(1) A person who supplies plant or a substance who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace (whether by the person to whom it is supplied or anyone else) must—
(a) ensure, so far as is reasonably practicable, that it is safe and without risks to health if it is used for a purpose for which it was designed, manufactured or supplied; and
(b) give adequate information to each person to whom the supplier supplies the plant or substance concerning—
(i) the purpose or purposes for which the plant or substance was designed, manufactured or supplied; and
(ii) 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 designed, manufactured or supplied; and
(c) 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) For the purposes of subsection (1), if the person who supplies the plant or substance—
(a) carries on the business of financing the acquisition of plant or a substance by customers; 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 a customer from a third person or its provision to a customer by a third person; and
(c) has not taken possession of the plant or substance or has taken possession of it solely for the purpose of passing possession to that customer—
the reference in subsection (1) to the person who supplies that plant or substance is instead taken to be a reference to the third person.
(3) An offence against subsection (1) is an indictable offence.
Note to s. 30(3) amended by No. 68/2009 s. 97(Sch. item 90.9).
However, the offence may be heard and determined summarily (see section 28 of
the Criminal Procedure Act 2009 ).