Use of codes of practice in proceedings
77 Use of codes of practice in proceedings
This section applies if, in proceedings for an offence against a listed OHS law, it is alleged that a person contravened a provision of a listed OHS law in relation to which a code of practice was in effect at the time of the alleged contravention.
The code of practice is admissible in evidence in those proceedings.
In relation to a matter the prosecution must prove in order to establish the alleged contravention, the matter is treated as proved if the court is satisfied that—
a provision of the code of practice is relevant to the matter; and
the person failed at a material time to comply with the provision of the code of practice.
Subsection (3) does not apply if the court is satisfied that in relation to the matter the person complied with the provision of a listed OHS law otherwise than by complying with the code of practice.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.