Commonwealth Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY (SAFETY STANDARDS) REGULATIONS 1994 - REG 4.07

         (1)   If a supplier of plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, identifies a risk to health and safety arising from the use of the plant, the supplier must take all reasonably practicable steps to ensure that, at the time of supply:

                (a)    the risk to health and safety arising from the use of the plant is eliminated; or

               (b)    if it is not reasonably practicable to eliminate the risk -- the risk to health and safety from the use of the plant is minimised in accordance with Division 7.

Penalty:   10 penalty units.

      (1A)   Strict liability applies to the physical element in paragraph (1) (b) that the risk is minimised in accordance with Division 7.

Note    For strict liability , see section 6.1 of the Criminal Code .

         (2)   A supplier of plant that is intended to be used at work for scrap or spare parts must, before supplying the plant, tell the employer, in writing or by marking the plant:

                (a)    the purposes for which the plant may be safely used; and

               (b)    that the plant must not be placed in service in the form in which it is supplied.

Penalty:   10 penalty units.

      (2A)   It is a defence to a prosecution for an offence against subregulation (2) if the supplier complied with the subregulation as far as reasonably practicable.

Note    A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2A) (see section 13.3 of the Criminal Code ).