Australia Model Code of Practice: Managing the Risks of Plant in the Workplace 3.1b: 3.1 Meet supplier duties for second-hand plant and scrap (rr 198 to 200)

Suppliers' duties apply whether plant is new, second-hand or hired. A supplier must take reasonable steps to obtain the information the manufacturer must provide and give it to the person supplied (r 198). A supplier of second-hand plant must ensure so far as reasonably practicable that faults are identified, give written notice before supply of the plant's condition and any identified faults and, where appropriate, that it should not be used until faults are fixed (r 199), and must take reasonable steps to obtain information on correct and safe use and give the buyer that information and all available previous owner records, which may include data sheets, test certificates, manuals and reports. Second-hand plant is more likely to lack safety features, so the supplier considers whether retrofit or modification is reasonably practicable. Plant sold for scrap or spare parts must be supplied with written notice or marking that it is for scrap or parts only and cannot be used safely in its current form (r 200). Agents such as auctioneers without possession or authority over the supply are not suppliers.