Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 199

  (1)   A supplier of second - hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   A supplier of second - hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice:

  (a)   of the condition of the plant; and

  (b)   of any faults identified under subregulation   (1); and

  (c)   if appropriate, that the plant should not be used until the faults are rectified.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (3)   This regulation does not apply to plant to be used for scrap or spare parts.