{"id":"C2013A00058","name":"Asbestos and Silica Safety and Eradication Agency Act 2013","slug":"asbestos-and-silica-safety-and-eradication-agency-act-2013","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"58 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8516,"registerId":"commonwealth-C2013A00058-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Asbestos and Silica Safety and Eradication Agency Act 2013.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

21 June 2013

2. Sections 3 to 48

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2013

(see F2013L01226)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Object of this Act","content":"#### 2A Object of this Act\n\n The object of this Act is to establish the Asbestos and Silica Safety and Eradication Agency to lead coordinated and national action to eliminate asbestos‑related diseases and silica‑related diseases in Australia by:\n (a) fostering collaboration between:\n (i) persons and bodies involved in the regulation, management and control of asbestos safety and silica safety; and\n (ii) persons and bodies involved in dealing with issues related to asbestos‑related diseases and silica‑related diseases; and\n (b) supporting and monitoring the implementation of the National Strategic Plans by the Commonwealth and State, Territory and local governments; and\n (c) promoting national consistency in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (d) improving the state of knowledge and awareness of issues relating to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases.","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In this Act:\n\n> Agency means the Asbestos and Silica Safety and Eradication Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Council means the Council referred to in section 28.\n\n> Asbestos National Strategic Plan has the meaning given by section 5A.\n\n> asbestos safety includes, but is not limited to, matters relating to asbestos awareness, education and information sharing, and the identification, management, removal, transportation, storage or disposal of asbestos in Australia or internationally.\n\n> CEO means the Chief Executive Officer of the Agency.\n\n> Chair means the Chair of the Council.\n\n> Council means the Asbestos and Silica Safety and Eradication Council.\n\n> Council member means a member of the Council (and includes the Chair).\n\n> National Strategic Plans means the Asbestos National Strategic Plan and the Silica National Strategic Plan.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> rules means the rules made by the Minister under section 48.\n\n> Silica National Strategic Plan has the meaning given by section 5B.\n\n> silica safety includes, but is not limited to, matters relating to awareness, education and information sharing in relation to respirable crystalline silica and products that contain silica.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Crown to be bound","content":"#### 4 Crown to be bound\n\n This Act binds the Crown in each of its capacities.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Extension to external Territories","content":"#### 5 Extension to external Territories\n\n This Act extends to every external Territory.","sortOrder":6},{"sectionNumber":"Part 1A","sectionType":"part","heading":"National Strategic Plans","content":"## Part 1A—National Strategic Plans","sortOrder":7},{"sectionNumber":"5A","sectionType":"section","heading":"Asbestos National Strategic Plan","content":"#### 5A Asbestos National Strategic Plan\n\n (1) The Asbestos National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate asbestos‑related diseases in Australia by preventing exposure to asbestos fibres; and\n (ii) to support workers and others who are affected by asbestos‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) identifying asbestos and preventing exposure risks, including through prioritised safe removal and effective waste management; and\n (ii) improving awareness of asbestos safety and asbestos‑related diseases; and\n (iii) improving research and national data in relation to asbestos safety and asbestos‑related diseases; and\n (iv) facilitating international collaboration in relation to asbestos safety and asbestos‑related diseases; and\n (v) any other relevant priorities.\n\n> Note: The Asbestos National Strategic Plan is available on the Agency’s website.\n\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.","sortOrder":8},{"sectionNumber":"5B","sectionType":"section","heading":"Silica National Strategic Plan","content":"#### 5B Silica National Strategic Plan\n\n (1) The Silica National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate silica‑related diseases in Australia by preventing exposure to respirable crystalline silica; and\n (ii) to support workers and others who are affected by silica‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) eliminating or minimising exposure to respirable crystalline silica in workplaces; and\n (ii) improving awareness of silica safety and silica‑related diseases; and\n (iii) improving research and national data in relation to silica safety and silica‑related diseases; and\n (iv) facilitating international collaboration in relation to silica safety and silica‑related diseases; and\n (v) any other relevant priorities.\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Asbestos and Silica Safety and Eradication Agency","content":"## Part 2—Asbestos and Silica Safety and Eradication Agency","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Asbestos and Silica Safety and Eradication Agency","content":"#### 6 Asbestos and Silica Safety and Eradication Agency\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Agency is continued in existence with the new name, Asbestos and Silica Safety and Eradication Agency.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Constitution of the Agency","content":"#### 7 Constitution of the Agency\n\n The Agency consists of:\n (a) the CEO; and\n (b) the staff of the Agency.\n\n> Note: The Agency does not have a legal identity separate from the Commonwealth.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Functions of the Agency","content":"#### 8 Functions of the Agency\n\n (1) The Agency has the following functions:\n (a) to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans;\n (b) to review, amend or replace, publish and promote the National Strategic Plans;\n (c) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (d) to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about:\n (i) the development, implementation, review and amendment of the National Strategic Plans; and\n (ii) asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (e) to conduct, commission, monitor and promote research about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (f) to raise awareness of asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases, including by developing and promoting materials on asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (g) to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence‑based policies and strategies;\n (h) to promote consistent messages, policies and practices in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (i) such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth;\n (j) to do anything incidental or conducive to the performance of any of the above functions.\n (2) The Agency has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n (3) In performing its functions, the Agency must act in accordance with the National Strategic Plans and any annual operational plan.\n Constitutional limits\n (4) The Agency may perform its functions only:\n (a) for purposes relating to the collection of statistics; or\n (b) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or\n (c) for purposes relating to trade and commerce:\n (i) between Australia and places outside Australia; or\n (ii) among the States; or\n (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n (d) for purposes relating to a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or\n (e) for purposes relating to a service to:\n (i) the Commonwealth; or\n (ii) an authority of the Commonwealth;\n for a purpose of the Commonwealth; or\n (f) in, or for purposes relating to, a Territory; or\n (g) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (h) for purposes relating to external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (i) for purposes relating to the defence of Australia; or\n (j) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or\n (k) for purposes relating to the executive power of the Commonwealth; or\n (l) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.","sortOrder":13},{"sectionNumber":"8A","sectionType":"section","heading":"Annual reports in relation to National Strategic Plans","content":"#### 8A Annual reports in relation to National Strategic Plans\n\n Annual report in relation to Asbestos National Strategic Plan\n (1) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (2) As soon as practicable after the Agency has prepared a report under subsection (1), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (e) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory;\n (f) each State or Territory Minister who is responsible, or principally responsible, for matters relating to the protection of the environment in the State or Territory.\n Annual report in relation to Silica National Strategic Plan\n (3) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (4) As soon as practicable after the Agency has prepared a report under subsection (3), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n Annual reports must be publicly available\n (5) The Agency must make each report prepared under subsection (1) or (3) publicly available.\n\n> Note: Example: A report may be published on the Agency’s website.","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Agency to have the privileges and immunities of the Crown","content":"#### 9 Agency to have the privileges and immunities of the Crown\n\n The Agency has the privileges and immunities of the Crown in right of the Commonwealth.","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Chief Executive Officer","content":"An Act to establish the Asbestos and Silica Safety and Eradication Agency, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Asbestos and Silica Safety and Eradication Agency Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

