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Legislative Assembly for the ACT: 2004 Week 10 Hansard (Wednesday, 25 August 2004) . . Page.. 4279 ..

7 New part 3A.5 

insert

Part 3A.5  Other  provisions about asbestos

47L Asbestos reports 

(1) A seller of property commits an offence if the seller does not, before the day the property is first advertised or offered for sale or listed by an agent, obtain an inspection report (an asbestos report) for the property that—

(a) is completed in accordance with the regulations; and

(b) contains the required information.

Maximum penalty: 10 penalty units.

(2) If the property is a residential property, the asbestos report may be included in a building and compliance inspection report from an inspection carried out not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent.

(3) A seller of property commits an offence if an asbestos report for the property is not available for inspection to a prospective buyer (or an agent for a prospective buyer) during the time when an offer to buy the property may be made to the seller.

Maximum penalty: 10 penalty units.

(4) This section does not apply in relation to a sale of property if—

(c) the sale arises from the exercise of an option to buy the property and—

(i) the option was contained in a will or sublease; or

(ii) the period for exercise of the option was longer than 60 days; or

(d) the buyer is a related person of the seller.

(5) An offence against this section is a strict liability offence.

(6) In this section:

building and compliance inspection report—see the Civil Law (Sale of Residential Property) Act 2003, section 7.

property means—

(e) land on which there are (or there are under construction) premises; or

(f) a unit under the Unit Titles Act 2001; or

(g) a lot in a community title scheme under the Community Title Act 2001.

prospective buyer, of property, includes a prospective grantee of an option to buy the property.

related person—see the Duties Act 1999, dictionary.

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