CTHRepealedAct
Occupational Health and Safety Act 1991
71Use of codes of practice in proceedings
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#### 71 Use of codes of practice in proceedings
Where in any proceedings under this Act it is alleged that a person breached a provision of this Act or the regulations in relation to which an approved code of practice was in effect at the time of the alleged breach or failure:
(a) the approved code of practice is admissible in evidence in those proceedings; and
(b) if the court is satisfied, in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged breach, that:
(i) any provision of the approved code of practice is relevant to that matter; and
(ii) the person failed at any material time to observe that provision of the approved code of practice;
that matter is to be taken as proved unless the court is satisfied that in respect of that matter the person complied with that provision of this Act or the regulations otherwise than by way of observance of that provision of the approved code of practice.