South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 731

731—Duties of designers

        (1)         Subject to this regulation, the duties imposed on a designer under regulation 59, 61 or 64, Division 2 of Chapter 5 Part 1, Division 2 of Chapter 5 Part 2 or regulation 295 of these regulations do not apply to or in relation to the designing of any plant, substance or structure (including 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.

        (2)         If—

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

            (b)         the designer would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (1),

then—

            (c)         the designer must comply with the relevant requirements of those provisions as if the revoked regulations were still in operation; and

            (d)         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 revoked regulations were still in operation.

        (3)         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 subregulation (1) and the designer must comply with the requirements of these regulations in relation to the duties of a designer (as if these regulations had been in operation at the time that the designer commenced designing).