21 June 2013

2. Sections 3 to 48

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2013

(see F2013L01226)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 2A Object of this Act\n\n The object of this Act is to establish the Asbestos and Silica Safety and Eradication Agency to lead coordinated and national action to eliminate asbestos‑related diseases and silica‑related diseases in Australia by:\n (a) fostering collaboration between:\n (i) persons and bodies involved in the regulation, management and control of asbestos safety and silica safety; and\n (ii) persons and bodies involved in dealing with issues related to asbestos‑related diseases and silica‑related diseases; and\n (b) supporting and monitoring the implementation of the National Strategic Plans by the Commonwealth and State, Territory and local governments; and\n (c) promoting national consistency in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (d) improving the state of knowledge and awareness of issues relating to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases.\n\n#### 3 Definitions\n\n In this Act:\n\n> Agency means the Asbestos and Silica Safety and Eradication Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Council means the Council referred to in section 28.\n\n> Asbestos National Strategic Plan has the meaning given by section 5A.\n\n> asbestos safety includes, but is not limited to, matters relating to asbestos awareness, education and information sharing, and the identification, management, removal, transportation, storage or disposal of asbestos in Australia or internationally.\n\n> CEO means the Chief Executive Officer of the Agency.\n\n> Chair means the Chair of the Council.\n\n> Council means the Asbestos and Silica Safety and Eradication Council.\n\n> Council member means a member of the Council (and includes the Chair).\n\n> National Strategic Plans means the Asbestos National Strategic Plan and the Silica National Strategic Plan.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> rules means the rules made by the Minister under section 48.\n\n> Silica National Strategic Plan has the meaning given by section 5B.\n\n> silica safety includes, but is not limited to, matters relating to awareness, education and information sharing in relation to respirable crystalline silica and products that contain silica.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in each of its capacities.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 1A—National Strategic Plans\n\n#### 5A Asbestos National Strategic Plan\n\n (1) The Asbestos National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate asbestos‑related diseases in Australia by preventing exposure to asbestos fibres; and\n (ii) to support workers and others who are affected by asbestos‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) identifying asbestos and preventing exposure risks, including through prioritised safe removal and effective waste management; and\n (ii) improving awareness of asbestos safety and asbestos‑related diseases; and\n (iii) improving research and national data in relation to asbestos safety and asbestos‑related diseases; and\n (iv) facilitating international collaboration in relation to asbestos safety and asbestos‑related diseases; and\n (v) any other relevant priorities.\n\n> Note: The Asbestos National Strategic Plan is available on the Agency’s website.\n\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n#### 5B Silica National Strategic Plan\n\n (1) The Silica National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate silica‑related diseases in Australia by preventing exposure to respirable crystalline silica; and\n (ii) to support workers and others who are affected by silica‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) eliminating or minimising exposure to respirable crystalline silica in workplaces; and\n (ii) improving awareness of silica safety and silica‑related diseases; and\n (iii) improving research and national data in relation to silica safety and silica‑related diseases; and\n (iv) facilitating international collaboration in relation to silica safety and silica‑related diseases; and\n (v) any other relevant priorities.\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n## Part 2—Asbestos and Silica Safety and Eradication Agency\n\n#### 6 Asbestos and Silica Safety and Eradication Agency\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Agency is continued in existence with the new name, Asbestos and Silica Safety and Eradication Agency.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 7 Constitution of the Agency\n\n The Agency consists of:\n (a) the CEO; and\n (b) the staff of the Agency.\n\n> Note: The Agency does not have a legal identity separate from the Commonwealth.\n\n#### 8 Functions of the Agency\n\n (1) The Agency has the following functions:\n (a) to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans;\n (b) to review, amend or replace, publish and promote the National Strategic Plans;\n (c) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (d) to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about:\n (i) the development, implementation, review and amendment of the National Strategic Plans; and\n (ii) asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (e) to conduct, commission, monitor and promote research about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (f) to raise awareness of asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases, including by developing and promoting materials on asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (g) to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence‑based policies and strategies;\n (h) to promote consistent messages, policies and practices in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (i) such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth;\n (j) to do anything incidental or conducive to the performance of any of the above functions.\n (2) The Agency has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n (3) In performing its functions, the Agency must act in accordance with the National Strategic Plans and any annual operational plan.\n Constitutional limits\n (4) The Agency may perform its functions only:\n (a) for purposes relating to the collection of statistics; or\n (b) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or\n (c) for purposes relating to trade and commerce:\n (i) between Australia and places outside Australia; or\n (ii) among the States; or\n (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n (d) for purposes relating to a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or\n (e) for purposes relating to a service to:\n (i) the Commonwealth; or\n (ii) an authority of the Commonwealth;\n for a purpose of the Commonwealth; or\n (f) in, or for purposes relating to, a Territory; or\n (g) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (h) for purposes relating to external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (i) for purposes relating to the defence of Australia; or\n (j) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or\n (k) for purposes relating to the executive power of the Commonwealth; or\n (l) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 8A Annual reports in relation to National Strategic Plans\n\n Annual report in relation to Asbestos National Strategic Plan\n (1) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (2) As soon as practicable after the Agency has prepared a report under subsection (1), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (e) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory;\n (f) each State or Territory Minister who is responsible, or principally responsible, for matters relating to the protection of the environment in the State or Territory.\n Annual report in relation to Silica National Strategic Plan\n (3) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (4) As soon as practicable after the Agency has prepared a report under subsection (3), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n Annual reports must be publicly available\n (5) The Agency must make each report prepared under subsection (1) or (3) publicly available.\n\n> Note: Example: A report may be published on the Agency’s website.\n\n#### 9 Agency to have the privileges and immunities of the Crown\n\n The Agency has the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—Chief Executive Officer\n\n### Division 1—Functions of the CEO etc.\n\n#### 10 Chief Executive Officer\n\n There is to be a Chief Executive Officer of the Agency.\n\n#### 11 Functions of the CEO\n\n (1) The functions of the CEO are:\n (a) to manage the affairs of the Agency; and\n (b) to ensure the Agency performs its functions.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 12 Working with the Council\n\n (1) If the Council provides advice or makes recommendations to the CEO under section 29, the CEO must have regard to that advice or those recommendations in performing the CEO’s functions.\n (1A) The CEO must comply with any guidelines issued by the Council under section 29.\n (1B) Subsection (1A) does not apply to the extent that:\n (a) compliance with the guidelines would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Agency; or\n (b) the guidelines relate to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n (2) The CEO may attend Council meetings.\n\n#### 14 Minister may give directions to the CEO\n\n (1) The Minister may, by legislative instrument, give written directions to the CEO about the performance of the Agency’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The CEO must comply with a direction given under subsection (1).\n (3) Subsection (2) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n\n#### 14A CEO may obtain information\n\n (1) This section applies to a person if:\n (a) the CEO believes on reasonable grounds that the person has information that is relevant to the performance of any of the functions of the Agency referred to in paragraphs 8(1)(a), (b) and (g); and\n (b) the CEO is satisfied that the information:\n (i) is necessary for the performance of that function; and\n (ii) is not otherwise available to the CEO.\n (2) The CEO may, by written notice given to the person, request the person to give to the CEO, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A manner specified in a notice under subsection (2) must involve the use of a service to which paragraph 51(v) of the Constitution applies.\n (5) A person may comply with a request under subsection (2).\n (6) Subsection (5) has effect despite anything in:\n (a) a law of the Commonwealth (other than this Act); or\n (b) a law of a State or Territory.\n\n### Division 2—Appointment of the CEO\n\n#### 15 Appointment\n\n (1) The CEO is to be appointed by the Minister by written instrument, on a full‑time basis.\n (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointment\n\n The Minister may, by written instrument, appoint a person to act as CEO:\n (a) during a vacancy in the office of CEO, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n### Division 3—Terms and conditions of appointment\n\n#### 17 Remuneration and allowances\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the rules.\n (2) The CEO is to be paid the allowances that are prescribed by the rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Outside work\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 21 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 23 Termination of appointment\n\n The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity; or\n (c) if the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (e) if the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 19); or\n (f) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (g) if the Minister is satisfied that the CEO’s performance has been unsatisfactory.\n\n#### 23A Delegation\n\n (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act (other than section 14A which confers power on the CEO to obtain information in certain circumstances) to a person who is a member of the staff of the Agency.\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the CEO.\n\n### Division 4—Committees\n\n#### 24 Committees\n\n (1) The CEO may, by writing, establish committees to assist:\n (a) the CEO in the performance of his or her functions; or\n (b) the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the CEO determines.\n (3) If the CEO establishes a committee under subsection (1), the CEO must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n## Part 4—Staff etc.\n\n#### 25 Staff\n\n (1) The staff of the Agency must be persons engaged under the Public Service Act 1999.\n (2) For the purposes of that Act:\n (a) the CEO and the staff of the Agency together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n (1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Agency’s functions.\n (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Agency\n\n The Agency may be assisted:\n (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers or employees of a State or Territory; or\n (c) by officers or employees of authorities of the Commonwealth, a State or a Territory;\n whose services are made available to the Agency in connection with the performance of the Agency’s functions.\n\n## Part 5—Asbestos and Silica Safety and Eradication Council\n\n### Division 1—Functions of the Council etc.\n\n#### 28 Asbestos and Silica Safety and Eradication Council\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Council is continued in existence with the new name, Asbestos and Silica Safety and Eradication Council.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 29 Functions of the Council\n\n (1) The Council’s functions are:\n (a) to provide advice, and make recommendations, to the CEO about the performance of the Agency’s functions, on its own initiative or at the request of the CEO; and\n (b) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (c) to monitor the implementation of the National Strategic Plans by Commonwealth, State, Territory and local governments; and\n (d) to provide advice, and make recommendations, about the National Strategic Plans and annual operational plans.\n (2) The Council may issue written guidelines to the CEO about the performance of the Agency’s functions.\n (2A) The Council must not issue guidelines that are inconsistent with any directions given under section 14 (Minister’s directions to CEO).\n (2B) Any guidelines that are inconsistent with a direction of the kind referred to in subsection (2A) have no effect to the extent of the inconsistency.\n (3) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (5) Guidelines issued under subsection (2) are not a legislative instrument.\n\n#### 30 Minister may give directions to the Council\n\n (1) The Minister may, by legislative instrument, give written directions to the Council about the performance of the Council’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The Council must comply with a direction given under subsection (1).\n\n#### 30A Committees\n\n (1) The Council may, by writing, establish committees to assist the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the Council determines.\n (3) If the Council establishes a committee under subsection (1), the Council must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n### Division 2—Membership of the Council\n\n#### 31 Membership\n\n The Council is to consist of:\n (a) the Chair; and\n (b) one member representing the Commonwealth; and\n (c) 4 members representing State, Territory and local governments; and\n (d) 2 members representing the interests of workers in Australia; and\n (e) 2 members representing the interests of employers in Australia; and\n (ea) 1 member who has expertise relevant to asbestos safety, asbestos‑related diseases, silica safety or silica‑related diseases; and\n (f) 2 other members.\n\n#### 32 Appointment of Council members\n\n (1) The Council members are to be appointed by the Minister by written instrument, on a part‑time basis.\n (2) The instrument of appointment of a Council member must specify whether the member is appointed as:\n (a) the Chair; or\n (b) the member representing the Commonwealth; or\n (c) a member representing State, Territory and local governments; or\n (ca) the member representing the interests of workers in Australia; or\n (cb) the member representing the interests of employers in Australia; or\n (d) one of the other members.\n (3) A person is eligible for appointment as a Council member under paragraph 31(a), (d), (e) or (f) only if the Minister is satisfied that:\n (a) the person has knowledge or experience in one or more of the following:\n (i) asbestos safety;\n (ii) public health issues relating to asbestos;\n (iii) asbestos‑related diseases;\n (iv) the representation of, or the provision of support to, persons with asbestos‑related diseases and their families;\n (v) silica safety;\n (vi) silica‑related diseases;\n (vii) the representation of, or the provision of support to, persons with silica‑related diseases and their families;\n (viii) financial management;\n (ix) corporate governance; or\n (b) the person:\n (i) has, or has had, an asbestos‑related disease; or\n (ii) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos‑related disease; or\n (iii) has, or has had, a silica‑related disease; or\n (iv) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica‑related disease.\n (4) A person is eligible for appointment as a Council member under paragraph 31(d) only if:\n (a) the person has been nominated for the appointment by an authorised worker body; and\n (b) the Minister agrees to the person being appointed.\n (5) If an authorised worker body nominates a person but the Minister does not agree to the person being appointed, an authorised worker body (which may be the same or a different body) may nominate another person for the appointment.\n (6) The Minister may authorise a body for the purposes of subsections (4) and (5) if the Minister considers that the body represents the interests of workers in Australia. If the Minister does so, the body is an authorised worker body.\n (7) A person is eligible for appointment as a Council member under paragraph 31(e) only if:\n (a) the person has been nominated for the appointment by an authorised employer body; and\n (b) the Minister agrees to the person being appointed.\n (8) If an authorised employer body nominates a person but the Minister does not agree to the person being appointed, an authorised employer body (which may be the same or a different body) may nominate another person for the appointment.\n (9) The Minister may authorise a body for the purposes of subsections (7) and (8) if the Minister considers that the body represents the interests of employers in Australia. If the Minister does so, the body is an authorised employer body.\n\n#### 33 Term of appointment\n\n A Council member holds office for the period specified in the instrument of appointment. The period must not be more than 3 years.\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.\n\n#### 34 Acting appointment\n\n Appointment to act as Chair\n (1) The Minister may, by written instrument, appoint a Council member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n Appointment to act as member other than Chair\n (2) The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):\n (a) during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when a Council member (other than the Chair):\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n (3) If:\n (a) paragraph (2)(a) applies; and\n (b) the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n (4) If:\n (a) paragraph (2)(b) applies; and\n (b) the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n\n### Division 3—Terms and conditions of appointment\n\n#### 35 Remuneration and allowances\n\n (1) A Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n (2) However, a Council member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n (a) a State; or\n (b) a corporation (a public statutory corporation) that:\n (i) is established for a public purpose by a law of a State; and\n (ii) is not a tertiary education institution; or\n (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to a member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A Council member is to be paid the allowances that are prescribed by the rules.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 36 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to another Council member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants another Council member leave of absence for a period that exceeds 3 months.\n\n#### 37 Recording disclosures of interests\n\n (1) A disclosure by a Council member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) to each other member of the Council must be recorded:\n (a) in any advice provided, or recommendations made, to the CEO by the Council; and\n (b) in any guidelines issued to the CEO by the Council.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member is taken not to have complied with section 29 of that Act if the disclosure is not recorded as required by subsection (1) of this section.\n\n#### 38 Other terms and conditions\n\n A Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 39 Resignation\n\n (1) A Council member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 40 Termination of appointment\n\n The Minister may terminate the appointment of a Council member:\n (a) for misbehaviour; or\n (b) if the member is incapable of performing the duties of his or her office; or\n (c) if the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the member is absent, except on leave of absence, from 3 consecutive meetings of the Council; or\n (e) if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 4—Procedures of the Council\n\n#### 41 Meetings of the Council\n\n (1) The Chair must hold such meetings as are necessary for the efficient performance of the Council’s functions.\n (2) The Chair must preside at all meetings at which he or she is present.\n (3) If the Chair is not present at a meeting, the other Council members must appoint one of themselves to preside.\n\n#### 41A Quorum\n\n (1) At a meeting of the Council, a quorum is constituted by:\n (a) 2 members appointed under paragraph 31(c) (members representing State, Territory and local governments); and\n (b) any 6 other Council members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations or to take part in any decision of the Council with respect to a particular matter; and\n (b) when the member leaves the meeting concerned, there is no longer a quorum present;\n the remaining Council members at the meeting constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n\n#### 41B Voting at meetings\n\n (1) A question arising at a meeting of the Council is to be determined by a majority of the votes of the Council members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 41C Minutes\n\n The Council must keep minutes of its meetings.\n\n#### 41D Conduct of meetings\n\n The Council may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Council members may participate in meetings.\n\n#### 41E Decisions without meetings\n\n (1) The Council is taken to have made a decision at a meeting if:\n (a) without meeting, a majority of the Council members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Council under subsection (2); and\n (c) all the Council members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies only if the Council:\n (a) has determined that it may make decisions of that kind without meeting; and\n (b) has determined the method by which Council members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a Council member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Council.\n (4) The Council must keep a record of decisions made in accordance with this section.\n\n## Part 5A—Application of the finance law\n\n#### 41F Application of the finance law\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the following combination of bodies is a listed entity:\n (i) the Agency;\n (ii) the Council; and\n (b) the listed entity is to be known as the Asbestos and Silica Safety and Eradication Agency; and\n (c) the CEO is the accountable authority of the listed entity; and\n (d) the following persons are officials of the listed entity:\n (i) the CEO;\n (ii) the members of a committee established under section 24;\n (iii) the staff of the Agency;\n (iv) consultants engaged under section 26;\n (v) persons whose services are made available to the Agency under section 27;\n (vi) the Council members;\n (vii) the members of a committee established under section 30A; and\n (e) the purposes of the listed entity include:\n (i) the functions of the Agency referred to in section 8; and\n (ii) the functions of the CEO referred to in section 11; and\n (iii) the functions of the Council referred to in section 29.\n\n## Part 6—Planning\n\n#### 42 Annual operational plan\n\n (1) The CEO must, before the start of the 12‑month period that starts on 1 July in a year, give the Minister for approval an annual operational plan relating to that period.\n Content etc.\n (2) The annual operational plan must set out:\n (a) the activities to be undertaken by the Agency during the 12‑month period in the performance of the Agency’s functions; and\n (b) performance indicators for the assessment of the Agency’s performance of its functions during that period.\n (3) The annual operational plan must not be inconsistent with either of the National Strategic Plans.\n (4) The annual operational plan is taken to be a corporate plan for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 43 Approval of annual operational plan\n\n (1) The Minister may, by written notice given to the CEO:\n (a) approve an annual operational plan given to the Minister under section 42; or\n (b) request the CEO to amend an annual operational plan given to the Minister under section 42 and to resubmit it for approval.\n (2) An annual operational plan comes into force on the later of the following days:\n (a) the day it is approved by the Minister;\n (b) the first day of the period to which it relates.\n\n#### 44 Variation of annual operational plan\n\n (1) The CEO may, on his or her own initiative or at the request of the Minister, vary an annual operational plan and give the variation to the Minister for approval.\n (2) The Minister may, by written notice given to the CEO, approve the variation of the annual operational plan.\n (5) The variation of the annual operational plan takes effect on the day it is approved by the Minister.\n\n## Part 7—Miscellaneous\n\n#### 46 Delegation\n\n (1) The Agency may, in writing, delegate all or any of its functions or powers under this Act to:\n (a) the CEO; or\n (b) an SES employee, or acting SES employee, who is a member of the staff of the Agency.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Agency.\n\n#### 47 Review of the Agency’s role and functions\n\n (1) The Minister must cause a review of the Asbestos and Silica Safety and Eradication Agency’s ongoing role and functions to be conducted.\n (2) The review must:\n (a) start 5 years after the commencement of this section; and\n (b) be completed within 6 months.\n (3) The Minister must cause a written report about the review to be prepared.\n (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the completion of the report.\n\n#### 48 Rules\n\n The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Functions of the CEO etc.","content":"An Act to establish the Asbestos and Silica Safety and Eradication Agency, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Asbestos and Silica Safety and Eradication Agency Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

