Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A seller of property commits an offence if the seller does not, before the day the property is first advertised or offered for sale or listed by an agent, obtain an inspection report (an asbestos report ) for the property that—
(a) is completed in accordance with the regulations; and
(b) contains the required information.
Maximum penalty: 10 penalty units.
(2) If the property is a residential property, the asbestos report may be included in a building and compliance inspection report from an inspection carried out not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent.
(3) A seller of property commits an offence if an asbestos report for the property is not available for inspection to a prospective buyer (or an agent for a prospective buyer) during the time when an offer to buy the property may be made to the seller.
Maximum penalty: 10 penalty units.
(4) This section does not apply in relation to a sale of property if—
(a) the sale arises from the exercise of an option to buy the property and—
(i) the option was contained in a will or sublease; or
(ii) the period for exercise of the option was longer than 60 days; or
(b) the buyer is a related person of the seller.
(5) An offence against this section is a strict liability offence.
(6) In this section:
"building and compliance inspection report"—see the Civil Law (Sale of Residential Property) Act 2003 , section 7.
"property" means—
(a) land on which there are (or there are under construction) premises; or
(b) a unit under the Unit Titles Act 2001 ; or
(c) a lot in a community title scheme under the Community Title Act 2001 .
"prospective buyer", of property, includes a prospective grantee of an option to buy the property.
"related person"—see the Duties Act 1999 , dictionary.
"required information", for property, means—
(a) up-to-date information about the location and condition of asbestos (if any) at the property; and
(b) any other information prescribed under the regulations.
"residential property"—see the Civil Law (Sale of Residential Property) Act 2003 , section 8.
"seller", of property, means a person who—
(a) has a legal or equitable interest in the property that the person is entitled to sell; and
(b) offers to sell, or invites an offer to buy, the interest.
Schedule 1 Other amendments
Part 1.1 Building Act 2004
[1.1] New section 42A
insert
42A Contravention of requirements for building work involving asbestos
(1) This section applies to specialist building work that involves the handling of asbestos or disturbance of loose asbestos.
(2) The person who carries out the building work commits an offence if the carrying out of the work contravenes section 42.
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is a strict liability offence.
(4) The owner of the parcel of land where the building work is carried out commits an offence if—
(a) the work is carried out in contravention of section 42; and
(b) the owner knows that the work is carried out in contravention of that section.
Maximum penalty: 50 penalty units.
(5) The owner of the parcel of land where the building work is carried out commits an offence if—
(a) the work is carried out in contravention of section 42; and
(b) the owner is reckless about whether the work is carried out in contravention of that section.
Maximum penalty: 20 penalty units.
(6) This section expires on 1 September 2006.
Part 1.2 Building Regulations 2004
[1.2] New regulations 4A and 4B
insert
4A Meaning of building work —Act, s 6 (2) (a) and (b)
(1) "Building work "includes building work that involves the handling of asbestos or disturbance of loose asbestos.
(2) The handling of asbestos, or disturbance of loose asbestos, by an inspector, for the purpose of taking a sample under the Dangerous Substances Act 2004 , chapter 3A (Asbestos) is not building work .
Examples of handling of asbestos or disturbance of loose asbestos
1 removal of asbestos
2 cutting a hole in a sheet of asbestos
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).
(3) This regulation expires on 1 September 2006.
4B Meaning of specialist building work —Act, s 9 (b)
(1) "Specialist building work "includes building work that involves the handling of asbestos or disturbance of loose asbestos.
(2) For subregulation (1), the handling of asbestos does not include the handling of stable asbestos cement sheeting that forms part of a residential building.
(3) This regulation expires on 1 September 2006.
[1.3] New regulation 12A
insert
12A Building approval for asbestos removal—Act, s 26 (3)
(1) For an application in relation to building work that involves the removal of stable asbestos cement sheeting from a residential building, the application must describe the method proposed to be used to remove the sheeting from the building.
(2) For an application in relation to building work that involves the removal of asbestos (other than stable asbestos cement sheeting) from a residential building, the following information must be included:
(a) the method proposed to be used to remove the asbestos;
(b) the approximate quantity and kind of asbestos to be removed;
(c) the equipment proposed to be used to remove the asbestos, including any personal protective equipment;
(d) details of a program (prepared in accordance with the building code) for monitoring airborne asbestos.
(3) This regulation expires on 1 September 2006.
[1.4] New regulation 14A
insert
14A Requirements for plans for asbestos removal—Act, s 27 (1) (a)
(1) Plans that accompany an application that relates to building work involving the removal of stable asbestos cement sheeting must show the location of the sheeting.
(2) Plans that accompany an application that relates to building work involving the removal of asbestos (other than stable asbestos cement sheeting) from a residential building must include the following information:
(a) the location of the asbestos proposed to be removed;
(b) the boundary of the area where people removing the asbestos will be working;
(c) if asbestos removed from the building is to be stored on the parcel of land where the building is—where the asbestos is to be stored;
(d) if a decontamination facility, air filter or air supply equipment is proposed to be used during the building work on the parcel of land—where each is located.
(3) In this regulation:
"air filter—"see the building code.
"air supply equipment—"see the building code.
"decontamination facility—"see the building code.
(4) This regulation expires on 1 September 2006.
[1.5] New regulation 31
insert
31 Expiry of definition of asbestos
(1) The definition of asbestos in the dictionary expires on 1 September 2006.
(2) This regulation expires on 1 September 2006.
[1.6] Dictionary, new definition of asbestos
insert
"asbestos"—see the Dangerous Substances Act 2004 , section 47A.