(1) This regulation applies if:
(a) an alleged breach of a matter under the pre‑reform Act or the pre‑reform Regulations occurred before the reform commencement; and
(b) an investigation had not been commenced for the compliance purposes mentioned in section 83BH of the pre‑reform Act before the reform commencement.
(2) Despite the repeal of Division 2 of Part IVA of the pre‑reform Act, a workplace inspector is authorised:
(a) to investigate the alleged breach; and
(b) to exercise the workplace inspector's powers, and perform the workplace inspector's functions, under the Act in relation to the alleged breach.
(3) However, the pre‑reform Act and pre‑reform Regulations are taken to apply in relation to criminal proceedings dealing with the imposition of a penalty in respect of the alleged breach.