Dust Diseases Variation Regulations 2009 (SA)

South Australia

Dust Diseases Variation Regulations 2009

under the Dust Diseases Act 2005

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Dust Diseases Regulations 2006

1. Variation of regulation 4—Prescribed industrial and commercial processes—section 8(2)

2. Substitution of Schedule 1

   Schedule 1—Prescribed industrial and commercial processes (regulation 4)

   1Interpretation

   2Prescribed industrial and commercial processes

Part 1—Preliminary

1—Short title

These regulations may be cited as the Dust Diseases Variation Regulations 2009.

2—Commencement

These regulations will come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Dust Diseases Regulations 2006

4—Variation of regulation 4—Prescribed industrial and commercial processes—section 8(2)

1. Regulation 4(1)—delete "column 1 of the table in Schedule 1" and substitute:

   column 2 of the table in Schedule 1 clause 2

2. Regulation 4(2)—delete "column 2 of the table in Schedule 1" and substitute:

   column 3 of the table in Schedule 1 clause 2

5—Substitution of Schedule 1

Schedule 1—delete Schedule 1 and insert:

Schedule 1—Prescribed industrial and commercial processes (regulation 4)

1—Interpretation

In this Schedule—

prescribed business means a business (whether incorporated or otherwise) that, at the time the relevant industrial or commercial process occurred, employed more than 20 persons.

2—Prescribed industrial and commercial processes

Industrial or commercial process	Relevant date
1	Mining or milling of asbestos, or associated packing or transportation of asbestos	1 January 1940
2	Manufacture of products containing asbestos	1 January 1940
3	Packing or transportation of products containing asbestos by the manufacturer of the products	1 January 1940
4	Sale or supply of products containing asbestos by the manufacturer of the products	1 January 1940
5	Use of products containing asbestos by the manufacturer of the products	1 January 1940
6	Design of any object or thing containing asbestos or products containing asbestos—
(a)    in the case of a prescribed business	1 January 1960
(b)    in any other case	1 July 1971
7	Sale (whether wholesale or retail) or other supply of products containing asbestos by a person other than the manufacturer of the product—
(a)    in the case of a prescribed business	1 January 1960
(b)    in any other case	1 July 1971
8	Installation of products containing asbestos (whether in buildings, plant and equipment, vehicles or vessels or otherwise)—
(a)    in the case of a prescribed business	1 January 1960
(b)    in any other case	1 July 1971
9	Use of products containing asbestos by a person other than the manufacturer of the product—
(a)    in the case of a prescribed business	1 January 1960
(b)    in any other case	1 July 1971
10	Any industrial or commercial process involving asbestos or products containing asbestos (not being a process referred to in items 1 to 9 above, and not including where the only involvement of asbestos or products containing asbestos in the process is the presence of asbestos or the product in a structure comprising or forming part of the premises in which the process occurred)	1 January 1976

Made by the Governor

with the advice and consent of the Executive Council

on 29 October 2009

No 252 of 2009

AGO0102/07CS