Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 425

    (1)     A person with management or control of a workplace must ensure that a register (an asbestos register ) is prepared and kept at the workplace.

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

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

    (2)     The person must ensure that the asbestos register is maintained to ensure the information in the register is up-to-date.

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

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

    (3)     The asbestos register must—

        (a)     record any asbestos or ACM identified at the workplace under section 422 (Asbestos to be identified or assumed at workplace), or likely to be present at the workplace from time to time including—

              (i)     the date on which the asbestos or ACM was identified; and

              (ii)     details of any analysis confirming the presence of asbestos or ACM in material at the workplace; and

              (iii)     if asbestos or ACM is identified at the workplace by a licensed asbestos assessor—the name of the licensed asbestos assessor; and

              (iv)     the location, type and condition of the asbestos or ACM; or

        (b)     state that no asbestos or ACM is identified at the workplace if the person knows that no asbestos or ACM is identified, or is likely to be present from time to time, at the workplace.

    (3A)     If a risk assessment is made of the workplace under section 422A, the asbestos register must include the risk assessment.

    (4)     The person is not required to prepare an asbestos register for a workplace if a register has already been prepared for that workplace.

    (5)     Subject to subsection (6), this section applies to buildings whenever constructed.

    (6)     This section does not apply to a workplace if—

        (a)     the workplace is a building that was constructed after 31 December 2003; and

        (b)     no asbestos has been identified at the workplace; and

        (c)     no asbestos is likely to be present at the workplace from time to time.