Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_13:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 13 (pt 1/2)
Character Range: 2209407–2211959

13  Duties of suppliers of facilities, plant and substances

Duties of supplier
 (1) A supplier of a facility, or of any plant or substance that the supplier 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, at the time of supply, the facility, or the plant or substance, is in such condition 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 or safety that may arise from the condition of the facility, plant or substance; and
 (c) to make available:
 (i) in the case of a facility—to the operator of a facility; and
 (ii) in the case of plant or substance—to the person to whom the plant or substance is supplied;
  adequate written information, in connection with the use of the facility, plant or substance, as the case requires, about:
 (iii) the condition of the facility, plant or substance at the time of supply; and
 (iv) any risk to the health and safety of members of the workforce at the facility to which the condition of the facility, plant or substance may give rise unless it is properly used; and
 (v) the steps that need to be taken in order to eliminate such risk; and
 (vi) in the case of a substance—the first aid and medical procedures that should be followed if the condition of the substance causes injury to a member of the workforce at the facility.
Note 1: See also clause 16.
Note 2: Breach of a requirement under this subclause is an offence: see Division 1A.

Financing arrangements
 (3) For the purposes of subclause (1), if a person (the ostensible supplier) supplies to a person either a facility, or any plant or substance that is to be used by members of the workforce at a facility, and the ostensible supplier:
 (a) carries on the business of financing the acquisition or the use of goods by other persons; and
 (b) has, in the course of that business, acquired an interest in the facility, or in the plant or substance, from another person (the actual supplier), solely for the purpose of financing its acquisition by, or its provision to, the person to whom it is finally supplied; and
 (c) has not taken possession of the facility, plant or substance, or has taken possession of the facility, plant or substance solely for the purpose of passing possession of the facility, plant or substance to the person to whom it is finally supplied;
a