76Right of agent or servant to recover from principal

### 76 Right of agent or servant to recover from principal > > (1)  If the defendant in proceedings under this Act for an offence in relation to the sale or supply of a substance or plant, being the agent or servant of the owner or person dealing in the substance or plant, proves that he sold or supplied the substance or plant without knowledge that any provision of this Act with respect to the substance or plant or any container or package in which it was contained had been contravened or had not been complied with, he may, whether his principal or employer has or has not been convicted and fined, recover in a court of competent jurisdiction from his principal or employer the amount of any penalty imposed on the agent or servant in the proceedings, together with the costs paid or payable by him on his conviction and those paid or payable by him in and about his defence to the proceedings. > > > (2)  Where an agent or servant has been convicted under this Act, the court before which he is convicted may suspend the operation of the conviction for a period not exceeding 3 months, to enable the agent or servant to recover from his principal or employer as provided in [subsection (1)](#GS76@Gs1@EN) .