Work Health and Safety Regulation 2011
Current version for 24 June 2014 to date (accessed 27 November 2014 at 01:59)
Chapter 8

Chapter 8 Asbestos

Part 8.1 Prohibitions and authorised conduct

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.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  In this clause, work involves asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM.
(3)  Subclause (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 this Regulation,
(c)  maintenance of, or service work on, non friable asbestos or ACM, fixed or installed before 31 December 2003, in accordance with this Regulation,
(d)  removal or disposal of asbestos or ACM, including demolition, in accordance with this Regulation,
(e)  the transport and disposal of asbestos or asbestos waste in accordance with the Protection of the Environment Operations Act 1997,
(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 this Regulation 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 this Regulation.
(4)  Subclause (1) does not apply if the regulator approves the method adopted for managing risk associated with asbestos.
(5)  Subclause (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 clause 432.

Part 8.2 General duty

420   Exposure to airborne asbestos at workplace

(1)  A person conducting a business or undertaking at a workplace must ensure that:
(a)  exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable, and
(b)  if it not reasonably practicable to eliminate exposure to airborne asbestos—exposure is minimised so far as is reasonably practicable.
Note. WHS Act—section 19 (see clause 9).
(2)  A person conducting a business or undertaking at a workplace must ensure that the exposure standard for asbestos is not exceeded at the workplace.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  Subclauses (1) (a) and (2) do not apply in relation to an asbestos removal area:
(a)  that is enclosed to prevent the release of respirable asbestos fibres in accordance with clause 477, and
(b)  in which negative pressure is used in accordance with that clause.

Part 8.3 Management of asbestos and associated risks

421   Application of Part 8.3

This Part does not apply to naturally occurring asbestos.

422   Asbestos to be identified or assumed at workplace

(1)  A person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a competent person.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  A person with management or control of a workplace must:
(a)  if material at the workplace cannot be identified but a competent person reasonably believes that the material is asbestos or ACM—assume that the material is asbestos, and
(b)  if part of the workplace is inaccessible to workers and likely to contain asbestos or ACM—assume that asbestos is present in the part of the workplace.
(3)  Subclause (1) does not apply if the person:
(a)  assumes that asbestos or ACM is present, or
(b)  has reasonable grounds to believe that asbestos or ACM is not present.
(4)  If asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace.

423   Analysis of sample

(1)  A person with management or control of a workplace may identify asbestos or ACM by arranging for a sample of material at the workplace to be analysed for the presence of asbestos or ACM.
(2)  If a person with management or control of a workplace arranges for an analysis, 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.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

424   Presence and location of asbestos to be indicated

A person with management or control of a workplace must ensure that:
(a)  the presence and location of asbestos or ACM identified at the workplace under clause 422 is clearly indicated, and
(b)  if it is reasonably practicable to do so, indicate the presence and location of the asbestos or ACM by a label.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

425   Asbestos register

(1)  A person with management or control of a workplace must ensure that a register (an asbestos register) is prepared and kept at the workplace.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(2)  The person must ensure that the asbestos register is maintained to ensure the information in the register is up to date.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(3)  The asbestos register must:
(a)  record any asbestos or ACM identified at the workplace under clause 422, or likely to be present at the workplace from time to time including:
(i)  the date on which the asbestos or ACM was identified, and
(ii)  the location, type and condition of the asbestos or ACM, or
(b)  state that no asbestos or ACM is identified at the workplace if the person knows that no asbestos or ACM is identified, or is likely to be present from time to time, at the workplace.
(4)  The person is not required to prepare an asbestos register for a workplace if a register has already been prepared for that workplace.
(5)  Subject to subclause (6), this clause applies to buildings whenever constructed.
(6)  This clause does not apply to a workplace if:
(a)  the workplace is a building that was constructed after 31 December 2003, and
(b)  no asbestos has been identified at the workplace, and
(c)  no asbestos is likely to be present at the workplace from time to time.

426   Review of asbestos register

A person with management or control of a workplace where an asbestos register is kept must ensure that the register is reviewed and as necessary revised if:
(a)  the asbestos management plan is reviewed under clause 430, or
(b)  further asbestos or ACM is identified at the workplace, or
(c)  asbestos is removed from, or disturbed, sealed or enclosed at, the workplace.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

427   Access to asbestos register

(1)  A person with management or control of a workplace where an asbestos register is kept must ensure that the asbestos register is readily accessible to:
(a)  a worker who has carried out, carries out or intends to carry out, work at the workplace, and
(b)  a health and safety representative who represents a worker referred to in paragraph (a), and
(c)  a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace, and
(d)  a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(2)  If a person conducting a business or undertaking carries out, or intends to carry out, work at a workplace that involves a risk of exposure to airborne asbestos, the person with management or control of the workplace must ensure that the person is given a copy of the asbestos register.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

428   Transfer of asbestos register by person relinquishing management or control

If a person with management or control of a workplace plans to relinquish management or control of the workplace, the person must ensure, so far as is reasonably practicable, that the asbestos register is given to the person, if any, assuming management or control of the workplace.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

429   Asbestos management plan

(1)  This clause applies if asbestos or ACM is:
(a)  identified at a workplace under clause 422, or
(b)  likely to be present at a workplace from time to time.
(2)  A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(4)  An asbestos management plan must include information about the following:
(a)  the identification of asbestos or ACM,
Example. A reference or link to the asbestos register for the workplace and signage and labelling.
(b)  decisions, and reasons for decisions, about the management of asbestos at the workplace,
Example. Safe work procedures and control measures.
(c)  procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace,
(d)  workers carrying out work involving asbestos.
Example. Consultation, responsibilities, information and training.
(5)  A person with management or control of a workplace must ensure that a copy of the asbestos management plan for the workplace is readily accessible to:
(a)  a worker who has carried out, carries out or intends to carry out, work at the workplace, and
(b)  a health and safety representative who represents a worker referred to in paragraph (a), and
(c)  a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace, and
(d)  a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

430   Review of asbestos management plan

(1)  A person with management or control of a workplace that has an asbestos management plan must ensure that the plan is reviewed and as necessary revised in the following circumstances:
(a)  there is a review of the asbestos register or a control measure,
(b)  asbestos is removed from, or disturbed, sealed or enclosed at, the workplace,
(c)  the plan is no longer adequate for managing asbestos or ACM at the workplace,
(d)  a health and safety representative requests a review under subclause (2),
(e)  at least once every 5 years.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(2)  A health and safety representative for workers at a workplace may request a review of an asbestos management plan if the representative reasonably believes that:
(a)  a circumstance referred to in subclause (1) (a), (b) or (c) affects or may affect the health and safety of a member of the work group represented by the health and safety representative, and
(b)  the person with management and control of the workplace has not adequately reviewed the asbestos management plan in response to the circumstance.

Part 8.4 Management of naturally occurring asbestos

431   Naturally occurring asbestos

The person with management or control of a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with naturally occurring asbestos at the workplace.
Note. WHS Act—section 20 (see clause 9).

