17.1Where a person who employed or retained the services of a guide commits or is otherwise party to an offence under this Act or the regulations and the guide
(a)
ought reasonably to have prevented the offence from occurring, and
(b)
failed to exercise due diligence to prevent the action or omission of the person who employed or retained the services of the guide,
the guide is a party to the offence and may be charged with, convicted of and sentenced for the offence, whether or not the person who employed or retained the services of the guide is charged with or convicted of the offence.