(2) If a contravention of the obligation happens before the
repeal, proceedings may be taken or continued against the person who
contravened the obligation, and the person may be punished, as if the repeal
had not happened.
(3) If—
(a) a particular activity of a person would be a
contravention of the obligation if all the acts or omissions involved happened
before the repeal; but
(b) some of the acts or omissions happen before, and
some after, the repeal;
the proceedings may be taken against the person for
the activity as a contravention of the obligation as if the repeal had not
happened.
(4) However, subsection (3) only applies if proceedings against the
person for the activity are commenced—
(a) for an activity to which
section 26and 27of the repealed Act applies in relation to designers and
installers—within 2 years after the repeal; or
(b) for an activity to which
section 26(2) of the repealed Act applies—within 2 years after the repeal;
or
(c) otherwise—within 1 year after the repeal.
(5) Also, the person can
not be convicted of the contravention under subsection (3) unless the acts or
omissions would also be a contravention of a corresponding duty under this Act
if they all happened after the repeal.
(6) Subsections (3) and (4) do not
prevent proceedings being commenced against the person under this Act solely
for any acts of omissions involved in the activity that happen after the
repeal.