Section 22: Offences by agent, etc.

(1)
Where an offence for which an employer is by virtue of this Act liable to 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, and either together with or before or after the conviction of the employer and shall be liable on conviction to the same penalty as that to which the employer is liable.
(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 duly 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 convicted of the offence, and, if the employer further proves that he has used all due diligence to secure that this Act and any relevant order made thereunder are 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 witnesses called by him in support of his pleas, and to call rebutting evidence; and
(b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings, other than the prosecution, to any other party thereto.
(4)
Where it appears to an appointed 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 without first causing proceedings to be taken against the employer, and in any such proceedings the defendant may be charged with, 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.