230IInteraction with the Occupational Health and Safety Act 2004

230I Interaction with the Occupational Health and Safety Act 2004 (1) If a provision of the **Occupational Health and Safety Act 2004** or the regulations made under that Act applies to an activity in respect of which a duty under a relevant rail safety duty law is imposed, that provision continues to apply, and must be observed in addition to the relevant rail safety duty law. See also section 51 of the **Interpretation of Legislation Act 1984**. (2) If a relevant rail safety duty law is inconsistent with a provision of the **Occupational Health and Safety Act 2004** or the regulations made under that Act, the **Occupational Health and Safety Act 2004** or the regulations made under it prevail to the extent of the inconsistency. (3) Compliance with a relevant rail safety duty law, or with any requirement imposed under a relevant rail safety duty law, is not in itself a defence in any proceedings for an offence against the **Occupational Health and Safety Act 2004** or the regulations made under that Act. (4) Evidence of a relevant contravention of a relevant rail safety duty law is admissible in any proceedings for an offence against the **Occupational Health and Safety Act 2004** or the regulations made under that Act. S. 230J inserted by No. 9/2006 s. 127 (as amended by No. 47/2006 s. 51), amended by No. 23/2013 s. 122, repealed by No. 41/2019 s. 114. Pt 7A (Headings and ss 230K–230ZE) inserted by No. 93/2009 s. 15. Part VIIA—Enforcement and related powers for the Port of Melbourne Division 1—Preliminary S. 230K inserted by No. 93/2009 s. 15, substituted by No. 19/2010 s. 14.