7Duties of suppliers

7 Duties of suppliers

(1)  Subject to subsections (3) and (4) , the duties imposed on a supplier under section 25 of the new Act do not apply to or in relation to the supply by the supplier 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 commencement day.

(2)  If –

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

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

then –

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

(3)  If a supplier commenced any process associated with the supply of any plant, substance or structure before the commencement day but has not completed the supplying by the first anniversary of the commencement day, then subsection (1) ceases to apply in relation to the supply of the plant, substance or structure and the supplier must comply with the requirements under section 25 of the new Act in relation to the duties of a supplier.

(4)  If –

(a) a supplier, 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 supplier 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 –