Workplace Safety and Health Act · 2024 Revised Edition · Part · Codes of Practice
40. Use of approved codes of practice in criminal proceedings
Official textFrom Attorney General's Chambers, unchanged
A person is not liable to any criminal proceedings by reason only that he has failed to observe any approved code of practice.
approved code of practice
“approved code of practice” means any code of practice issued or approved under section 39;
In any proceedings for any offence under this Act, an approved code of practice that is relevant to any matter which it is necessary for the prosecution to prove in order to establish the commission of the offence shall be admissible in evidence in the proceedings.
Without affecting any other method of proof, in any proceedings for an offence under this Act —
the production of a document purporting to be a copy of a notice published by the Authority under section 39(3)(a) shall be taken to be such a notice until the contrary is proved; and
the production of a code of practice, or an amendment or a revocation of a code of practice, purporting to be the subject of a notice under section 39(3)(a) shall be taken to be the subject of that notice until the contrary is proved.
In determining for the purpose of any provision of this Act as to whether any machinery, equipment, plant, installation or article is of good construction, sound material, adequate strength or in accordance with the generally accepted principles of safe and sound practice, regard shall be had to any relevant standards, codes of practice or guidance acceptable to the
machinery
“machinery” includes — (a) any oil engine, gas engine, steam engine and any other machine in which mechanical movement, either linear, rotated or both, takes place; (b) any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver; (c) any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and (d) any electrical generator or electrical motor, but does not include any machinery used solely for the propulsion of vehicles;
Authority.
Workplace Safety and Health
Terms defined in s 4
approved code of practice
Defined · s 4“approved code of practice” means any code of practice issued or approved under section 39;
machinery
Defined · s 4“machinery” includes — (a) any oil engine, gas engine, steam engine and any other machine in which mechanical movement, either linear, rotated or both, takes place; (b) any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver; (c) any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and (d) any electrical generator or electrical motor, but does not include any machinery used solely for the propulsion of vehicles;
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