43 Right of accused to have third person before court S. 43 (Heading) inserted by No. 68/2009 s. 97(Sch. item 44.14). (1) An accused charged with an offence against this S. 43(1) amended by Act who alleges that the contravention No. 68/2009 constituting the offence was due to the act or s. 97(Sch. item 44.15). default of another person may have that other person brought before the court by which the charge is to be heard. (2) An accused who desires to use the provisions of S. 43(2) amended by this section— No. 68/2009 s. 97(Sch. item 44.16(a)). (a) shall, at least ten days before the return day S. 43(2)(a) amended by of the summons in question, give to the No. 68/2009 informant notice in writing of the intention s. 97(Sch. item 44.16 of the accused to use the provisions of this (b)(c)). section and particulars of the claim of the accused that— (i) the contravention was due to the act or default of another person; and (ii) the accused exercised due diligence to S. 43(2)(a)(ii) amended by ensure compliance with the provision No. 68/2009 of this Act in question; and s. 97(Sch. item 44.16(d)). (b) shall file a charge-sheet against the other S. 43(2)(b) amended by person for an offence against this Act. Nos 57/1989 s. 3(Sch. item 51.1), 68/2009 s. 97(Sch. item 44.16(e)).
S. 43 (Heading) inserted by No. 68/2009 s. 97(Sch. item 44.14). 43 Right of accused to have third person before court S. 43(1) amended by No. 68/2009 s. 97(Sch. item 44.15). (1) An accused charged with an offence against this Act who alleges that the contravention constituting the offence was due to the act or default of another person may have that other person brought before the court by which the charge is to be heard. S. 43(2) amended by No. 68/2009 s. 97(Sch. item 44.16(a)). (2) An accused who desires to use the provisions of this section— S. 43(2)(a) amended by No. 68/2009 s. 97(Sch. item 44.16 (b)(c)). (a) shall, at least ten days before the return day of the summons in question, give to the informant notice in writing of the intention of the accused to use the provisions of this section and particulars of the claim of the accused that— (i) the contravention was due to the act or default of another person; and S. 43(2)(a)(ii) amended by No. 68/2009 s. 97(Sch. item 44.16(d)). (ii) the accused exercised due diligence to ensure compliance with the provision of this Act in question; and S. 43(2)(b) amended by Nos 57/1989 s. 3(Sch. item 51.1), 68/2009 s. 97(Sch. item 44.16(e)). (b) shall file a charge-sheet against the other person for an offence against this Act.