Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_12:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 12 (pt 1/2)
Character Range: 2206416–2208975

12  Duties of manufacturers in relation to plant and substances

Duties of manufacturer of plant
 (1) A manufacturer of any plant that the manufacturer ought reasonably to expect will be used by members of the workforce at a facility must take all reasonably practicable steps:
 (a) to ensure that the plant is so designed and constructed as to be, when properly used, safe and without risk to health; and
 (b) to carry out, or cause to be carried out, the research, testing and examination necessary in order to discover, and to eliminate or minimise, any risk to health and safety that may arise from the use of the plant; and
 (c) to make available, in connection with the use of the plant at a facility, adequate written information about:
 (i) the use for which it is designed and has been tested; and
 (ii) details of its design and construction; and
 (iii) any conditions necessary to ensure that, when put to the use for which it was designed and tested, it will be safe and without risk to health.
Note 1: See also clause 16.
Note 2: Breach of a requirement under this subclause is an offence: see Division 1A.

Duties of manufacturer of substance
 (2) A manufacturer of any substance that the manufacturer ought reasonably to expect will be used by members of the workforce at a facility must take all reasonably practicable steps:
 (a) to ensure that the substance is so manufactured as to be, when properly used, safe and without risk to health; and
 (b) to carry out, or cause to be carried out, the research, testing and examination necessary to discover, and to eliminate or minimise, any risk to health and safety that may arise from the use of the substance; and
 (c) to make available, in connection with the use of the substance at a facility, adequate written information concerning:
 (i) the use for which it is manufactured and has been tested; and
 (ii) details of its composition; and
 (iii) any conditions necessary to ensure that, when put to the use for which it was manufactured and tested, it will be safe and without risk to health; and
 (iv) the first aid and medical procedures that should be followed if the substance causes injury.
Note 1: See also clause 16.
Note 2: Breach of a requirement under this subclause is an offence: see Division 1A.

Importer deemed to be manufacturer
 (4) For the purposes of this clause, if:
 (a) plant or a substance is imported into Australia by a person who is not its manufacturer; and
 (b) at the time of the importation, the manufacturer of the plant or substance does not have a place of