Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 29

Duties of manufacturers of plant or substances

29. Duties of manufacturers of plant or substances



(1) A person who manufactures plant or a substance who knows, or ought
reasonably to know, that the plant or substance is to be used at a workplace
must-

   (a)  ensure, so far as is reasonably practicable, that it is manufactured
        to be safe and without risks to health if it is used for a purpose for
        which it was manufactured; and



   (b)  carry out, or arrange the carrying out, of such testing and
        examination as may be necessary for the performance of the duty
        imposed by paragraph (a); and

   (c)  give adequate information to each person to whom the manufacturer
        provides the plant or substance concerning-

   (i)  the purpose or purposes for which the plant or substance was
        manufactured; and

   (ii) the results of any testing or examination referred to in paragraph
        (b); and

   (iii) any conditions necessary to ensure that the plant or substance is
        safe and without risks to health if it is used for a purpose for which
        it was manufactured; and

   (d)  on request, give such information to a person who uses or is to use
        the plant or substance.

Penalty: 1800 penalty units for a natural person; 9000 penalty units for a
body corporate.

(2) An offence against subsection (1) is an indictable offence.

Note However, the offence may be heard and determined summarily (see
section 28 of the Criminal Procedure Act 2009).