Document ID: chunk:federal_register_of_legislation:C2011A00146:clause:2_2
Version: federal_register_of_legislation:C2011A00146
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 6245–7533

2  Duties of designers
(1) Subject to this item, the duties imposed on a designer under section 22 of the WHS Act do not apply in relation to any plant, substance or structure if the designer started (or started and completed) designing the plant, substance or structure before the commencing day.
(2) If a designer started designing any plant, substance or structure before the commencing day but has not completed the design by the second anniversary of the commencing day, then:
 (a) the designer will, in relation to the plant, substance or structure, cease to have the benefit of subitem (1); and
 (b) the designer must comply with the requirements of the WHS Act in relation to the duties of a designer.
(3) If a designer carries out any calculations, analysis, testing or examination that may be relevant to determining whether any plant, substance or structure is designed to be without risks to the health and safety of persons mentioned in paragraphs 22(2)(a) to (f) of the WHS Act then, despite subitem (1):
 (a) the duty imposed on the designer under paragraph 22(4)(b) of the WHS Act applies to the results of the calculations, analysis, testing or examination; and
 (b) to the extent that it relates to the results, subsection 22(5) of the WHS Act applies to the designer.