Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:451
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 451
Character Range: 590891–593225

451  Determining presence of asbestos or ACM
 (1) This regulation applies if:
 (a) demolition or refurbishment is to be carried out at a workplace; and
 (b) there is no asbestos register for the structure or plant to be demolished or refurbished at the workplace.
 (2) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must not carry out the demolition or refurbishment until the structure or plant has been inspected to determine whether asbestos or ACM is fixed to or installed in the structure or plant.
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.
Penalty: The tier E monetary penalty.
 (3) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must ensure that the determination is undertaken by a competent person.
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.
Penalty: The tier E monetary penalty.
 (4) The person conducting a business or undertaking who is to carry out the demolition or refurbishment must assume that asbestos or ACM is fixed to or installed in the structure or plant if:
 (a) the competent person is, on reasonable grounds, uncertain whether or not asbestos is fixed to or installed in the structure or plant; or
 (b) part of the structure or plant is inaccessible and likely to be disturbed.
 (5) If asbestos or ACM is determined or assumed to be fixed to or installed in the structure or plant, the person conducting a business or undertaking who is to carry out the demolition or refurbishment must inform:
 (a) if the workplace is residential premises:
 (i) the occupier of the premises; and
 (ii) the owner of the premises; and
 (b) in any other case—the person with management or control of the workplace.
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.
Penalty: The tier G monetary penalty.