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Legislative Assembly for the ACT: 2004 Week 10 Hansard (Wednesday, 25 August 2004) . . Page.. 4278 ..

renovation work; or

(b) work prescribed under the regulations.

renovation work includes—

(a) the structural alteration of a building; and

(b) the installation or removal of a fixture; and

(c) work prescribed under the regulations.

required information, about asbestos, means—

(a) up-to-date information about the location and condition of the asbestos; and

(b) any other information prescribed under the regulations.

6 New section 47K

in part 3A.4, insert

47K Liability of owners and occupiers to inspect

(1) This section applies to an owner or occupier of premises if—

(a) the owner or occupier is engaging in activity at the premises that is a high-risk activity in relation to asbestos; and

(b) either of the following subparagraphs applies:

(i) the owner or occupier does not know whether there is asbestos at the premises;

(ii) the owner or occupier knows that there is asbestos at the premises but does not know the required information about the asbestos.

(2) The owner or occupier has a duty of care—

(a) if subsection (1) (b) (i) applies—to find out whether there is asbestos at the premises and, if there is asbestos at the premises, to find out the required information about the asbestos; or

(b) if subsection (1) (b) (ii) applies—to find out the required information about the asbestos.

(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 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:

high-risk activity means an activity prescribed under the regulations.

required information—see section 47J (4).

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