Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies to a person in control of—
(a) the import or supply of plant, or a structure, that is used, is to be used or could reasonably be expected to be used, at work or at a workplace; or
(b) the import or supply of a structure that is, is to be or could reasonably be expected to be, a workplace.
Note Person in control —see s 13.
(2) The person has a duty to ensure work safety in relation to the plant or structure by managing risk.
(3) Without limiting subsection (2), the person's duty includes—
(a) supplying the thing safely and without risk to health when used in the way it is intended to be used; and
(b) if the person imports the thing—before supplying the thing to someone else, ensuring that—
(i) the person in control of the design of the thing has complied with section 24; and
(ii) the person in control of the manufacture of the thing has complied with section 25; and
(c) giving the following to a person intending to use the thing, or whose work safety may be affected by the use of the thing:
(i) information about the intended use of the thing;
(ii) the conditions necessary for the thing to be used safely;
(iii) information about how to maintain the thing to ensure the thing remains safe to use.
(4) For this section, a person is not in control of the supply of a thing if the person—
(a) carries on the business of financing the buying or use of things by other people; and
(b) has, in the business, acquired an interest in the thing only to finance its acquisition by someone else from another person or its provision to someone else by another person; and
(c) has not taken possession of the thing, or has taken possession of the thing only to pass possession to the other person; and
(d) supplies the thing to the other person.
(5) In this section, a person also supplies a structure if the person owns the structure or is in control of the structure.