Dangerous Substances (Asbestos) Amendment Act 2005 (ACT)

Dangerous Substances (Asbestos) Amendment Act 2005

A2005-3

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Commencement

   
   

   Section 2 (3)  2

5. Section 5, new section 47J (1)  2

6. Section 5, new section 47J (2)  2

7. Section 5, new section 47J (4), definition of person at risk  3

8. Section 5, new section 47J (4), definition of required information           3

9. Section 5, new section 47J (4), new definition of tenant  3

10. Section 5, new section 47K (4), definition of required information           4

Dangerous Substances (Asbestos) Amendment Act 2005

A2005-3

An Act to amend the Dangerous Substances (Asbestos) Amendment Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Dangerous Substances (Asbestos) Amendment Act 2005.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Dangerous Substances (Asbestos) Amendment Act 2004.

4. Commencement
   Section 2 (3)

   substitute

   (3)Section 5 commences on 4 April 2005.

5. Section 5, new section 47J (1)

   omit

   , or ought reasonably to know,

6. Section 5, new section 47J (2)

   substitute

   (2)The owner or occupier has a duty of care to a relevant person to tell the person, in writing, what the owner or occupier knows about the asbestos at the premises.

   NoteIf a form is approved under s 222 for this provision, the form must be used.

   (2A)To remove any doubt, this section does not require an owner or occupier of premises to find out whether there is asbestos, or anything about the location or condition of any asbestos, at the premises.

   Example

   An owner or occupier is not required to obtain an asbestos report for the premises.

   Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

7. Section 5, new section 47J (4), definition of person at risk

   substitute

   relevant person, for premises, means—

   (a)a person doing relevant work at the premises; or

   (b)a person who is, or is likely to be, a purchaser of the premises; or

   (c)a person who is a tenant of the premises.

8. Section 5, new section 47J (4), definition of required information

   omit

9. Section 5, new section 47J (4), new definition of tenant

   insert

   tenant, for premises, means—

   (a)someone who is a tenant for the premises under the Leases (Commercial and Retail) Act 2001, dictionary, definition of tenant; or

   (b)someone who is a tenant for the premises under the Residential Tenancies Act 1997, section 6, definition of tenant; or

   (c)a person prescribed by regulation for this paragraph;

   but does not include a person declared by regulation not to be a tenant.

   NoteUnder the definitions of tenant in the Leases (Commercial and Retail) Act 2001 and the Residential Tenancies Act 1997, a ‘tenant’ includes a prospective tenant.

10. Section 5, new section 47K (4), definition of required information

    substitute

    required information, about asbestos, means—

    (a)up-to-date information about the location and condition of the asbestos; and

    (b)any other information prescribed by regulation.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 15 February 2005.

2. Notification

   Notified under the Legislation Act on 22 February 2005.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Dangerous Substances (Asbestos) Amendment Bill 2005, which was passed by the Legislative Assembly on 17 February 2005.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2005