85
CurrentCircumstances preventing compliance may be defence to prosecution
Schedule 3Occupational health and safety
Part 5General
85 Circumstances preventing compliance may be defence to prosecution
(1)
It is a defence to a prosecution for refusing or failing to do anything required by a listed OHS law if the defendant proves it was not practicable to do the thing because of an unforeseen and uncontrollable event prevailing at the relevant time.
(2)
This section does not limit chapter 5 of the Criminal Code.
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