A mines inspector who is the complainant in a prosecution under the Mines Safety and Inspection Act 1994 (WA) has standing to appeal under the Justices Act 1902 (WA) as a person aggrieved or party to an appeal. The Mines Safety and Inspection Act does not constitute an exclusive code excluding such appellate rights. Macleod v ASIC is confined to the federal context where a Commonwealth statute limited the powers of a federal authority. On the substantive offence, the employer's duty under s 9(1)(e) to make arrangements for safe maintenance of plant is breached by the failure to actually use available safety measures (here, clamps), not merely by a failure to instruct on their use.
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