21 June 2013

2. Sections 3 to 48

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2013

(see F2013L01226)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 2A Object of this Act\n\n The object of this Act is to establish the Asbestos and Silica Safety and Eradication Agency to lead coordinated and national action to eliminate asbestos‑related diseases and silica‑related diseases in Australia by:\n (a) fostering collaboration between:\n (i) persons and bodies involved in the regulation, management and control of asbestos safety and silica safety; and\n (ii) persons and bodies involved in dealing with issues related to asbestos‑related diseases and silica‑related diseases; and\n (b) supporting and monitoring the implementation of the National Strategic Plans by the Commonwealth and State, Territory and local governments; and\n (c) promoting national consistency in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (d) improving the state of knowledge and awareness of issues relating to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases.\n\n#### 3 Definitions\n\n In this Act:\n\n> Agency means the Asbestos and Silica Safety and Eradication Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Council means the Council referred to in section 28.\n\n> Asbestos National Strategic Plan has the meaning given by section 5A.\n\n> asbestos safety includes, but is not limited to, matters relating to asbestos awareness, education and information sharing, and the identification, management, removal, transportation, storage or disposal of asbestos in Australia or internationally.\n\n> CEO means the Chief Executive Officer of the Agency.\n\n> Chair means the Chair of the Council.\n\n> Council means the Asbestos and Silica Safety and Eradication Council.\n\n> Council member means a member of the Council (and includes the Chair).\n\n> National Strategic Plans means the Asbestos National Strategic Plan and the Silica National Strategic Plan.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> rules means the rules made by the Minister under section 48.\n\n> Silica National Strategic Plan has the meaning given by section 5B.\n\n> silica safety includes, but is not limited to, matters relating to awareness, education and information sharing in relation to respirable crystalline silica and products that contain silica.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in each of its capacities.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 1A—National Strategic Plans\n\n#### 5A Asbestos National Strategic Plan\n\n (1) The Asbestos National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate asbestos‑related diseases in Australia by preventing exposure to asbestos fibres; and\n (ii) to support workers and others who are affected by asbestos‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) identifying asbestos and preventing exposure risks, including through prioritised safe removal and effective waste management; and\n (ii) improving awareness of asbestos safety and asbestos‑related diseases; and\n (iii) improving research and national data in relation to asbestos safety and asbestos‑related diseases; and\n (iv) facilitating international collaboration in relation to asbestos safety and asbestos‑related diseases; and\n (v) any other relevant priorities.\n\n> Note: The Asbestos National Strategic Plan is available on the Agency’s website.\n\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n#### 5B Silica National Strategic Plan\n\n (1) The Silica National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate silica‑related diseases in Australia by preventing exposure to respirable crystalline silica; and\n (ii) to support workers and others who are affected by silica‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) eliminating or minimising exposure to respirable crystalline silica in workplaces; and\n (ii) improving awareness of silica safety and silica‑related diseases; and\n (iii) improving research and national data in relation to silica safety and silica‑related diseases; and\n (iv) facilitating international collaboration in relation to silica safety and silica‑related diseases; and\n (v) any other relevant priorities.\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n## Part 2—Asbestos and Silica Safety and Eradication Agency\n\n#### 6 Asbestos and Silica Safety and Eradication Agency\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Agency is continued in existence with the new name, Asbestos and Silica Safety and Eradication Agency.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 7 Constitution of the Agency\n\n The Agency consists of:\n (a) the CEO; and\n (b) the staff of the Agency.\n\n> Note: The Agency does not have a legal identity separate from the Commonwealth.\n\n#### 8 Functions of the Agency\n\n (1) The Agency has the following functions:\n (a) to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans;\n (b) to review, amend or replace, publish and promote the National Strategic Plans;\n (c) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (d) to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about:\n (i) the development, implementation, review and amendment of the National Strategic Plans; and\n (ii) asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (e) to conduct, commission, monitor and promote research about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (f) to raise awareness of asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases, including by developing and promoting materials on asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (g) to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence‑based policies and strategies;\n (h) to promote consistent messages, policies and practices in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (i) such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth;\n (j) to do anything incidental or conducive to the performance of any of the above functions.\n (2) The Agency has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n (3) In performing its functions, the Agency must act in accordance with the National Strategic Plans and any annual operational plan.\n Constitutional limits\n (4) The Agency may perform its functions only:\n (a) for purposes relating to the collection of statistics; or\n (b) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or\n (c) for purposes relating to trade and commerce:\n (i) between Australia and places outside Australia; or\n (ii) among the States; or\n (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n (d) for purposes relating to a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or\n (e) for purposes relating to a service to:\n (i) the Commonwealth; or\n (ii) an authority of the Commonwealth;\n for a purpose of the Commonwealth; or\n (f) in, or for purposes relating to, a Territory; or\n (g) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (h) for purposes relating to external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (i) for purposes relating to the defence of Australia; or\n (j) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or\n (k) for purposes relating to the executive power of the Commonwealth; or\n (l) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 8A Annual reports in relation to National Strategic Plans\n\n Annual report in relation to Asbestos National Strategic Plan\n (1) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (2) As soon as practicable after the Agency has prepared a report under subsection (1), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (e) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory;\n (f) each State or Territory Minister who is responsible, or principally responsible, for matters relating to the protection of the environment in the State or Territory.\n Annual report in relation to Silica National Strategic Plan\n (3) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (4) As soon as practicable after the Agency has prepared a report under subsection (3), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n Annual reports must be publicly available\n (5) The Agency must make each report prepared under subsection (1) or (3) publicly available.\n\n> Note: Example: A report may be published on the Agency’s website.\n\n#### 9 Agency to have the privileges and immunities of the Crown\n\n The Agency has the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—Chief Executive Officer\n\n### Division 1—Functions of the CEO etc.\n\n#### 10 Chief Executive Officer\n\n There is to be a Chief Executive Officer of the Agency.\n\n#### 11 Functions of the CEO\n\n (1) The functions of the CEO are:\n (a) to manage the affairs of the Agency; and\n (b) to ensure the Agency performs its functions.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 12 Working with the Council\n\n (1) If the Council provides advice or makes recommendations to the CEO under section 29, the CEO must have regard to that advice or those recommendations in performing the CEO’s functions.\n (1A) The CEO must comply with any guidelines issued by the Council under section 29.\n (1B) Subsection (1A) does not apply to the extent that:\n (a) compliance with the guidelines would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Agency; or\n (b) the guidelines relate to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n (2) The CEO may attend Council meetings.\n\n#### 14 Minister may give directions to the CEO\n\n (1) The Minister may, by legislative instrument, give written directions to the CEO about the performance of the Agency’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The CEO must comply with a direction given under subsection (1).\n (3) Subsection (2) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n\n#### 14A CEO may obtain information\n\n (1) This section applies to a person if:\n (a) the CEO believes on reasonable grounds that the person has information that is relevant to the performance of any of the functions of the Agency referred to in paragraphs 8(1)(a), (b) and (g); and\n (b) the CEO is satisfied that the information:\n (i) is necessary for the performance of that function; and\n (ii) is not otherwise available to the CEO.\n (2) The CEO may, by written notice given to the person, request the person to give to the CEO, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A manner specified in a notice under subsection (2) must involve the use of a service to which paragraph 51(v) of the Constitution applies.\n (5) A person may comply with a request under subsection (2).\n (6) Subsection (5) has effect despite anything in:\n (a) a law of the Commonwealth (other than this Act); or\n (b) a law of a State or Territory.\n\n### Division 2—Appointment of the CEO\n\n#### 15 Appointment\n\n (1) The CEO is to be appointed by the Minister by written instrument, on a full‑time basis.\n (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointment\n\n The Minister may, by written instrument, appoint a person to act as CEO:\n (a) during a vacancy in the office of CEO, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n### Division 3—Terms and conditions of appointment\n\n#### 17 Remuneration and allowances\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the rules.\n (2) The CEO is to be paid the allowances that are prescribed by the rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Outside work\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 21 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 23 Termination of appointment\n\n The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity; or\n (c) if the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (e) if the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 19); or\n (f) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (g) if the Minister is satisfied that the CEO’s performance has been unsatisfactory.\n\n#### 23A Delegation\n\n (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act (other than section 14A which confers power on the CEO to obtain information in certain circumstances) to a person who is a member of the staff of the Agency.\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the CEO.\n\n### Division 4—Committees\n\n#### 24 Committees\n\n (1) The CEO may, by writing, establish committees to assist:\n (a) the CEO in the performance of his or her functions; or\n (b) the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the CEO determines.\n (3) If the CEO establishes a committee under subsection (1), the CEO must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n## Part 4—Staff etc.\n\n#### 25 Staff\n\n (1) The staff of the Agency must be persons engaged under the Public Service Act 1999.\n (2) For the purposes of that Act:\n (a) the CEO and the staff of the Agency together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n (1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Agency’s functions.\n (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Agency\n\n The Agency may be assisted:\n (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers or employees of a State or Territory; or\n (c) by officers or employees of authorities of the Commonwealth, a State or a Territory;\n whose services are made available to the Agency in connection with the performance of the Agency’s functions.\n\n## Part 5—Asbestos and Silica Safety and Eradication Council\n\n### Division 1—Functions of the Council etc.\n\n#### 28 Asbestos and Silica Safety and Eradication Council\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Council is continued in existence with the new name, Asbestos and Silica Safety and Eradication Council.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 29 Functions of the Council\n\n (1) The Council’s functions are:\n (a) to provide advice, and make recommendations, to the CEO about the performance of the Agency’s functions, on its own initiative or at the request of the CEO; and\n (b) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (c) to monitor the implementation of the National Strategic Plans by Commonwealth, State, Territory and local governments; and\n (d) to provide advice, and make recommendations, about the National Strategic Plans and annual operational plans.\n (2) The Council may issue written guidelines to the CEO about the performance of the Agency’s functions.\n (2A) The Council must not issue guidelines that are inconsistent with any directions given under section 14 (Minister’s directions to CEO).\n (2B) Any guidelines that are inconsistent with a direction of the kind referred to in subsection (2A) have no effect to the extent of the inconsistency.\n (3) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (5) Guidelines issued under subsection (2) are not a legislative instrument.\n\n#### 30 Minister may give directions to the Council\n\n (1) The Minister may, by legislative instrument, give written directions to the Council about the performance of the Council’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The Council must comply with a direction given under subsection (1).\n\n#### 30A Committees\n\n (1) The Council may, by writing, establish committees to assist the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the Council determines.