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Legislative Assembly for the ACT: 2004 Week 10 Hansard (Wednesday, 25 August 2004) . . Page.. 4222 ..

appropriately housed in that legislation. Regulations under that act already contain provisions affecting a nationally agreed ban on the import, manufacture and use of all forms of asbestos in Australia from 31 December 2003. Similarly, in the ACT the safe removal of asbestos, including licensing, is currently regulated as building work through the Building Act 1972 and Building Regulations 1972, so it is appropriate for measures concerning asbestos to be included in that legislation as well.

The amendment moved by the government will have the effect of implementing a comprehensive framework for addressing the risks arising from exposure to asbestos in the built environment. The government’s approach shifts the focus from transactions of ownership and tenancy to risks, activities and safety. It categorically recognises the dangers of asbestos and the need to remove asbestos and safeguard public health and safety through a legislated statement. It broadens the focus to all built structures, regardless of use. It provides a public education campaign to increase public awareness across the board.

Of critical importance is the establishment of a whole-of-government task force to analyse the extent and magnitude of the impact of asbestos on the territory, to identify the risk and to identify strategies for managing those risks. The government’s amendment also codifies broad duties to inform and to undertake inspections in specified circumstances, which I will talk about in more detail in a moment.

Further research is required into the extent of asbestos used in Canberra buildings and the full ramifications that the presence of asbestos presents before more significant and specific steps can be taken. To this end, in addition to the amendments proposed by the government that provide an appropriate and logical response now, the proposed amendments will also establish a means for the gathering and assessment of more detailed data with a view towards developing our response in the future.

The proposed task force is essential, as currently there is no empirical data in the ACT on the number of properties that may contain asbestos products. It is essential to ensure that our information reaches the right target groups and is targeted at appropriate dangerous activities. My hope is that through the task force we can get on with the job of properly studying asbestos and collecting data, which can then be passed on to the public for their own safety and peace of mind.

The government’s amendments also contain positive duties in proposed section 47J, 47K and 47L. I understand the opposition may have comments or amendments to make on these aspects of the government amendment, but I will leave that to Mr Stefaniak to talk to. Under proposed section 47J, owners and occupiers of buildings who are aware that their building contains asbestos will be under a duty to disclose this fact to certain persons, such as prospective purchasers, or tenants or persons doing certain types of work.

This duty will be imposed only upon persons who have actual knowledge of the existence of asbestos, or who ought reasonably to know about the presence of asbestos, but no requirement to discover whether asbestos exists will be imposed. Owners and persons in control of buildings will have a duty to undertake an asbestos inspection only when the building is in a high-risk category and the building owner is undertaking a high-risk activity under proposed section 47K. What will constitute a high-risk activity

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