Where the commission by any person of an offence under any of the relevant statutory provisions1 is due to2 the act or default3 of some other person, that other person is guilty of the offence, and may be charged with and convicted of the offence whether or not proceedings are taken against the first-mentioned person4. Nothing in the relevant statutory provisions, however, operates so as to afford an employer a defence in any criminal proceedings for a contravention of those provisions by reason of any act or default of
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