Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_16
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 16
Character Range: 2221796–2224306

16  Reliance on information supplied or results of research

Clause 9, 10 or 11
 (1) For the purpose of the application of clause 9, 10 or 11 to the use of plant or a substance, a person on whom an obligation is imposed under that clause is regarded as having taken such reasonably practicable steps as that clause requires, in relation to the use of the plant or substance, to the extent that:
 (a) the person ensured, so far as practicable, that its use was in accordance with the information supplied by the manufacturer or the supplier of the plant or substance relating to health and safety in its use; and
 (b) it was reasonable for the person to rely on that information.
 (2) Subclause (1) does not limit the generality of what constitutes reasonably practicable steps as required by clause 9, 10 or 11.

Clause 12 or 13
 (3) For the purpose of the application of clause 12 or 13 to carrying out research, testing and examining a facility, or any plant or substance, a person on whom an obligation is imposed under that clause is regarded as having taken such reasonably practicable steps as that clause requires, in relation to carrying out research, testing and examining the facility, plant or substance, to the extent that:
 (a) the research, testing or examination has already been carried out by or on behalf of someone else; and
 (b) it was reasonable for the person to rely on that research, testing or examination.
 (4) Subclause (3) does not limit the generality of what constitutes reasonably practicable steps as required by clause 12 or 13.

Clause 14
 (5) For the purpose of the application of clause 14 to the erection of a facility or the erection or installation of plant at a facility, a person on whom an obligation is imposed under that clause is regarded as having taken such reasonably practicable steps as that clause requires to the extent that:
 (a) the person ensured, so far as is reasonably practicable, that the erection of the facility, or the erection or installation of the plant, was:
 (i) in accordance with information supplied by the manufacturer or supplier of the facility or plant relating to its erection or its installation; and
 (ii) consistent with the health and safety of persons at the facility; and
 (b) it was reasonable for the person to rely on that information.
 (6) Subclause (5) does not limit the generality of what constitutes reasonably practicable steps as required by clause 14.

Division 1A—Occupational health and safety duties: enforcement