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of <h1>Employer or manager liability for mine/factory Code offences when another alleged offender is produced; discharge if due diligence shown</h1> Where an owner, agent or manager of a mine, or employer or occupier or manager of a factory is charged with an offence under this Code, they may, on complaint and at least three clear days' written notice, require any other person alleged to be the actual offender to be brought before the court; if the offence is proved and the accused person establishes to the court that the owner/agent/manager exercised due diligence to enforce the Code, or that the other person committed the offence without the owner/agent/manager's knowledge, consent or connivance, that other person shall be convicted and liable to like punishment and the owner/agent/manager shall be discharged from liability. The owner/agent/manager and witnesses may be examined and cross-examined; if the alleged actual offender cannot be produced, the court may adjourn up to three months, but must proceed and may convict the owner/agent/manager if by then the alleged offender remains unavailable.
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