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PART VII.
Provisions Supplementary to Parts III, IV and VI.
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Statutory defences.
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46.—(1) Where a person being an employer or a principal is charged with having committed an offence under the provisions of this Act relating to offences in relation to price orders or to offences in relation to manufacturer's price orders, it shall be a good defence to such charge for such person to prove—
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(a) that he used due diligence to prevent the commission of the acts alleged to constitute an offence; and
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(b) that the acts alleged to constitute such offence were not done by him personally; and
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(c) that the said acts were done without his consent, connivance or wilful default; and
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(d) that on service of the summons on him he gave to the prosecutor all information in his power with respect to the person who did the said acts.
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(2) Where a person being a servant or employee is charged with having committed an offence under the provisions of this Act relating to offences in relation to price orders or to offences in relation to manufacturer's price orders it shall be a good defence to such charge for such person to prove—
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(a) that he was in the employment of another person (in this sub-section referred to as the employer); and
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(b) that the acts alleged to constitute such offence were committed by him in the course of and for the purposes of such employment; and
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(c) that the said acts were committed by him in obedience to the express orders of the employer; and
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(d) that on service of the summons on him he gave all information in his power with respect to the matters mentioned in the foregoing paragraphs.
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