Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 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

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

  (c)   a laboratory operated by the regulator.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.