Work Health and Safety Act 2012

Subject to this clause, the duties imposed on a manufacturer under section 23 of this Act do not apply to or in relation to the manufacture 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 manufacturer commenced (or commenced and completed) any process associated with the manufacturing of the plant, substance or structure before the relevant day.

If—

subclause (1) applies in relation to the manufacture of any particular plant, substance or structure; and

the manufacturer would be subject to the operation of section 24 of the repealed Act if that section were still in operation, then—

the manufacturer must comply with the relevant requirements of that section as if the repealed Act were in operation; and

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(c), then action may be brought against the manufacturer (including by the undertaking of a prosecution) as if the repealed Act were still in operation.

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

Despite a preceding subclause, if—

a manufacturer carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the repealed Act (as taken to be in operation under subclause (2)(d));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 manufacturer would, if the calculations, analysis, testing or examination were carried out under this Act, be subject to a requirement set out in section 23(4)(b) or (5) of this