130Alternative defendants

130 Alternative defendants (1) This section applies if the chief health officer is of the opinion that an offence against this Act has been committed in relation to which a person (the defendant) may be charged and the chief health officer is satisfied, on reasonable grounds, that— (a) the offence was caused by the act or omission of someone else (the alternative defendant); and (b) the defendant could successfully defend a proceeding using section 129 (Right of defendant to have third person before court). (2) The chief health officer may arrange for a proceeding to be begun against the alternative defendant for the offence without a proceeding first being begun against the defendant. (3) In a proceeding in accordance with this section, the alternative defendant may be charged with the offence with which the defendant might have been charged and, on proof that the offence was caused by the act or omission of the alternative defendant, the alternative defendant may be convicted of the offence. (4) If the alternative defendant is acquitted, the defendant may be prosecuted for, and convicted of, the offence.