Health (Asbestos) Amendment Regulations 2016 (WA)

No judgment structure available for this case.

10 January 2017 GOVERNMENT GAZETTE, WA 199

Health Act 1911

Health (Asbestos) Amendment Regulations 2016
Made by the Governor in Executive Council.
1. Citation

These regulations are the Health (Asbestos) Amendment
Regulations 2016.

2. Commencement
These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these
regulations are published in the Gazette;

(b) the rest of the regulations — on the day on which the
Public Health (Consequential Provisions) Act 2016
section 5 comes into operation.

3. Regulations amended

These regulations amend the Health (Asbestos)
Regulations 1992.

4. Regulation 6 amended

(1) In regulation 6:

(a) in paragraph (a) delete “approval;” and insert:
approval; or

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Health (Asbestos) Amendment Regulations 2016
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(b) in paragraph (b) delete “Regulations 2000;” and insert:
Regulations 2004; or

(2) At the end of regulation 6 insert:
Penalty: a fine of $10 000.

5. Regulation 7 amended

(1) In regulation 7(1)(a)(ii) delete “Regulations 2000;” and insert:
Regulations 2004;
(2) At the end of regulation 7(1) insert:
Penalty for this subregulation: a fine of $10 000.

(3) At the end of regulation 7(3) insert:
Penalty for this subregulation: a fine of $10 000.

(4) In regulation 7(4)(f) delete “Regulations 2000” and insert:
Regulations 2004
6. Regulation 7A amended

(1) At the end of regulation 7A(1) insert:
Penalty for this subregulation: a fine of $10 000.

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Health (Asbestos) Amendment Regulations 2016

r. 7

(2) Delete regulation 7A(3) and (4) and insert:

(3) A person who fails to comply with a condition imposed
on an approval under subregulation (2) commits an
offence.
Penalty for this subregulation: a fine of $10 000.

(4) A person who cuts or deliberately breaks an asbestos
cement product for the purpose of, or in the course of,
moving a dwelling-house built wholly or partly with an
asbestos cement product commits an offence.
Penalty for this subregulation: a fine of $10 000.

7. Regulation 8 amended
At the end of regulation 8(4) insert:
Penalty for this subregulation: a fine of $10 000.

8. Regulation 8A amended

(1) In regulation 8A(2) delete “shall” and insert:
must
(2) After regulation 8A(2) insert:

(3) A person who fails to comply with the requirement to
pay for expenses incurred by the local government
under subregulation (2) commits an offence.
Penalty for this subregulation: a fine of $10 000.

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Health (Asbestos) Amendment Regulations 2016
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9. Regulation 9 amended
At the end of regulation 9(3) insert:
Penalty for this subregulation: a fine of $10 000.

10. Regulation 11 replaced
Delete regulation 11 and insert:
11. Asbestos for disposal to be separated and contained

(1) Subject to subregulation (2), a person commits an
offence if the person —

(a)

supplies material containing asbestos to another person for the purpose of having that other person dispose of it; or
(b) transports material containing asbestos.

Penalty for this subregulation: a fine of $10 000.

(2) Subregulation (1) does not apply if the material
containing asbestos —

(a) is separated from other material for disposal where reasonably practicable; and
(b) is wrapped in plastic so as to prevent asbestos fibres entering the atmosphere or is contained in such other manner as is approved in writing by the Chief Health Officer.

11. Regulation 12 amended

(1) In regulation 12(1) delete “shall” and insert:
must

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Health (Asbestos) Amendment Regulations 2016

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(2) After regulation 12(1) insert:

(2) A person who fails to comply with subregulation (1)
commits an offence.
Penalty for this subregulation: a fine of $10 000.

12.           Regulation 14 amended

(1) In regulation 14(2) delete “shall —” and insert:
must —
(2) In regulation 14(2) after each of paragraphs (a) to (c) insert:
and
13.           Regulation 15 replaced
Delete regulation 15 and insert:
15.           Offence by owner

The owner of material containing asbestos who permits
another person to commit an offence under these
regulations commits an offence.
Penalty: a fine of $10 000.

