(1) A person with
management or control of a workplace must ensure, so far as is reasonably
practicable, that all asbestos or ACM at the workplace is identified by a
competent person.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(2) A person with
management or control of a workplace must —
(a) if
material at the workplace cannot be identified but a competent person
reasonably believes that the material is asbestos or ACM — assume
that the material is asbestos; and
(b) if
part of the workplace is inaccessible to workers and likely to contain
asbestos or ACM — assume that asbestos is present in the part of
the workplace.
(3)
Subregulation (1) does not apply if the person —
(a)
assumes that asbestos or ACM is present; or
(b) has
reasonable grounds to believe that asbestos or ACM is not present.
(4) If asbestos or ACM
is assumed to be present at a workplace, it is taken to be identified at the
workplace.