South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 735

735—Duties of persons who install, construct or commission plant or structures

        (1)         In this regulation—

"designated person" means a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure.

        (2)         If—

            (a)         clause 17(2) of Schedule 6 of the Act applies in relation to the installation, construction or commissioning of any plant or structure; and

            (b)         a designated person would be subject to the operation of section 24 of the repealed Act if that section were still in operation,

then—

            (c)         the designated person must comply with the relevant requirements of that section as if the repealed Act were still in operation; and

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(c), action may be brought against the designated person (including by the undertaking of a prosecution) as if the repealed Act were still in operation.

        (3)         Subject to this regulation, the duties imposed on a designated person under Division 6 of Chapter 5 Part 1, regulation 234, 294 or 296 of these regulations do not apply to or in relation to the installation, construction or commissioning of any plant or structure if the designated person commenced (or commenced and completed) any process associated with the installation, construction or commissioning of the plant or structure before the relevant day.

        (4)         If—

            (a)         subregulation (3) applies in relation to the installation, construction or commissioning of any particular plant or structure; and

            (b)         the designated person 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 (3),

then—

            (c)         the designated person must comply with the relevant requirement of those provisions as if the revoked regulations were in operation; and

            (d)         if the designated person fails to comply with paragraph (c), then action may be brought against the person (including by the undertaking of a prosecution) as if the revoked regulations were still in operation.

        (5)         If a designated person commenced any process associated with the installation, construction or commissioning of any plant or structure before the relevant day but had not completed the installation, construction or commissioning by the second anniversary of the relevant day, then the designated person will, in relation to the installation, construction or commissioning of the plant or structure, cease to have the benefit of subregulation (3) and the designated person must comply with the requirements of these regulations in relation to the duties of a designated person (as if these regulations had been in operation at the time that the designated person commenced this process).