Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 423

    (1)     A person with management or control of a workplace may identify asbestos or ACM by arranging for a sample of material at the workplace to be analysed for the presence of asbestos or ACM.

    (2)     If a person with management or control of a workplace arranges for an analysis, the person must ensure that the sample is analysed only by—

        (a)     a NATA-accredited laboratory accredited for the relevant test method; or

Note     NATA —see the dictionary.

        (b)     a laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia; or

        (c)     a laboratory operated by the regulator.

Maximum penalty:

        (a)     in the case of an individual—$1 250; or

        (b)     in the case of a body corporate—$6 000.

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