Use of codes of practice in proceedings
38 Use of codes of practice in proceedings
A person does not commit an offence against this Act or the
Regulations if the act or omission alleged to constitute the offence or an element of the offence was done or omitted to be done in compliance with a code of practice relating to the act or omission.
Where, in a prosecution for an offence against a provision of this Act or the Regulations, it is proved that the act or omission alleged to constitute the offence or an element of the offence was done or omitted to be done in contravention of a code of practice relating to the act or omission, the offence or the element is to be taken to be proved unless the court is satisfied that the defendant complied with the provision otherwise than by compliance with the code of practice.
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