Marginal note:Extension of liability for offences

• 35. (1) In sections 30 to 34, “person” includes an unincorporated body that is a contractor.

• Marginal note:Officers, etc., of corporations

  (2) If a contractor or corporation commits an offence under this Act, any officer, director or agent or mandatary of the contractor or corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the contractor or corporation has been prosecuted or convicted.

Marginal note:Offence by employee or agent or mandatary

• 36. (1) In any prosecution for an offence under this Act it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

• Marginal note:Limitation period

  (2) Any proceedings by way of summary conviction pursuant to this Act may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.

• Marginal note:Trial of offences

  (3) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

• Marginal note:Prosecution of unincorporated body

  (4) A prosecution for an offence under this Act may be brought against and in the name of an unincorporated body that is a contractor and, for the purposes of that prosecution, the body is deemed to be a person and any act or thing done or omitted by any officer or agent or mandatary of the body within the scope of their authority to act on behalf of the body is deemed to be an act or thing done or omitted by the body.

• Marginal note:Idem

  (5) For the purposes of subsection (4), a prosecution against a body may be brought against it in the name by which the body is commonly known or in which any undertaking to supply electricity or gas to a purchaser is given by the body.

Marginal note:Certificates of inspectors

• 37. (1) In any prosecution for an offence under this Act or any other proceeding to which the legislative jurisdiction of Parliament extends, a certificate purporting to have been given by an inspector pursuant to this Act and to have been signed by the inspector who made the examination, investigation or test is evidence of the matters stated therein relating to the examination, investigation or test without proof of the signature or the official character or the capacity of the person appearing to have signed the certificate.

• Marginal note:Attendance of inspector

  (2) The party against whom a certificate of an inspector is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.

• Marginal note:No admissibility without notice

  (3) No certificate shall be received in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.