Victorian Consolidated Legislation

Equipment (Public Safety) Act 1994 - SECT 33

PART 6 GENERAL

Codes of practice

33. Codes of practice



(1) For the purpose of providing practical guidance to proprietors,
manufacturers, designers, importers, suppliers, persons in charge of
prescribed equipment and any other person who may be placed under an
obligation by or under this Act, the Minister may approve any code of
practice.

(2) A code of practice may apply, adopt, incorporate or refer to any document
formulated or published by any body or authority as in force at the time the
code of practice is approved or as amended, formulated or published from time
to time.

(3) The Minister may approve any revision of the whole or any part of a code
of practice or revoke the approval of a code of practice.

(4) The Minister must cause to be published in the Government Gazette notices
of-

   (a)  the approval of a code of practice; and

   (b)  the approval of a revision of the whole or any part of a code of
        practice; and

   (c)  the revocation of approval of a code of practice.

(5) The Minister must cause a copy2-

   (a)  of every approved code of practice; and

   (b)  if an approved code of practice has been revised and that revision has
        been approved, of every approved code of practice as so revised; and



   (c)  if an approved code of practice applies incorporates or refers to any
        other document, of every such document-

to be made available for inspection by members of the public without charge at
the office of the Authority during normal office hours.

(6) An approved code of practice comes into effect-

   (a)  on the day on which notice of approval of the code of practice is
        published in the Government Gazette or on a later day specified in the
        notice; and

   (b)  if the code of practice has been revised in whole or in part, to the
        extent of that revision on the day on which notice of approval of that
        revision is published in the Government Gazette or on a later day
        specified in the notice.

(7) An approved code of practice ceases to be of effect at the end of the day
on which notice of the revocation of approval of the code of practice is
published in the Government Gazette.

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