Sch 6Transitional provisions

Schedule 6—Transitional provisions Part 9—Transitional provisions 12—Interpretation relevant day means the day on which this Part comes into operation; repealed Act means the Occupational Health, Safety and Welfare Act 1986. 13—Duties of designers (1) Subject to this clause, the duties imposed on a designer under section 22 of this Act do not apply to or in relation to the designing of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the designer commenced (or commenced and completed) designing the plant, substance or structure before the relevant day. (a) subclause (1) applies in relation to a particular design; and (b) the designer would be subject to the operation of section 23A or 24 of the repealed Act if those sections were still in operation, (c) the designer must comply with the relevant requirements of those sections as if the repealed Act were still in operation; and (d) if the designer fails to comply with paragraph (c), then action may be brought against the designer (including by the undertaking of a prosecution) as if the repealed Act were still in operation. (3) If a designer commenced designing any plant, substance or structure before the relevant day but has not completed the design by the second anniversary of the relevant day, then the designer will, in relation to the design, cease to have the benefit of subclause (1) and the designer must comply with the requirements of this Act in relation to the duties of a designer (as if this Act had been in operation at the time that the designer commenced designing). (a) a designer carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the repealed Act (as taken to be in operation under subclause (2)(d)); and (b) the designer would, if the calculations, analysis, testing or examination were carried out under this Act, be subject to a requirement set out in section 22(4)(b) or (5) of this Act, then the designer must comply with those requirements as if that section applied in relation to the plant, substance or structure. 14—Duties of manufacturers (1) Subject to this clause, the duties imposed on a manufacturer under section 23 of this Act do not apply to or in relation to the manufacture of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the manufacturer commenced (or commenced and completed) any process associated with the manufacturing of the plant, substance or structure before the relevant day. (a) subclause (1) applies in relation to the manufacture of any particular plant, substance or structure; and (b) the manufacturer would be subject to the operation of section 24 of the repealed Act if that section were still in operation, (c) the manufacturer must comply with the relevant requirements of that section as if the repealed Act were in operation; and (d) if the manufacturer fails to comply with paragraph (c), then action may be brought against the manufacturer (including by the undertaking of a prosecution) as if the repealed Act were still in operation. (3) If a manufacturer commenced any process associated with the manufacturing of any plant, substance or structure before the relevant day but has not completed the manufacturing by the first anniversary of the relevant day, then the manufacturer will, in relation to the manufacture of the plant, substance or structure, cease to have the benefit of subclause (1) and the manufacturer must comply with the requirements of the Act in relation to the duties of a manufacturer (as if this Act had been in operation at the time that the manufacturer commenced this process). (a) a manufacturer carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the repealed Act (as taken to be in operation under subclause (2)(d)); and (b) the manufacturer would, if the calculations, analysis, testing or examination were carried out under this Act, be subject to a requirement set out in section 23(4)(b) or (5) of this Act, then the manufacturer must comply with those requirements as if that section applied in relation to the plant, substance or structure. 15—Duties of importers (1) Subject to this clause, the duties imposed on an importer under section 24 of this Act do not apply to or in relation to the importing of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the importer commenced (or commenced and completed) any steps constituting the importation of the plant, substance or structure before the relevant day. (a) subclause (1) applies in relation to the importing of any particular plant, substance or structure; and (b) the importer would be subject to the operation of section 24 of the repealed Act if that section were still in operation, (c) the importer must comply with the relevant requirements of that section as if the repealed Act were in operation; and (d) if the importer fails to comply with paragraph (c), then action may be brought against the importer (including by the undertaking of a prosecution) as if the repealed Act were still in operation. (3) If an importer commenced any process associated with the importing of any plant, substance or structure before the relevant day but has not completed the importing by the first anniversary of the relevant day, then the importer will, in relation to the importing of the plant, substance or structure, cease to have the benefit of subclause (1) and the importer must comply with the requirements of the Act in relation to the duties of an importer (as if the Act had been in operation at the time that the importer commenced this process). (a) an importer carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the repealed Act (as taken to be in operation under subclause (2)(d)); and (b) the importer would, if the calculations, analysis, testing or examination were carried out under this Act, be subject to a requirement set out in section 24(4)(b) or (5) of this Act, then the importer must comply with those requirements as if that section applied in relation to the plant, substance or structure. 