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Work Health and Safety Regulations 2011
199Supply of second‑hand plant—duties of supplier
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199 Supply of second‑hand plant—duties of supplier
(1) A supplier of second‑hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
(2) A supplier of second‑hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice:
(a) of the condition of the plant; and
(b) of any faults identified under subregulation (1); and
(c) if appropriate, that the plant should not be used until the faults are rectified.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
(3) This regulation does not apply to plant to be used for scrap or spare parts.