DANGEROUS GOODS ACT 1985 - SECT 60 Use of codes of practice in proceedings

DANGEROUS GOODS ACT 1985 - SECT 60

If in any proceedings under this Act it is alleged that a person contravened a provision of this Act in relation to which an approved code of practice was in effect at the time of the alleged contravention—

        (a)     the approved code of practice is admissible in evidence in those proceedings; and

        (b)     if the court is satisfied in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention that—

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

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

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

S. 60A inserted by No. 31/2005 s. 22.