(1) If there is uncertainty (based on reasonable grounds) as to whether work to be carried out for a business or undertaking is asbestos-related work, the person conducting the business or undertaking must ensure that analysis of a sample is undertaken to determine if asbestos or ACM is present.
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).
(2) For the purposes of subsection (1), 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.
(3) Subsection (1) does not apply if the person assumes that asbestos is present.