46 Right of accused to have third person before court S. 46 (Heading) inserted by No. 68/2009 s. 97(Sch. item 59.3). (1) An accused charged with an offence against this S. 46(1) amended by Act who alleges that the contravention or failure No. 68/2009 to comply constituting the offence was due to the s. 97(Sch. item 59.4). act or default of another person may, upon compliance with subsection (2), have that other person brought before the court by which the charge is to be heard and determined. (2) An accused who desires to avail himself of the S. 46(2) amended by provisions of this section— No. 68/2009 s. 97(Sch. (a) shall, at least ten days before the return day item 59.5(a)). of the summons in question, give to the informant notice in writing of his intention to avail himself of the provisions of this section and particulars of his claim that— (i) the contravention or failure to comply was due to the act or default of another person; and (ii) he exercised due diligence to ensure compliance with the provisions of this Act in question; and (b) shall file a charge-sheet charging the other S. 46(2)(b) amended by person with an offence against this Act. Nos 57/1989 s. 3(Sch. item 79.9), 68/2009 s. 97(Sch. item 59.5(b)).
S. 46 (Heading) inserted by No. 68/2009 s. 97(Sch. item 59.3). 46 Right of accused to have third person before court S. 46(1) amended by No. 68/2009 s. 97(Sch. item 59.4). (1) An accused charged with an offence against this Act who alleges that the contravention or failure to comply constituting the offence was due to the act or default of another person may, upon compliance with subsection (2), have that other person brought before the court by which the charge is to be heard and determined. S. 46(2) amended by No. 68/2009 s. 97(Sch. item 59.5(a)). (2) An accused who desires to avail himself of the provisions of this section— (a) shall, at least ten days before the return day of the summons in question, give to the informant notice in writing of his intention to avail himself of the provisions of this section and particulars of his claim that— (i) the contravention or failure to comply was due to the act or default of another person; and (ii) he exercised due diligence to ensure compliance with the provisions of this Act in question; and S. 46(2)(b) amended by Nos 57/1989 s. 3(Sch. item 79.9), 68/2009 s. 97(Sch. item 59.5(b)). (b) shall file a charge-sheet charging the other person with an offence against this Act.