South Australian Consolidated Acts

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OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 25

25—Duties applicable to all persons

        (1)         A person (not being an employer, employee or occupier of a workplace) must not—

            (a)         misuse or damage anything provided in the interests of health, safety or welfare; or

            (b)         place at risk the health or safety of any other person while that person is at work.

        (2)         It is a defence to a charge of an offence against subsection (1) for the defendant to prove—

            (a)         that the act or omission alleged to give rise to the offence was neither intentional nor reckless; or

            (b)         that there is a reasonable excuse for that act or omission.



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