(1) Subject to this
regulation, the duties imposed on a manufacturer under regulation 59, 61, 64,
Division 3 of Chapter 5 Part 1 or regulation 231 of these
regulations do not apply to or in relation to the manufacture of any plant,
substance or structure (including 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)
subregulation (1) applies in relation to the manufacture of any
particular plant, substance or structure; and
(b) the
manufacturer would, if the revoked regulations were still in operation, be
subject to the operation of a provision of the revoked regulations imposing a
duty that corresponds to a duty of a kind imposed under a provision referred
to in subregulation (1),
then—
(c) the
manufacturer must comply with the relevant requirements of those provisions as
if the revoked regulations 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 revoked regulations 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 subregulation (1) and the
manufacturer must comply with the requirements of these regulations in
relation to the duties of a manufacturer (as if these regulations had been in
operation at the time that the manufacturer commenced this process).