16—Duties of suppliers (1) Subject to this clause, the duties imposed on a supplier under section 25 of this Act do not apply to or in relation to the supply of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the supplier commenced (or commenced and completed) any process associated with the supply of the plant, substance or structure before the relevant day. (a) subclause (1) applies in relation to the supply of any particular plant, substance or structure; and (b) the supplier would be subject to the operation of section 24 of the repealed Act if that section were still in operation, (c) the supplier must comply with the relevant requirement of that section as if the repealed Act were in operation; and (d) if the supplier fails to comply with paragraph (c), then action may be brought against the supplier (including by the undertaking of a prosecution) as if the repealed Act were still in operation. (3) If a supplier commenced any process associated with the supply of any plant, substance or structure before the relevant day but has not completed the supplying by the first anniversary of the relevant day, then the supplier will, in relation to the supply of the plant, substance or structure, cease to have the benefit of subclause (1) and the supplier must comply with the requirements of the Act in relation to the duties of a supplier (as if this Act had been in operation at the time that the supplier commenced this process). (a) a supplier carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the repealed Act (as taken to be in operation under subclause (2)(d)); and (b) the supplier would, if the calculations, analysis, testing or examination were carried out under this Act, be subject to a requirement set out in section 25(4)(b) or (5) of this Act, then the supplier must comply with those requirements as if that section applied in relation to the plant, substance or structure. 17—Duties of persons who install, construct or commission plant or structures (1) In this clause— designated person means a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure. (2) Subject to this clause, the duties imposed on a designated person under section 26 of this Act do not apply to or in relation to the installation, construction or commissioning of any plant or structure if the designated person commenced (or commenced and completed) any process associated with the installation, construction or commissioning of the plant or structure before the relevant day. (3) If a designated person commenced any process associated with the installation, construction or commissioning of any plant or structure before the relevant day but had not completed the installation, construction or commissioning by the second anniversary of the relevant day, then the designated person will, in relation to the installation, construction or commissioning of the plant or structure, cease to have the benefit of subclause (2) and the designated person must comply with the requirements of the Act in relation to the duties of a designated person (as if this Act had been in operation at the time that the designated person commenced this process). 18—Appointments (1) On the relevant day— (a) a person holding office as an inspector under the repealed Act will be taken to have been appointed as an inspector under this Act; and (b) a person holding office as a health and safety representative or deputy health and safety representative under the repealed Act will be taken to hold the corresponding office under this Act (with a term of office corresponding to the balance of his or her term of office under the repealed Act); and (c) a health and safety committee established under the repealed Act will be taken to be a health and safety committee under this Act (with the membership as constituted under the repealed Act). (2) An identity card held by an inspector under or for the purposes of the repealed Act immediately before the relevant day will be taken to be an identity card furnished by the regulator under section 157 of this Act (and to comply with the requirements of section 157(1) in all respects). (3) If a process or proceeding— (a) to appoint a health and safety representative or deputy health and safety representative; or (b) to establish or constitute a health and safety committee, has been commenced (but not completed) under the repealed Act before the relevant day (including so as to constitute a work group), the process or proceeding (and any flow‑on process or proceeding) may be completed under the repealed Act as if the repealed Act were still in operation and will then have effect for the purposes of this Act. (4) Subclause (3)(a) will cease to apply at the expiration of 3 months after the relevant day (and any process or proceeding not completed after that period will need to be recommenced under this Act). 19—Training (1) A person who has completed a course of training approved for the purposes of section 31A of the repealed Act will be taken to have completed any training required under section 85(6) or 90(4) of this Act. (2) Subclause (1) will cease to apply at the expiration of 12 months after the relevant day (and any relevant course of training under the repealed Act will then cease to have effect for the purposes of this Act). 20—Members of committees On the relevant day— (a) a person holding office as a member of the SafeWork SA Advisory Committee under the repealed Act will be taken to be a member of the SafeWork SA Advisory Council under this Act and, subject to clause 3(2) or (3) of Schedule 2, will hold office for the balance of his or her term of office under the repealed Act (and will then be eligible for reappointment under this Act); and (b) a person holding office as a member of the Mining and Quarrying Occupational Health and Safety Committee under the repealed Act will, subject to clause 12(6) of Schedule 2, continue to hold office for the balance of his or her term of office under the repealed Act (and will then be eligible for reappointment under this Act). 21—Functions and powers of inspectors (1) An inspector may, on or after the relevant day, perform a function or exercise a power under this Act in relation to anything arising under or relevant to the repealed Act before the relevant day (and this Act will apply in relation to the performance or exercise of such a function or power as if a reference to this Act included a reference to the repealed Act). (2) Without limiting subclause (1)— (a) a reference in this Act to a contravention of this Act will be taken to include a reference to a contravention of the repealed Act; and (b) a reference in this Act to an offence against this Act will be taken to include a reference to an offence against the repealed Act. (3) Any action taken or information acquired under this Act (including on account of the operation of this clause) may be used for the purposes of the repealed Act (insofar as it may be relevant to an act, omission or circumstance occurring before the relevant day). (4) Nothing in this clause affects or limits any action that may be taken under or with respect to the repealed Act by virtue of the operation of any other Act or law. 22—Disqualifications A disqualification under section 30(4), (5), (6), (7) and (8) of the repealed Act (including a disqualification made by a review committee after the commencement of this Act) will have effect for the purposes of section 60 of this Act as if it were a disqualification under section 65. 