Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:199
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 199
Character Range: 296171–297285

199  Supply of second‑hand plant—duties of supplier
 (1) A supplier of second‑hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.
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.
 (2) A supplier of second‑hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice:
 (a) of the condition of the plant; and
 (b) of any faults identified under subregulation (1); and
 (c) if appropriate, that the plant should not be used until the faults are rectified.
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.
 (3) This regulation does not apply to plant to be used for scrap or spare parts.