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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)If on any premises registered under this Act there are filling materials to which this Act applies which are not clean, the occupier of the premises shall be guilty of an offence, unless he proves—
(a)in the case of materials in an article, that the article is a second-hand one belonging to some other person and brought on to the premises to be reconditioned or remade; and
(b)in the case of materials not in an article, that they were brought on to the premises in such an article as aforesaid.
(2)If any person sells, on the demand of a purchaser for filling materials to which this Act applies which are clean within the meaning of this Act, any filling materials to which this Act applies which are not clean, he shall be guilty of an offence.
(3)In any proceedings under subsection (1) or subsection (2) of this section it shall be a defence for the defendant to prove—
(a)that he purchased the filling materials alleged not to be clean as being clean within the meaning of this Act and with a written warranty to that effect; and
(b)that he had no reason to believe at the time of the alleged offence that the filling materials were not clean ; and
(c)that the filling materials were then in the same state as when he purchased them.
(4)Where the defendant is a servant or agent of the person who purchased the material under a warranty, he shall be entitled to rely on the provisions of the last foregoing subsection in the same way as his employer or principal would have been entitled to do if he had been the defendant.
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