s. 42A (5) A person who purchases petrol for resale may S. 42A(5) demand from the vendor a warranty in writing that substituted by No. 20/1994 the petrol so purchased complies with the relevant s. 15(2). requirements that apply under subsection (3). (6) A vendor who refuses to furnish a purchaser with such a warranty as is mentioned in subsection (5) shall be guilty of an offence. (7) If the accused in any proceedings for an offence S. 42A(7) amended by under subsection (3) proves to the satisfaction of No. 68/2009 the court— s. 97(Sch. item 50.6). (a) that he purchased the petrol in question with such a warranty as is mentioned in subsection (5); and (b) that he sold the petrol in question in the same S. 42A(7)(b) amended by state as when he purchased it— No. 87/1989 s. 30(e). he shall be discharged from the prosecution. (8) Where an accused has been discharged from a S. 42A(8) amended by prosecution pursuant to subsection (7) then a Nos 87/1989 prosecution may within 90 days after the s. 30(e), 68/2009 discharge of the accused be instituted against the s. 97(Sch. person from whom the accused purchased the item 50.7). petrol in question and for the purposes of that prosecution such person shall be deemed to have sold the petrol in question. (9) A warranty shall not be available as a defence to a S. 42A(9) amended by prosecution for an offence under subsection (3) Nos 57/1989 unless the accused has within seven days after s. 3(Sch. item 64.2), 68/2009 service of the summons to answer to the charge s. 97(Sch. sent to the informant a copy of the warranty item 50.8). together with a written notice stating that he intends to rely on the warranty and specifying the name and address of the person from whom he
S. 42A(5) substituted by No. 20/1994 s. 15(2). (5) A person who purchases petrol for resale may demand from the vendor a warranty in writing that the petrol so purchased complies with the relevant requirements that apply under subsection (3). s. 42A (6) A vendor who refuses to furnish a purchaser with such a warranty as is mentioned in subsection (5) shall be guilty of an offence. S. 42A(7) amended by No. 68/2009 s. 97(Sch. item 50.6). (7) If the accused in any proceedings for an offence under subsection (3) proves to the satisfaction of the court— (a) that he purchased the petrol in question with such a warranty as is mentioned in subsection (5); and S. 42A(7)(b) amended by No. 87/1989 s. 30(e). (b) that he sold the petrol in question in the same state as when he purchased it— he shall be discharged from the prosecution. S. 42A(8) amended by Nos 87/1989 s. 30(e), 68/2009 s. 97(Sch. item 50.7). (8) Where an accused has been discharged from a prosecution pursuant to subsection (7) then a prosecution may within 90 days after the discharge of the accused be instituted against the person from whom the accused purchased the petrol in question and for the purposes of that prosecution such person shall be deemed to have sold the petrol in question. S. 42A(9) amended by Nos 57/1989 s. 3(Sch. item 64.2), 68/2009 s. 97(Sch. item 50.8). (9) A warranty shall not be available as a defence to a prosecution for an offence under subsection (3) unless the accused has within seven days after service of the summons to answer to the charge sent to the informant a copy of the warranty together with a written notice stating that he intends to rely on the warranty and specifying the name and address of the person from whom he