Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 479

Uncertainty as to presence of asbestos

    (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.



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