Document ID: chunk:federal_register_of_legislation:F2016L00422:body:0:p16
Version: federal_register_of_legislation:F2016L00422
Segment Type: other
Provision Reference: 
Character Range: 38302–40962

of second-hand plant
Adequate information must be given to the buyer about the purpose for which the plant was designed or manufactured and any conditions necessary to ensure its safe use.

Apart from the manufacturer or original supplier—information about using second-hand plant safely, including its condition, may be obtained from:

    * the previous owner of the plant, or
    * a 'competent person' engaged to assess the plant and develop this information.
Without this kind of information, suppliers of second-hand plant have no way of knowing whether they have met their suppliers' duties under the Act.

Suppliers' duties and agents or auctioneers selling used agricultural plant at clearing sales
Supplies' duties apply to sellers' agents like auctioneers, unless the agent does not take control of the supply and has no authority to make decisions about the supply.

Agents selling used agricultural plant at clearing sales do not take possession of the plant, have little or no control of the supply and are not considered to be suppliers.

In these limited circumstances the suppliers' duties will only apply to the seller—not their agent.

Supplying scrap and spare parts
Plant sold for scrap or spare parts are not intended to be used at a workplace so does not need to be made safe or supplied with instructions for use.

However the supplier must tell prospective buyers that the plant is being supplied for scrap or spare parts only and that it cannot be used safely in its current form for any other purpose.

This should be done in writing or by marking the item of plant.

Hiring plant
When you hire plant, both you and the person you have hired it from must ensure, so far as is reasonably practicable, that the plant is safe to use. During the time that the plant is in your possession you will have control over the way the plant is used in the workplace.
Before you hire the plant you should assess whether the plant is suitable for its intended use. You should also check that the plant has been inspected and maintained by the supplier according to the manufacturer's specifications. This may involve checking the log book or maintenance manual. You should also ensure that the supplier provides you with the manufacturer's information about the purpose of the plant and its proper use.
Any person who hires or leases plant to others will have duties as a supplier of plant and as
a person with management or control of plant. This means that they must ensure, so far as is reasonably practicable, that the plant is safe to use and properly maintained. They must also provide specific information with the plant about how to operate