(1) The duties imposed on a manufacturer of plant under regulation 59 do not apply in relation to any plant if the manufacturer started (or started and completed) any process associated with the manufacture of the plant before 1 January 2012.
(2) Despite the repeal of the OHS Regulations, the duties imposed on a manufacturer under regulation 3.04 of the OHS Regulations apply to and in relation to any plant if the manufacturer started (or started and completed) any process associated with the manufacture of the plant before 1 January 2012.
(3) If a duty under the OHS Regulations applies because of subregulation (2), the OHS Act and the OHS Regulations apply in relation to a breach, or alleged breach, of that duty, despite the repeal of those Regulations.
(4) If a manufacturer started any process associated with the manufacture of any plant, substance or structure before 1 January 2012, but has not completed the manufacture by 1 January 2013, then:
(a) the manufacturer will, in relation to the plant, cease to have the benefit of subregulation (1); and
(b) the manufacturer must comply with the requirements of
regulation 59 in relation to the duties of a manufacturer.