15A. Offence by principal, employer or contractor

If an offence against these regulations is committed by an agent, an employee or a subcontractor, the principal, employer or contractor is also guilty of an offence and
liable to the same penalty as is prescribed for the

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Health (Asbestos) Amendment Regulations 2016
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first-mentioned offence unless it is proved that the
principal, the employer or contractor could not by the
exercise of reasonable diligence have prevented the
commission of the offence by the agent, the employee
or the subcontractor.

15B. Expense incurred by CEO, Chief Health Officer or
local government
The court convicting a person of an offence arising
from a breach of any of the provisions of these
regulations may order that person to pay, in addition to
a penalty, any expense incurred by the CEO, the Chief
Health Officer or the local government in consequence
of the breach or non-observance of the regulation to the
CEO, the Chief Health Officer or the local government,
as the case requires.
15C. Penalties for continuing offences
For the purposes of the Interpretation Act 1984
section 71, in relation to an offence committed under
these regulations, the penalty for each separate and
further offence committed by a person is a fine of
$1 000.
15D. Infringement notices

(1)

The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2)

The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004
section 5(3).
(3) The Chief Health Officer may, in writing, appoint
persons or classes of persons to be authorised officers

10 January 2017 GOVERNMENT GAZETTE, WA 205
Health (Asbestos) Amendment Regulations 2016

r. 14

or approved officers for the purposes of the Criminal
Procedure Act 2004 Part 2.

(4) The Chief Health Officer must issue to each authorised
officer a certificate, badge or identity card identifying
the officer as a person authorised to issue infringement
notices.

(5)

A local government may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure
Act 2004 Part 2.
(6) Each local government that appoints a person as an
authorised officer under subregulation (5) must issue to
the officer a certificate, badge or identity card
identifying the officer as a person authorised to issue
infringement notices.

(7)

A certificate of authority given to a person under the Public Health Act 2016 section 30 has effect for the purposes of subregulation (4) or (6), whichever is
relevant, if it meets the requirement in the
subregulation.
(8) For the purposes of the Criminal Procedure Act 2004
Part 2 —

(a) the prescribed form of an infringement notice is set out in Schedule 2; and
(b) the prescribed form of a notice to withdraw an infringement notice is set out in Schedule 3.

14. Regulation 16 deleted
Delete regulation 16.

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Health (Asbestos) Amendment Regulations 2016
r. 15
15. Schedules 1 to 3 inserted
At the end of the regulations insert:

Schedule 1 — Prescribed offences and

modified penalties

[r. 15D(1) and (2)]

Description of offence Modified
penalty

r. 6 Selling or supplying asbestos cement product $1 000
r. 7(1) Using an asbestos cement product $1 000
r. 7(3) Storing, breaking, damaging, cutting,
maintaining, repairing, removing, moving or
disposing of, or using any material containing
asbestos without taking reasonable measures to
prevent asbestos fibres entering the atmosphere $2 000
r. 7A(1) Moving a dwelling-house built wholly or partly
with an asbestos cement product $2 000
r. 7A(3) Failing to comply with a condition on an
approval $2 000
r. 7A(4) Cutting or deliberately breaking an asbestos
cement product for the purpose of, or in the
course of, moving a dwelling-house built wholly
or partly with an asbestos cement product $2 000
r. 8 Failing to comply with a direction in a notice $1 000
r. 11(1)(a) Supplying material containing asbestos to another
for the purpose of having another person dispose
of it $1 000
r. 11(1)(b) Transporting material containing asbestos $1 000

10 January 2017 GOVERNMENT GAZETTE, WA 207
Health (Asbestos) Amendment Regulations 2016

r. 15

Description of offence Modified
penalty

r. 12 Failing to inform a person that material is or

contains asbestos $1 000

Schedule 2 — Infringement notice

[r. 15D(8)(a)]

Health (Miscellaneous Provisions) Act 1911 Infringement

Health (Asbestos) Regulations 1992 notice no.
INFRINGEMENT NOTICE

Alleged Name
offender
Address
Details of Date or
alleged period
offence
Place

Written law Health (Asbestos) Regulations 1992
contravened regulation
Details of
1

offence

Date of Date of issue
issue
Issuing Name
officer
Office
Signature
Modified $
penalty

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10 January 2017

Health (Asbestos) Amendment Regulations 2016
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Penalty $ You do not have to pay this
amount. This is the maximum
fine that can be imposed if you
are prosecuted in a court and
convicted of this offence.

