Document ID: chunk:federal_register_of_legislation:C2011A00146:clause:2_5
Version: federal_register_of_legislation:C2011A00146
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 11441–13411

5  Duties of suppliers
(1) Subject to this item, the duties imposed on a supplier under section 25 of the WHS Act do not apply in relation to any plant, substance or structure if the supplier started (or started and completed) any process associated with the supply of the plant, substance or structure before the commencing day.
(2) Despite the repeal of the OHS Act, the duties imposed under subsection 19(1) of the OHS Act:
 (a) on a supplier; or
 (b) on a person who, because of subsection 19(2) of the OHS Act, is taken to be a supplier;
apply to and in relation to any plant or substance if any process associated with the supply of the plant or substance was started (or started and completed) before the commencing day.
(3) If a duty under the OHS Act applies because of subitem (2), the OHS Act applies in relation to a breach, or alleged breach, of that duty, despite the repeal of that Act.
(4) If a supplier started any process associated with the supply of any plant, substance or structure before the commencing day but has not completed the supply by the first anniversary of the commencing day, then:
 (a) the supplier will, in relation to the plant, substance or structure, cease to have the benefit of subitem (1); and
 (b) the supplier must comply with the requirements of the WHS Act in relation to the duties of a supplier.
(5) If a supplier carries out any calculations, analysis, testing or examination that may be relevant to determining whether any plant, substance or structure that is supplied is without risks to the health and safety of persons mentioned in paragraphs 25(2)(a) to (f) of the WHS Act, or ensures that they have been carried out, then, despite subitem (1):
 (a) the duty imposed on the supplier under paragraph 25(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 25(5) of the WHS Act applies to the supplier.