Where the Work Health and Safety Regulations 2012 impose a new or significantly modified duty, a transitional period is provided to allow duty holders time to comply. There are a number of transitional provisions that relate to plant.
Where the process of designing, manufacturing, supplying, constructing and importing different types of plant or structure has begun but not been completed prior to the commencement of the WHS Act, the duties contained in the OHSW Act that relate to design, installation and construction, will continue to apply for two years. For manufacture, importation and supply the duties contained in the OHSW Act (section 24) continue to apply for one year. After this period, the duties under the WHS Act will apply.
In addition any previously approved design (including an amusement structure) is recognised unless there is a change to the design.
Any plant registration (including an amusement structure) is recognised until the licence has expired or for a further 12 months, whichever occurs first.