TAKE It is alleged that you have committed the above offence.
NOTICE
If you do not want to be prosecuted in court for the
offence, pay the modified penalty to an Approved Officer
within 28 days after the date of this notice.

If you do not pay the modified penalty within the 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices
Enforcement Act 1994. Under that Act, some or all of the
following action may be taken — your driver’s licence may
be suspended; your vehicle licence may be suspended or
cancelled; your details may be published on a website; your
vehicle may be immobilised or have its number plates
removed; and your property may be seized and sold.
If you need more time to pay the modified penalty, you
should contact the Approved Officer at the address below.

Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court
case.
If you want this matter to be dealt with by prosecution
in court, sign and date here:

__________________________________ / /20 and post this notice to the Approved Officer at the address
below within 28 days after the date of this notice.
If you consider that you have good reason to have this
notice withdrawn, you can write to the Approved Officer at
the address below requesting that this notice be withdrawn
and setting out why you consider that this notice should be
withdrawn. Your letter must be received not later than
28 days after the date of this notice.

10 January 2017 GOVERNMENT GAZETTE, WA 209
Health (Asbestos) Amendment Regulations 2016

r. 15

By post
Tick the relevant box below and post this notice to:
Approved Officer — Health (Asbestos) Regulations 1992
[Address]

How to  I want to pay the modified penalty. A cheque or
pay money order (payable to Approved Officer — Health
(Asbestos) Regulations 1992) for the modified
penalty is enclosed.
 I want to pay the modified penalty by credit card.
2
Please debit my credit card account.
3

[details ]
Complete all details
2

In person
Pay the cashier at:
[Address]
2

Electronically
3

[details ]

Method of Date of
2

service service
Notes to Form —
1.      The details should say what the alleged offender has done that is considered to be a contravention of the law.
2.      Delete this option if not applicable.
3.      Include here, when applicable, details of how a payment may be made electronically.

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Health (Asbestos) Amendment Regulations 2016
r. 15

Schedule 3 — Notice to withdraw infringement notice

[r. 15D(8)(b)]

Health (Miscellaneous Provisions) Act 1911 Infringement notice

Health (Asbestos) Regulations 1992 no.
WITHDRAWAL OF
INFRINGEMENT NOTICE

Alleged Name
offender
Address
Details of Infringement
infringement notice no.
notice
Date of issue
Details of Date or
alleged period
offence
Place

Written law Health (Asbestos) Regulations 1992
contravened regulation
Details of
offence
Approved Name
Officer
Office
withdrawing
notice Signature
Date Date of
withdrawal

10 January 2017 GOVERNMENT GAZETTE, WA 211
Health (Asbestos) Amendment Regulations 2016

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Withdrawal The above infringement notice issued against you for the
of above alleged offence has been withdrawn.
infringement
If you have already paid the modified penalty for the
notice
alleged offence, you are entitled to a refund.

[*Delete * Your refund is enclosed
whichever is
or

not
applicable] * If you have paid the modified penalty but a
refund is not enclosed, you may claim your
refund by signing and dating this notice and
posting it to:
Approved Officer — Health (Asbestos)
Regulations 1992
[Address]

Your signature Date
R. KENNEDY, Clerk of the Executive Council.

———————————

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Citations

Health (Asbestos) Amendment Regulations 2016 (WA)

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(1)	In regulation 7(1)(a)(ii) delete “Regulations 2000;” and insert:
Regulations 2004;
(2)	At the end of regulation 7(1) insert:

(4)	In regulation 7(4)(f) delete “Regulations 2000” and insert:
Regulations 2004

(4)	A person who cuts or deliberately breaks an asbestos cement product for the purpose of, or in the course of, moving a dwelling-house built wholly or partly with an asbestos cement product commits an offence.
Penalty for this subregulation: a fine of $10 000.

(1)	Subject to subregulation (2), a person commits an
offence if the person —

(2)	Subregulation (1) does not apply if the material
containing asbestos —

(a)	is separated from other material for disposal where reasonably practicable; and
(b)	is wrapped in plastic so as to prevent asbestos fibres entering the atmosphere or is contained in such other manner as is approved in writing by the Chief Health Officer.