432   Asbestos management plan

(1)  This clause applies if naturally occurring asbestos is:
(a)  identified at a workplace, or
(b)  likely to be present at a workplace.
(2)  A person with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared in relation to the naturally occurring asbestos.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(4)  An asbestos management plan must include information about the following:
(a)  the identification of naturally occurring asbestos,
(b)  decisions, and reasons for decisions, about the management of naturally occurring asbestos at the workplace,
Example. Safe work procedures and control measures.
(c)  procedures for detailing incidents or emergencies involving naturally occurring asbestos at the workplace,
(d)  workers carrying out work involving naturally occurring asbestos.
Example. Consultation, responsibilities, information and training.
(5)  A person with management or control of a workplace must ensure that a copy of the asbestos management plan for naturally occurring asbestos at the workplace is readily accessible to:
(a)  a worker who has carried out, carries out or intends to carry out, work at the workplace, and
(b)  a health and safety representative who represents a worker referred to in paragraph (a), and
(c)  a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace, and
(d)  a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

433   Review of asbestos management plan

A person with management or control of a workplace that has an asbestos management plan for naturally occurring asbestos must ensure that the plan is reviewed and as necessary revised if the plan is no longer adequate for managing naturally occurring asbestos at the workplace.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

Example. A control measure is revised under clause 38.

434   Training in relation to naturally occurring asbestos

A person conducting a business or undertaking must ensure that the training required under clause 445 includes training in the hazards and risks associated with naturally occurring asbestos for workers who carry out work where naturally occurring asbestos is likely to be found.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

Part 8.5 Asbestos at the workplace

Division 1 Health monitoring

435   Duty to provide health monitoring

(1)  A person conducting a business or undertaking must ensure that health monitoring is provided, in accordance with clause 436, to a worker carrying out work for the business or undertaking if the worker is:
(a)  carrying out licensed asbestos removal work at a workplace and is at risk of exposure to asbestos when carrying out the work, or
(b)  is carrying out other ongoing asbestos removal work or asbestos-related work and is at risk of exposure to asbestos when carrying out the work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  For the purposes of subclause (1) (a), the person must ensure that the health monitoring of the worker commences before the worker carries out licensed asbestos removal work.
(3)  The person must ensure that the worker is informed of any health monitoring requirements before the worker carries out any work that may expose the worker to asbestos.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

436   Duty to ensure that appropriate health monitoring is provided

A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in clause 435 includes:
(a)  consideration of:
(i)  the worker’s demographic, medical and occupational history, and
(ii)  records of the worker’s personal exposure, and
(b)  a physical examination of the worker,
unless another type of health monitoring is recommended by a registered medical practitioner.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

437   Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience

(1)  A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in clause 435 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  The person must consult the worker in relation to the selection of the registered medical practitioner.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

438   Duty to pay costs of health monitoring

(1)  A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in clause 435.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(2)  If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

439   Information that must be provided to registered medical practitioner

A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:
(a)  the name and address of the person conducting the business or undertaking,
(b)  the name and date of birth of the worker,
(c)  the work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring,
(d)  if the worker has started that work, how long the worker has been carrying out that work.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

440   Duty to obtain health monitoring report

(1)  A person conducting a business or undertaking who commissioned health monitoring referred to in clause 435 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  The health monitoring report must include the following:
(a)  the name and date of birth of the worker,
(b)  the name and registration number of the registered medical practitioner,
(c)  the name and address of the person conducting the business or undertaking who commissioned the health monitoring,
(d)  the date of health monitoring,
(e)  any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring,
(f)  any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring,
(g)  whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.

441   Duty to give health monitoring report to worker

A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

442   Duty to give health monitoring report to regulator

A person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains:
(a)  any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring, or
(b)  any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work referred to in clause 435.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

443   Duty to give health monitoring report to relevant persons conducting businesses or undertakings

A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

444   Health monitoring records

(1)  A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:
(a)  identified as a record in relation to the worker, and
(b)  for at least 40 years after the record is made.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

(2)  The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

(3)  Subclause (2) does not apply if the record is disclosed under clause 442 or 443 or to a person who must keep the record confidential under a duty of professional confidentiality.

Division 2 Training

445   Duty to train workers about asbestos

(1)  In addition to the training required by Division 1 of Part 3.2, a person conducting a business or undertaking must ensure that workers engaged by the person, whom the person reasonably believes may be involved in asbestos removal work or in the carrying out of asbestos-related work, are trained in the identification and safe handling of, and suitable control measures for, asbestos and ACM.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  This clause does not apply in relation to a worker referred to in clause 460.
(3)  The person must ensure that a record is kept of the training undertaken by the worker:
(a)  while the worker is carrying out the work, and
(b)  for 5 years after the day the worker ceases working for the person.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

(4)  The person must keep the record available for inspection under the Act.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

Division 3 Control on use of certain equipment

446   Duty to limit use of equipment

(1)  A person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM:
(a)  high-pressure water spray,
(b)  compressed air.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(2)  Subclause (1) (a) does not apply to the use of a high pressure water spray for fire fighting or fire protection purposes.
(3)  A person conducting a business or undertaking must not use, or direct or allow a worker to use, any of the following equipment on asbestos or ACM unless the use of the equipment is controlled:
(a)  power tools,
(b)  brooms,
(c)  any other implements that cause the release of airborne asbestos into the atmosphere.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(4)  In subclause (3), the use of equipment is controlled if:
(a)  the equipment is enclosed during its use, or
(b)  the equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design, or
(c)  the equipment is used in a way that is designed to capture or suppress airborne asbestos safely, or
(d)  any combination of paragraphs (a), (b) and (c) applies.

Part 8.6 Demolition and refurbishment

447   Application—Part 8.6

(1)  This Part applies to the demolition or refurbishment of a structure or plant constructed or installed before 31 December 2003.
(2)  In this clause, demolition or refurbishment does not include minor or routine maintenance work, or other minor work.

448   Review of asbestos register

The person with management or control of a workplace must ensure that, before demolition or refurbishment is carried out at the workplace, the asbestos register for the workplace is:
(a)  reviewed, and
(b)  if the register is inadequate having regard to the proposed demolition or refurbishment—revised.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

Example. The register identifies an inaccessible area that is likely to contain asbestos and the area is likely to be accessible because of demolition.

449   Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment

The person with management or control of a workplace must ensure that the person conducting a business or undertaking who carries out the demolition or refurbishment is given a copy of the asbestos register before the demolition or refurbishment is commenced.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

450   Duty to obtain asbestos register

A person conducting a business or undertaking who carries out demolition or refurbishment at a workplace must obtain a copy of the asbestos register from the person with management or control of the workplace, before the person commences the demolition or refurbishment.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

451   Determining presence of asbestos or ACM

(1)  This clause 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.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(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.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(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.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

452   Identification and removal of asbestos before demolition

(1)  This clause applies if a structure or plant at a workplace is to be demolished.
(2)  This clause does not apply:
(a)  in an emergency to which clause 454 applies, or
(b)  to residential premises.
(3)  The person with management or control of the workplace, or of the structure or plant, must ensure:
(a)  that all asbestos that is likely to be disturbed by the demolition is identified, and
(b)  so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(4)  Subclause (3) (b) does not apply if the purpose of the demolition is to gain access to the asbestos.

453   Identification and removal of asbestos before demolition of residential premises

(1)  A person conducting a business or undertaking that is to carry out the demolition of residential premises must ensure:
(a)  that all asbestos that is likely to be disturbed by the demolition is identified, and
(b)  so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  This clause does not apply in an emergency to which clause 455 applies.
(3)  Subclause (1) (b) does not apply if the purpose of the demolition is to gain access to the asbestos.

454   Emergency procedure

(1)  This clause applies if:
(a)  an emergency occurs at a workplace other than residential premises, and
(b)  a structure or plant at the workplace must be demolished, and
(c)  asbestos is fixed to or installed in the structure or plant before the emergency occurs.
(2)  The person with management or control of the workplace must ensure, so far as is reasonably practicable, that:
(a)  before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard, and
(b)  the asbestos register for the workplace is considered in the development of the procedure.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(3)  The person must ensure that the regulator is given written notice about the emergency:
(a)  immediately after the person becomes aware of the emergency, and
(b)  before the demolition is commenced.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(4)  For the purposes of this clause, an emergency occurs if:
(a)  a structure or plant is structurally unsound, or
(b)  collapse of the structure or plant is imminent.

