197Control of risk

197 Control of risk

An importer of plant must –

(a) ensure that the plant is inspected having regard to the information provided by the manufacturer; and

(b) if the information provided by the manufacturer requires the plant to be tested, ensure that the plant is tested in accordance with that information; and

(c) if any hazards are identified –

(i) ensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable; and

(ii) if it is not reasonably practicable to eliminate the risks, inform the person to whom the plant is supplied about the risks; and

(d) take all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.