Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 30

Duties of suppliers of plant or substances

30. Duties of suppliers of plant or substances



(1) A person who supplies plant or a substance who knows, or ought reasonably
to know, that the plant or substance is to be used at a workplace (whether by
the person to whom it is supplied or anyone else) must-

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

   (b)  give adequate information to each person to whom the supplier supplies
        the plant or substance concerning-

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

   (ii) 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 designed, manufactured or supplied; and

   (c)  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) For the purposes of subsection (1), if the person who supplies the plant
or substance-

   (a)  carries on the business of financing the acquisition of plant or a
        substance by customers; and

   (b)  has, in the course of that business, acquired an interest in the plant
        or substance solely for the purpose of financing its acquisition by a
        customer from a third person or its provision to a customer by a third
        person; and

   (c)  has not taken possession of the plant or substance or has taken
        possession of it solely for the purpose of passing possession to that
        customer-

the reference in subsection (1) to the person who supplies that plant or
substance is instead taken to be a reference to the third person.

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

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).