Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies to building work that involves handling asbestos or disturbing friable 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) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—
(a) the carrying out of the building work contravened section 42 only because friable asbestos was disturbed in carrying out the work; and
(b) either—
(i) the defendant took reasonable steps to minimise the risk of friable asbestos being disturbed; or
(ii) the disturbing of the friable asbestos happened in the defendant taking reasonable steps to minimise the risks resulting from the disturbance of the friable asbestos.
(5) 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.
(6) 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 is reckless about whether the work is carried out in contravention of that section.
Maximum penalty: 20 penalty units.