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DraftAs enacted

Part X · 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 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.

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