Work Health and Safety Act 2012

Subject to this clause, the duties imposed on a supplier under section 25 of this Act do not apply to or in relation to the supply 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 supplier commenced (or commenced and completed) any process associated with the supply of the plant, substance or structure before the relevant day.

If—

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

the supplier would be subject to the operation of section 24 of the repealed Act if that section were still in operation, then—

the supplier must comply with the relevant requirement of that section as if the repealed Act were in operation; and

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(c), then action may be brought against the supplier (including by the undertaking of a prosecution) as if the repealed Act were still in operation.

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

Despite a preceding subclause, if—

a supplier carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the repealed Act (as taken to be in operation under subclause (2)(d));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 supplier would, if the calculations, analysis, testing or examination were carried out under this Act, be subject to a requirement set out in section 25(4)(b) or (5) of this