26Duties of suppliers of services or equipment

26 Duties of suppliers of services or equipment

(1) A person who supplies, installs, maintains, repairs or modifies any thing and knows, or ought reasonably to know, that the thing is used, or is to be used, in the provision of commercial passenger vehicle services must—

(a) ensure, so far as is reasonably practicable, that the thing is safe when used for a purpose for which it was supplied, installed, maintained, repaired or modified; and

(b) carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section; and

(c) in the case of a thing to which paragraph (a) applies, take such action as is necessary to ensure that there will be available in connection with the use of the thing adequate information about—

(i) the use for which the thing was supplied, installed, maintained, repaired or modified; and

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

(iii) any conditions necessary to ensure the thing is safe when used for a purpose for which it was supplied, installed, maintained, repaired or modified.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(3) For the purposes of subsection (1), if the person who supplies the thing—

(a) carries on the business of financing the acquisition of the thing by customers; and

(b) has, in the course of that business, acquired an interest in the thing 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 thing or has taken possession of it solely for the purpose of passing possession to that customer—

the reference in that subsection to the person who supplies that thing is instead taken to be a reference to the third person.

(4) This section does not apply to a person who designs, commissions, constructs or manufactures a motor vehicle.

(5) In this section—

supplies includes designs, commissions, constructs or manufactures.

New s. 27 inserted by No. 63/2017 s. 18.