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Legislative Assembly for the ACT: 2004 Week 10 Hansard (Wednesday, 25 August 2004) . . Page.. 4280 ..


required information, for property, means—

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

(b) any other information prescribed under the regulations.

residential property—see the Civil Law (Sale of Residential Property) Act 2003, section 8.

seller, of property, means a person who—

(a) has a legal or equitable interest in the property that the person is entitled to sell; and

(b) offers to sell, or invites an offer to buy, the interest.

Schedule 1Other amendments

Part 1.1Building Act 2004

[1.1]New section 42A

insert

42AContravention of requirements for building work involving asbestos

(1) This section applies to specialist building work that involves the handling of asbestos or disturbance of loose asbestos.

(2) The person who carries out the building work commits an offence if the carrying out of the work contravenes section 42.

Maximum penalty: 50 penalty units.

(3) An offence against subsection (2) is a strict liability offence.

(4) The owner of the parcel of land where the building work is carried out commits an offence if—

(a) the work is carried out in contravention of section 42; and

(b) the owner knows that the work is carried out in contravention of that section.

Maximum penalty: 50 penalty units.

(5) The owner of the parcel of land where the building work is carried out commits an offence if—

(c) the work is carried out in contravention of section 42; and

(d) the owner is reckless about whether the work is carried out in contravention of that section.

Maximum penalty: 20 penalty units.

(6) This section expires on 1 September 2006.

Part 1.2Building Regulations 2004

[1.2]New regulations 4A and 4B

insert


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