Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_85
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 85
Character Range: 2348256–2349217

85  Use of codes of practice in criminal proceedings

Scope
 (1) This clause applies if, in any proceedings for an offence against a listed OHS law, it is alleged that a person contravened a provision of a listed OHS law in relation to which a code of practice was in effect at the time of the alleged contravention.

Admissibility
 (2) The code of practice is admissible in evidence in those proceedings.

Presumption
 (3) If the court is satisfied, in relation to any matter which it is necessary for the prosecution to prove in order to establish the contravention, that:
 (a) any provision of the code of practice is relevant to that matter; and
 (b) the person failed at any material time to comply with that provision of the code of practice;
that matter is treated as proved unless the court is satisfied that, in respect of that matter, the person complied with that provision of a listed OHS law otherwise than by complying with the code of practice.