124Alternative defendants

124 Alternative defendants (1) If it appears to an enforcement agency that an offence against this Act or the Regulations has been committed and that a person is likely to be charged with committing the offence but the enforcement agency is reasonably satisfied that: (a) the offence was due to the act or omission of another person; and (b) the first-mentioned person could successfully defend a proceeding by relying on section 123, the enforcement agency may commence proceedings against the other person for the offence without proceedings being commenced against the first-mentioned person. (2) In the proceedings, the other person may be charged with the offence with which the first-mentioned person might have been charged and, on proof that the offence was due to the acts or omissions of the other person, the other person may be found guilty of committing the offence.