Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:479
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 479
Character Range: 633059–634065

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.
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) For subregulation (1), 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.
 (3) Subregulation (1) does not apply if the person assumes that asbestos is present.