Owner or manager may shift liability by naming the actual offender and proving due diligence to avoid liability. An owner, agent or manager charged with an offence may, after giving at least three days' written notice, require that the person they allege to be the actual offender be brought before the court. If the offence is proved and the charged person establishes they exercised due diligence or that the other person acted without their knowledge, consent or connivance, that other person shall be convicted and the charged owner, agent or manager shall be discharged from liability. The charged person may be examined on oath and cross-examined, and hearings may be adjourned up to three months if the alleged actual offender is not produced.
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Provisions expressly mentioned in the judgment/order text.
Owner or manager may shift liability by naming the actual offender and proving due diligence to avoid liability.
An owner, agent or manager charged with an offence may, after giving at least three days' written notice, require that the person they allege to be the actual offender be brought before the court. If the offence is proved and the charged person establishes they exercised due diligence or that the other person acted without their knowledge, consent or connivance, that other person shall be convicted and the charged owner, agent or manager shall be discharged from liability. The charged person may be examined on oath and cross-examined, and hearings may be adjourned up to three months if the alleged actual offender is not produced.
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