Defences for Division 1 or 2
22 Defences for Division 1 or 2
It is a defence in proceedings against a person for a contravention of a safety obligation under Division 1 or 2 regarding a risk if the person establishes that – if regulations have been made about the way to achieve an acceptable level of risk, the person followed the way prescribed in the regulations in order to prevent the contravention; or subject to paragraph (a), if an approved code of practice has been made stating a way to achieve an acceptable level of risk – the person adopted and followed the stated way in order to prevent the contravention; or the person adopted and followed another way that achieved a level of risk that is equal to or lower than the acceptable level in order to prevent the contravention; or if no regulations or approved code of practice prescribe or state a way to discharge the person's safety obligation regarding the risk, the person took reasonable precautions and exercised proper diligence to prevent the contravention.
Also, it is a defence in proceedings against a person for an offence against section 11 for the person to establish that the commission of the offence was due to causes over which the person had no control.
This provision refers to the regulations (prescribed in the regulations
). Made under this Act:
- Explosives Regulations 2022
- Proclamation under the Explosives Act 2012 (SR 2012 No. 108) · Statutory Rule · under section 2
This Act’s bill:Explanatory notesSecond reading speech
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