Commonwealth Consolidated Acts

ROAD TRANSPORT REFORM (DANGEROUS GOODS) ACT 1995 - SECT 41

             (1)  This section applies to a code of practice, guideline or other document that is approved by the Ministerial Council for Road Transport for the purpose of providing practical guidance to people engaged in the transport of dangerous goods by road.

             (2)  If:

                     (a)  in proceedings against a person for an offence, it is alleged that a person contravened a provision of this Act; and

                     (b)  a code of practice, guideline or other document to which this section applies specifies a means of complying with the provision or with a requirement of the provision; and

                     (c)  either:

                              (i)  the code of practice, guideline or other document has been published in the Government Gazette; or

                             (ii)  copies of the code of practice, guideline or other document are available for purchase or inspection within the jurisdiction;

then:

                     (d)  the code of practice, guideline or other document is admissible in the proceedings; and

                     (e)  if the court is satisfied that, at the relevant time, the person acted in accordance with the code of practice, guideline or other document, the person is taken to have complied with the provision or requirement.