Work Health and Safety Act 2012

Subject to this clause, the duties imposed on a designer under section 22 of this Act do not apply to or in relation to the designing of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the designer commenced (or commenced and completed) designing the plant, substance or structure before the relevant day.

If—

subclause (1) applies in relation to a particular design; and

the designer would be subject to the operation of section 23A or 24 of the repealed Act if those sections were still in operation, then—

the designer must comply with the relevant requirements of those sections as if the repealed Act were still in operation; and

if the designer fails to comply with paragraph (c), then action may be brought against the designer (including by the undertaking of a prosecution) as if the repealed Act were still in operation.

If a designer commenced designing any plant, substance or structure before the relevant day but has not completed the design by the second anniversary of the relevant day, then the designer will, in relation to the design, cease to have the benefit of subclause (1) and the designer must comply with the requirements of this Act in relation to the duties of a designer (as if this Act had been in operation at the time that the designer commenced designing).

Despite a preceding subclause, if—

a designer carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the repealed Act (as taken to be in operation under subclause (2)(d));

the designer would, if the calculations, analysis, testing or examination were carried out under this Act, be subject to a requirement set out in section 22(4)(b) or (5) of this