\n (3) If the Council establishes a committee under subsection (1), the Council must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n### Division 2—Membership of the Council\n\n#### 31 Membership\n\n The Council is to consist of:\n (a) the Chair; and\n (b) one member representing the Commonwealth; and\n (c) 4 members representing State, Territory and local governments; and\n (d) 2 members representing the interests of workers in Australia; and\n (e) 2 members representing the interests of employers in Australia; and\n (ea) 1 member who has expertise relevant to asbestos safety, asbestos‑related diseases, silica safety or silica‑related diseases; and\n (f) 2 other members.\n\n#### 32 Appointment of Council members\n\n (1) The Council members are to be appointed by the Minister by written instrument, on a part‑time basis.\n (2) The instrument of appointment of a Council member must specify whether the member is appointed as:\n (a) the Chair; or\n (b) the member representing the Commonwealth; or\n (c) a member representing State, Territory and local governments; or\n (ca) the member representing the interests of workers in Australia; or\n (cb) the member representing the interests of employers in Australia; or\n (d) one of the other members.\n (3) A person is eligible for appointment as a Council member under paragraph 31(a), (d), (e) or (f) only if the Minister is satisfied that:\n (a) the person has knowledge or experience in one or more of the following:\n (i) asbestos safety;\n (ii) public health issues relating to asbestos;\n (iii) asbestos‑related diseases;\n (iv) the representation of, or the provision of support to, persons with asbestos‑related diseases and their families;\n (v) silica safety;\n (vi) silica‑related diseases;\n (vii) the representation of, or the provision of support to, persons with silica‑related diseases and their families;\n (viii) financial management;\n (ix) corporate governance; or\n (b) the person:\n (i) has, or has had, an asbestos‑related disease; or\n (ii) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos‑related disease; or\n (iii) has, or has had, a silica‑related disease; or\n (iv) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica‑related disease.\n (4) A person is eligible for appointment as a Council member under paragraph 31(d) only if:\n (a) the person has been nominated for the appointment by an authorised worker body; and\n (b) the Minister agrees to the person being appointed.\n (5) If an authorised worker body nominates a person but the Minister does not agree to the person being appointed, an authorised worker body (which may be the same or a different body) may nominate another person for the appointment.\n (6) The Minister may authorise a body for the purposes of subsections (4) and (5) if the Minister considers that the body represents the interests of workers in Australia. If the Minister does so, the body is an authorised worker body.\n (7) A person is eligible for appointment as a Council member under paragraph 31(e) only if:\n (a) the person has been nominated for the appointment by an authorised employer body; and\n (b) the Minister agrees to the person being appointed.\n (8) If an authorised employer body nominates a person but the Minister does not agree to the person being appointed, an authorised employer body (which may be the same or a different body) may nominate another person for the appointment.\n (9) The Minister may authorise a body for the purposes of subsections (7) and (8) if the Minister considers that the body represents the interests of employers in Australia. If the Minister does so, the body is an authorised employer body.\n\n#### 33 Term of appointment\n\n A Council member holds office for the period specified in the instrument of appointment. The period must not be more than 3 years.\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.\n\n#### 34 Acting appointment\n\n Appointment to act as Chair\n (1) The Minister may, by written instrument, appoint a Council member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n Appointment to act as member other than Chair\n (2) The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):\n (a) during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when a Council member (other than the Chair):\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n (3) If:\n (a) paragraph (2)(a) applies; and\n (b) the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n (4) If:\n (a) paragraph (2)(b) applies; and\n (b) the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n\n### Division 3—Terms and conditions of appointment\n\n#### 35 Remuneration and allowances\n\n (1) A Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n (2) However, a Council member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n (a) a State; or\n (b) a corporation (a public statutory corporation) that:\n (i) is established for a public purpose by a law of a State; and\n (ii) is not a tertiary education institution; or\n (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to a member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A Council member is to be paid the allowances that are prescribed by the rules.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 36 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to another Council member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants another Council member leave of absence for a period that exceeds 3 months.\n\n#### 37 Recording disclosures of interests\n\n (1) A disclosure by a Council member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) to each other member of the Council must be recorded:\n (a) in any advice provided, or recommendations made, to the CEO by the Council; and\n (b) in any guidelines issued to the CEO by the Council.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member is taken not to have complied with section 29 of that Act if the disclosure is not recorded as required by subsection (1) of this section.\n\n#### 38 Other terms and conditions\n\n A Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 39 Resignation\n\n (1) A Council member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 40 Termination of appointment\n\n The Minister may terminate the appointment of a Council member:\n (a) for misbehaviour; or\n (b) if the member is incapable of performing the duties of his or her office; or\n (c) if the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the member is absent, except on leave of absence, from 3 consecutive meetings of the Council; or\n (e) if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 4—Procedures of the Council\n\n#### 41 Meetings of the Council\n\n (1) The Chair must hold such meetings as are necessary for the efficient performance of the Council’s functions.\n (2) The Chair must preside at all meetings at which he or she is present.\n (3) If the Chair is not present at a meeting, the other Council members must appoint one of themselves to preside.\n\n#### 41A Quorum\n\n (1) At a meeting of the Council, a quorum is constituted by:\n (a) 2 members appointed under paragraph 31(c) (members representing State, Territory and local governments); and\n (b) any 6 other Council members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations or to take part in any decision of the Council with respect to a particular matter; and\n (b) when the member leaves the meeting concerned, there is no longer a quorum present;\n the remaining Council members at the meeting constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n\n#### 41B Voting at meetings\n\n (1) A question arising at a meeting of the Council is to be determined by a majority of the votes of the Council members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 41C Minutes\n\n The Council must keep minutes of its meetings.\n\n#### 41D Conduct of meetings\n\n The Council may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Council members may participate in meetings.\n\n#### 41E Decisions without meetings\n\n (1) The Council is taken to have made a decision at a meeting if:\n (a) without meeting, a majority of the Council members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Council under subsection (2); and\n (c) all the Council members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies only if the Council:\n (a) has determined that it may make decisions of that kind without meeting; and\n (b) has determined the method by which Council members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a Council member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Council.\n (4) The Council must keep a record of decisions made in accordance with this section.\n\n## Part 5A—Application of the finance law\n\n#### 41F Application of the finance law\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the following combination of bodies is a listed entity:\n (i) the Agency;\n (ii) the Council; and\n (b) the listed entity is to be known as the Asbestos and Silica Safety and Eradication Agency; and\n (c) the CEO is the accountable authority of the listed entity; and\n (d) the following persons are officials of the listed entity:\n (i) the CEO;\n (ii) the members of a committee established under section 24;\n (iii) the staff of the Agency;\n (iv) consultants engaged under section 26;\n (v) persons whose services are made available to the Agency under section 27;\n (vi) the Council members;\n (vii) the members of a committee established under section 30A; and\n (e) the purposes of the listed entity include:\n (i) the functions of the Agency referred to in section 8; and\n (ii) the functions of the CEO referred to in section 11; and\n (iii) the functions of the Council referred to in section 29.\n\n## Part 6—Planning\n\n#### 42 Annual operational plan\n\n (1) The CEO must, before the start of the 12‑month period that starts on 1 July in a year, give the Minister for approval an annual operational plan relating to that period.\n Content etc.\n (2) The annual operational plan must set out:\n (a) the activities to be undertaken by the Agency during the 12‑month period in the performance of the Agency’s functions; and\n (b) performance indicators for the assessment of the Agency’s performance of its functions during that period.\n (3) The annual operational plan must not be inconsistent with either of the National Strategic Plans.\n (4) The annual operational plan is taken to be a corporate plan for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 43 Approval of annual operational plan\n\n (1) The Minister may, by written notice given to the CEO:\n (a) approve an annual operational plan given to the Minister under section 42; or\n (b) request the CEO to amend an annual operational plan given to the Minister under section 42 and to resubmit it for approval.\n (2) An annual operational plan comes into force on the later of the following days:\n (a) the day it is approved by the Minister;\n (b) the first day of the period to which it relates.\n\n#### 44 Variation of annual operational plan\n\n (1) The CEO may, on his or her own initiative or at the request of the Minister, vary an annual operational plan and give the variation to the Minister for approval.\n (2) The Minister may, by written notice given to the CEO, approve the variation of the annual operational plan.\n (5) The variation of the annual operational plan takes effect on the day it is approved by the Minister.\n\n## Part 7—Miscellaneous\n\n#### 46 Delegation\n\n (1) The Agency may, in writing, delegate all or any of its functions or powers under this Act to:\n (a) the CEO; or\n (b) an SES employee, or acting SES employee, who is a member of the staff of the Agency.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Agency.\n\n#### 47 Review of the Agency’s role and functions\n\n (1) The Minister must cause a review of the Asbestos and Silica Safety and Eradication Agency’s ongoing role and functions to be conducted.\n (2) The review must:\n (a) start 5 years after the commencement of this section; and\n (b) be completed within 6 months.\n (3) The Minister must cause a written report about the review to be prepared.\n (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the completion of the report.\n\n#### 48 Rules\n\n The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Chief Executive Officer","content":"#### 10 Chief Executive Officer\n\n There is to be a Chief Executive Officer of the Agency.","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Functions of the CEO","content":"#### 11 Functions of the CEO\n\n (1) The functions of the CEO are:\n (a) to manage the affairs of the Agency; and\n (b) to ensure the Agency performs its functions.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.","sortOrder":19},{"sectionNumber":"12","sectionType":"section","heading":"Working with the Council","content":"#### 12 Working with the Council\n\n (1) If the Council provides advice or makes recommendations to the CEO under section 29, the CEO must have regard to that advice or those recommendations in performing the CEO’s functions.\n (1A) The CEO must comply with any guidelines issued by the Council under section 29.\n (1B) Subsection (1A) does not apply to the extent that:\n (a) compliance with the guidelines would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Agency; or\n (b) the guidelines relate to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n (2) The CEO may attend Council meetings.","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Minister may give directions to the CEO","content":"#### 14 Minister may give directions to the CEO\n\n (1) The Minister may, by legislative instrument, give written directions to the CEO about the performance of the Agency’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The CEO must comply with a direction given under subsection (1).\n (3) Subsection (2) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.","sortOrder":21},{"sectionNumber":"14A","sectionType":"section","heading":"CEO may obtain information","content":"#### 14A CEO may obtain information\n\n (1) This section applies to a person if:\n (a) the CEO believes on reasonable grounds that the person has information that is relevant to the performance of any of the functions of the Agency referred to in paragraphs 8(1)(a), (b) and (g); and\n (b) the CEO is satisfied that the information:\n (i) is necessary for the performance of that function; and\n (ii) is not otherwise available to the CEO.\n (2) The CEO may, by written notice given to the person, request the person to give to the CEO, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A manner specified in a notice under subsection (2) must involve the use of a service to which paragraph 51(v) of the Constitution applies.\n (5) A person may comply with a request under subsection (2).\n (6) Subsection (5) has effect despite anything in:\n (a) a law of the Commonwealth (other than this Act); or\n (b) a law of a State or Territory.","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Appointment of the CEO","content":"An Act to establish the Asbestos and Silica Safety and Eradication Agency, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Asbestos and Silica Safety and Eradication Agency Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

