Page:Workplace Safety and Health Act 2006.pdf/43

Rh :(c) ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available—
 * (i) for inspection by members of the public free of charge; and
 * (ii) for purchase by members of the public at a reasonable price.

(4) No code of practice, no amendment to an approved code of practice, and no revocation of any such approved code of practice, shall have any force or effect as an approved code of practice until the notice relating thereto is published in accordance with subsection (3).

(5) An approved code of practice that is also either a code of practice issued or approved under another written law or a document prepared by a person other than the Commissioner shall consist of the contents of that code or document as that code of document existed on the date it was issued or approved as an approved code of practice under this section.

(6) If any provision of any approved code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency—
 * (a) shall have effect subject to the provisions of this Act; or
 * (b) having regard to the provisions of this Act, shall not have effect.

(7) Any approved code of practice shall not have legislative effect.

Use of approved codes of practice in criminal proceedings

40.—(1) A person shall not be liable to any criminal proceedings by reason only that he has failed to observe any approved code of practice.

(2) In any proceedings for an 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.

(3) Without affecting any other method of proof, in any proceedings for an offence under this Act—
 * (a) the production of a document purporting to be a copy of a notice published by the Commissioner under section 39(3)(a) shall be taken to be such a notice until the contrary is proved; and
 * (b) 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