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Legislative Assembly for the ACT: 2004 Week 10 Hansard (Wednesday, 25 August 2004) . . Page.. 4277 ..

Part 3A.3 Public  education

47I Duty  to publish educational material

The Minister must publish educational material to increase public awareness about risks associated with asbestos.

5 New part 3A.4 

insert

Part 3A.4  Special  duties of care for asbestos

47J Liability  of owners and occupiers to inform

This section applies to an owner or occupier of premises if the owner or occupier knows, or ought reasonably to know, that there is asbestos at the premises.

(2) The owner or occupier has a duty of care to a person at risk to give the person, in writing, the required information about the asbestos.

Note If a form is approved under s 222 for this provision, the form must be used.

(3) This section does not affect—

(a) common law rules about the liability of owners or occupiers in relation to their premises; or

(b) any obligation that an owner or occupier of premises has under any other Territory law or contract; or

(c) any other duty of care; or

(d) any other liability, including any liability of manufacturers.

(4) In this section:

construction service—see the Construction Occupations (Licensing) Act 2004, section 6.

occupier, of premises, includes the lessor of premises let under a tenancy if the lessor—

(e) has an obligation to the tenant to maintain or repair the premises; or

(f) could exercise a right to enter the premises to carry out maintenance or repairs.

person at risk, 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, or is likely to be, a tenant of the premises.

relevant work means—

(a) a construction service; or

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