21 June 2013

2. Sections 3 to 48

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2013

(see F2013L01226)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 2A Object of this Act\n\n The object of this Act is to establish the Asbestos and Silica Safety and Eradication Agency to lead coordinated and national action to eliminate asbestos‑related diseases and silica‑related diseases in Australia by:\n (a) fostering collaboration between:\n (i) persons and bodies involved in the regulation, management and control of asbestos safety and silica safety; and\n (ii) persons and bodies involved in dealing with issues related to asbestos‑related diseases and silica‑related diseases; and\n (b) supporting and monitoring the implementation of the National Strategic Plans by the Commonwealth and State, Territory and local governments; and\n (c) promoting national consistency in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (d) improving the state of knowledge and awareness of issues relating to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases.\n\n#### 3 Definitions\n\n In this Act:\n\n> Agency means the Asbestos and Silica Safety and Eradication Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Council means the Council referred to in section 28.\n\n> Asbestos National Strategic Plan has the meaning given by section 5A.\n\n> asbestos safety includes, but is not limited to, matters relating to asbestos awareness, education and information sharing, and the identification, management, removal, transportation, storage or disposal of asbestos in Australia or internationally.\n\n> CEO means the Chief Executive Officer of the Agency.\n\n> Chair means the Chair of the Council.\n\n> Council means the Asbestos and Silica Safety and Eradication Council.\n\n> Council member means a member of the Council (and includes the Chair).\n\n> National Strategic Plans means the Asbestos National Strategic Plan and the Silica National Strategic Plan.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> rules means the rules made by the Minister under section 48.\n\n> Silica National Strategic Plan has the meaning given by section 5B.\n\n> silica safety includes, but is not limited to, matters relating to awareness, education and information sharing in relation to respirable crystalline silica and products that contain silica.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in each of its capacities.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 1A—National Strategic Plans\n\n#### 5A Asbestos National Strategic Plan\n\n (1) The Asbestos National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate asbestos‑related diseases in Australia by preventing exposure to asbestos fibres; and\n (ii) to support workers and others who are affected by asbestos‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) identifying asbestos and preventing exposure risks, including through prioritised safe removal and effective waste management; and\n (ii) improving awareness of asbestos safety and asbestos‑related diseases; and\n (iii) improving research and national data in relation to asbestos safety and asbestos‑related diseases; and\n (iv) facilitating international collaboration in relation to asbestos safety and asbestos‑related diseases; and\n (v) any other relevant priorities.\n\n> Note: The Asbestos National Strategic Plan is available on the Agency’s website.\n\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n#### 5B Silica National Strategic Plan\n\n (1) The Silica National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate silica‑related diseases in Australia by preventing exposure to respirable crystalline silica; and\n (ii) to support workers and others who are affected by silica‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) eliminating or minimising exposure to respirable crystalline silica in workplaces; and\n (ii) improving awareness of silica safety and silica‑related diseases; and\n (iii) improving research and national data in relation to silica safety and silica‑related diseases; and\n (iv) facilitating international collaboration in relation to silica safety and silica‑related diseases; and\n (v) any other relevant priorities.\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n## Part 2—Asbestos and Silica Safety and Eradication Agency\n\n#### 6 Asbestos and Silica Safety and Eradication Agency\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Agency is continued in existence with the new name, Asbestos and Silica Safety and Eradication Agency.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 7 Constitution of the Agency\n\n The Agency consists of:\n (a) the CEO; and\n (b) the staff of the Agency.\n\n> Note: The Agency does not have a legal identity separate from the Commonwealth.\n\n#### 8 Functions of the Agency\n\n (1) The Agency has the following functions:\n (a) to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans;\n (b) to review, amend or replace, publish and promote the National Strategic Plans;\n (c) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (d) to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about:\n (i) the development, implementation, review and amendment of the National Strategic Plans; and\n (ii) asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (e) to conduct, commission, monitor and promote research about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (f) to raise awareness of asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases, including by developing and promoting materials on asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (g) to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence‑based policies and strategies;\n (h) to promote consistent messages, policies and practices in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (i) such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth;\n (j) to do anything incidental or conducive to the performance of any of the above functions.\n (2) The Agency has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n (3) In performing its functions, the Agency must act in accordance with the National Strategic Plans and any annual operational plan.\n Constitutional limits\n (4) The Agency may perform its functions only:\n (a) for purposes relating to the collection of statistics; or\n (b) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or\n (c) for purposes relating to trade and commerce:\n (i) between Australia and places outside Australia; or\n (ii) among the States; or\n (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n (d) for purposes relating to a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or\n (e) for purposes relating to a service to:\n (i) the Commonwealth; or\n (ii) an authority of the Commonwealth;\n for a purpose of the Commonwealth; or\n (f) in, or for purposes relating to, a Territory; or\n (g) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (h) for purposes relating to external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (i) for purposes relating to the defence of Australia; or\n (j) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or\n (k) for purposes relating to the executive power of the Commonwealth; or\n (l) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 8A Annual reports in relation to National Strategic Plans\n\n Annual report in relation to Asbestos National Strategic Plan\n (1) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (2) As soon as practicable after the Agency has prepared a report under subsection (1), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (e) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory;\n (f) each State or Territory Minister who is responsible, or principally responsible, for matters relating to the protection of the environment in the State or Territory.\n Annual report in relation to Silica National Strategic Plan\n (3) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (4) As soon as practicable after the Agency has prepared a report under subsection (3), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n Annual reports must be publicly available\n (5) The Agency must make each report prepared under subsection (1) or (3) publicly available.\n\n> Note: Example: A report may be published on the Agency’s website.\n\n#### 9 Agency to have the privileges and immunities of the Crown\n\n The Agency has the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—Chief Executive Officer\n\n### Division 1—Functions of the CEO etc.\n\n#### 10 Chief Executive Officer\n\n There is to be a Chief Executive Officer of the Agency.\n\n#### 11 Functions of the CEO\n\n (1) The functions of the CEO are:\n (a) to manage the affairs of the Agency; and\n (b) to ensure the Agency performs its functions.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 12 Working with the Council\n\n (1) If the Council provides advice or makes recommendations to the CEO under section 29, the CEO must have regard to that advice or those recommendations in performing the CEO’s functions.\n (1A) The CEO must comply with any guidelines issued by the Council under section 29.\n (1B) Subsection (1A) does not apply to the extent that:\n (a) compliance with the guidelines would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Agency; or\n (b) the guidelines relate to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n (2) The CEO may attend Council meetings.\n\n#### 14 Minister may give directions to the CEO\n\n (1) The Minister may, by legislative instrument, give written directions to the CEO about the performance of the Agency’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The CEO must comply with a direction given under subsection (1).\n (3) Subsection (2) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n\n#### 14A CEO may obtain information\n\n (1) This section applies to a person if:\n (a) the CEO believes on reasonable grounds that the person has information that is relevant to the performance of any of the functions of the Agency referred to in paragraphs 8(1)(a), (b) and (g); and\n (b) the CEO is satisfied that the information:\n (i) is necessary for the performance of that function; and\n (ii) is not otherwise available to the CEO.\n (2) The CEO may, by written notice given to the person, request the person to give to the CEO, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A manner specified in a notice under subsection (2) must involve the use of a service to which paragraph 51(v) of the Constitution applies.\n (5) A person may comply with a request under subsection (2).\n (6) Subsection (5) has effect despite anything in:\n (a) a law of the Commonwealth (other than this Act); or\n (b) a law of a State or Territory.\n\n### Division 2—Appointment of the CEO\n\n#### 15 Appointment\n\n (1) The CEO is to be appointed by the Minister by written instrument, on a full‑time basis.\n (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointment\n\n The Minister may, by written instrument, appoint a person to act as CEO:\n (a) during a vacancy in the office of CEO, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n### Division 3—Terms and conditions of appointment\n\n#### 17 Remuneration and allowances\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the rules.\n (2) The CEO is to be paid the allowances that are prescribed by the rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Outside work\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 21 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 23 Termination of appointment\n\n The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity; or\n (c) if the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (e) if the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 19); or\n (f) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (g) if the Minister is satisfied that the CEO’s performance has been unsatisfactory.\n\n#### 23A Delegation\n\n (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act (other than section 14A which confers power on the CEO to obtain information in certain circumstances) to a person who is a member of the staff of the Agency.\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the CEO.\n\n### Division 4—Committees\n\n#### 24 Committees\n\n (1) The CEO may, by writing, establish committees to assist:\n (a) the CEO in the performance of his or her functions; or\n (b) the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the CEO determines.\n (3) If the CEO establishes a committee under subsection (1), the CEO must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n## Part 4—Staff etc.\n\n#### 25 Staff\n\n (1) The staff of the Agency must be persons engaged under the Public Service Act 1999.\n (2) For the purposes of that Act:\n (a) the CEO and the staff of the Agency together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n (1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Agency’s functions.\n (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Agency\n\n The Agency may be assisted:\n (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers or employees of a State or Territory; or\n (c) by officers or employees of authorities of the Commonwealth, a State or a Territory;\n whose services are made available to the Agency in connection with the performance of the Agency’s functions.\n\n## Part 5—Asbestos and Silica Safety and Eradication Council\n\n### Division 1—Functions of the Council etc.\n\n#### 28 Asbestos and Silica Safety and Eradication Council\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Council is continued in existence with the new name, Asbestos and Silica Safety and Eradication Council.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 29 Functions of the Council\n\n (1) The Council’s functions are:\n (a) to provide advice, and make recommendations, to the CEO about the performance of the Agency’s functions, on its own initiative or at the request of the CEO; and\n (b) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (c) to monitor the implementation of the National Strategic Plans by Commonwealth, State, Territory and local governments; and\n (d) to provide advice, and make recommendations, about the National Strategic Plans and annual operational plans.\n (2) The Council may issue written guidelines to the CEO about the performance of the Agency’s functions.\n (2A) The Council must not issue guidelines that are inconsistent with any directions given under section 14 (Minister’s directions to CEO).\n (2B) Any guidelines that are inconsistent with a direction of the kind referred to in subsection (2A) have no effect to the extent of the inconsistency.\n (3) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (5) Guidelines issued under subsection (2) are not a legislative instrument.\n\n#### 30 Minister may give directions to the Council\n\n (1) The Minister may, by legislative instrument, give written directions to the Council about the performance of the Council’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The Council must comply with a direction given under subsection (1).\n\n#### 30A Committees\n\n (1) The Council may, by writing, establish committees to assist the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the Council determines.\n (3) If the Council establishes a committee under subsection (1), the Council must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n### Division 2—Membership of the Council\n\n#### 31 Membership\n\n The Council is to consist of:\n (a) the Chair; and\n (b) one member representing the Commonwealth; and\n (c) 4 members representing State, Territory and local governments; and\n (d) 2 members representing the interests of workers in Australia; and\n (e) 2 members representing the interests of employers in Australia; and\n (ea) 1 member who has expertise relevant to asbestos safety, asbestos‑related diseases, silica safety or silica‑related diseases; and\n (f) 2 other members.\n\n#### 32 Appointment of Council members\n\n (1) The Council members are to be appointed by the Minister by written instrument, on a part‑time basis.\n (2) The instrument of appointment of a Council member must specify whether the member is appointed as:\n (a) the Chair; or\n (b) the member representing the Commonwealth; or\n (c) a member representing State, Territory and local governments; or\n (ca) the member representing the interests of workers in Australia; or\n (cb) the member representing the interests of employers in Australia; or\n (d) one of the other members.\n (3) A person is eligible for appointment as a Council member under paragraph 31(a), (d), (e) or (f) only if the Minister is satisfied that:\n (a) the person has knowledge or experience in one or more of the following:\n (i) asbestos safety;\n (ii) public health issues relating to asbestos;\n (iii) asbestos‑related diseases;\n (iv) the representation of, or the provision of support to, persons with asbestos‑related diseases and their families;\n (v) silica safety;\n (vi) silica‑related diseases;\n (vii) the representation of, or the provision of support to, persons with silica‑related diseases and their families;\n (viii) financial management;\n (ix) corporate governance; or\n (b) the person:\n (i) has, or has had, an asbestos‑related disease; or\n (ii) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos‑related disease; or\n (iii) has, or has had, a silica‑related disease; or\n (iv) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica‑related disease.\n (4) A person is eligible for appointment as a Council member under paragraph 31(d) only if:\n (a) the person has been nominated for the appointment by an authorised worker body; and\n (b) the Minister agrees to the person being appointed.\n (5) If an authorised worker body nominates a person but the Minister does not agree to the person being appointed, an authorised worker body (which may be the same or a different body) may nominate another person for the appointment.\n (6) The Minister may authorise a body for the purposes of subsections (4) and (5) if the Minister considers that the body represents the interests of workers in Australia. If the Minister does so, the body is an authorised worker body.\n (7) A person is eligible for appointment as a Council member under paragraph 31(e) only if:\n (a) the person has been nominated for the appointment by an authorised employer body; and\n (b) the Minister agrees to the person being appointed.\n (8) If an authorised employer body nominates a person but the Minister does not agree to the person being appointed, an authorised employer body (which may be the same or a different body) may nominate another person for the appointment.\n (9) The Minister may authorise a body for the purposes of subsections (7) and (8) if the Minister considers that the body represents the interests of employers in Australia. If the Minister does so, the body is an authorised employer body.\n\n#### 33 Term of appointment\n\n A Council member holds office for the period specified in the instrument of appointment. The period must not be more than 3 years.\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.\n\n#### 34 Acting appointment\n\n Appointment to act as Chair\n (1) The Minister may, by written instrument, appoint a Council member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n Appointment to act as member other than Chair\n (2) The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):\n (a) during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when a Council member (other than the Chair):\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n (3) If:\n (a) paragraph (2)(a) applies; and\n (b) the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n (4) If:\n (a) paragraph (2)(b) applies; and\n (b) the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n\n### Division 3—Terms and conditions of appointment\n\n#### 35 Remuneration and allowances\n\n (1) A Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n (2) However, a Council member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n (a) a State; or\n (b) a corporation (a public statutory corporation) that:\n (i) is established for a public purpose by a law of a State; and\n (ii) is not a tertiary education institution; or\n (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to a member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A Council member is to be paid the allowances that are prescribed by the rules.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 36 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to another Council member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants another Council member leave of absence for a period that exceeds 3 months.\n\n#### 37 Recording disclosures of interests\n\n (1) A disclosure by a Council member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) to each other member of the Council must be recorded:\n (a) in any advice provided, or recommendations made, to the CEO by the Council; and\n (b) in any guidelines issued to the CEO by the Council.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member is taken not to have complied with section 29 of that Act if the disclosure is not recorded as required by subsection (1) of this section.\n\n#### 38 Other terms and conditions\n\n A Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 39 Resignation\n\n (1) A Council member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 40 Termination of appointment\n\n The Minister may terminate the appointment of a Council member:\n (a) for misbehaviour; or\n (b) if the member is incapable of performing the duties of his or her office; or\n (c) if the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the member is absent, except on leave of absence, from 3 consecutive meetings of the Council; or\n (e) if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 4—Procedures of the Council\n\n#### 41 Meetings of the Council\n\n (1) The Chair must hold such meetings as are necessary for the efficient performance of the Council’s functions.\n (2) The Chair must preside at all meetings at which he or she is present.\n (3) If the Chair is not present at a meeting, the other Council members must appoint one of themselves to preside.\n\n#### 41A Quorum\n\n (1) At a meeting of the Council, a quorum is constituted by:\n (a) 2 members appointed under paragraph 31(c) (members representing State, Territory and local governments); and\n (b) any 6 other Council members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations or to take part in any decision of the Council with respect to a particular matter; and\n (b) when the member leaves the meeting concerned, there is no longer a quorum present;\n the remaining Council members at the meeting constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n\n#### 41B Voting at meetings\n\n (1) A question arising at a meeting of the Council is to be determined by a majority of the votes of the Council members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 41C Minutes\n\n The Council must keep minutes of its meetings.\n\n#### 41D Conduct of meetings\n\n The Council may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Council members may participate in meetings.\n\n#### 41E Decisions without meetings\n\n (1) The Council is taken to have made a decision at a meeting if:\n (a) without meeting, a majority of the Council members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Council under subsection (2); and\n (c) all the Council members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies only if the Council:\n (a) has determined that it may make decisions of that kind without meeting; and\n (b) has determined the method by which Council members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a Council member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Council.\n (4) The Council must keep a record of decisions made in accordance with this section.\n\n## Part 5A—Application of the finance law\n\n#### 41F Application of the finance law\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the following combination of bodies is a listed entity:\n (i) the Agency;\n (ii) the Council; and\n (b) the listed entity is to be known as the Asbestos and Silica Safety and Eradication Agency; and\n (c) the CEO is the accountable authority of the listed entity; and\n (d) the following persons are officials of the listed entity:\n (i) the CEO;\n (ii) the members of a committee established under section 24;\n (iii) the staff of the Agency;\n (iv) consultants engaged under section 26;\n (v) persons whose services are made available to the Agency under section 27;\n (vi) the Council members;\n (vii) the members of a committee established under section 30A; and\n (e) the purposes of the listed entity include:\n (i) the functions of the Agency referred to in section 8; and\n (ii) the functions of the CEO referred to in section 11; and\n (iii) the functions of the Council referred to in section 29.\n\n## Part 6—Planning\n\n#### 42 Annual operational plan\n\n (1) The CEO must, before the start of the 12‑month period that starts on 1 July in a year, give the Minister for approval an annual operational plan relating to that period.\n Content etc.\n (2) The annual operational plan must set out:\n (a) the activities to be undertaken by the Agency during the 12‑month period in the performance of the Agency’s functions; and\n (b) performance indicators for the assessment of the Agency’s performance of its functions during that period.\n (3) The annual operational plan must not be inconsistent with either of the National Strategic Plans.\n (4) The annual operational plan is taken to be a corporate plan for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 43 Approval of annual operational plan\n\n (1) The Minister may, by written notice given to the CEO:\n (a) approve an annual operational plan given to the Minister under section 42; or\n (b) request the CEO to amend an annual operational plan given to the Minister under section 42 and to resubmit it for approval.\n (2) An annual operational plan comes into force on the later of the following days:\n (a) the day it is approved by the Minister;\n (b) the first day of the period to which it relates.\n\n#### 44 Variation of annual operational plan\n\n (1) The CEO may, on his or her own initiative or at the request of the Minister, vary an annual operational plan and give the variation to the Minister for approval.\n (2) The Minister may, by written notice given to the CEO, approve the variation of the annual operational plan.\n (5) The variation of the annual operational plan takes effect on the day it is approved by the Minister.\n\n## Part 7—Miscellaneous\n\n#### 46 Delegation\n\n (1) The Agency may, in writing, delegate all or any of its functions or powers under this Act to:\n (a) the CEO; or\n (b) an SES employee, or acting SES employee, who is a member of the staff of the Agency.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Agency.\n\n#### 47 Review of the Agency’s role and functions\n\n (1) The Minister must cause a review of the Asbestos and Silica Safety and Eradication Agency’s ongoing role and functions to be conducted.\n (2) The review must:\n (a) start 5 years after the commencement of this section; and\n (b) be completed within 6 months.\n (3) The Minister must cause a written report about the review to be prepared.\n (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the completion of the report.\n\n#### 48 Rules\n\n The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Appointment","content":"#### 15 Appointment\n\n (1) The CEO is to be appointed by the Minister by written instrument, on a full‑time basis.\n (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Acting appointment","content":"#### 16 Acting appointment\n\n The Minister may, by written instrument, appoint a person to act as CEO:\n (a) during a vacancy in the office of CEO, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.","sortOrder":25},{"sectionNumber":"Division 3","sectionType":"division","heading":"Terms and conditions of appointment","content":"An Act to establish the Asbestos and Silica Safety and Eradication Agency, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Asbestos and Silica Safety and Eradication Agency Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

