South Australian Current Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 732

732—Duties of manufacturers

        (1)         Subject to this regulation, the duties imposed on a manufacturer under regulation 59, 61, 64, Division 3 of Chapter 5 Part 1 or regulation 231 of these regulations do not apply to or in relation to the manufacture of any plant, substance or structure (including 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.

        (2)         If—

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

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

            (d)         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 revoked regulations were still in operation.

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



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