Australian Capital Territory Repealed Acts

This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 1989 (REPEALED) - SECT 43

    (1)     A supplier of any plant or substance that the supplier ought reasonably to expect will be used by employees at work shall take all reasonably practicable steps—

        (a)     to ensure that, at the time of supply, the plant or substance is in such condition as to be, when properly used, safe for employees and without risk to their health; and

        (b)     to carry out, or cause to be carried out, the research, testing or examination necessary to discover, and to eliminate or minimise, any risk to the health or safety of employees that may arise from the condition of the plant or substance; and

        (c)     to make available to an employer, in connection with the use of the plant or substance by employees at work, adequate information about—

              (i)     the condition of the plant or substance at the time of the supply; and

              (ii)     any risk to the health and safety of employees to which the condition of the plant or substance may give rise unless it is properly used; and

              (iii)     the steps that need to be taken to eliminate such a risk; and

              (iv)     for plant—the proper maintenance of the plant; and

              (v)     for a substance—the first-aid and medical procedures that should be followed in the event of the substance causing injury to an employee.

    (2)     For subsection (1), if a person (the ostensible supplier ) supplies to an employer any plant or substance that is to be used by employees at work 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 plant or substance solely for the purpose of financing its acquisition by the employer from a third person or its provision to the employer by a third person; and

        (c)     has not taken possession of the plant or substance or has taken possession of the plant or substance solely for the purpose of passing possession of the plant or substance to that employer;

the reference in subsection (1) to a supplier is, in relation to the plant or substance referred to in this subsection, a reference to the third person and not a reference to the other ostensible supplier.