70Codes of practice

#### 70 Codes of practice (1) For the purpose of providing practical guidance to employers, the Minister may approve codes of practice prepared by the Commission or by any other body, and may amend or revoke any code of practice so approved. (2) Without limiting the generality of the matters that may be included in codes of practice prepared by the Commission, the Commission must, in respect of each advisory standard or code declared after this subsection commences, as soon as practicable after that advisory standard or code is declared, incorporate in a code of practice prepared by the Commission for Ministerial approval under this section so much of that advisory standard or code: (a) as is capable of relating to the employment of employees; and (b) as has not been applied, adopted or incorporated, with or without modification, in regulations made for the purposes of section 23. (3) A code of practice incorporating a document (other than an advisory standard or code) that is prepared by a body may incorporate that document as in force at the time the code of practice is approved or as amended by the body from time to time. (4) Where the Minister approves or amends a code of practice (including such a code as previously amended by the Minister), the code as so approved or amended may be expressed by the Minister: (a) to apply generally; or (b) to apply only to occupational health and safety matters in an area that is, or among employees who are, specified by the Minister in the instrument of approval. (5) Where the Minister approves, amends or revokes a code of practice, the Minister must: (a) cause to be published in the Gazette a notice of the approval, amendment or revocation of the code of practice, as the case may be; and (b) cause to be laid before each House of the Parliament, within 15 sitting days of that House after the day on which the notice is published in the Gazette, a document setting out the code of practice as approved, including any document incorporated in the code of practice under subsection (3), or the amendment or revocation of the code of practice, as the case may be. (6) A document setting out a code of practice or an amendment or revocation of a code of practice is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (7) The Commission must, at all times, ensure that there is available for inspection at each of the offices of Comcare an up to date copy of each document that is incorporated in a code of practice under subsection (3). (8) A person is not liable to any civil or criminal proceedings by reason only that the person has failed to observe a provision of a code of practice approved by the Minister. (9) In this section: > advisory standard or code means a national standard, or a code of practice, that is declared by Safe Work Australia under item 2 of Schedule 3 to the Safe Work Australia (Consequential and Transitional Provisions) Act 2008.