21 June 2013

2. Sections 3 to 48

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2013

(see F2013L01226)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 2A Object of this Act\n\n The object of this Act is to establish the Asbestos and Silica Safety and Eradication Agency to lead coordinated and national action to eliminate asbestos‑related diseases and silica‑related diseases in Australia by:\n (a) fostering collaboration between:\n (i) persons and bodies involved in the regulation, management and control of asbestos safety and silica safety; and\n (ii) persons and bodies involved in dealing with issues related to asbestos‑related diseases and silica‑related diseases; and\n (b) supporting and monitoring the implementation of the National Strategic Plans by the Commonwealth and State, Territory and local governments; and\n (c) promoting national consistency in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (d) improving the state of knowledge and awareness of issues relating to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases.\n\n#### 3 Definitions\n\n In this Act:\n\n> Agency means the Asbestos and Silica Safety and Eradication Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Council means the Council referred to in section 28.\n\n> Asbestos National Strategic Plan has the meaning given by section 5A.\n\n> asbestos safety includes, but is not limited to, matters relating to asbestos awareness, education and information sharing, and the identification, management, removal, transportation, storage or disposal of asbestos in Australia or internationally.\n\n> CEO means the Chief Executive Officer of the Agency.\n\n> Chair means the Chair of the Council.\n\n> Council means the Asbestos and Silica Safety and Eradication Council.\n\n> Council member means a member of the Council (and includes the Chair).\n\n> National Strategic Plans means the Asbestos National Strategic Plan and the Silica National Strategic Plan.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> rules means the rules made by the Minister under section 48.\n\n> Silica National Strategic Plan has the meaning given by section 5B.\n\n> silica safety includes, but is not limited to, matters relating to awareness, education and information sharing in relation to respirable crystalline silica and products that contain silica.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in each of its capacities.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 1A—National Strategic Plans\n\n#### 5A Asbestos National Strategic Plan\n\n (1) The Asbestos National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate asbestos‑related diseases in Australia by preventing exposure to asbestos fibres; and\n (ii) to support workers and others who are affected by asbestos‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) identifying asbestos and preventing exposure risks, including through prioritised safe removal and effective waste management; and\n (ii) improving awareness of asbestos safety and asbestos‑related diseases; and\n (iii) improving research and national data in relation to asbestos safety and asbestos‑related diseases; and\n (iv) facilitating international collaboration in relation to asbestos safety and asbestos‑related diseases; and\n (v) any other relevant priorities.\n\n> Note: The Asbestos National Strategic Plan is available on the Agency’s website.\n\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n#### 5B Silica National Strategic Plan\n\n (1) The Silica National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate silica‑related diseases in Australia by preventing exposure to respirable crystalline silica; and\n (ii) to support workers and others who are affected by silica‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) eliminating or minimising exposure to respirable crystalline silica in workplaces; and\n (ii) improving awareness of silica safety and silica‑related diseases; and\n (iii) improving research and national data in relation to silica safety and silica‑related diseases; and\n (iv) facilitating international collaboration in relation to silica safety and silica‑related diseases; and\n (v) any other relevant priorities.\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n## Part 2—Asbestos and Silica Safety and Eradication Agency\n\n#### 6 Asbestos and Silica Safety and Eradication Agency\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Agency is continued in existence with the new name, Asbestos and Silica Safety and Eradication Agency.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 7 Constitution of the Agency\n\n The Agency consists of:\n (a) the CEO; and\n (b) the staff of the Agency.\n\n> Note: The Agency does not have a legal identity separate from the Commonwealth.\n\n#### 8 Functions of the Agency\n\n (1) The Agency has the following functions:\n (a) to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans;\n (b) to review, amend or replace, publish and promote the National Strategic Plans;\n (c) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (d) to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about:\n (i) the development, implementation, review and amendment of the National Strategic Plans; and\n (ii) asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (e) to conduct, commission, monitor and promote research about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (f) to raise awareness of asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases, including by developing and promoting materials on asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (g) to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence‑based policies and strategies;\n (h) to promote consistent messages, policies and practices in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (i) such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth;\n (j) to do anything incidental or conducive to the performance of any of the above functions.\n (2) The Agency has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n (3) In performing its functions, the Agency must act in accordance with the National Strategic Plans and any annual operational plan.\n Constitutional limits\n (4) The Agency may perform its functions only:\n (a) for purposes relating to the collection of statistics; or\n (b) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or\n (c) for purposes relating to trade and commerce:\n (i) between Australia and places outside Australia; or\n (ii) among the States; or\n (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n (d) for purposes relating to a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or\n (e) for purposes relating to a service to:\n (i) the Commonwealth; or\n (ii) an authority of the Commonwealth;\n for a purpose of the Commonwealth; or\n (f) in, or for purposes relating to, a Territory; or\n (g) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (h) for purposes relating to external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (i) for purposes relating to the defence of Australia; or\n (j) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or\n (k) for purposes relating to the executive power of the Commonwealth; or\n (l) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 8A Annual reports in relation to National Strategic Plans\n\n Annual report in relation to Asbestos National Strategic Plan\n (1) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (2) As soon as practicable after the Agency has prepared a report under subsection (1), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (e) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory;\n (f) each State or Territory Minister who is responsible, or principally responsible, for matters relating to the protection of the environment in the State or Territory.\n Annual report in relation to Silica National Strategic Plan\n (3) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (4) As soon as practicable after the Agency has prepared a report under subsection (3), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n Annual reports must be publicly available\n (5) The Agency must make each report prepared under subsection (1) or (3) publicly available.\n\n> Note: Example: A report may be published on the Agency’s website.\n\n#### 9 Agency to have the privileges and immunities of the Crown\n\n The Agency has the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—Chief Executive Officer\n\n### Division 1—Functions of the CEO etc.\n\n#### 10 Chief Executive Officer\n\n There is to be a Chief Executive Officer of the Agency.\n\n#### 11 Functions of the CEO\n\n (1) The functions of the CEO are:\n (a) to manage the affairs of the Agency; and\n (b) to ensure the Agency performs its functions.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 12 Working with the Council\n\n (1) If the Council provides advice or makes recommendations to the CEO under section 29, the CEO must have regard to that advice or those recommendations in performing the CEO’s functions.\n (1A) The CEO must comply with any guidelines issued by the Council under section 29.\n (1B) Subsection (1A) does not apply to the extent that:\n (a) compliance with the guidelines would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Agency; or\n (b) the guidelines relate to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n (2) The CEO may attend Council meetings.\n\n#### 14 Minister may give directions to the CEO\n\n (1) The Minister may, by legislative instrument, give written directions to the CEO about the performance of the Agency’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The CEO must comply with a direction given under subsection (1).\n (3) Subsection (2) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n\n#### 14A CEO may obtain information\n\n (1) This section applies to a person if:\n (a) the CEO believes on reasonable grounds that the person has information that is relevant to the performance of any of the functions of the Agency referred to in paragraphs 8(1)(a), (b) and (g); and\n (b) the CEO is satisfied that the information:\n (i) is necessary for the performance of that function; and\n (ii) is not otherwise available to the CEO.\n (2) The CEO may, by written notice given to the person, request the person to give to the CEO, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A manner specified in a notice under subsection (2) must involve the use of a service to which paragraph 51(v) of the Constitution applies.\n (5) A person may comply with a request under subsection (2).\n (6) Subsection (5) has effect despite anything in:\n (a) a law of the Commonwealth (other than this Act); or\n (b) a law of a State or Territory.\n\n### Division 2—Appointment of the CEO\n\n#### 15 Appointment\n\n (1) The CEO is to be appointed by the Minister by written instrument, on a full‑time basis.\n (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointment\n\n The Minister may, by written instrument, appoint a person to act as CEO:\n (a) during a vacancy in the office of CEO, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n### Division 3—Terms and conditions of appointment\n\n#### 17 Remuneration and allowances\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the rules.\n (2) The CEO is to be paid the allowances that are prescribed by the rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Outside work\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 21 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 23 Termination of appointment\n\n The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity; or\n (c) if the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (e) if the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 19); or\n (f) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (g) if the Minister is satisfied that the CEO’s performance has been unsatisfactory.\n\n#### 23A Delegation\n\n (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act (other than section 14A which confers power on the CEO to obtain information in certain circumstances) to a person who is a member of the staff of the Agency.\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the CEO.\n\n### Division 4—Committees\n\n#### 24 Committees\n\n (1) The CEO may, by writing, establish committees to assist:\n (a) the CEO in the performance of his or her functions; or\n (b) the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the CEO determines.\n (3) If the CEO establishes a committee under subsection (1), the CEO must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n## Part 4—Staff etc.\n\n#### 25 Staff\n\n (1) The staff of the Agency must be persons engaged under the Public Service Act 1999.\n (2) For the purposes of that Act:\n (a) the CEO and the staff of the Agency together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n (1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Agency’s functions.\n (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Agency\n\n The Agency may be assisted:\n (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers or employees of a State or Territory; or\n (c) by officers or employees of authorities of the Commonwealth, a State or a Territory;\n whose services are made available to the Agency in connection with the performance of the Agency’s functions.\n\n## Part 5—Asbestos and Silica Safety and Eradication Council\n\n### Division 1—Functions of the Council etc.\n\n#### 28 Asbestos and Silica Safety and Eradication Council\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Council is continued in existence with the new name, Asbestos and Silica Safety and Eradication Council.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 29 Functions of the Council\n\n (1) The Council’s functions are:\n (a) to provide advice, and make recommendations, to the CEO about the performance of the Agency’s functions, on its own initiative or at the request of the CEO; and\n (b) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (c) to monitor the implementation of the National Strategic Plans by Commonwealth, State, Territory and local governments; and\n (d) to provide advice, and make recommendations, about the National Strategic Plans and annual operational plans.\n (2) The Council may issue written guidelines to the CEO about the performance of the Agency’s functions.\n (2A) The Council must not issue guidelines that are inconsistent with any directions given under section 14 (Minister’s directions to CEO).\n (2B) Any guidelines that are inconsistent with a direction of the kind referred to in subsection (2A) have no effect to the extent of the inconsistency.\n (3) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (5) Guidelines issued under subsection (2) are not a legislative instrument.\n\n#### 30 Minister may give directions to the Council\n\n (1) The Minister may, by legislative instrument, give written directions to the Council about the performance of the Council’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The Council must comply with a direction given under subsection (1).\n\n#### 30A Committees\n\n (1) The Council may, by writing, establish committees to assist the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the Council determines.\n (3) If the Council establishes a committee under subsection (1), the Council must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n### Division 2—Membership of the Council\n\n#### 31 Membership\n\n The Council is to consist of:\n (a) the Chair; and\n (b) one member representing the Commonwealth; and\n (c) 4 members representing State, Territory and local governments; and\n (d) 2 members representing the interests of workers in Australia; and\n (e) 2 members representing the interests of employers in Australia; and\n (ea) 1 member who has expertise relevant to asbestos safety, asbestos‑related diseases, silica safety or silica‑related diseases; and\n (f) 2 other members.\n\n#### 32 Appointment of Council members\n\n (1) The Council members are to be appointed by the Minister by written instrument, on a part‑time basis.\n (2) The instrument of appointment of a Council member must specify whether the member is appointed as:\n (a) the Chair; or\n (b) the member representing the Commonwealth; or\n (c) a member representing State, Territory and local governments; or\n (ca) the member representing the interests of workers in Australia; or\n (cb) the member representing the interests of employers in Australia; or\n (d) one of the other members.\n (3) A person is eligible for appointment as a Council member under paragraph 31(a), (d), (e) or (f) only if the Minister is satisfied that:\n (a) the person has knowledge or experience in one or more of the following:\n (i) asbestos safety;\n (ii) public health issues relating to asbestos;\n (iii) asbestos‑related diseases;\n (iv) the representation of, or the provision of support to, persons with asbestos‑related diseases and their families;\n (v) silica safety;\n (vi) silica‑related diseases;\n (vii) the representation of, or the provision of support to, persons with silica‑related diseases and their families;\n (viii) financial management;\n (ix) corporate governance; or\n (b) the person:\n (i) has, or has had, an asbestos‑related disease; or\n (ii) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos‑related disease; or\n (iii) has, or has had, a silica‑related disease; or\n (iv) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica‑related disease.\n (4) A person is eligible for appointment as a Council member under paragraph 31(d) only if:\n (a) the person has been nominated for the appointment by an authorised worker body; and\n (b) the Minister agrees to the person being appointed.\n (5) If an authorised worker body nominates a person but the Minister does not agree to the person being appointed, an authorised worker body (which may be the same or a different body) may nominate another person for the appointment.\n (6) The Minister may authorise a body for the purposes of subsections (4) and (5) if the Minister considers that the body represents the interests of workers in Australia. If the Minister does so, the body is an authorised worker body.\n (7) A person is eligible for appointment as a Council member under paragraph 31(e) only if:\n (a) the person has been nominated for the appointment by an authorised employer body; and\n (b) the Minister agrees to the person being appointed.\n (8) If an authorised employer body nominates a person but the Minister does not agree to the person being appointed, an authorised employer body (which may be the same or a different body) may nominate another person for the appointment.\n (9) The Minister may authorise a body for the purposes of subsections (7) and (8) if the Minister considers that the body represents the interests of employers in Australia. If the Minister does so, the body is an authorised employer body.\n\n#### 33 Term of appointment\n\n A Council member holds office for the period specified in the instrument of appointment. The period must not be more than 3 years.\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.\n\n#### 34 Acting appointment\n\n Appointment to act as Chair\n (1) The Minister may, by written instrument, appoint a Council member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n Appointment to act as member other than Chair\n (2) The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):\n (a) during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when a Council member (other than the Chair):\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n (3) If:\n (a) paragraph (2)(a) applies; and\n (b) the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n (4) If:\n (a) paragraph (2)(b) applies; and\n (b) the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n\n### Division 3—Terms and conditions of appointment\n\n#### 35 Remuneration and allowances\n\n (1) A Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n (2) However, a Council member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n (a) a State; or\n (b) a corporation (a public statutory corporation) that:\n (i) is established for a public purpose by a law of a State; and\n (ii) is not a tertiary education institution; or\n (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to a member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A Council member is to be paid the allowances that are prescribed by the rules.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 36 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to another Council member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants another Council member leave of absence for a period that exceeds 3 months.\n\n#### 37 Recording disclosures of interests\n\n (1) A disclosure by a Council member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) to each other member of the Council must be recorded:\n (a) in any advice provided, or recommendations made, to the CEO by the Council; and\n (b) in any guidelines issued to the CEO by the Council.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member is taken not to have complied with section 29 of that Act if the disclosure is not recorded as required by subsection (1) of this section.\n\n#### 38 Other terms and conditions\n\n A Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 39 Resignation\n\n (1) A Council member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 40 Termination of appointment\n\n The Minister may terminate the appointment of a Council member:\n (a) for misbehaviour; or\n (b) if the member is incapable of performing the duties of his or her office; or\n (c) if the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the member is absent, except on leave of absence, from 3 consecutive meetings of the Council; or\n (e) if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 4—Procedures of the Council\n\n#### 41 Meetings of the Council\n\n (1) The Chair must hold such meetings as are necessary for the efficient performance of the Council’s functions.\n (2) The Chair must preside at all meetings at which he or she is present.\n (3) If the Chair is not present at a meeting, the other Council members must appoint one of themselves to preside.\n\n#### 41A Quorum\n\n (1) At a meeting of the Council, a quorum is constituted by:\n (a) 2 members appointed under paragraph 31(c) (members representing State, Territory and local governments); and\n (b) any 6 other Council members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations or to take part in any decision of the Council with respect to a particular matter; and\n (b) when the member leaves the meeting concerned, there is no longer a quorum present;\n the remaining Council members at the meeting constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n\n#### 41B Voting at meetings\n\n (1) A question arising at a meeting of the Council is to be determined by a majority of the votes of the Council members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 41C Minutes\n\n The Council must keep minutes of its meetings.\n\n#### 41D Conduct of meetings\n\n The Council may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Council members may participate in meetings.\n\n#### 41E Decisions without meetings\n\n (1) The Council is taken to have made a decision at a meeting if:\n (a) without meeting, a majority of the Council members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Council under subsection (2); and\n (c) all the Council members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies only if the Council:\n (a) has determined that it may make decisions of that kind without meeting; and\n (b) has determined the method by which Council members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a Council member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Council.\n (4) The Council must keep a record of decisions made in accordance with this section.\n\n## Part 5A—Application of the finance law\n\n#### 41F Application of the finance law\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the following combination of bodies is a listed entity:\n (i) the Agency;\n (ii) the Council; and\n (b) the listed entity is to be known as the Asbestos and Silica Safety and Eradication Agency; and\n (c) the CEO is the accountable authority of the listed entity; and\n (d) the following persons are officials of the listed entity:\n (i) the CEO;\n (ii) the members of a committee established under section 24;\n (iii) the staff of the Agency;\n (iv) consultants engaged under section 26;\n (v) persons whose services are made available to the Agency under section 27;\n (vi) the Council members;\n (vii) the members of a committee established under section 30A; and\n (e) the purposes of the listed entity include:\n (i) the functions of the Agency referred to in section 8; and\n (ii) the functions of the CEO referred to in section 11; and\n (iii) the functions of the Council referred to in section 29.\n\n## Part 6—Planning\n\n#### 42 Annual operational plan\n\n (1) The CEO must, before the start of the 12‑month period that starts on 1 July in a year, give the Minister for approval an annual operational plan relating to that period.\n Content etc.\n (2) The annual operational plan must set out:\n (a) the activities to be undertaken by the Agency during the 12‑month period in the performance of the Agency’s functions; and\n (b) performance indicators for the assessment of the Agency’s performance of its functions during that period.\n (3) The annual operational plan must not be inconsistent with either of the National Strategic Plans.\n (4) The annual operational plan is taken to be a corporate plan for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 43 Approval of annual operational plan\n\n (1) The Minister may, by written notice given to the CEO:\n (a) approve an annual operational plan given to the Minister under section 42; or\n (b) request the CEO to amend an annual operational plan given to the Minister under section 42 and to resubmit it for approval.\n (2) An annual operational plan comes into force on the later of the following days:\n (a) the day it is approved by the Minister;\n (b) the first day of the period to which it relates.\n\n#### 44 Variation of annual operational plan\n\n (1) The CEO may, on his or her own initiative or at the request of the Minister, vary an annual operational plan and give the variation to the Minister for approval.\n (2) The Minister may, by written notice given to the CEO, approve the variation of the annual operational plan.\n (5) The variation of the annual operational plan takes effect on the day it is approved by the Minister.\n\n## Part 7—Miscellaneous\n\n#### 46 Delegation\n\n (1) The Agency may, in writing, delegate all or any of its functions or powers under this Act to:\n (a) the CEO; or\n (b) an SES employee, or acting SES employee, who is a member of the staff of the Agency.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Agency.\n\n#### 47 Review of the Agency’s role and functions\n\n (1) The Minister must cause a review of the Asbestos and Silica Safety and Eradication Agency’s ongoing role and functions to be conducted.\n (2) The review must:\n (a) start 5 years after the commencement of this section; and\n (b) be completed within 6 months.\n (3) The Minister must cause a written report about the review to be prepared.\n (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the completion of the report.\n\n#### 48 Rules\n\n The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Remuneration and allowances","content":"#### 17 Remuneration and allowances\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the rules.\n (2) The CEO is to be paid the allowances that are prescribed by the rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Leave of absence","content":"#### 18 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Outside work","content":"#### 19 Outside work\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Other terms and conditions","content":"#### 21 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Resignation","content":"#### 22 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Termination of appointment","content":"#### 23 Termination of appointment\n\n The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity; or\n (c) if the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (e) if the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 19); or\n (f) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (g) if the Minister is satisfied that the CEO’s performance has been unsatisfactory.","sortOrder":32},{"sectionNumber":"23A","sectionType":"section","heading":"Delegation","content":"#### 23A Delegation\n\n (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act (other than section 14A which confers power on the CEO to obtain information in certain circumstances) to a person who is a member of the staff of the Agency.\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the CEO.","sortOrder":33},{"sectionNumber":"Division 4","sectionType":"division","heading":"Committees","content":"An Act to establish the Asbestos and Silica Safety and Eradication Agency, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Asbestos and Silica Safety and Eradication Agency Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

