(1) If there is uncertainty (based on reasonable grounds) as to whether work to be carried out for a business or undertaking is asbestos-related work, the person conducting the business or undertaking must ensure that analysis of a sample is undertaken to determine if asbestos or ACM is present.: Maximum penalty--(a) in the case of an individual--70 penalty units, or(b) in the case of a body corporate--345 penalty units.
(2) For the purposes of subclause (1), the person must ensure that the sample is analysed only by--(a) a NATA-accredited laboratory accredited for the relevant test method, or(b) a laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia, or(c) a laboratory operated by the regulator.
(3) Subclause (1) does not apply if the person assumes that asbestos is present.