Queensland Consolidated Acts

WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 32B

(1) A supplier of new plant for use at a relevant place for the plant has an obligation--

(a) either--

(i) to examine and test the plant to ensure the plant is safe and without risk to health when used properly; or

(ii) to ensure the manufacturer of the plant has given an assurance that the plant has been examined and tested to ensure it is safe and without risk to health when used properly; and

(b) to ensure the plant is accompanied by information about the way the plant must be used to ensure health and safety.

(2) A supplier of used plant for use at a relevant place for the plant has an obligation--

(a) to take all reasonable steps to ensure the plant is safe and without risk to health when used properly; and

Example of reasonable steps a supplier of used plant might take--

A reasonable step for a supplier to take might be to examine and test the plant to establish that it will be safe and without risk to health when used properly.

(b) to ensure the plant is accompanied by information about the way the plant must be used to ensure health and safety, if the information is available.

(3) Also, a supplier of plant for use at a relevant place for the plant has an obligation to take the action the chief executive reasonably requires to prevent the use of unsafe plant anywhere.

(4) Despite subsections (1)(b) and (2)(b), if the supplier is supplying plant by hiring it to another person, the supplier is obliged only to have the information available at the point of hire.

(5) In this section--

supplier does not include a manufacturer when supplying, but does include an importer when supplying.