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This is a Bill, not an Act. For current law, see the Acts databases.
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Contents
Page
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Bill 2014
A Bill for
An Act to amend legislation about asbestos
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014.
This Act commences on 1 January 2015.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
•
•
•
.
4 Contravention of requirements for
building work involving
asbestos
Section 42A (2) (a)
substitute
(a) the person is—
(i) a licensed builder; or
(ii) a licensed asbestos assessor; or
(iii) a licensed asbestos removalist; and
(aa) carries out the building work; and
insert
(5) In this section:
licensed asbestos assessor—see the Work Health and Safety Regulation 2011
, dictionary.
licensed asbestos removalist—see the Work Health and Safety Regulation 2011
, dictionary.
6 Meaning of prescribed
requirements—div 5.1
Section 66, definition of prescribed
requirements, paragraph (a)
substitute
(a) if the building work involves handling asbestos or disturbing friable asbestos—the requirements of—
(i) this Act; and
(ii) the
; or
7 Dictionary, new definition of asbestos
insert
asbestos—see the Work Health and Safety Regulation 2011
, dictionary.
8 Dictionary, definition of friable asbestos and examples and note
substitute
friable asbestos—see the Work Health and Safety Regulation 2011
, dictionary.
Part 3 Building (General) Regulation 2008
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
For example, the signpost definition ‘ActewAGL Distribution, for schedule 2 (Referral of building approval applications)—see schedule 2, section 2.1.’ means that the term ‘ActewAGL Distribution’ is defined in that section for schedule 2.
10 Bonded asbestos removal—Act, s
26 (3)
Section 14 (2) and (3)
substitute
(2) The application must include an asbestos removal control plan for the removal.
substitute
15 Friable asbestos removal—Act, s 26 (3)
(1) This section applies to an application for building approval involving the removal of friable asbestos from a residential building.
(2) The application must include an asbestos removal control plan for the removal.
insert
• asbestos
• friable asbestos
13 Dictionary, definition of asbestos
omit
Part 4 Construction Occupations (Licensing) Act 2004
14 What is a construction
occupation?
Section 7 (a) and (b)
omit
15 Who is an asbestos
assessor?
Section 7A
omit
16 What is an asbestos
removalist?
Section 7B
omit
17 Suspension of licence—public
safety
Section 52A (1), example 1
omit
18 Construction occupations
registrar
Section 103 (2) (a)
omit
omit the definitions of
asbestos assessment service
asbestos assessor
asbestos removalist
asbestos removal service
Part 5 Construction Occupations (Licensing) Regulation 2004
20 Licence applications—Act, s 17
(3)
Section 5 (h) (i)
omit
21 Term of licences
generally—Act, s 24
Section 7 (1) (f)
omit
substitute
8 Term of licence for building assessors, building surveyors, plumbing plan certifiers and works assessors—Act, s 24
omit
24 Particulars in
register
Section 9 (1) (c) (i)
omit
25 Corporations and partnerships
eligible for some
occupations
Section 15 (1) (a)
omit
26 Eligibility to be asbestos
removalist
Section 15A
omit
27 Eligibility to be asbestos
assessor
Section 16A
omit
28 Services that may be provided
without licence
Section 35 (2)
substitute
Note Construction service does not include asbestos removal
work (see
, s 6).
29 Section 35 (4), definition of relevant asbestos qualification
omit
30 Classes of asbestos
assessor
Section 36A
omit
31 Classes of asbestos
removalist
Section 36B
omit
32 Asbestos assessor
Schedule
1, part 1.1
omit
33 Asbestos
removalist
Schedule 1, part 1.2
omit
34 Dictionary, definition of bonded asbestos
omit
Part 6 Dangerous Substances Act 2004
35 Exclusions from Act
New
section 7 (1A)
insert
(1A) This Act, other than the following sections, applies to the handling of asbestos only if the handling is non-commercial handling:
(a) section 13 (Correctly classified for a dangerous substance);
(b) section 14 (Correctly for packed, stored, labelled and placarded);
(c) section 75 (Unauthorised import of certain dangerous substances);
(d) section 76 (Unauthorised supply of certain dangerous substances);
(e) section 77 (Unauthorised possession of certain dangerous substances).
