Section 35: Offence by person other than defendant

(1) Any person prosecuted for an offence under this Act, on giving to the prosecution three clear days' notice of his requirement and with the leave of the court, shall be entitled to have brought before the court in the proceedings any other person to whose act or default the defendant alleges responsibility for the commission of the offence. If on proof of commission of the offence, the original defendant proves that its commission was due to the act or default of the other person brought before the court and that the original defendant took all reasonable care to avoid the commission of the offence by him or by any person under his control, he shall be acquitted and discharged; and the court, if it thinks fit, may enter a conviction against the other person brought before the court.
(2) Where it appears to any authority by or on whose behalf proceedings may be instituted that an offence under this Act has been committed and that authority is reasonably satisfied that the offence was due to any act or default of some other person, the authority may cause proceedings to be taken against that other person alone; and in any such proceedings that other person may be charged with and may be convicted of that offence, notwithstanding the failure to prosecute the first mentioned person.