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In force2020 Revised Edition

Part 10 · Offences, Penalties and Proceedings

47. Onus of proving what is reasonably practicable

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Where in any proceedings for an offence under any provision in this Act, it is alleged that any person failed to comply with a duty to do something so far as is reasonably practicable, it is 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.

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