Victorian Consolidated Regulations

8 Reg. 9.2.1: S.R. No. 127/2000 as amended by S.R. No. 96/2005. - SECT 3.5.17.

Information to be obtained and provided

3.5.17. Information to be obtained and provided



(1) A supplier of plant must-

   (a)  in the case of new plant-

   (i)  take all reasonable steps to obtain the information required to be
        provided to the supplier by a manufacturer under sections 29(1)(c)(i)
        and 29(1)(c)(iii) of the Act and regulation 3.5.13; and

   (ii) ensure that the person to whom the plant is supplied is provided with
        information provided to the supplier under sections 29(1)(c)(i) and
        29(1)(c)(iii) of the Act and regulation 3.5.13 when the plant is
        supplied; and

   (b)  in the case of used plant, ensure that the person to whom the plant is
        supplied is provided, at the time the plant is supplied, with-

   (i)  any information referred to in paragraph (a) that is in the possession
        of the supplier relating to safe use of the plant; and

   (ii) any record kept by the previous owner of the plant required under this
        Part that is in the possession of the supplier. Note Act
        compliance-section 30 (see regulation 1.1.7).

(2) If-

   (a)  in the case of new plant, a supplier of plant is unable to obtain the
        information required under subregulation (1)(a) to be provided to the
        person to whom plant is supplied; or

   (b)  in the case of used plant, a supplier of plant is not in possession of
        any information required under subregulation (1)(b) to be provided to
        the person to whom plant is supplied-

the supplier must advise the person to whom the plant is supplied, in writing,
that the plant is being supplied without the information required by those
provisions and that the plant should not be used as plant without that
information. Note Act compliance-section 30 (see regulation 1.1.7).

(3) Subregulations (1) and (2) do not apply to a supplier of plant who
supplies plant under a hire purchase agreement or hire purchase contract.

(4) A supplier of plant that is to be used as scrap material must, when
supplying that plant to a person, advise the person in writing that the plant
is intended for use as scrap material.

Note Act compliance-section 30 (see regulation 1.1.7).