Northern Territory Numbered Regulations

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 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.

Maximum penalty:

(a)     in the case of an individual – $6 000.

(b)     in the case of a body corporate – $30 000.

Note for subregulation (1)

Strict liability applies to each physical element of this offence. See section 12B of the Act.

    (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.

Maximum penalty:

(a)     in the case of an individual – $6 000.

(b)     in the case of a body corporate – $30 000.

Note for subregulation (2)

Strict liability applies to each physical element of this offence. See section 12B of the Act.

    (3)     This regulation does not apply to plant to be used for scrap or spare parts.



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