Australian Capital Territory Current Acts

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DANGEROUS SUBSTANCES ACT 2004 - SECT 96

Compliance agreement not admission of fault etc

    (1)     This section applies if a responsible person for a dangerous substance enters into a compliance agreement in relation to a contravention of this Act.

    (2)     Entering into the compliance agreement—

        (a)     is not an express or implied admission of fault or liability by the responsible person in relation to the contravention; and

        (b)     is not relevant to deciding fault or liability in relation to the contravention.

    (3)     Also, evidence of the existence or contents of the compliance agreement is not—

        (a)     admissible in a civil proceeding as evidence of the fault or liability of a person in relation to the contravention; or

        (b)     admissible in a criminal proceeding in relation to the contravention; or

        (c)     relevant to the taking of action under part 4.4 (Disciplinary action) in relation to the contravention.

Note     This section does not prevent the issue of an improvement notice or prohibition notice in relation to the relevant contravention (see Legislation Act

, s 44 and s 197).



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