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Occupational Health and Safety (Maritime Industry) Act 1993
110Use of codes of practice in proceedings
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#### 110 Use of codes of practice in proceedings
If, in any proceedings for an offence against this Act or the regulations, it is alleged that a person contravened a provision of this Act or the regulations in relation to which a code of practice was in effect at the time of the alleged contravention:
(a) the code of practice is admissible in evidence in those proceedings; and
(b) if the court thinks, in relation to any matter which it is necessary for the prosecution to prove, in order to establish the alleged contravention, that:
(i) any provision of the code of practice is relevant to that matter; and
(ii) the person failed at any material time to comply with that provision of the code of practice;
that matter is treated as proved unless the court thinks that, in respect of that matter, the person complied with that provision of this Act or the regulations otherwise than by complying with the code of practice.