23—Codes of practice (1) A prescribed code of practice will be taken to be an approved code of practice under this Act (without the need to take any other step or to publish any notice under section 274). (2) A prescribed code of practice under subclause (1) may be varied or revoked by the Minister in accordance with section 274 after the commencement of this clause. (3) In this clause— prescribed code of practice means an approved code of practice in force under section 63 of the repealed Act immediately before the relevant day brought within the ambit of this clause by the regulations. 24—Authorisations (1) A registration, licence, permit, accreditation or other form of authorisation under a designated Act of a class prescribed by the regulations for the purposes of this clause will take and have effect under this Act in the manner prescribed by the regulations (and, to the extent prescribed by the regulations, will be taken to be a registration, licence, permit, accreditation or other form of registration under this Act). (2) In this clause— designated Act means— (a) the repealed Act; or (b) the Dangerous Substances Act 1979. 25—Exemptions (1) Subject to this clause, an exemption in force under section 67 of the repealed Act immediately before the relevant day will continue in force for the purposes of this Act, or a corresponding provision of this Act, to an extent that corresponds to the extent of the exemption under the repealed Act. (2) An exemption under subclause (1)— (a) may be— (i) modified from time to time as the Minister thinks fit; and (ii) revoked at any time by the Minister; and (b) unless sooner revoked, will expire on the first anniversary of the relevant day. 25A—Prosecutions under Occupational Health, Safety and Welfare Act 1986 (1) The Minister may, by instrument in writing, if he or she considers that it is in the interests of justice to do so, extend a time limit that applies under section 58(6)(b) of the repealed Act in order to allow proceedings to be brought against a person for an offence against the repealed Act in a case where proceedings previously commenced (or purportedly commenced) against the person for the offence have been withdrawn, discharged, dismissed or otherwise brought to an end because the person who brought (or purported to bring) the proceedings was not authorised to do so under section 58(7) of the repealed Act. (2) In conjunction with the operation of subclause (1)— (a) an extension under that subclause may be authorised even though the time limit for commencing proceedings under the repealed Act has passed; and (b) proceedings may be commenced against a person on account of an extension under that subclause even though the person has already been the subject of proceedings (or purported proceedings) under the repealed Act with respect to the same matter (being proceedings (or purported proceedings) that have been withdrawn, discharged, dismissed or otherwise brought to an end before new proceedings are commenced on account of the extension). (3) An apparently genuine document purporting to be signed by the Minister and to be an extension of a time limit applying under section 58(6)(b) of the repealed Act will be accepted in legal proceedings, in the absence of proof to the contrary, as proof of an extension in a particular case. 26—Other provisions (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Act. Legislative history Notes • This version is comprised of the following: 1.7.2025 Schedules • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation repealed by principal Act The Work Health and Safety Act 2012 repealed the following: Occupational Health, Safety and Welfare Act 1986 Legislation amended by principal Act The Work Health and Safety Act 2012 amended the following: Criminal Law (Sentencing) Act 1988 Dangerous Substances Act 1979 Environment Protection Act 1993 Mines and Works Inspection Act 1920 Tobacco Products Regulation Act 1997 Workers Rehabilitation and Compensation Act 1986 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Work Health and Safety Act 2012 15.11.2012 1.1.2013: s 2 Work Health and Safety (Self-Incrimination) Amendment Act 2013 Return to Work Act 2014 6.11.2014 Sch 9 (cll 24, 26(1), (5) & 66)—2.2.2015; cll 25 & 26(2)—(4), (6)—(10)—1.7.2015 (Gazette 4.12.2014 p6610) Work Health and Safety (Prosecutions Under Repealed Act) Amendment Act 2015 Statutes Amendment (Industrial Relations Consultative Council) Act 2015 5.11.2015 Pt 3 (ss 9—14)—19.11.2015 (Gazette 19.11.2015 p4976) Statutes Amendment (South Australian Employment Tribunal) Act 2016 8.12.2016 Pt 22 (ss 151—166)—1.7.2017 (Gazette 16.5.2017 p1221) Summary Procedure (Indictable Offences) Amendment Act 2017 14.6.2017 Sch 2 (cll 34 & 41)—5.3.2018 (Gazette 12.12.2017 p4961) Work Health and Safety (Representative Assistance) Amendment Act 2017 14.11.2017 14.2.2018: s 2 Statutes Amendment and Repeal (Simplify) Act 2019 Pt 53 (s 102)—3.10.2019: s 2(1) Work Health and Safety (Industrial Manslaughter) Amendment Act 2023 7.12.2023 except ss 3 to 6, 7(1), 8 & 9—1.7.2024 (Gazette 7.3.2024 p372) Statutes Amendment (Industrial Relations Portfolio) Act 2024 29.2.2024 Pt 4 (ss 8 & 9)—28.3.2024 (Gazette 28.3.2024 p510) Work Health and Safety (Review Recommendations) Amendment Act 2024 13.6.2024 Pt 2 (ss 3 to 24) & Sch 1 (cll 2 to 6)—1.9.2024 (Gazette 22.8.2024 p2871) Statutes Amendment (South Australian Employment Tribunal) Act 2024 5.9.2024 Pt 6 (ss 57 & 58)—1.12.2024 (Gazette 31.10.2024 p4038) Explosives Act 2024 19.9.2024 Sch 1 (cl 3)—uncommenced Statutes Amendment (Small Business Commission and Retail and Commercial Leases) Act 2024 5.12.2024 Pt 7 (s 98)—1.7.2025 (Gazette 19.6.2025 p1865) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1