Employer exempt where third party liable

Where an employer is charged with a breach of any of the provisions of this Act or any offence under this Act, he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for the hearing of the charge, and 118 if, after the commission of the offence has been proved and such other person has been an opportunity of defending himself, the court is satisfied that the employer had used due diligence to comply with the provisions of this Act, and that the other person had committed the offence in question without the employer’s knowledge, consent or connivance, such other person shall be summarily convicted of the offence, and the employer shall be exempt from any fine.