Australian Capital Territory
Dangerous Substances (Asbestos) Amendment Act 2005
A2005-3
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Commencement
Section 2 (3)	2
	5	Section 5, new section 47J (1)	2
	6	Section 5, new section 47J (2)	2
	7	Section 5, new section 47J (4), definition of person at risk	3
	8	Section 5, new section 47J (4), definition of required information	3
	9	Section 5, new section 47J (4), new definition of tenant	3
	10	Section 5, new section 47K (4), definition of required information	4

Australian Capital Territory
Dangerous Substances (Asbestos) Amendment Act 2005
A2005-3

An Act to amend the Dangerous Substances (Asbestos) Amendment Act 2004

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Dangerous Substances (Asbestos) Amendment Act 2005.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Dangerous Substances (Asbestos) Amendment Act 2004.
4	Commencement
Section 2 (3)
substitute
	(3)	Section 5 commences on 4 April 2005.
5	Section 5, new section 47J (1)
omit
, or ought reasonably to know,
6	Section 5, new section 47J (2)
substitute
	(2)	The owner or occupier has a duty of care to a relevant person to tell the person, in writing, what the owner or occupier knows about the asbestos at the premises.
Note	If a form is approved under s 222 for this provision, the form must be used.
	(2A)	To remove any doubt, this section does not require an owner or occupier of premises to find out whether there is asbestos, or anything about the location or condition of any asbestos, at the premises.
Example
An owner or occupier is not required to obtain an asbestos report for the premises.
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).
7	Section 5, new section 47J (4), definition of person at risk
substitute
relevant person, for premises, means—
	(a)	a person doing relevant work at the premises; or
	(b)	a person who is, or is likely to be, a purchaser of the premises; or
	(c)	a person who is a tenant of the premises.
8	Section 5, new section 47J (4), definition of required information 
omit
9	Section 5, new section 47J (4), new definition of tenant
insert
tenant, for premises, means—
	(a)	someone who is a tenant for the premises under the Leases (Commercial and Retail) Act 2001, dictionary, definition of tenant; or
	(b)	someone who is a tenant for the premises under the Residential Tenancies Act 1997, section 6, definition of tenant; or
	(c)	a person prescribed by regulation for this paragraph;
but does not include a person declared by regulation not to be a tenant.
Note	Under the definitions of tenant in the Leases (Commercial and Retail) Act 2001 and the Residential Tenancies Act 1997, a ‘tenant’ includes a prospective tenant.
10	Section 5, new section 47K (4), definition of required information
substitute
required information, about asbestos, means—
	(a)	up-to-date information about the location and condition of the asbestos; and
	(b)	any other information prescribed by regulation.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 15 February 2005.
2	Notification
	Notified under the Legislation Act on 22 February 2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Dangerous Substances (Asbestos) Amendment Bill 2005, which was passed by the Legislative Assembly on 17 February 2005.

Clerk of the Legislative Assembly

© Australian Capital Territory 2005