Note Asbestos is also dealt with in the Work Health and Safety Regulation 2011
. See s 8 and s 8A for the relationship of this Act to the WHS Act
.
36 Failure to comply with safety
duty—exposing people to substantial risk of death or serious
harm
Section 43 (1), new example
before the note, insert
2 Caroline receives a letter from the ACT Government, advising her that her house contains loose-fill asbestos insulation and alerting her to the dangers associated with this form of insulation. The letter also informs Caroline that she must engage a licensed asbestos assessor and a licensed asbestos removalist before undertaking any work on the house, and to inform anyone carrying out work on the house that the house contains loose-fill asbestos insulation. After receiving the letter, Caroline engages a gasfitter to repair the heating system located in the ceiling cavity of the house, without telling the gasfitter, or taking any other steps to make the gasfitter aware, that the house contains loose-fill asbestos insulation. Caroline is reckless about whether her failure to tell the gasfitter about the loose-fill asbestos insulation exposes the gasfitter to a substantial risk of serious harm. Caroline commits an offence against this section because asbestos is a dangerous substance and, under the general safety duty of everyone involved in handling a dangerous substance, she must take all reasonable steps to minimise the risks resulting from handling the substance (see s 23 and s 41). Handling a dangerous substance includes possessing, or otherwise having custody or control of, the substance (see s 11).
37 Important
concepts
Part 3A.1
omit
38 Public education
Part 3A.3
heading
omit
39 Asbestos advice and assessment
reports
Part 3A.4 heading
omit
40 Asbestos assessment
reports
Section 47K (1)
omit
an asbestos assessor
substitute
a licensed asbestos assessor
substitute
(2) In this section:
licensed asbestos assessor—see the Work Health and Safety Regulation 2011
, dictionary.
42 Requirement to give asbestos
assessment report
Section 47L (1) (b)
substitute
(b) an owner, or occupier, (the owner) of the premises engages someone (the worker) to undertake work involving asbestos.
Note Involves—see s (4).
substitute
(4) In this section:
involves—see the Work Health and Safety Regulation 2011
, section 419 (2).
44 Dictionary, definition of asbestos
substitute
asbestos—see the Work Health and Safety Regulation 2011
, dictionary.
Part 7 Dangerous Substances (General) Regulation 2004
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘emergency service, for chapter 2 (Certain dangerous substances)—see the Emergencies Act 2004
, dictionary.’ means that the term ‘emergency service’ is defined in that dictionary and the definition applies to this regulation.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire regulation unless the definition, or another
provision of the regulation, provides otherwise or the contrary intention
otherwise appears (see
, s 155 and s 156 (1)).
substitute
Chapter 3 Asbestos and asbestos containing material
substitute
301 Meaning of asbestos containing material (ACM)—ch 3
In this chapter:
asbestos containing material (ACM)—see the Work Health and Safety Regulation 2011
, dictionary.
substitute
303 When asbestos and asbestos containing material correctly packed—Act, s 14 (1) (a)
omit
asbestos product
substitute
asbestos containing material
insert
Note This provision applies to both commercial and non-commercial packing of asbestos and asbestos containing material (see Act
, s 7 (1A)).
substitute
304 When asbestos and asbestos containing material correctly labelled—Act, s 14 (2) (a)
omit
asbestos product
substitute
asbestos containing material
insert
Note This provision applies to both commercial and non-commercial labelling of asbestos and asbestos containing material (see Act
, s 7 (1A)).
substitute
305 Asbestos and asbestos containing material are prohibited dangerous substances—Act, s 73, def prohibited dangerous substance
omit
asbestos products
substitute
asbestos containing material
substitute
Part 3.2 Authorised handling of asbestos and asbestos containing material
Note 1 The non-commercial manufacture of asbestos containing material is prohibited except in certain circumstances (see Act
, s 74 (1)).
Note 2 The transport of asbestos and asbestos containing material is
regulated by the
.
substitute
306 Authorised importation of asbestos and asbestos containing material—Act, s 75 (1) (b)
A person is authorised to import asbestos or asbestos containing material if the asbestos or asbestos containing material is imported for non-commercial use in asbestos-related work.