455   Emergency procedure—residential premises

(1)  This clause applies if:
(a)  an emergency occurs at residential premises, and
(b)  a structure or plant at the premises must be demolished, and
(c)  asbestos is fixed to or installed in the structure or plant before the emergency occurs.
(2)  A person conducting a business or undertaking who is to carry out the demolition of the residential premises must ensure so far as is reasonably practicable, that, before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(3)  The person must ensure that the regulator is given written notice about the emergency:
(a)  immediately after the person becomes aware of the emergency, and
(b)  before the demolition is commenced.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(4)  For the purposes of this clause, an emergency occurs if:
(a)  a structure or plant is structurally unsound, or
(b)  collapse of the structure or plant is imminent.

456   Identification and removal of asbestos before refurbishment

(1)  This clause applies if a structure or plant at a workplace is to be refurbished.
(2)  This clause does not apply to residential premises.
(3)  The person with management or control of the workplace, or of the structure or plant, must ensure:
(a)  that all asbestos that is likely to be disturbed by the refurbishment is identified, and
(b)  so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

457   Refurbishment of residential premises

A person conducting a business or undertaking who is to carry out refurbishment of residential premises must ensure:
(a)  that all asbestos that is likely to be disturbed by the refurbishment is identified, and
(b)  so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

Part 8.7 Asbestos removal work

Note. In this Part some duties are placed on licensed asbestos removalists and some on asbestos removalists generally.

458   Duty to ensure asbestos removalist is licensed

(1)  A person conducting a business or undertaking that commissions the removal of asbestos must ensure that the asbestos removal work is carried out by a licensed asbestos removalist who is licensed to carry out the work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  Subclause (1) does not apply if the asbestos to be removed is:
(a)  10 square metres or less of non-friable asbestos or ACD associated with the removal of that amount of non-friable asbestos, or
(b)  ACD that is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.
(3)  If subclause (2) applies, the person conducting the business or undertaking that commissions the asbestos removal work must ensure that the work is carried out by a competent person who has been trained in accordance with clause 445.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

459   Asbestos removal supervisor must be present or readily available

A licensed asbestos removalist must ensure that the nominated asbestos removal supervisor for asbestos removal work is:
(a)  if the asbestos removal work requires a Class A licence—present at the asbestos removal area whenever the asbestos removal work is being carried out, and
(b)  if the asbestos removal work requires a Class B licence—readily available to a worker carrying out asbestos removal work whenever the work is being carried out.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

460   Asbestos removal worker must be trained

(1)  A licensed asbestos removalist must not direct or allow a worker to carry out licensed asbestos removal work unless the removalist is satisfied that the worker holds a certification in relation to the specified VET course for asbestos removal relevant to the class of licensed asbestos removal work to be carried out by the worker.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  A licensed asbestos removalist must provide appropriate training to a worker carrying out licensed asbestos removal work at a workplace to ensure that the work is carried out in accordance with the asbestos removal control plan for the workplace.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  In this clause, appropriate training means training designed specifically for the workplace where the licensed asbestos removal work is carried out and the work to be carried out at the workplace.
Note. Unless this clause applies, the obligation to provide training to workers carrying out unlicensed asbestos removal work is set out in clause 445.

461   Licensed asbestos removalist must keep training records

(1)  A licensed asbestos removalist must keep a record of the training undertaken by a worker carrying out licensed asbestos removal work:
(a)  while the worker is carrying out licensed asbestos removal work, and
(b)  for 5 years after the day the worker stopped carrying out licensed asbestos removal work for the removalist.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

(2)  The licensed asbestos removalist must ensure that the training record is readily accessible at the asbestos removal area and available for inspection under the Act.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

462   Duty to give information about health risks of licensed asbestos removal work

A licensed asbestos removalist must give the following information to a person likely to be engaged to carry out licensed asbestos removal work before the person is engaged to carry out the work:
(a)  the health risks and health effects associated with exposure to asbestos,
(b)  the need for, and details of, health monitoring of a worker carrying out licensed asbestos removal work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

463   Asbestos removalist must obtain register

(1)  A licensed asbestos removalist must obtain a copy of the asbestos register for a workplace before the removalist carries out asbestos removal work at the workplace.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  Subclause (1) does not apply if the asbestos removal work is to be carried out at residential premises.

464   Asbestos removal control plan

(1)  A licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work the removalist is commissioned to undertake.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  An asbestos removal control plan must include:
(a)  details of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used, and
(b)  details of the asbestos to be removed, including the location, type and condition of the asbestos.
(3)  The licensed asbestos removalist must give a copy of the asbestos removal control plan to the person who commissioned the licensed asbestos removal work.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

465   Asbestos removal control plan to be kept and available

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

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(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.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(3)  The licensed asbestos removalist must ensure that, for the period for which the asbestos removal control plan must be kept under this clause, 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 residential premises—the occupants of the premises, and
(b)  available for inspection under the Act.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

466   Regulator must be notified of asbestos removal

(1)  A licensed asbestos removalist must give written notice to the regulator at least 5 days before the removalist commences licensed asbestos removal work.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(2)  Despite subclause (1), licensed asbestos removal work may be commenced immediately if there is:
(a)  a sudden and unexpected event, including a failure of equipment, that may cause persons to be exposed to respirable asbestos fibres, or
(b)  an unexpected breakdown of an essential service that requires immediate rectification to enable the service to continue.
(3)  If the asbestos must be removed immediately, the licensed asbestos removalist must give notice to the regulator:
(a)  immediately by telephone, and
(b)  in writing within 24 hours after notice is given under paragraph (a).

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

(4)  A notice under subclause (1) or (3) must include the following:
(a)  the following in relation to the licensed asbestos removalist:
(i)  name,
(ii)  registered business name,
(iii)  Australian Business Number,
(iv)  licence number,
(v)  business contact details,
(b)  the name and business contact details of the supervisor of the licensed asbestos removal work,
(c)  the name of the competent person or licensed asbestos assessor engaged to carry out a clearance inspection and issue a clearance certificate for the work,
(d)  the name and contact details of the person for whom the work is to be carried out,
(e)  the following in relation to the workplace where the asbestos is to be removed:
(i)  the name, including the registered business or company name, of the person with management or control of the workplace,
(ii)  the address and, if the workplace is large, the specific location of the asbestos removal,
(iii)  the kind of workplace,
(f)  the date of the notice,
(g)  the date when the asbestos removal work is to commence and the estimated duration of the work,
(h)  whether the asbestos to be removed is friable or non-friable,
(i)  if the asbestos to be removed is friable—the way the area of removal will be enclosed,
(j)  the estimated quantity of asbestos to be removed,
(k)  the number of workers who are to carry out the asbestos removal work,
(l)  for each worker who is to carry out asbestos removal work—details of the worker’s competency to carry out asbestos removal work.

