Workplace Safety and Health Act · s 46

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s 46Onus of proving what is reasonably practicable

Where in any proceedings for an offence under any provision of this

Act, it is alleged that any person failed to comply with a duty to do something so far as is reasonably practicable, it shall be for the accused to prove that —

(a)

it was not reasonably practicable to do more than what was in fact done to satisfy that duty; or

(b)

there was no better practicable means than was in fact used to satisfy that duty.

Workplace Safety and Health