2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Industrial Relations)

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Industrial Relations)

An Act to amend the Dangerous Substances (Asbestos) Amendment Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Dangerous Substances (Asbestos) Amendment Act 2005.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Dangerous Substances (Asbestos) Amendment Act 2004.

(3) Section 5 commences on 4 April 2005.

, or ought reasonably to know,

(2) The owner or occupier has a duty of care to a relevant person to tell the person, in writing, what the owner or occupier knows about the asbestos at the premises.

Note If a form is approved under s 222 for this provision, the form must be used.

(2A) To remove any doubt, this section does not require an owner or occupier of premises to find out whether there is asbestos, or anything about the location or condition of any asbestos, at the premises.

An owner or occupier is not required to obtain an asbestos report for the premises.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

relevant person, for premises, means—

(a) a person doing relevant work at the premises; or

(b) a person who is, or is likely to be, a purchaser of the premises; or

(c) a person who is a tenant of the premises.

tenant, for premises, means—

(a) someone who is a tenant for the premises under the Leases (Commercial and Retail) Act 2001, dictionary, definition of tenant; or

(b) someone who is a tenant for the premises under the Residential Tenancies Act 1997, section 6, definition of tenant; or

(c) a person prescribed by regulation for this paragraph;

but does not include a person declared by regulation not to be a tenant.

Note Under the definitions of tenant in the Leases (Commercial and Retail) Act 2001 and the Residential Tenancies Act 1997, a ‘tenant’ includes a prospective tenant.

required information, about asbestos, means—

(a) up-to-date information about the location and condition of the asbestos; and

(b) any other information prescribed by regulation.

Presentation speech made in the Legislative Assembly on 2005.

Notified under the Legislation Act on 2005.

For the latest republication of amended laws, see www.legislation.act.gov.au.