467   Licensed asbestos removalist must inform certain persons about intended asbestos removal work

(1)  This clause applies if a licensed asbestos removalist is to carry out licensed asbestos removal work at a workplace.
(2)  The licensed asbestos removalist must, before commencing the licensed asbestos removal work, inform the person with management or control of the workplace:
(a)  that licensed asbestos removal work is to be carried out at the workplace, and
(b)  when the work is to commence.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  If the workplace is residential premises, the licensed asbestos removalist must, so far as is reasonably practicable, before commencing the licensed asbestos removal work, inform the following persons that asbestos removal work is to be carried out at the workplace, and when the work is to commence:
(a)  the person who commissioned the asbestos removal work,
(b)  a person conducting a business or undertaking at the workplace,
(c)  the occupier of the residential premises,
(d)  the owner of the residential premises,
(e)  anyone occupying premises in the immediate vicinity of the workplace.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

468   Person with management or control of workplace must inform persons about asbestos removal work

(1)  This clause applies if the person with management or control of a workplace is informed that asbestos removal work is to be carried out at the workplace.
(2)  The person must ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences:
(a)  the person’s workers and any other persons at the workplace,
(b)  the person who commissioned the asbestos removal work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  The person must take all reasonable steps to ensure that the following persons are informed that asbestos removal work is to be carried out at the workplace and when the work is to commence, before the work commences:
(a)  anyone conducting a business or undertaking at, or in the immediate vicinity of, the workplace,
(b)  anyone occupying premises in the immediate vicinity of the workplace.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

469   Signage and barricades for asbestos removal work

An asbestos removalist must ensure that:
(a)  signs alerting persons to the presence of asbestos are placed to indicate where the asbestos removal work is being carried out, and
(b)  barricades are erected to delineate the asbestos removal area.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

470   Limiting access to asbestos removal area

(1)  This clause 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 subclause (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 this Regulation or another law to be in the asbestos removal area.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(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 subclause (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 subclause (2) (a), (b) or (c) has access to an asbestos removal area, the person must comply with any direction of the licensed asbestos removalist.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

471   Decontamination facilities

(1)  An asbestos removalist must ensure that facilities are available to decontaminate the following:
(a)  the asbestos removal area,
(b)  any plant used in the asbestos removal area,
(c)  workers carrying out asbestos removal work,
(d)  other persons who have access to the asbestos removal area under clause 470 (2) (b).

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  An asbestos removalist must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos removal area unless the thing:
(a)  is decontaminated before being removed, or
(b)  is sealed in a container, and the exterior of the container is, before being removed:
(i)  decontaminated, and
(ii)  labelled in accordance with the GHS to indicate the presence of asbestos.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

472   Disposing of asbestos waste and contaminated personal protective equipment

(1)  Subject to subclauses (2) and (3), an asbestos removalist must ensure that asbestos waste:
(a)  is contained and labelled in accordance with the GHS before the waste is removed from an asbestos removal area, and
(b)  is disposed of as soon as practicable at a site authorised to accept asbestos waste.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  An asbestos removalist must ensure that personal protective equipment used in asbestos removal work and contaminated with asbestos:
(a)  is sealed in a container before being removed from an asbestos waste area, and
(b)  so far as is reasonably practicable, is disposed of on the completion of the asbestos removal work at a site authorised to accept asbestos waste, and
(c)  if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:
(i)  is laundered at a laundry equipped to launder asbestos-contaminated clothing, or
(ii)  if it is not practicable to launder the clothing—is kept in the sealed container until it is re-used for asbestos removal purposes, and
(d)  if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:
(i)  is decontaminated before it is removed from the asbestos removal area, or
(ii)  if it is not practicable to decontaminate the equipment in the asbestos removal area—is kept in the sealed container until it is re-used for asbestos removal purposes.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

Example. Work boots.
(3)  An asbestos removalist must ensure that a sealed container referred to in subclause (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos removal area.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

473   Clearance inspection

(1)  This clause applies if a person commissions licensed asbestos removal work at a workplace.
(2)  The person or, if the workplace is residential premises, the licensed asbestos removalist must ensure that, when the licensed asbestos removal work is completed, a clearance inspection of the asbestos removal area at the workplace is carried out by:
(a)  if the asbestos removal work must be carried out by the holder of a Class A asbestos removal licence—an independent licensed asbestos assessor, or
(b)  in any other case—an independent competent person.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  In this clause, a clearance inspection is an inspection of an asbestos removal area after asbestos removal work has been completed to verify that the area is safe for normal use, that:
(a)  includes a visual inspection, and
(b)  may include air monitoring.
Note. If it is not reasonably practicable for the licensed asbestos assessor or competent person to be independent, the person or licensed asbestos removalist may apply to the regulator for an exemption under Part 11.2 from the requirement that the assessor or competent person be independent.

474   Clearance certificates

(1)  This clause applies if a clearance inspection has been made in accordance with clause 473.
(2)  The licensed asbestos assessor or competent person who carried out the clearance inspection must issue a clearance certificate, in accordance with this clause, before the asbestos removal area at the workplace is re-occupied.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  The licensed asbestos assessor or competent person must ensure that the asbestos removal area does not pose a risk to health and safety from exposure to asbestos.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(4)  The licensed asbestos assessor or competent person must not issue a clearance certificate unless satisfied that:
(a)  the asbestos removal area, and the area immediately surrounding it, are free from visible asbestos contamination, and
(b)  if the assessor or competent person undertook air monitoring as part of the clearance inspection—the monitoring shows asbestos below 0.01 fibres/ml.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(5)  The clearance certificate must be in writing and must state that:
(a)  the assessor or competent person found no visible asbestos residue from asbestos removal work in the area, or in the vicinity of the area, where the work was carried out, and
(b)  if air monitoring was carried out by the assessor or competent person as part of the clearance inspection—the airborne asbestos fibre level was less than 0.01 asbestos fibres/mL.

Part 8.8 Asbestos removal requiring Class A licence

475   Air monitoring—asbestos removal requiring Class A licence

(1)  A person conducting a business or undertaking who commissions asbestos removal work requiring a Class A asbestos removal licence at a workplace must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the workplace.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  If the workplace is residential premises, the licensed removalist carrying out asbestos removal work requiring a Class A asbestos removal licence at the premises must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the premises.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  The air monitoring must be carried out:
(a)  immediately before the licensed asbestos removal work commences, unless glove bags are to be used for the removal, and
(b)  while the licensed asbestos removal work is carried out.
(4)  The person who commissions the licensed asbestos removal work must ensure that the results of the air monitoring are given to the following:
(a)  workers at the workplace,
(b)  health and safety representatives for workers at the workplace,
(c)  a person conducting a business or undertaking at the workplace,
(d)  other persons at the workplace.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(5)  If the workplace is residential premises, the licensed asbestos removalist carrying out the licensed asbestos removal work at the premises must ensure that the results of the air monitoring are given to the following:
(a)  the person who commissioned the asbestos removal work,
(b)  workers at the workplace,
(c)  health and safety representatives for workers at the workplace,
(d)  a person conducting a business or undertaking at the workplace,
(e)  the occupier of the residential premises,
(f)  the owner of the residential premises,
(g)  other persons at the workplace.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(6)  An independent licensed asbestos assessor, who undertakes air monitoring for the purposes of this clause, must use the membrane filter method for the air monitoring.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

476   Action if respirable asbestos fibre level too high

(1)  The licensed removalist carrying out asbestos removal work requiring a Class A asbestos removal licence at a workplace must:
(a)  if respirable asbestos fibre levels are recorded at the asbestos removal area at 0.01 fibres/ml or more, but not more than 0.02 fibres/ml—immediately:
(i)  investigate the cause of the respirable asbestos fibre level, and
(ii)  implement controls to prevent exposure of anyone to asbestos, and
(iii)  prevent the further release of respirable asbestos fibres, and
(b)  if respirable asbestos fibre levels are recorded at the asbestos removal area at more than 0.02 fibres/ml—immediately:
(i)  order the asbestos removal work to stop, and
(ii)  notify the regulator, and
(iii)  investigate the cause of the respirable asbestos fibre level, and
(iv)  implement controls to prevent exposure of anyone to asbestos, and
(v)  prevent the further release of respirable asbestos fibre.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  If the licensed removalist stops asbestos removal work requiring a Class A asbestos removal licence because the recorded respirable asbestos fibre level exceeds 0.02 fibres/ml, the removalist must ensure that the asbestos removal work does not resume until air monitoring shows that the recorded respirable asbestos fibre level is below 0.01 fibres/ml.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

