Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:470
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 470
Character Range: 615315–617185

470  Limiting access to asbestos removal area
 (1) This regulation applies to:
 (a) a person conducting a business or undertaking at a workplace who commissions a person to carry out licensed asbestos removal work at the workplace; and
 (b) a person with management or control of a workplace who is aware that licensed asbestos removal work is being carried out at the workplace.
 (2) Subject to subregulation (4), the person must ensure, so far as is reasonably practicable, that no‑one other than the following has access to an asbestos removal area:
 (a) workers engaged in the asbestos removal work;
 (b) other persons associated with the asbestos removal work;
 (c) anyone allowed under these Regulations or another law to be in the asbestos removal area.
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 may refuse to allow access to an asbestos removal area at the workplace to anyone who does not comply with:
 (a) a control measure implemented for the workplace in relation to asbestos; or
 (b) a direction of the licensed asbestos removalist.
 (4) A person referred to in paragraph (2)(a), (b) or (c) has access to an asbestos removal area subject to any direction of the licensed asbestos removalist.
 (5) If a person referred to in paragraph (2)(a), (b) or (c) has access to an asbestos removal area, the person must comply with any direction of the licensed asbestos removalist.
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.