Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 465

  (1)   Subject to subregulation   (2), a licensed asbestos removalist must ensure that a copy of the asbestos removal control plan prepared under regulation   464 is kept until the asbestos removal work to which it relates is completed.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   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.

  (2)   If a notifiable incident occurs in connection with the asbestos removal work to which the asbestos removal control plan relates, the licensed asbestos removalist must keep the asbestos removal control plan for at least 2 years after the incident occurs.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   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.

  (3)   The licensed asbestos removalist must ensure that, for the period for which the asbestos removal control plan must be kept under this regulation, a copy is:

  (a)   readily accessible to:

  (i)   a person conducting a business or undertaking at the workplace; and

  (ii)   the person's workers at the workplace, or a health and safety representative who represents the workers; and

  (iii)   if the asbestos removal work is to be carried out in domestic premises--the occupants of the premises; and

  (b)   available for inspection under the Act.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   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.