477   Removing friable asbestos

(1)  A licensed asbestos removalist removing friable asbestos must ensure, so far as is reasonably practicable, the following:
(a)  the asbestos removal area is enclosed to prevent the release of respirable asbestos fibres,
(b)  subject to subclause (3), negative pressure is used,
(c)  the wet method of asbestos removal is used,
(d)  subject to subclause (3), the asbestos removal work does not commence until the air monitoring is commenced by a licensed asbestos assessor,
(e)  air monitoring is undertaken during the asbestos removal work, at times decided by the independent licensed asbestos assessor undertaking the monitoring,
(f)  any glove bag used to enclose the asbestos removal area is dismantled and disposed of safely.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  A licensed asbestos removalist must ensure that any enclosure used in removing friable asbestos is tested for leaks.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  Subclauses (1) (b) and (1) (d) do not apply if glove bags are used in the Class A asbestos removal work.
(4)  The licensed removalist must not dismantle an enclosure for a friable asbestos removal area until the removalist receives results of air monitoring, showing that the recorded respirable asbestos fibre level within the enclosure is below 0.01 fibres/ml, from:
(a)  if the friable asbestos is removed from residential premises—the licensed asbestos assessor who undertook the air monitoring, or
(b)  in any other case—the person who commissioned the Class A asbestos removal work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(5)  The licensed removalist must ensure that an enclosure for a friable asbestos removal area is dismantled in a way that, so far as is reasonably practicable, eliminates the release of respirable asbestos fibre.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(6)  The person who commissioned the removal of the friable asbestos must obtain a clearance certificate from a licensed asbestos assessor after the enclosure for the friable asbestos removal area has been dismantled.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

Part 8.9 Asbestos-related work

478   Application of Part 8.9

This Part applies in relation to asbestos-related work.

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.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  For the purposes of subclause (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)  Subclause (1) does not apply if the person assumes that asbestos is present.

480   Duty to give information about health risks of asbestos-related work

A person conducting a business or undertaking must give the following information to a person likely to be engaged to carry out asbestos-related work for the business or undertaking before the person is engaged to carry out the work:
(a)  the health risks and health effects associated with exposure to asbestos,
(b)  the need for, and details of, health monitoring of a worker carrying out asbestos-related work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

481   Asbestos-related work to be in separate area

A person conducting a business or undertaking that involves the carrying out of asbestos-related work must ensure that:
(a)  the asbestos-related work area is separated from other work areas at the workplace, and
(b)  signs alerting persons to the presence of asbestos are placed to indicate where the asbestos-related work is being carried out, and
(c)  barricades are erected to delineate the asbestos-related work area.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

482   Air monitoring

(1)  A person conducting a business or undertaking at a workplace must ensure that a competent person carries out air monitoring of the work area where asbestos-related work is being carried out if there is uncertainty as to whether the exposure standard is likely to be exceeded.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  If the competent person determines that the exposure standard has been exceeded at any time in a work area, the person conducting the business or undertaking must, so far as is reasonably practicable:
(a)  determine the workers and other persons who were in the work area during that time: and
(b)  warn those workers about possible exposure to respirable asbestos fibres, and
(c)  so far as is reasonably practicable, warn the other persons about possible exposure to respirable asbestos fibres.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(3)  The person conducting the business or undertaking must ensure that information about exposure to respirable asbestos fibres, including the determination made by the competent person and the results of the air monitoring, is readily accessible to the workers and other persons referred to in subclause (2).

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

483   Decontamination facilities

(1)  A person conducting a business or undertaking for which asbestos-related work is carried out must ensure that facilities are available to decontaminate the following:
(a)  the asbestos-related work area,
(b)  any plant used in the asbestos-related work area,
(c)  workers carrying out the asbestos-related work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  The person must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos-related work area unless the thing:
(a)  is decontaminated before being removed, or
(b)  is sealed in a container, and the exterior of the container is:
(i)  decontaminated, and
(ii)  labelled in accordance with the GHS to indicate the presence of asbestos,
before being removed.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

484   Disposing of asbestos waste and contaminated personal protective equipment

(1)  Subject to subclause (2), a person conducting a business or undertaking for which asbestos-related work is carried out must ensure that asbestos waste:
(a)  is contained and labelled in accordance with the GHS before the waste is removed from an asbestos-related work area, and
(b)  is disposed of as soon as practicable at a site authorised to accept asbestos waste.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

(2)  The person must ensure that personal protective equipment used in asbestos-related work and contaminated with asbestos:
(a)  is sealed in a container, and that the exterior of the container is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed, and
(b)  so far as is reasonably practicable, is disposed of on the completion of the asbestos-related work at a site authorised to accept asbestos waste, and
(c)  if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:
(i)  is laundered at a laundry equipped to launder asbestos-contaminated clothing, or
(ii)  if it is not practicable to launder the clothing, is kept in the sealed container until it is re-used for the purposes of asbestos-related work, and
(d)  if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:
(i)  is decontaminated before it is removed from the asbestos removal area, or
(ii)  if it is not practicable to decontaminate the equipment in the asbestos removal area, is kept in the sealed container until it is re-used for the purposes of asbestos-related work.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

Example. Work boots.
(3)  The person must ensure that a sealed container referred to in subclause (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos-related work area.

Maximum penalty:

(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.

Part 8.10 Licensing of asbestos removalists and asbestos assessors

Division 1 Asbestos removalists—requirement to be licensed

485   Requirement to hold Class A asbestos removal licence

(1)  A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class A asbestos removal licence:
(a)  friable asbestos,
(b)  except as provided in clause 486, ACD.
Note. See section 43 (1) of the Act.
(2)  A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class A asbestos removal licence:
(a)  friable asbestos,
(b)  except as provided in clause 486, ACD.
Note. See section 43 (2) of the Act.

486   Exception to requirement to hold Class A asbestos removal licence

A Class A asbestos removal licence is not required for the removal of ACD that:
(a)  is associated with the removal of non-friable asbestos, or
(b)  is not associated with the removal of friable or non-friable asbestos and is only a minor contamination.

487   Requirement to hold Class B asbestos removal licence

(1)  A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class B asbestos removal licence or a Class A asbestos removal licence:
(a)  more than 10 square metres of non-friable asbestos or ACM,
(b)  ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.
Note. See section 43 (1) of the Act.
(2)  A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class B asbestos removal licence or a Class A asbestos removal licence:
(a)  more than 10 square metres of non-friable asbestos or ACM,
(b)  ACD associated with the removal of more than 10 square metres of non-friable asbestos or ACM.
Note. See section 43 (2) of the Act.

488   Recognition of asbestos removal licences in other jurisdictions

(1)  In this Division, a reference to an asbestos removal licence includes a reference to an equivalent licence:
(a)  granted under a corresponding WHS law, and
(b)  that is being used in accordance with the terms and conditions under which it was granted.
(2)  Subclause (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

Division 2 Asbestos assessors—requirement to be licensed

489   Requirement to hold asbestos assessor licence

A person must not carry out the following at a workplace unless the person holds an asbestos assessor licence:
(a)  air monitoring during Class A asbestos removal work,
(b)  clearance inspections for Class A asbestos removal work,
(c)  issuing clearance certificates in relation to Class A asbestos removal work.
Note. See section 43 (1) of the Act.

