Section 7: Offences by agents, etc.

(1) Where an offence for which an employer is by virtue of this Act liable to a penalty, has in fact been committed by some agent of the employer or by some other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if he were the employer.
(2) Where an employer is charged with an offence under this Act, he shall be entitled upon complaint duly made by him and on giving to the prosecution not less than three days' notice in writing of his intention, to have any other person to whose act or default he alleges that the offence in question was due, brought before the court at the time appointed, for the hearing of the charge, and, if after the commission of the offence has been proved, the employer proves that the offence was due to the act or the default of that other person, that other person may be charged with the offence, or, if the employer further proves that he has used all due diligence to secure that this Act is complied with, he shall be acquitted of the offence.
(3) Where a defendant seeks to avail himself of the provisions of subsection (2) of this section-
(a) the prosecution as well as the person whom the defendant charges with the offence shall have the right to cross-examine him if he gives evidence and any witness called by him in support of his plea, and to call rebutting evidence; and
(b) the court may make such order as it thinks fit for the payment of the costs by any party to the proceedings, other than the prosecution, to any other party thereto.
(4) Where it appears to an authorised officer that an offence has been committed in respect of which proceedings might be taken under this Act against an employer, and the officer is reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the employer could establish a defence under subsection (2) of this section, the officer may cause proceedings to be taken against that other person, and in any such proceedings the defendant may be charged with the offence and on proof that the offence was due to his act or default, be convicted for the offence for which the employer might have been charged.