AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 77

Defence available to defendant where some other person is responsible for commission of offence

(1)  A person against whom proceedings are brought in respect of an offence against this Act is entitled to have any person (in this section referred to as "the third party" ) to whose act or default he alleges that the commission of the offence was due brought before the court in those proceedings, and if, after the offence is proved, the original defendant proves that the commission of the offence was due to the act or default of that other person, that other person may be convicted of the offence, and, if the original defendant further proves that he used all due diligence to secure compliance with the provisions of this Act in respect of the contravention in relation to which the proceedings are brought, he shall be acquitted of the offence.
(2)  To avail himself of the provisions of subsection (1) the defendant may, on 3 clear days' notice to the prosecutor, apply to a justice for a summons to the third party and –
(a) the justice shall make the return day of that summons conform to the principle of section 70 and amend the return day of the summons on the complaint accordingly; and
(b) the justice's summons to the third party shall recite the complaint and the defendant's allegation on which it is issued.
(3)  Where a defendant avails himself of the provisions of subsection (1) –
(a) the prosecutor and the third party are entitled to cross-examine the defendant, if he gives evidence, and to cross-examine any witness called by him in support of his evidence, and to call rebutting evidence; and
(b) the court before which the proceedings are brought may make such order as the court thinks fit for the payment of costs by any party to the proceedings to any other party thereto.
(4)  Where it appears to an inspector that an offence under this Act has been committed in respect of which proceedings might be taken against some person and the inspector is reasonably satisfied that the offence was due to an act or default of some other person and that the first-mentioned person could have that other person brought before a court in accordance with subsection (1) , the inspector may cause proceedings to be brought against that other person without first causing proceedings to be brought against the first-mentioned person, and in any proceedings so brought that other person may be charged with and, on proof that the commission of the offence was due to his act or default, may be convicted of, the offence with which the first-mentioned person might have been charged.



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