490   Recognition of asbestos assessor licences in other jurisdictions

(1)  In this Division, a reference to an asbestos assessor licence includes a reference to an equivalent licence:
(a)  granted under a corresponding WHS law, and
(b)  that is being used in accordance with the terms and conditions under which it was granted.
(2)  Subclause (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

Division 3 Licensing process

491   Who may apply for a licence

(1)  Only a person who conducts, or proposes to conduct, a business or undertaking may apply for an asbestos removal licence.
(2)  Only an individual who holds the qualifications set out in clause 493, 494 or 495 (as applicable) may apply for an asbestos assessor licence.

492   Application for asbestos removal licence or asbestos assessor licence

(1)  An application for an asbestos removal licence or asbestos assessor licence must be made in the manner and form required by the regulator.
(2)  The application must include the following information:
(a)  the applicant’s name,
(b)  any other evidence of the applicant’s identity required by the regulator,
(c)  the class of licence to which the application relates,
(d)  if, in the case of an asbestos removal licence, the applicant conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name,
(e)  a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law,
(f)  if the applicant is an individual:
(i)  a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or this Regulation or under any corresponding WHS law, and
(ii)  details of any conviction or finding of guilt declared under subparagraph (i), and
(iii)  a declaration as to whether or not the applicant has been convicted or found guilty of any offence in relation to the unlawful disposal of hazardous waste under the Protection of the Environment Operations Act 1997, and
(iv)  details of any conviction or finding of guilt declared under subparagraph (iii), and
(v)  a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law, and
(vi)  details of any enforceable undertaking declared under subparagraph (v), and
(vii)  if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal, and
(viii)  if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration:
(A)  describing any condition imposed on that licence, and
(B)  stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence, and
(C)  giving details of any suspension, cancellation or disqualification,
(g)  if the applicant is a body corporate, the information referred to in paragraph (f) in relation to:
(i)  the body corporate, and
(ii)  each officer of the body corporate,
(h)  in the case of an application for an asbestos removal licence—the additional information referred to in clause 493 or 494, as applicable,
(i)  in the case of an asbestos assessor licence—the additional information referred to in clause 495.
Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(3)  The application must be accompanied by the relevant fee.

493   Content of application—Class A asbestos removal licence

(1)  For the purposes of clause 492 (2) (h), an application for a Class A asbestos removal licence must include the following:
(a)  the names of 1 or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence,
(b)  evidence, as required by the regulator, that each named supervisor is at least 18 years of age,
(c)  a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work,
(d)  evidence that each named supervisor has at least 3 years of relevant industry experience,
(e)  evidence that the applicant has a certified safety management system in place.
(2)  If the applicant is an individual who proposes to supervise the carrying out of the Class A asbestos removal work, the statement and information referred to in subclause (1) (b), (c) and (d) must relate to the applicant.

494   Content of application—Class B asbestos removal licence

(1)  For the purposes of clause 492 (2) (h), an application for a Class B asbestos removal licence must include the following:
(a)  the name of 1 or more competent persons who have been engaged by the applicant to supervise the asbestos removal work to be authorised by the licence,
(b)  evidence, as required by the regulator, that each named supervisor is at least 18 years of age,
(c)  a copy of a certification issued to each named supervisor for the specified VET course for the supervision of asbestos removal work,
(d)  evidence that each named supervisor has at least 1 year of relevant industry experience.
(2)  If the applicant is an individual who proposes to supervise the carrying out of the Class B asbestos removal work, the statement and information referred to in subclause (1) (b), (c) and (d) must relate to the applicant.

495   Content of application—asbestos assessor licence

For the purposes of clause 492 (2) (i), an application for an asbestos assessor licence must include:
(a)  evidence that the applicant has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice, and
(b)  either:
(i)  a copy of a certification held by the applicant in relation to the specified VET course for asbestos assessor work, or
(ii)  evidence that the applicant holds a tertiary qualification in occupational health and safety, industrial hygiene, science, building construction or environmental health.

496   Additional information

(1)  If an application for a licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.
(2)  A request for additional information must:
(a)  specify the date (not being less than 28 days after the request) by which the additional information is to be given, and
(b)  be confirmed in writing.
(3)  If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.
(4)  The regulator may make more than 1 request for additional information.

497   Decision on application

(1)  Subject to subclause (3), the regulator must grant an asbestos removal licence or asbestos assessor licence if satisfied about:
(a)  the matters referred to in subclause (2), and
(b)  the additional matters referred to in clause 498 or 499, as applicable.
(2)  The regulator must be satisfied about the following:
(a)  the application has been made in accordance with this Regulation,
(b)  the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal,
(c)  if the applicant is an individual, the applicant:
(i)  resides in this jurisdiction, or
(ii)  resides outside this jurisdiction and circumstances exist that justify the grant of the licence,
(d)  if the applicant is a body corporate, the applicant’s registered office:
(i)  is located in this jurisdiction, or
(ii)  is located outside this jurisdiction and circumstances exist that justify the grant of the licence,
(e)  the applicant is able to ensure that the work or other activities to which the licence relates are carried out safely and competently,
(f)  the applicant is able to ensure compliance with any conditions that will apply to the licence.
(3)  The regulator must refuse to grant a licence if satisfied that:
(a)  the applicant is disqualified under a corresponding WHS law from holding an equivalent licence, or
(b)  the applicant, in making the application, has:
(i)  given information that is false or misleading in a material particular, or
(ii)  failed to give any material information that should have been given.
(4)  If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.
(5)  If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under clause 496, the regulator is taken to have refused to grant the licence applied for.
Note. A refusal to grant a licence (including under subclause (5)) is a reviewable decision (see clause 676).

498   Class A asbestos removal licence—regulator to be satisfied about additional matters

For the purposes of clause 497 (1) (b), in relation to a Class A asbestos removal licence, the regulator must be satisfied that:
(a)  each supervisor named by the applicant:
(i)  is at least 18 years of age, and
(ii)  holds a certification for:
(A)  the specified VET course for the supervision of asbestos removal work, and
(B)  the specified VET course for the Class A asbestos removal work and Class B asbestos removal work, and
(iii)  has at least 3 years of relevant industry experience, and
(b)  the applicant has a certified safety management system in place.

499   Class B asbestos removal licence—regulator to be satisfied about additional matters

For the purposes of clause 497 (1) (b), in relation to a Class B asbestos removal licence the regulator must be satisfied that each supervisor named by the applicant:
(a)  is at least 18 years of age, and
(b)  holds a certification for:
(i)  the specified VET course for the supervision of asbestos removal work, and
(ii)  the specified VET course for the Class B asbestos removal work, and
(c)  has at least 1 year of relevant industry experience.

500   Matters to be taken into account

(1)  For the purposes of clause 497 (2) (e) and (f), the regulator must have regard to all relevant matters, including the following:
(a)  any offence under the Act or this Regulation or under a corresponding WHS law of which the applicant has been convicted or found guilty,
(b)  any offence in relation to the unlawful disposal of hazardous waste under the Protection of the Environment Operations Act 1997 of which the applicant has been convicted or found guilty,
(c)  any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law,
(d)  in relation to any equivalent licence applied for or held by the applicant under the Act or this Regulation or under a corresponding WHS law:
(i)  any refusal to grant the licence, and
(ii)  any condition imposed on the licence, if granted, and
(iii)  any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence,
(e)  the record of the applicant in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
(2)  For the purposes of clause 497 (2) (e) and (f), if the applicant is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subclause (1), in relation to:
(i)  the body corporate, and
(ii)  each officer of the body corporate.

