632AUsing code of practice in proceeding

632A Using code of practice in proceeding

632A Using code of practice in proceeding

(1) This section applies in a proceeding for an offence against this Law.

(2) A registered industry code of practice is admissible as evidence of whether or not a duty or obligation under this Law has been complied with.

(3) The court may—

(a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment, or risk control, to which the code relates; and

(b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

(4) Nothing in this section prevents a person from introducing evidence of complying with this Law in a way that differs from the code but that provides a standard of safety or protection equivalent to or higher than the standard required in the code.

(5) However, the person may introduce the evidence mentioned in subsection (4) only if the person has given written notice of the person’s intention to do so to the complainant at least 28 days before the day fixed for the hearing of the offence.

s 632A: Ins 2016 No 65, sec 101.