(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.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(2) For the purposes
of subregulation (1), the person must ensure that the sample is analysed
only by a NATA‑accredited laboratory accredited for the relevant test
method.
(3)
Subregulation (1) does not apply if the person assumes that asbestos is
present.