501   Refusal to grant licence—process

(1)  If the regulator proposes to refuse to grant a licence, the regulator must give the applicant a written notice:
(a)  informing the applicant of the reasons for the proposed refusal, and
(b)  advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.
(2)  After the date specified in a notice under subclause (1), the regulator must:
(a)  if the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission, and
(b)  whether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence, and
(c)  within 14 days after making the decision, give the applicant written notice of the decision, including the reasons for the decision.
Note. A refusal to grant a licence is a reviewable decision (see clause 676).

502   Conditions of licence

(1)  The regulator may impose any conditions it considers appropriate on an asbestos removal licence or asbestos assessor licence.
(2)  Without limiting subclause (1), the regulator may impose conditions in relation to 1 or more of the following:
(a)  control measures which must be implemented in relation to the carrying out of work or activities under the licence,
(b)  the recording or keeping of information,
(c)  requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence,
(d)  the provision of information to the regulator,
(e)  the nature of work or activities authorised by the licence,
(f)  the circumstances in which work or activities authorised by the licence may be carried out.
Notes. 

1   A person must comply with the conditions of a licence (see section 45 of the Act).

2   A decision to impose a condition on a licence is a reviewable decision (see clause 676).

503   Duration of licence

Subject to this Part, an asbestos removal licence or asbestos assessor licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.

504   Licence document

(1)  If the regulator grants an asbestos removal licence or asbestos assessor licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.
(2)  The licence document must include the following:
(a)  the name of the licence holder,
(b)  if the licence holder conducts the business or undertaking under a business name—that business name,
(c)  in the case of an asbestos removal licence—the class of asbestos removal licence and a description of the work within the scope of the licence,
(d)  any conditions imposed on the licence by the regulator,
(e)  the date on which the licence was granted,
(f)  the expiry date of the licence.

505   Licence document to be available

(1)  A licence holder must keep the licence document available for inspection under the Act.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

(2)  Subclause (1) does not apply if the licence document is not in the licence holder’s possession because:
(a)  it has been returned to the regulator under clause 512, and
(b)  the licence holder has applied for, but has not received, a replacement licence document under clause 513.

Division 4 Amendment of licence and licence document

506   Changes to information

(1)  The licence holder of an asbestos removal licence or asbestos assessor licence must give the regulator written notice of any change to any material particular in any information given at any time by the licence holder to the regulator in relation to the licence within 14 days after the licence holder becomes aware of the change.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

(2)  Subclause (1) applies whether the information was given in the application for grant or renewal of the licence or in any other circumstance.

507   Change to nominated supervisor

(1)  If there is a change in relation to a supervisor named to the regulator by the holder of an asbestos removal licence (other than a licence holder who is an individual), the licence holder must:
(a)  if the change is to remove a supervisor—within 14 days after the change, ask the regulator to amend the licence under clause 509 to make that change, and
(b)  if the change is to add a supervisor—give the regulator the information about the supervisor referred to in clause 498 or 499.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

(2)  If the change referred to in subclause (1) is to add a supervisor, that supervisor is not a nominated supervisor for the purposes of this Regulation until the regulator has approved the nomination.

508   Amendment imposed by regulator

(1)  The regulator may, on its own initiative, amend an asbestos removal licence or asbestos assessor licence, including by amending the licence to:
(a)  vary or delete a condition of the licence, or
(b)  impose a new condition on the licence.
(2)  If the regulator proposes to amend a licence, the regulator must give the licence holder written notice:
(a)  setting out the proposed amendment and the reasons for it, and
(b)  advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.
(3)  After the date specified in a notice under subclause (2), the regulator must:
(a)  if the licence holder has made a submission in relation to the proposed amendment—consider that submission, and
(b)  whether or not the licence holder has made a submission—decide:
(i)  to make the proposed amendment, or
(ii)  not to make any amendment, or
(iii)  to make a different amendment that results from consideration of any submission made by the licence holder, and
(c)  within 14 days after making that decision, give the licence holder written notice that:
(i)  sets out the amendment, if any, or states that no amendment is to be made, and
(ii)  if a submission was made in relation to the proposed amendment—sets out the regulator’s reasons for making the amendment, and
(iii)  specifies the date (being not less than the 28 days after the licence holder is given the notice) on which the amendment, if any, takes effect.
Note. A decision to amend a licence is a reviewable decision (see clause 676).

509   Amendment on application by licence holder

(1)  The regulator, on application by the licence holder, may amend an asbestos removal licence or asbestos assessor licence, including by amending the licence to vary or delete a condition of the licence.
(2)  If the regulator proposes to refuse to amend the licence, the regulator must give the licence holder a written notice:
(a)  informing the licence holder of the proposed refusal to amend the licence and the reasons for the proposed refusal, and
(b)  advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.
(3)  After the date specified in a notice under subclause (2), the regulator must:
(a)  if the licence holder has made a submission in relation to the proposed refusal—consider that submission, and
(b)  whether or not the licence holder has made a submission—decide:
(i)  to make the amendment applied for, or
(ii)  not to make any amendment, or
(iii)  to make a different amendment that results from consideration of any submission made by the licence holder, and
(c)  within 14 days after making that decision, give the licence holder written notice of the decision in accordance with this clause.
(4)  If the regulator makes the amendment applied for, the notice under subclause (3) (c) must specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.
(5)  If the regulator refuses to make the amendment applied for or makes a different amendment, the notice under subclause (3) (c) must:
(a)  if a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the regulator’s decision, and
(b)  if the regulator makes a different amendment:
(i)  set out the amendment, and
(ii)  specify the date (being not less than 28 days after the licence holder is given the notice) on which the amendment takes effect.
Note. A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see clause 676).

510   Minor corrections to licence

The regulator may make minor amendments to a licence, including an amendment:
(a)  to correct an obvious error, or
(b)  to change an address, or
(c)  that does not impose a significant burden on the licence holder.

511   Regulator to give amended licence to the holder

If the regulator amends an asbestos removal licence or asbestos assessor licence and considers that the licence document requires amendment, the regulator must give the licence holder an amended licence document within 14 days after making the decision to amend the licence.

512   Licence holder to return licence

The holder of an asbestos removal licence or asbestos assessor licence that has been amended must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

513   Replacement licence document

(1)  A licence holder of an asbestos removal licence or an asbestos assessor licence must give written notice to the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

(2)  If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.
Note. A licence holder is required to keep the licence document available for inspection (see clause 505).
(3)  An application for a replacement licence document must be made in the manner and form required by the regulator.
(4)  The application must:
(a)  include a declaration describing the circumstances in which the original document was lost, stolen or destroyed, and
Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(b)  be accompanied by the relevant fee.
(5)  The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.
(6)  If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.
Note. A refusal to issue a replacement licence document is a reviewable decision (see clause 676).

514   Voluntary surrender of licence

(1)  A licence holder may voluntarily surrender the licence document to the regulator.
(2)  The licence expires on the surrender of the licence document.

Division 5 Renewal of licence

515   Regulator may renew licence

The regulator may renew an asbestos removal licence or asbestos assessor licence on application by the licence holder.

516   Application for renewal

(1)  An application for renewal of an asbestos removal licence or asbestos assessor licence must be made in the manner and form required by the regulator.
(2)  The application must include the following information:
(a)  the name and address of the applicant,
(b)  evidence of the applicant’s identity,
(c)  if required by the regulator of an applicant who is an individual, a recent photograph of the applicant,
(d)  written evidence that the applicant has obtained any retraining or reassessment or taken any other action required under clause 502,
(e)  a declaration by the applicant that the applicant or a supervisor named by the applicant, as applicable, has maintained the competency required to carry out the work covered by the licence.
Note. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(3)  The application must be accompanied by the relevant fee.
(4)  The application must be made before the expiry of the licence.