Note This provision applies to both commercial and non-commercial importation of asbestos and asbestos containing material (see Act
, s 7 (1A)).
307 Authorised supply of asbestos and asbestos containing material—Act, s 76 (1) (b) and (3) (b)
A person is authorised to supply asbestos or asbestos containing material to someone else if the asbestos or asbestos containing material is supplied for non-commercial use in asbestos-related work.
Note This provision applies to both commercial and non-commercial supply of asbestos and asbestos containing material (see Act
, s 7 (1A)).
308 Authorised possession of asbestos and asbestos containing material—Act, s 77 (1) (b)
(1) A person conducting a business or undertaking is authorised to possess asbestos or asbestos containing material, for commercial use, if the possession of the asbestos or asbestos containing material is in accordance with the Work Health and Safety Regulation 2011
.
(2) A person is authorised to possess asbestos or asbestos containing material, for non-commercial use, if the asbestos or asbestos containing material—
(a) is in plant or a vehicle in the person’s possession; and
Note Plant includes machinery and equipment and a building or other structure (see Act
, dict).
(b) is fixed in place; and
(c) was fixed in place before 31 December 2003; and
(d) is fixed in a way that does not cause a risk unless it is disturbed.
(3) A person is authorised to possess asbestos if—
(a) the asbestos is in its natural form in minimal quantities in another mineral; and
(b) the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
(4) However, this section does not authorise a person to possess chrysotile or chrysotile containing material.
(5) In this section:
person conducting a business or undertaking—see the Work Health and Safety Act 2011
, section 5.
Note This provision applies to both commercial and non-commercial possession of asbestos and asbestos containing material (see Act
, s 7 (1A)).
309 Storage of asbestos and asbestos containing material—Act, s 78 (1) (a)
A person who stores asbestos or an asbestos containing material that has been removed from plant or a vehicle (the waste) must ensure that—
(a) the waste is correctly packed and labelled; and
(b) the person disposes of the waste as soon as practicable after the person comes into possession of the waste.
Note 1 Plant includes machinery and equipment and a building or other structure (see Act
, dict).
Note 2 This provision applies only to non-commercial storage of asbestos and asbestos containing material (see Act
, s 7 (1A)).
310 Authorised use of asbestos and asbestos containing material—Act, s 79 (1) (b)
(1) A person is authorised to use asbestos or asbestos containing material if the asbestos or asbestos containing material—
(a) is in plant or a vehicle used by the person; and
Note Plant includes machinery and equipment and a building or other structure (see Act
, dict).
(b) is fixed in place; and
(c) was fixed in place before 31 December 2003; and
(d) is fixed in a way that does not cause a risk unless it is disturbed.
(2) A person is authorised to use asbestos if—
(a) the asbestos is in its natural form in minimal quantities in another mineral; and
(b) the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
(3) However, this section does not authorise a person to possess chrysotile or chrysotile containing material.
Note This provision applies only to non-commercial use of asbestos and asbestos containing material (see Act
, s 7 (1A)).
58 Asbestos
management—non-residential premises
Part 3.4
omit
59 Dictionary, new definitions
insert
ACM—see asbestos containing material.
asbestos containing material (ACM), for chapter 3 (Asbestos and asbestos containing material)—see the Work Health and Safety Regulation 2011
, dictionary.
60 Dictionary, definitions of asbestos management plan, asbestos product and asbestos register
omit
61 Dictionary, new definition of asbestos-related work
insert
asbestos-related work—see the Work Health and Safety Regulation 2011
, dictionary.
omit the definitions of
authorised activity
authorised activity condition
disturb
licensed asbestos assessor
national standards
non-residential premises
63 Dictionary, definition of risk assessment
substitute
risk assessment, for a hazard at premises—see section
222.
Part 8 Work Health and Safety Act 2011
64 Approved codes of
practice
Section 274 (2)
after 1st mention of
code of practice
insert
(other than a code of practice in relation to the management, control or removal of asbestos or asbestos containing material)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 30 October 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014
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