EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment and Workplace Relations
Subject - Asbestos Safety and Eradication Agency Act 2013
Proclamation
The Asbestos Safety and Eradication Agency Act 2013 (the Act) will establish the Asbestos Safety and Eradication Agency (the Agency) as a statutory agency. The functions of the Agency will include co-ordinating the implementation of the National Strategic Plan for Asbestos Awareness and Management and providing advice on asbestos safety to the Minister for Employment and Workplace Relations. The Act will also establish the Asbestos Safety and Eradication Council (the Council). The functions of the Council will include monitoring implementation of the National Strategic Plan and providing advice to the Chief Executive Officer of the Agency and to the Minister for Employment and Workplace Relations.
Section 2 of the Act provides that sections 3 to 48 of the Act will commence on a day to be fixed by Proclamation.
The Proclamation fixes 1 July 2013 as the day on which sections 3 to 48 of the Act commence.
Sections 3 to 48 of the Act constitute the entirety of the Act, apart from section 1 (which provides the title of the Act) and section 2 (which provides for the commencement of the Act).
The commencement of sections 3 to 48 on 1 July 2013 allows the Agency and the Council to commence their roles in promoting asbestos safety without delay.
The Office of Asbestos Safety within the Department of Education, Employment and Workplace Relations conducted a range of consulation on the proposed structure and functions of the new statutory agency, including state, territory and local government officials via a Government Reference Group; Commonwealth officials via an Australian Government Inter-departmental Committee; and the National Workplace Relations Consultative Council.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Office of Best Practice Regulation previously granted the Act an exemption from requiring a Regulation Impact Statement (reference 14196), and has granted a further exemption from the requirement for this proclamation, as it is machinery of government in nature (reference 15095).
Overview
The Asbestos Safety and Eradication Agency Act 2013 was enacted to establish the Asbestos Safety and Eradication Agency (the Agency) as a statutory agency within the Commonwealth of Australia. This Act was introduced to address the need for a coordinated approach to asbestos safety and management across the nation. The policy objective, as stated in the explanatory statement, is to facilitate the implementation of the National Strategic Plan for Asbestos Awareness and Management and to provide expert advice on asbestos safety to the Minister for Employment and Workplace Relations. Additionally, the Act establishes the Asbestos Safety and Eradication Council (the Council) to monitor the implementation of the National Strategic Plan and to advise both the Chief Executive Officer of the Agency and the Minister. The establishment of these entities aims to ensure that asbestos safety is managed effectively and consistently across Australia, protecting public health and workplace safety.
Scope and Application
The Asbestos Safety and Eradication Agency Act 2013 applies to the establishment and operation of the Asbestos Safety and Eradication Agency and the Asbestos Safety and Eradication Council, both of which are statutory entities under Commonwealth jurisdiction. These entities are charged with the responsibility of coordinating the implementation of the National Strategic Plan for Asbestos Awareness and Management, and providing relevant advice to the Minister for Employment and Workplace Relations. The Act’s primary focus is on the eradication and safe management of asbestos within Australia. Its provisions extend to all persons, entities, and industries involved in activities that may expose individuals to asbestos, ensuring that there is a coordinated national approach to asbestos safety. The geographic reach of the Act is national, given its Commonwealth nature, and it applies across all states and territories within Australia. Notably, the Act exempts itself from certain regulatory requirements, such as the need for a Regulation Impact Statement, as it is considered machinery of government in nature. The Act’s commencement on 1 July 2013 allowed the new entities to swiftly begin their mandated activities, ensuring timely action in asbestos safety management.
Key Provisions
The Asbestos Safety and Eradication Agency Act 2013 (the Act) establishes the Asbestos Safety and Eradication Agency (the Agency) as a statutory agency, with a primary focus on coordinating the implementation of the National Strategic Plan for Asbestos Awareness and Management and providing advice on asbestos safety to the Minister for Employment and Workplace Relations (sections 3 to 48). This Act also establishes the Asbestos Safety and Eradication Council (the Council), which is tasked with monitoring the implementation of the National Strategic Plan and offering advice to the Chief Executive Officer of the Agency and to the Minister for Employment and Workplace Relations (sections 3 to 48). The Act's sections 3 to 48 were proclaimed to commence on 1 July 2013, enabling the Agency and the Council to begin their functions without delay.
Under the Act, the Agency and the Council are required to perform specific duties aimed at promoting asbestos safety. The Agency must coordinate the implementation of the National Strategic Plan and provide advice to the Minister on matters relating to asbestos safety (section 3). The Council, on the other hand, is responsible for monitoring the implementation of the National Strategic Plan and providing advice to both the Chief Executive Officer of the Agency and the Minister (section 4). These roles are pivotal in ensuring that the objectives of the Act are met and that there is effective management of asbestos-related risks.
The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, the obligations imposed on the Agency and the Council are fundamental to the proper functioning of the legislative framework. Failure to adhere to the responsibilities outlined in the Act could potentially lead to consequences under other related legislation or administrative law principles, such as those pertaining to maladministration or breach of statutory duty. The focus of the Act is more on the establishment and operational directives of the Agency and the Council rather than punitive measures for non-compliance.
In summary, the Asbestos Safety and Eradication Agency Act 2013 provides a structured approach to managing asbestos safety through the establishment of the Agency and the Council. These entities are tasked with the implementation and advice roles, which are critical for the effective operation of the legislative framework. While the Act itself does not detail specific penalties for breaches, the outlined obligations are essential to ensure the Act's objectives are achieved. The commencement of the Act's sections on 1 July 2013 ensures that the necessary structures are in place to begin addressing asbestos safety issues without delay.