Tasmanian Consolidated Acts

WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 54

      (1) In proceedings for an offence against this Act, an allegation in the complaint that, at a specified time –

(a) a person was an employee at a specified workplace; or

(b) a person was an employer at a specified workplace; or

(c) a person was a contractor at a specified workplace; or

(d) a notice was given under this Act; or

(e) a notice required to be given under this Act was not given; or

(f) a prescribed fee has not been paid; or

(g) a person was an inspector; or

(h) a specified building, structure, mine or place was a workplace –

      (2) Where in any proceedings under this Act it is alleged that a person contravened or failed to comply with a provision of this Act in relation to which an approved code of practice was in effect at the time of the alleged contravention or failure to comply –

(a) a document purporting to be a code of practice is admissible in evidence in those proceedings; and

(b) if the court is satisfied, in respect of any matter that it is necessary for the prosecution to prove in order to establish the alleged contravention or failure to comply, that –

(i) any provision of the code of practice is relevant to that matter; and

(ii) the person failed at any material time to observe that provision of the code of practice –

the matter is taken as proved unless the court is satisfied that, in respect of that matter, the person complied with the provision of this Act otherwise than by way of observance of the provision of the code of practice.

      (3) A document purporting to be published by or under the authority of a prescribed authority is, on its production in a proceeding, evidence of the matters appearing in the document.