Victorian Consolidated Legislation

Equipment (Public Safety) Act 1994 - SECT 34

Use of codes of practice in proceedings

34. Use of codes of practice in proceedings

If, in any proceedings under this Act, it is alleged that a person contravened
or failed to comply with a provision of this Act or the regulations in
relation to which an approved code of practice was in effect at the time of
the alleged contravention or failure-

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