517   Provisions relating to renewal of licence

(1)  For the purposes of this Division:
(a)  clause 496 applies as if a reference in that clause to an application for a licence were a reference to an application to renew a licence, and
(b)  clauses 497 (except subclause (5)), 500, 502 and 503 apply as if a reference in those clauses to the grant of a licence were a reference to the renewal of a licence, and
(c)  clause 501 applies as if a reference in that clause to a refusal to grant a licence were a reference to a refusal to renew a licence.
(2)  The regulator must not renew an asbestos removal licence unless the regulator is satisfied about the matters referred to in clause 518.
(3)  The regulator must not renew an asbestos removal licence or asbestos assessor licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.
(4)  If a licence holder applies under clause 516 for the renewal of an asbestos removal licence or asbestos assessor licence, the licence is taken to continue in force from the day it would, apart from this subclause, have expired until the licence holder is given notice of the decision on the application.
Note. A refusal to renew a licence is a reviewable decision (see clause 676).

518   Renewal of asbestos removal licence—regulator to be satisfied about certain matters

For the purposes of clause 517, the regulator must not renew an asbestos removal licence unless satisfied that:
(a)  each supervisor named by the applicant:
(i)  holds a certification for the specified VET course for supervision of the asbestos removal work to be authorised by the licence, and
(ii)  has appropriate experience in the asbestos removal work to be authorised by the licence, and
(b)  asbestos removal work of the type authorised by the licence has been carried out on behalf of the applicant during the term of the licence.

519   Status of licence during review

(1)  This clause applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.
(2)  If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:
(a)  the expiry of the licence,
(b)  the end of the time for applying for an internal review.
(3)  If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:
(a)  the licence holder withdraws the application for review,
(b)  the regulator makes a decision on the review.
(4)  If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.
(5)  If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:
(a)  the licence holder withdraws the application for review,
(b)  the Civil and Administrative Tribunal makes a decision on the review.
(6)  The licence continues to have effect under this clause even if its expiry date passes.

Division 6 Suspension and cancellation of licence

520   Suspension or cancellation of licence

(1)  The regulator may suspend or cancel an asbestos removal licence or asbestos assessor licence if satisfied about 1 or more of the following:
(a)  the licence holder has failed to ensure that the work or other activities authorised by the licence are carried out safely and competently,
(b)  the licence holder has failed to ensure compliance with a condition of the licence, including a condition requiring the licence holder, or a nominated supervisor of the licence holder, to undergo retraining or reassessment during the term of the licence,
(c)  the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information:
(i)  gave information that was false or misleading in a material particular, or
(ii)  failed to give any material information that should have been given in that application or on that request,
(d)  in relation to an asbestos removal licence—the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body,
(e)  in relation to a Class A asbestos removal licence—the licence holder has failed to have a certified safety management system in place.
(2)  It is a ground for the suspension or cancellation of an asbestos removal licence if the licence holder does not have a qualified nominated asbestos removal supervisor.
Note. Clause 507 provides for a licence holder to notify the regulator of any change in a nominated supervisor.
(3)  For the purposes of subclause (1) (b), a licence holder complies with a condition on the licence that requires the licence holder or a nominated supervisor of the licence holder to undergo retraining or reassessment during the term of the licence if the licence holder provides a certification in relation to that retraining or reassessment.
(4)  If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for:
(a)  a further licence of the same type, or
(b)  another licence under this Regulation to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.
Note. A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see clause 676).

521   Matters taken into account

(1)  In making a decision under clause 520, the regulator must have regard to:
(a)  any submissions made by the licence holder under clause 522, and
(b)  any advice received from a corresponding regulator.
(2)  For the purposes of clause 520 (1) (a) and (b), if the licence holder is an individual, the regulator must have regard to all relevant matters, including the following:
(a)  any offence under the Act or this Regulation or under a corresponding WHS law, of which the licence holder has been convicted or found guilty,
(b)  any enforceable undertaking the licence holder has entered into under this Act or a corresponding WHS law,
(c)  in relation to any equivalent licence applied for or held by the licence holder under the Act or this Regulation or under a corresponding WHS law:
(i)  any refusal to grant the licence, and
(ii)  any condition imposed on the licence, if granted, and
(iii)  any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence,
(d)  the record of the licence holder in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law.
(3)  For the purposes of clause 520 (1) (a) and (b), if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subclause (2), in relation to:
(i)  the body corporate, and
(ii)  each officer of the body corporate.

522   Notice to and submissions by licence holder

Before suspending or cancelling an asbestos removal licence or asbestos assessor licence, the regulator must give the licence holder a written notice of the proposed suspension or cancellation and any proposed disqualification:
(a)  outlining all relevant allegations, facts and circumstances known to the regulator, and
(b)  advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.

523   Notice of decision

(1)  The regulator must give the licence holder written notice of a decision under clause 520 to suspend or cancel an asbestos removal licence or asbestos assessor licence within 14 days after making the decision.
(2)  The notice must:
(a)  state that the licence is to be suspended or cancelled, and
(b)  if the licence is to be suspended, state:
(i)  when the suspension begins and ends, and
(ii)  the reasons for the suspension, and
(iii)  whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends, and
(iv)  whether or not the licence holder is disqualified from applying for a further licence during the suspension, and
(c)  if the licence is to be cancelled, state:
(i)  when the cancellation takes effect, and
(ii)  the reasons for the cancellation, and
(iii)  whether or not the licence holder is disqualified from applying for a further licence, and
(d)  if the licence holder is disqualified from applying for a further licence, state:
(i)  when the disqualification begins and ends, and
(ii)  the reasons for the disqualification, and
(iii)  whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends, and
(iv)  any other class of licence under this Regulation that the licence holder is disqualified from applying for, and
(e)  state when the licence document must be returned to the regulator.

524   Immediate suspension

(1)  The regulator may suspend an asbestos removal licence or asbestos assessor licence on a ground referred to in clause 520 without giving notice under clause 522, if satisfied that:
(a)  work carried out under the licence should cease because the work may involve an imminent serious risk to the health or safety of any person, or
(b)  a corresponding regulator has suspended an equivalent licence held by the licence holder under this clause as applying in the corresponding jurisdiction.
(2)  If the regulator decides to suspend a licence under this clause:
(a)  the regulator must give the licence holder written notice of the suspension and the reasons for the suspension, and
(b)  the suspension of the licence takes effect on the giving of the notice.
(3)  The regulator must then:
(a)  give notice under clause 522 within 14 days after giving the notice under subclause (2), and
(b)  make its decision under clause 520.
(4)  If the regulator does not give notice under subclause (3), the suspension ends at the end of the 14 day period.
(5)  If the regulator gives notice under subclause (3), the licence remains suspended until the decision is made under clause 520.

525   Licence holder to return licence document

A licence holder, on receiving a notice under clause 523, must return the licence document to the regulator in accordance with the notice.

Maximum penalty:

(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.

526   Regulator to return licence document after suspension

The regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.

Division 7 General

527   Asbestos removal licence register

The regulator must keep a register of:
(a)  each person holding an asbestos removal licence, and
(b)  each supervisor named to the regulator in relation to an asbestos removal licence.

528   Asbestos assessors register

The regulator must keep a publicly available register of each person holding an asbestos assessor licence.

529   Work must be supervised by named supervisor

A person who holds an asbestos removal licence must ensure that asbestos removal work authorised by the licence is supervised by a supervisor named to the regulator by the licence holder.

Maximum penalty:

(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.

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