21 June 2013

2. Sections 3 to 48

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2013

(see F2013L01226)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 2A Object of this Act\n\n The object of this Act is to establish the Asbestos and Silica Safety and Eradication Agency to lead coordinated and national action to eliminate asbestos‑related diseases and silica‑related diseases in Australia by:\n (a) fostering collaboration between:\n (i) persons and bodies involved in the regulation, management and control of asbestos safety and silica safety; and\n (ii) persons and bodies involved in dealing with issues related to asbestos‑related diseases and silica‑related diseases; and\n (b) supporting and monitoring the implementation of the National Strategic Plans by the Commonwealth and State, Territory and local governments; and\n (c) promoting national consistency in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (d) improving the state of knowledge and awareness of issues relating to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases.\n\n#### 3 Definitions\n\n In this Act:\n\n> Agency means the Asbestos and Silica Safety and Eradication Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Council means the Council referred to in section 28.\n\n> Asbestos National Strategic Plan has the meaning given by section 5A.\n\n> asbestos safety includes, but is not limited to, matters relating to asbestos awareness, education and information sharing, and the identification, management, removal, transportation, storage or disposal of asbestos in Australia or internationally.\n\n> CEO means the Chief Executive Officer of the Agency.\n\n> Chair means the Chair of the Council.\n\n> Council means the Asbestos and Silica Safety and Eradication Council.\n\n> Council member means a member of the Council (and includes the Chair).\n\n> National Strategic Plans means the Asbestos National Strategic Plan and the Silica National Strategic Plan.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> rules means the rules made by the Minister under section 48.\n\n> Silica National Strategic Plan has the meaning given by section 5B.\n\n> silica safety includes, but is not limited to, matters relating to awareness, education and information sharing in relation to respirable crystalline silica and products that contain silica.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in each of its capacities.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 1A—National Strategic Plans\n\n#### 5A Asbestos National Strategic Plan\n\n (1) The Asbestos National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate asbestos‑related diseases in Australia by preventing exposure to asbestos fibres; and\n (ii) to support workers and others who are affected by asbestos‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) identifying asbestos and preventing exposure risks, including through prioritised safe removal and effective waste management; and\n (ii) improving awareness of asbestos safety and asbestos‑related diseases; and\n (iii) improving research and national data in relation to asbestos safety and asbestos‑related diseases; and\n (iv) facilitating international collaboration in relation to asbestos safety and asbestos‑related diseases; and\n (v) any other relevant priorities.\n\n> Note: The Asbestos National Strategic Plan is available on the Agency’s website.\n\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n#### 5B Silica National Strategic Plan\n\n (1) The Silica National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate silica‑related diseases in Australia by preventing exposure to respirable crystalline silica; and\n (ii) to support workers and others who are affected by silica‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) eliminating or minimising exposure to respirable crystalline silica in workplaces; and\n (ii) improving awareness of silica safety and silica‑related diseases; and\n (iii) improving research and national data in relation to silica safety and silica‑related diseases; and\n (iv) facilitating international collaboration in relation to silica safety and silica‑related diseases; and\n (v) any other relevant priorities.\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n## Part 2—Asbestos and Silica Safety and Eradication Agency\n\n#### 6 Asbestos and Silica Safety and Eradication Agency\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Agency is continued in existence with the new name, Asbestos and Silica Safety and Eradication Agency.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 7 Constitution of the Agency\n\n The Agency consists of:\n (a) the CEO; and\n (b) the staff of the Agency.\n\n> Note: The Agency does not have a legal identity separate from the Commonwealth.\n\n#### 8 Functions of the Agency\n\n (1) The Agency has the following functions:\n (a) to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans;\n (b) to review, amend or replace, publish and promote the National Strategic Plans;\n (c) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (d) to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about:\n (i) the development, implementation, review and amendment of the National Strategic Plans; and\n (ii) asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (e) to conduct, commission, monitor and promote research about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (f) to raise awareness of asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases, including by developing and promoting materials on asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (g) to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence‑based policies and strategies;\n (h) to promote consistent messages, policies and practices in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (i) such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth;\n (j) to do anything incidental or conducive to the performance of any of the above functions.\n (2) The Agency has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n (3) In performing its functions, the Agency must act in accordance with the National Strategic Plans and any annual operational plan.\n Constitutional limits\n (4) The Agency may perform its functions only:\n (a) for purposes relating to the collection of statistics; or\n (b) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or\n (c) for purposes relating to trade and commerce:\n (i) between Australia and places outside Australia; or\n (ii) among the States; or\n (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n (d) for purposes relating to a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or\n (e) for purposes relating to a service to:\n (i) the Commonwealth; or\n (ii) an authority of the Commonwealth;\n for a purpose of the Commonwealth; or\n (f) in, or for purposes relating to, a Territory; or\n (g) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (h) for purposes relating to external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (i) for purposes relating to the defence of Australia; or\n (j) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or\n (k) for purposes relating to the executive power of the Commonwealth; or\n (l) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 8A Annual reports in relation to National Strategic Plans\n\n Annual report in relation to Asbestos National Strategic Plan\n (1) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (2) As soon as practicable after the Agency has prepared a report under subsection (1), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (e) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory;\n (f) each State or Territory Minister who is responsible, or principally responsible, for matters relating to the protection of the environment in the State or Territory.\n Annual report in relation to Silica National Strategic Plan\n (3) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (4) As soon as practicable after the Agency has prepared a report under subsection (3), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n Annual reports must be publicly available\n (5) The Agency must make each report prepared under subsection (1) or (3) publicly available.\n\n> Note: Example: A report may be published on the Agency’s website.\n\n#### 9 Agency to have the privileges and immunities of the Crown\n\n The Agency has the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—Chief Executive Officer\n\n### Division 1—Functions of the CEO etc.\n\n#### 10 Chief Executive Officer\n\n There is to be a Chief Executive Officer of the Agency.\n\n#### 11 Functions of the CEO\n\n (1) The functions of the CEO are:\n (a) to manage the affairs of the Agency; and\n (b) to ensure the Agency performs its functions.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 12 Working with the Council\n\n (1) If the Council provides advice or makes recommendations to the CEO under section 29, the CEO must have regard to that advice or those recommendations in performing the CEO’s functions.\n (1A) The CEO must comply with any guidelines issued by the Council under section 29.\n (1B) Subsection (1A) does not apply to the extent that:\n (a) compliance with the guidelines would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Agency; or\n (b) the guidelines relate to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n (2) The CEO may attend Council meetings.\n\n#### 14 Minister may give directions to the CEO\n\n (1) The Minister may, by legislative instrument, give written directions to the CEO about the performance of the Agency’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The CEO must comply with a direction given under subsection (1).\n (3) Subsection (2) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n\n#### 14A CEO may obtain information\n\n (1) This section applies to a person if:\n (a) the CEO believes on reasonable grounds that the person has information that is relevant to the performance of any of the functions of the Agency referred to in paragraphs 8(1)(a), (b) and (g); and\n (b) the CEO is satisfied that the information:\n (i) is necessary for the performance of that function; and\n (ii) is not otherwise available to the CEO.\n (2) The CEO may, by written notice given to the person, request the person to give to the CEO, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A manner specified in a notice under subsection (2) must involve the use of a service to which paragraph 51(v) of the Constitution applies.\n (5) A person may comply with a request under subsection (2).\n (6) Subsection (5) has effect despite anything in:\n (a) a law of the Commonwealth (other than this Act); or\n (b) a law of a State or Territory.\n\n### Division 2—Appointment of the CEO\n\n#### 15 Appointment\n\n (1) The CEO is to be appointed by the Minister by written instrument, on a full‑time basis.\n (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointment\n\n The Minister may, by written instrument, appoint a person to act as CEO:\n (a) during a vacancy in the office of CEO, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n### Division 3—Terms and conditions of appointment\n\n#### 17 Remuneration and allowances\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the rules.\n (2) The CEO is to be paid the allowances that are prescribed by the rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Outside work\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 21 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 23 Termination of appointment\n\n The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity; or\n (c) if the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (e) if the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 19); or\n (f) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (g) if the Minister is satisfied that the CEO’s performance has been unsatisfactory.\n\n#### 23A Delegation\n\n (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act (other than section 14A which confers power on the CEO to obtain information in certain circumstances) to a person who is a member of the staff of the Agency.\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the CEO.\n\n### Division 4—Committees\n\n#### 24 Committees\n\n (1) The CEO may, by writing, establish committees to assist:\n (a) the CEO in the performance of his or her functions; or\n (b) the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the CEO determines.\n (3) If the CEO establishes a committee under subsection (1), the CEO must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n## Part 4—Staff etc.\n\n#### 25 Staff\n\n (1) The staff of the Agency must be persons engaged under the Public Service Act 1999.\n (2) For the purposes of that Act:\n (a) the CEO and the staff of the Agency together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n (1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Agency’s functions.\n (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Agency\n\n The Agency may be assisted:\n (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers or employees of a State or Territory; or\n (c) by officers or employees of authorities of the Commonwealth, a State or a Territory;\n whose services are made available to the Agency in connection with the performance of the Agency’s functions.\n\n## Part 5—Asbestos and Silica Safety and Eradication Council\n\n### Division 1—Functions of the Council etc.\n\n#### 28 Asbestos and Silica Safety and Eradication Council\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Council is continued in existence with the new name, Asbestos and Silica Safety and Eradication Council.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 29 Functions of the Council\n\n (1) The Council’s functions are:\n (a) to provide advice, and make recommendations, to the CEO about the performance of the Agency’s functions, on its own initiative or at the request of the CEO; and\n (b) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (c) to monitor the implementation of the National Strategic Plans by Commonwealth, State, Territory and local governments; and\n (d) to provide advice, and make recommendations, about the National Strategic Plans and annual operational plans.\n (2) The Council may issue written guidelines to the CEO about the performance of the Agency’s functions.\n (2A) The Council must not issue guidelines that are inconsistent with any directions given under section 14 (Minister’s directions to CEO).\n (2B) Any guidelines that are inconsistent with a direction of the kind referred to in subsection (2A) have no effect to the extent of the inconsistency.\n (3) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (5) Guidelines issued under subsection (2) are not a legislative instrument.\n\n#### 30 Minister may give directions to the Council\n\n (1) The Minister may, by legislative instrument, give written directions to the Council about the performance of the Council’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The Council must comply with a direction given under subsection (1).\n\n#### 30A Committees\n\n (1) The Council may, by writing, establish committees to assist the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the Council determines.