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PART VI.
Provisions in relation to offences.
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Statutory defences.
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22.—(1) Save as otherwise provided by this Act, where a person is charged with having committed an offence under this Act it shall be a good defence to such charge for such person to prove—
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(a) (i) that having taken all reasonable precautions against committing such offence he had at the time of the commission of the acts alleged to constitute such offence no reason to suspect that the goods in respect of which such offence is charged were goods to which the provisions of this Act relating to the sale of imported goods bearing name or trade mark of Saorstát Eireann manufacturer or trader, or place name in Saorstát Eireann or, a restriction on sale order applied;
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and
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(ii) that on a demand made by or on behalf of the prosecutor he gave all information in his power with respect to the persons from whom he obtained the goods;
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or
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(b) that otherwise he had acted innocently.
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(2) Save as otherwise provided by this Act, where a person being an employer or principal is charged with having committed an offence under this Act 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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(3) Save as otherwise provided by this Act where a person being a servant or employee is charged with having committed an offence under this Act 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);
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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;
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and
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(c) that the said acts were committed by him in obedience to the express orders of the employer;
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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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(4) Save as otherwise provided by this Act where a person being a wholesale dealer is charged with having committed an offence under this Act in relation to the sale of any goods it shall be a good defence to such charge for such person to prove—
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(a) that such sale was a sale wholesale; and
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(b) that the goods were sold to the purchaser on an undertaking in writing that they would be exported or re-sold for exportation to a place outside Saorstát Eireann.
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Any document containing an undertaking to the above effect shall, if it purports to be signed by the purchaser and specifies the usual business address of the purchaser, on production thereof be prima facie evidence of such undertaking.
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