5Duties of manufacturers

5 Duties of manufacturers

(1)  Subject to subsections (3) and (4) , the duties imposed on a manufacturer under section 23 of the new Act do not apply to or in relation to the manufacture by the manufacturer 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 commencement day.

(2)  If –

(a) subsection (1) applies in relation to the manufacture of a plant, substance or structure by a manufacturer; and

(b) section 14 of the former Act would apply to the manufacture if that section were still in operation –

then –

(c) the manufacturer must, in relation to the manufacture of the plant, substance or structure, comply with the relevant requirements of section 14 of the former Act as if the former Act were still in operation; and

(d) if the manufacturer fails to comply with paragraph (c) , the manufacturer may be prosecuted under the former Act, in relation to the manufacture of that plant, substance or structure, as if the former Act were still in operation.

(3)  If a manufacturer commenced any process associated with the manufacturing of any plant, substance or structure before the commencement day but has not completed the manufacturing by the first anniversary of the commencement day, subsection (1) ceases to apply in relation to the manufacture of the plant, substance or structure and the manufacturer must comply with the requirements under section 23 of the new Act in relation to the duties of a manufacturer.

(4)  If –

(a) a manufacturer, on or after the commencement day, carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the former Act; and

(b) the manufacturer would, if the calculations, analysis, testing or examination were carried out under the new Act, be subject to a requirement set out in or of the new Act –