Amendment status not verified — confirm the current text below against the official source.
In any proceedings for an offence under this Act or under any regulations made thereunder, it shall be a defence for the person charged to prove- (a) that the commission of the offence was due to a mistake, or to an accident or some other cause beyond his control; and (b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control. 27.-(1) A person against whom proceedings are brought for an offence under this Act or under any regulations made thereunder shall, upon information duly laid by him and upon giving to the Clerk of the Courts not less than three clear days’ notice of his intention to avail himself of the provisions of this subsection, be entitled to have brought before the court in those proceedings any other person to whose act or default he alleges that the commission of the LThe inclusion lob this mge is authorized by W. 96/1998] WEIGHTS AND MEASURES 21 offence was due; and if, after the offence has been proved the original defendant proves that the commission thereof was due to an act or default of that other person- (a) that other person may be convicted of the offence; and (b) if the original defendant further proves that he exercised all due diligence to avoid the commission of the offence by him or any person under his control, the original defendant shall be acquitted of the offence. (2) Where a defendant seeks to avail himself of the provisions of subsection (1)- (a) the prosecutor, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine the defendant, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting. evidence; (b) the court may make such order as it thinks fit for the payment of costs by any p.arty to the proceed- ings to any party thereto.