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Occupational Health and Safety Act 2004
170Things done under the old Act
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170 Things done under the old Act
(a) a licence or certificate issued; or
(b) a registration or notification effected; or
(c) an exemption granted; or
(d) any other thing done—
under or for the purposes of the old Act or the regulations under the old Act, that has effect immediately before the commencement of Part 1 of this Act.
(2) If, on that commencement, there is a provision in this Act or the regulations that requires or allows a corresponding thing to be done, the thing—
(a) is taken to have been done, on and after that commencement, under or for the purposes of that provision; and
(b) is subject to any limitations or conditions that applied immediately before that commencement.
(3) This section has effect subject to anything to the contrary in this Division or this Act.
171 Proceedings for offences against old Act
Division 1 of Part 11 applies to proceedings for an offence against the old Act that are commenced on or after the commencement of this Part.
172 Continuation of certain regulations
(1) Despite section 5 of the **Subordinate Legislation Act 1994**, the regulations made under the old Act that are listed in the table, as in force immediately before the commencement of this Part, continue on and after that commencement as though they had been made under this Act until the earlier of—
| *Item* | *Title* | *Statutory rule number* |
| --- | --- | --- |
| 1. | Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 | 108/1994 |
| 2. | Occupational Health and Safety (Confined Spaces) Regulations 1996 | 148/1996 |
| 3. | Occupational Health and Safety (Hazardous Substances) Regulations 1999 | 143/1999 |
| 4. | Occupational Health and Safety (Issue Resolution) Regulations 1999 | 94/1999 |
| 5. | Occupational Health and Safety (Lead) Regulations 2000 | 62/2000 |
| 6. | Occupational Health and Safety (Manual Handling) Regulations 1999 | 84/1999 |
| 7. | Occupational Health and Safety (Mines) Regulations 2002 | 104/2002 |
| 8. | Occupational Health and Safety (Noise) Regulations 2004 | 10/2004 |
| 9. | Occupational Health and Safety (Plant) Regulations 1995 | 81/1995 |
| 10. | Occupational Health and Safety (Prevention of Falls) Regulations 2003 | 121/2003 |
(2) Section 5 of the **Subordinate Legislation Act 1994** does not apply to the Occupational Health and Safety (Plant) Regulations 1995.
This subsection commences on the day after the day on which this Act receives the Royal Assent (see section 3). These Regulations would otherwise have been revoked by section 5 of the **Subordinate Legislation Act 1994** on 27 June 2005.