South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 734

734—Duties of suppliers

        (1)         Subject to this regulation, the duties imposed on a supplier under regulation 59, 61, 64, Division 5 of Chapter 5 Part 1 or 233 of these regulations do not apply to or in relation to the supply of any plant, substance or structure (including 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.

        (2)         If—

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

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

            (d)         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 revoked regulations were still in operation.

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