Document ID: chunk:federal_register_of_legislation:C2011A00146:clause:2_6
Version: federal_register_of_legislation:C2011A00146
Segment Type: clause
Provision Reference: sch 2 cl 6
Character Range: 13411–15062

6  Duties of persons who install, construct or commission plant or structures
(1) In this item:
OHS installer means a person who erects or installs plant.
WHS installer means a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure.
(2) Subject to this item, the duties imposed on a WHS installer under section 26 of the WHS Act do not apply in relation to any plant or structure if the WHS installer started (or started and completed) any process associated with the installation, construction or commissioning of the plant or structure before the commencing day.
(3) Despite the repeal of the OHS Act, the duties imposed on an OHS installer under subsection 20(1) of the OHS Act apply to and in relation to any plant if the OHS installer started (or started and completed) any process associated with the installation or erection of the plant before the commencing day.
(4) If a duty under the OHS Act applies because of subitem (3), the OHS Act applies in relation to a breach, or alleged breach, of that duty, despite the repeal of that Act.
(5) If a WHS installer started any process associated with the installation, construction or commissioning of any plant or structure before the commencing day but had not completed the installation, construction or commissioning by the second anniversary of the commencing day, then:
 (a) the WHS installer will, in relation to the plant or structure, cease to have the benefit of subitem (2); and
 (b) the WHS installer must comply with the requirements of the WHS Act in relation to the duties of a WHS installer.

Part 3—Notifiable incidents etc.