(1)	In regulation 14(2) delete “shall —” and insert:
must —
(2)	In regulation 14(2) after each of paragraphs (a) to (c) insert:
and

15A.	Offence by principal, employer or contractor
If an offence against these regulations is committed by an agent, an employee or a subcontractor, the principal, employer or contractor is also guilty of an offence and
liable to the same penalty as is prescribed for the

15B.	Expense incurred by CEO, Chief Health Officer or local government
The court convicting a person of an offence arising from a breach of any of the provisions of these regulations may order that person to pay, in addition to a penalty, any expense incurred by the CEO, the Chief Health Officer or the local government in consequence of the breach or non-observance of the regulation to the CEO, the Chief Health Officer or the local government, as the case requires.
15C.	Penalties for continuing offences
For the purposes of the Interpretation Act 1984 section 71, in relation to an offence committed under these regulations, the penalty for each separate and further offence committed by a person is a fine of $1 000.
15D.	Infringement notices

(1)	The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2)	The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004
section 5(3).
(3)	The Chief Health Officer may, in writing, appoint persons or classes of persons to be authorised officers

(4)	The Chief Health Officer must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
(5)	A local government may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure
Act 2004 Part 2.
(6)	Each local government that appoints a person as an authorised officer under subregulation (5) must issue to the officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
(7)	A certificate of authority given to a person under the Public Health Act 2016 section 30 has effect for the purposes of subregulation (4) or (6), whichever is
relevant, if it meets the requirement in the subregulation.
(8)	For the purposes of the Criminal Procedure Act 2004
Part 2 —

(a)	the prescribed form of an infringement notice is set out in Schedule 2; and
(b)	the prescribed form of a notice to withdraw an infringement notice is set out in Schedule 3.

r. 6	Selling or supplying asbestos cement product	$1 000
r. 7(1)	Using an asbestos cement product	$1 000
r. 7(3)	Storing, breaking, damaging, cutting,
maintaining, repairing, removing, moving or
disposing of, or using any material containing
asbestos without taking reasonable measures to
prevent asbestos fibres entering the atmosphere	$2 000
r. 7A(1)	Moving a dwelling-house built wholly or partly
with an asbestos cement product	$2 000
r. 7A(3)	Failing to comply with a condition on an
approval	$2 000
r. 7A(4)	Cutting or deliberately breaking an asbestos
cement product for the purpose of, or in the
course of, moving a dwelling-house built wholly
or partly with an asbestos cement product	$2 000
r. 8	Failing to comply with a direction in a notice	$1 000
r. 11(1)(a)	Supplying material containing asbestos to another
for the purpose of having another person dispose
of it	$1 000
r. 11(1)(b)	Transporting material containing asbestos	$1 000

Date of	Date of issue
issue
Issuing	Name
officer
Office
Signature
Modified	$
penalty

Penalty	$	You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and
convicted of this offence.

TAKE	It is alleged that you have committed the above offence.
NOTICE
If you do not want to be prosecuted in court for the
offence, pay the modified penalty to an Approved Officer
within 28 days after the date of this notice.
If you do not pay the modified penalty within the 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices
Enforcement Act 1994. Under that Act, some or all of the
following action may be taken — your driver’s licence may
be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates
removed; and your property may be seized and sold.
If you need more time to pay the modified penalty, you should contact the Approved Officer at the address below.
Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court
case.
If you want this matter to be dealt with by prosecution
in court, sign and date here:
__________________________________ / /20 and post this notice to the Approved Officer at the address
below within 28 days after the date of this notice.
If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out why you consider that this notice should be withdrawn. Your letter must be received not later than
28 days after the date of this notice.

How to		I want to pay the modified penalty. A cheque or
pay	money order (payable to Approved Officer — Health
(Asbestos) Regulations 1992) for the modified penalty is enclosed.
	I want to pay the modified penalty by credit card.

Withdrawal	The above infringement notice issued against you for the
of	above alleged offence has been withdrawn.
infringement
If you have already paid the modified penalty for the
notice
alleged offence, you are entitled to a refund.
[Delete*	* Your refund is enclosed
whichever is

not applicable]	* If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and
posting it to:
Approved Officer — Health (Asbestos)
Regulations 1992
[Address]