Commonwealth Numbered Acts

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WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 275

Use of codes of practice in proceedings

             (1)  This section applies in a proceeding for an offence against this Act.

             (2)  An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Act has been complied with.

             (3)  The court may:

                     (a)  have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and

                     (b)  rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

Note:          See section 18 for the meaning of reasonably practicable .

             (4)  Nothing in this section prevents a person from introducing evidence of compliance with this Act in a manner that is different from the code but provides a standard of work health and safety that is equivalent to or higher than the standard required in the code.

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