New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 46

46 Use of codes

(1) In any proceedings for an offence against this Act or the regulations:

(a) an approved industry code of practice that is relevant to any matter which it is necessary for the prosecution to prove to establish the commission of the offence by a person is admissible in evidence in those proceedings, and

(b) the person’s failure at any material time to observe the code is evidence of the matter to be established in those proceedings.

(2) A person is not liable to any civil or criminal proceedings by reason only that the person has failed to observe an approved industry code of practice.