Document ID: chunk:federal_register_of_legislation:F2016L00422:body:0:p14
Version: federal_register_of_legislation:F2016L00422
Segment Type: other
Provision Reference: 
Character Range: 33213–36009

plant
    * control measures needed to minimise these hazards and risks
    * the manufacturer's recommendations in relation to the frequency and type of inspection and maintenance needed
    * any special skills required for people who operate the plant or carry out inspection and maintenance
    * any special conditions or equipment required to protect the health and safety of people carrying out activities such as installation, operation and maintenance, and
    * any alterations or modifications to be made to the plant.
You should check whether the plant includes some or all of the following characteristics:
    * contact with or access to dangerous parts is prevented, for example by using guards and protective structures
    * it is of sturdy construction and has tamper-proof design
    * there are no obstructions to the plant operator
    * it has fail safe operation
    * it is easy to inspect and maintain
    * it does not introduce other hazards (for example manual handling problems or excessive noise) into your workplace, and
    * it incorporates measures to minimise risks during use (for example low noise).

Purchasing second-hand plant

Second-hand plant

Regulation 198: A supplier of plant must:

    * take all reasonable steps to obtain the information required to be provided by the manufacturer under section 23(4)(a) and (c) of the Act and these Regulations, and
    * when the plant is supplied, ensure the person to whom the plant is supplied is given the information obtained by the supplier.

Regulation 199: A supplier of second-hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.

Before plant is supplied, the supplier of second-hand plant must ensure that the person to whom the plant is supplied is given written notice of:

    * the condition of the plant
    * any faults identified, and
    * if appropriate, that the plant should not be used until the faults are rectified.

Regulation 8: A supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply, for example an auctioneer without possession of the thing or a real estate agent acting in their capacity as a real estate agent.

Suppliers' duties apply whether the plant is new, second-hand or hired out.

Some examples of suppliers include a person conducting a business or undertaking who:

    * sells second-hand plant at a retail outlet or directly sells their own second-hand plant
    * imports second hand plant for on-sale, and
    * auctions second-hand plant, excepting certain clearing sales (see below).
Suppliers' duties apply to suppliers that know, or should know, the plant is to be used in
a workplace.

Suppliers' duties