22Defences for Division 1 or 2

22 Defences for Division 1 or 2

(1)  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 –

(a) 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

(b) subject to paragraph (a) , if an approved code of practice has been made stating a way to achieve an acceptable level of risk –

(i) the person adopted and followed the stated way in order to prevent the contravention; or

(ii) 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

(c) 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.

(2)  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.