Document ID: chunk:federal_register_of_legislation:C2011A00146:clause:2_3
Version: federal_register_of_legislation:C2011A00146
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 7533–9443

3  Duties of manufacturers
(1) Subject to this item, the duties imposed on a manufacturer under section 23 of the WHS Act do not apply in relation to any plant, substance or structure if the manufacturer started (or started and completed) any process associated with the manufacture of the plant, substance or structure before the commencing day.
(2) Despite the repeal of the OHS Act, the duties imposed on a manufacturer under subsections 18(1) and (2) of the OHS Act apply to and in relation to any plant or substance if the manufacturer started (or started and completed) any process associated with the manufacture of the plant or substance 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 manufacturer started any process associated with the manufacture of any plant, substance or structure before the commencing day but has not completed the manufacture by the first anniversary of the commencing day, then:
 (a) the manufacturer will, in relation to the plant, substance or structure, cease to have the benefit of subitem (1); and
 (b) the manufacturer must comply with the requirements of the WHS Act in relation to the duties of a manufacturer.
(5) If a manufacturer carries out any calculations, analysis, testing or examination that may be relevant to determining whether any plant, substance or structure is manufactured to be without risks to the health and safety of persons mentioned in paragraphs 23(2)(a) to (f) of the WHS Act then, despite subitem (1):
 (a) the duty imposed on the manufacturer under paragraph 23(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 23(5) of the WHS Act applies to the manufacturer.