Medicines and Poisons Act 2019
sec.235Use of departmental standards in proceedings
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sec.235 Use of departmental standards in proceedings
This section applies in a proceeding for an offence against a provision of this Act if the provision states a departmental standard provides for a way that is not the only way of complying with the provision. The departmental standard is admissible in the proceeding as evidence of whether or not the provision has been complied with. The court may have regard to the departmental standard in deciding whether or not the provision has been complied with. Subsections (2) and (3) do not prevent a person from introducing evidence of compliance with the provision in a way that is different from the departmental standard but otherwise satisfies the requirements of the provision. (sec.235-ssec.1) This section applies in a proceeding for an offence against a provision of this Act if the provision states a departmental standard provides for a way that is not the only way of complying with the provision. (sec.235-ssec.2) The departmental standard is admissible in the proceeding as evidence of whether or not the provision has been complied with. (sec.235-ssec.3) The court may have regard to the departmental standard in deciding whether or not the provision has been complied with. (sec.235-ssec.4) Subsections (2) and (3) do not prevent a person from introducing evidence of compliance with the provision in a way that is different from the departmental standard but otherwise satisfies the requirements of the provision.