Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:197
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 197
Character Range: 294381–295499

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, advise the person to whom the plant is supplied of 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.
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.
Penalty: The tier E monetary penalty.

Division 5—Duties of persons conducting businesses or undertakings that supply plant