13Interaction with the Occupational Health and Safety Act 2004

13 Interaction with the Occupational Health and Safety Act 2004

(1) If an OHS provision applies to an activity in respect of which a duty is imposed under Division 3 of Part 2, the OHS provision continues to apply and must be observed in addition to that Division and any regulations made under this Act for the purposes of that Division.

See also section 51 of the Interpretation of Legislation Act 1984.

(2) If a provision of this Act or the regulations made under this Act is inconsistent with an OHS provision, the OHS provision prevails to the extent of the inconsistency.

(3) Compliance with this Act or the regulations made under this Act, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against an OHS provision.

(4) Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against an OHS provision.

(5) In this section—

OHS provision means a provision of the Occupational Health and Safety Act 2004 or the regulations made underthat Act.

S. 7 renumbered as s. 14 by No. 63/2017 s. 14.