Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 420

    (1)     A person conducting a business or undertaking at a workplace must ensure that—

        (a)     exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable; and

        (b)     if it is not reasonably practicable to eliminate exposure to airborne asbestos—exposure is minimised so far as is reasonably practicable.

Note     title="A2011-35">WHS Act

— s 19 (see s 9).

    (2)     A person conducting a business or undertaking at a workplace must ensure that the exposure standard for asbestos is not exceeded at the workplace.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (3)     Subsections (1) (a) and (2) do not apply in relation to an asbestos removal area—

        (a)     that is enclosed to prevent the release of respirable asbestos fibres in accordance with section 477 (Removing friable asbestos); and

        (b)     in which negative pressure is used in accordance with that section.