Victorian Current Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 29

    (1)     A person who manufactures plant or a substance who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace must—

        (a)     ensure, so far as is reasonably practicable, that it is manufactured to be safe and without risks to health if it is used for a purpose for which it was manufactured; and

        (b)     carry out, or arrange the carrying out, of such testing and examination as may be necessary for the performance of the duty imposed by paragraph (a); and

        (c)     give adequate information to each person to whom the manufacturer provides the plant or substance concerning—

              (i)     the purpose or purposes for which the plant or substance was manufactured; and

              (ii)     the results of any testing or examination referred to in paragraph (b); and

              (iii)     any conditions necessary to ensure that the plant or substance is safe and without risks to health if it is used for a purpose for which it was manufactured; and

        (d)     on request, give such information to a person who uses or is to use the plant or substance.

Penalty:     1800 penalty units for a natural person;

9000 penalty units for a body corporate.

    (2)     An offence against subsection (1) is an indictable offence.

Note to s. 29(2) amended by No. 68/2009 s. 97(Sch. item 90.8).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).