479—Uncertainty as to presence of asbestos
(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—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) For the purposes
of subregulation (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)
Subregulation (1) does not apply if the person assumes that asbestos is
present.