Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:419
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 419
Character Range: 556187–558718

419  Work involving asbestos or ACM—prohibitions and exceptions
 (1) A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work involving asbestos.
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.
 (2) In this regulation, work involves asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM.
 (3) Subregulation (1) does not apply if the work involving asbestos is any of the following:
 (a) genuine research and analysis;
 (b) sampling and identification in accordance with these Regulations;
 (c) maintenance of, or service work on, non‑friable asbestos or ACM, fixed or installed before 31 December 2003, in accordance with these Regulations;
 (d) removal or disposal of asbestos or ACM, including demolition, in accordance with these Regulations;
 (e) the transport and disposal of asbestos or asbestos waste where an equivalent provision to this subregulation in a corresponding WHS law states that subregulation 419(1) of that law does not apply;
 (f) demonstrations, education or practical training in relation to asbestos or ACM;
 (g) display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM;
 (h) management in accordance with these Regulations of in situ asbestos that was installed or fixed before 31 December 2003;
 (i) work that disturbs asbestos during mining operations that involve the extraction of, or exploration for, a mineral other than asbestos;
 (j) laundering asbestos contaminated clothing in accordance with these Regulations.
 (4) Subregulation (1) does not apply if the regulator approves the method adopted for managing risk associated with asbestos.
 (5) Subregulation (1) does not apply to the following:
 (a) soil that a competent person has determined:
 (i) does not contain any visible ACM or friable asbestos; or
 (ii) if friable asbestos is visible—does not contain more than trace levels of asbestos determined in accordance with AS 4964:2004 (Method for the qualitative identification of asbestos in bulk samples);
 (b) naturally occurring asbestos managed in accordance with an asbestos management plan prepared under regulation 432.

Part 8.2—General duty