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9. In section 31(1) (penalties and legal proceedings in respect of general provisions as to employment), after subsection (2) insert the following new subsection—
“(2A) Where a person is charged under this section with contravening section 28(1)(j) of this Act the proviso in subsection (1) of this section shall not apply, but it shall be a defence for him to prove that he used all due diligence to secure that section 28(1)(j) should be complied with.”.
Section 31 was amended by section 36 of the 1963 Act and by the Employment Act 1989, Schedule 3, paragraph 10.
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