78Proceedings relating to third persons

78 Proceedings relating to third persons

(1)  A person charged with an offence under this Act who alleges that the offence was due to the act or omission of another person may apply to a justice for a summons to that other person to appear in proceedings relating to that offence.

(2)  On receipt of the application, a justice is to –

(a) issue the summons; and

(b) adjourn the proceedings until the return date of the summons.

(3)  The summons is to include –

(a) particulars of the complaint; and

(b) the allegations relating to the other person's act or omission.

(4)  The defendant is to forward to the complainant a copy of the application for the summons.

(5)  In proceedings for the offence, the complainant and the other person summonsed to appear may –

(a) cross-examine the defendant, if the defendant gives evidence, and any witness called by the defendant; and

(b) call evidence in rebuttal.

(6)  In determining proceedings for the offence, a court –

(a) may convict the other person summonsed to appear if the defendant proves that the offence was due to that person's act or omission; and

(b) is to dismiss the charge against the defendant if the defendant proves that he or she exercised due diligence to ensure compliance with the provision that gave rise to the offence; and

(c) may make any order it considers appropriate for the payment of costs by any party to any other party.

(7)  If an authorised officer is reasonably satisfied that an offence has been committed by a person and that the offence was due to an act or omission of another person –

(a) the authorised officer may cause proceedings to be brought against that other person without first causing proceedings to be brought against the person committing the offence; and