\n (3) If the Council establishes a committee under subsection (1), the Council must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n### Division 2—Membership of the Council\n\n#### 31 Membership\n\n The Council is to consist of:\n (a) the Chair; and\n (b) one member representing the Commonwealth; and\n (c) 4 members representing State, Territory and local governments; and\n (d) 2 members representing the interests of workers in Australia; and\n (e) 2 members representing the interests of employers in Australia; and\n (ea) 1 member who has expertise relevant to asbestos safety, asbestos‑related diseases, silica safety or silica‑related diseases; and\n (f) 2 other members.\n\n#### 32 Appointment of Council members\n\n (1) The Council members are to be appointed by the Minister by written instrument, on a part‑time basis.\n (2) The instrument of appointment of a Council member must specify whether the member is appointed as:\n (a) the Chair; or\n (b) the member representing the Commonwealth; or\n (c) a member representing State, Territory and local governments; or\n (ca) the member representing the interests of workers in Australia; or\n (cb) the member representing the interests of employers in Australia; or\n (d) one of the other members.\n (3) A person is eligible for appointment as a Council member under paragraph 31(a), (d), (e) or (f) only if the Minister is satisfied that:\n (a) the person has knowledge or experience in one or more of the following:\n (i) asbestos safety;\n (ii) public health issues relating to asbestos;\n (iii) asbestos‑related diseases;\n (iv) the representation of, or the provision of support to, persons with asbestos‑related diseases and their families;\n (v) silica safety;\n (vi) silica‑related diseases;\n (vii) the representation of, or the provision of support to, persons with silica‑related diseases and their families;\n (viii) financial management;\n (ix) corporate governance; or\n (b) the person:\n (i) has, or has had, an asbestos‑related disease; or\n (ii) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos‑related disease; or\n (iii) has, or has had, a silica‑related disease; or\n (iv) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica‑related disease.\n (4) A person is eligible for appointment as a Council member under paragraph 31(d) only if:\n (a) the person has been nominated for the appointment by an authorised worker body; and\n (b) the Minister agrees to the person being appointed.\n (5) If an authorised worker body nominates a person but the Minister does not agree to the person being appointed, an authorised worker body (which may be the same or a different body) may nominate another person for the appointment.\n (6) The Minister may authorise a body for the purposes of subsections (4) and (5) if the Minister considers that the body represents the interests of workers in Australia. If the Minister does so, the body is an authorised worker body.\n (7) A person is eligible for appointment as a Council member under paragraph 31(e) only if:\n (a) the person has been nominated for the appointment by an authorised employer body; and\n (b) the Minister agrees to the person being appointed.\n (8) If an authorised employer body nominates a person but the Minister does not agree to the person being appointed, an authorised employer body (which may be the same or a different body) may nominate another person for the appointment.\n (9) The Minister may authorise a body for the purposes of subsections (7) and (8) if the Minister considers that the body represents the interests of employers in Australia. If the Minister does so, the body is an authorised employer body.\n\n#### 33 Term of appointment\n\n A Council member holds office for the period specified in the instrument of appointment. The period must not be more than 3 years.\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.\n\n#### 34 Acting appointment\n\n Appointment to act as Chair\n (1) The Minister may, by written instrument, appoint a Council member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n Appointment to act as member other than Chair\n (2) The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):\n (a) during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when a Council member (other than the Chair):\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n (3) If:\n (a) paragraph (2)(a) applies; and\n (b) the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n (4) If:\n (a) paragraph (2)(b) applies; and\n (b) the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n\n### Division 3—Terms and conditions of appointment\n\n#### 35 Remuneration and allowances\n\n (1) A Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n (2) However, a Council member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n (a) a State; or\n (b) a corporation (a public statutory corporation) that:\n (i) is established for a public purpose by a law of a State; and\n (ii) is not a tertiary education institution; or\n (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to a member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A Council member is to be paid the allowances that are prescribed by the rules.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 36 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to another Council member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants another Council member leave of absence for a period that exceeds 3 months.\n\n#### 37 Recording disclosures of interests\n\n (1) A disclosure by a Council member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) to each other member of the Council must be recorded:\n (a) in any advice provided, or recommendations made, to the CEO by the Council; and\n (b) in any guidelines issued to the CEO by the Council.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member is taken not to have complied with section 29 of that Act if the disclosure is not recorded as required by subsection (1) of this section.\n\n#### 38 Other terms and conditions\n\n A Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 39 Resignation\n\n (1) A Council member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 40 Termination of appointment\n\n The Minister may terminate the appointment of a Council member:\n (a) for misbehaviour; or\n (b) if the member is incapable of performing the duties of his or her office; or\n (c) if the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the member is absent, except on leave of absence, from 3 consecutive meetings of the Council; or\n (e) if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 4—Procedures of the Council\n\n#### 41 Meetings of the Council\n\n (1) The Chair must hold such meetings as are necessary for the efficient performance of the Council’s functions.\n (2) The Chair must preside at all meetings at which he or she is present.\n (3) If the Chair is not present at a meeting, the other Council members must appoint one of themselves to preside.\n\n#### 41A Quorum\n\n (1) At a meeting of the Council, a quorum is constituted by:\n (a) 2 members appointed under paragraph 31(c) (members representing State, Territory and local governments); and\n (b) any 6 other Council members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations or to take part in any decision of the Council with respect to a particular matter; and\n (b) when the member leaves the meeting concerned, there is no longer a quorum present;\n the remaining Council members at the meeting constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n\n#### 41B Voting at meetings\n\n (1) A question arising at a meeting of the Council is to be determined by a majority of the votes of the Council members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 41C Minutes\n\n The Council must keep minutes of its meetings.\n\n#### 41D Conduct of meetings\n\n The Council may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Council members may participate in meetings.\n\n#### 41E Decisions without meetings\n\n (1) The Council is taken to have made a decision at a meeting if:\n (a) without meeting, a majority of the Council members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Council under subsection (2); and\n (c) all the Council members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies only if the Council:\n (a) has determined that it may make decisions of that kind without meeting; and\n (b) has determined the method by which Council members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a Council member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Council.\n (4) The Council must keep a record of decisions made in accordance with this section.\n\n## Part 5A—Application of the finance law\n\n#### 41F Application of the finance law\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the following combination of bodies is a listed entity:\n (i) the Agency;\n (ii) the Council; and\n (b) the listed entity is to be known as the Asbestos and Silica Safety and Eradication Agency; and\n (c) the CEO is the accountable authority of the listed entity; and\n (d) the following persons are officials of the listed entity:\n (i) the CEO;\n (ii) the members of a committee established under section 24;\n (iii) the staff of the Agency;\n (iv) consultants engaged under section 26;\n (v) persons whose services are made available to the Agency under section 27;\n (vi) the Council members;\n (vii) the members of a committee established under section 30A; and\n (e) the purposes of the listed entity include:\n (i) the functions of the Agency referred to in section 8; and\n (ii) the functions of the CEO referred to in section 11; and\n (iii) the functions of the Council referred to in section 29.\n\n## Part 6—Planning\n\n#### 42 Annual operational plan\n\n (1) The CEO must, before the start of the 12‑month period that starts on 1 July in a year, give the Minister for approval an annual operational plan relating to that period.\n Content etc.\n (2) The annual operational plan must set out:\n (a) the activities to be undertaken by the Agency during the 12‑month period in the performance of the Agency’s functions; and\n (b) performance indicators for the assessment of the Agency’s performance of its functions during that period.\n (3) The annual operational plan must not be inconsistent with either of the National Strategic Plans.\n (4) The annual operational plan is taken to be a corporate plan for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 43 Approval of annual operational plan\n\n (1) The Minister may, by written notice given to the CEO:\n (a) approve an annual operational plan given to the Minister under section 42; or\n (b) request the CEO to amend an annual operational plan given to the Minister under section 42 and to resubmit it for approval.\n (2) An annual operational plan comes into force on the later of the following days:\n (a) the day it is approved by the Minister;\n (b) the first day of the period to which it relates.\n\n#### 44 Variation of annual operational plan\n\n (1) The CEO may, on his or her own initiative or at the request of the Minister, vary an annual operational plan and give the variation to the Minister for approval.\n (2) The Minister may, by written notice given to the CEO, approve the variation of the annual operational plan.\n (5) The variation of the annual operational plan takes effect on the day it is approved by the Minister.\n\n## Part 7—Miscellaneous\n\n#### 46 Delegation\n\n (1) The Agency may, in writing, delegate all or any of its functions or powers under this Act to:\n (a) the CEO; or\n (b) an SES employee, or acting SES employee, who is a member of the staff of the Agency.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Agency.\n\n#### 47 Review of the Agency’s role and functions\n\n (1) The Minister must cause a review of the Asbestos and Silica Safety and Eradication Agency’s ongoing role and functions to be conducted.\n (2) The review must:\n (a) start 5 years after the commencement of this section; and\n (b) be completed within 6 months.\n (3) The Minister must cause a written report about the review to be prepared.\n (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the completion of the report.\n\n#### 48 Rules\n\n The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"Committees","content":"#### 24 Committees\n\n (1) The CEO may, by writing, establish committees to assist:\n (a) the CEO in the performance of his or her functions; or\n (b) the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the CEO determines.\n (3) If the CEO establishes a committee under subsection (1), the CEO must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.","sortOrder":35},{"sectionNumber":"Part 4","sectionType":"part","heading":"Staff etc.","content":"## Part 4—Staff etc.","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Staff","content":"#### 25 Staff\n\n (1) The staff of the Agency must be persons engaged under the Public Service Act 1999.\n (2) For the purposes of that Act:\n (a) the CEO and the staff of the Agency together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Consultants","content":"#### 26 Consultants\n\n (1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Agency’s functions.\n (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Persons assisting the Agency","content":"#### 27 Persons assisting the Agency\n\n The Agency may be assisted:\n (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers or employees of a State or Territory; or\n (c) by officers or employees of authorities of the Commonwealth, a State or a Territory;\n whose services are made available to the Agency in connection with the performance of the Agency’s functions.","sortOrder":39},{"sectionNumber":"Part 5","sectionType":"part","heading":"Asbestos and Silica Safety and Eradication Council","content":"An Act to establish the Asbestos and Silica Safety and Eradication Agency, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Asbestos and Silica Safety and Eradication Agency Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

21 June 2013

2. Sections 3 to 48

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2013

(see F2013L01226)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 2A Object of this Act\n\n The object of this Act is to establish the Asbestos and Silica Safety and Eradication Agency to lead coordinated and national action to eliminate asbestos‑related diseases and silica‑related diseases in Australia by:\n (a) fostering collaboration between:\n (i) persons and bodies involved in the regulation, management and control of asbestos safety and silica safety; and\n (ii) persons and bodies involved in dealing with issues related to asbestos‑related diseases and silica‑related diseases; and\n (b) supporting and monitoring the implementation of the National Strategic Plans by the Commonwealth and State, Territory and local governments; and\n (c) promoting national consistency in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (d) improving the state of knowledge and awareness of issues relating to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases.\n\n#### 3 Definitions\n\n In this Act:\n\n> Agency means the Asbestos and Silica Safety and Eradication Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6.\n\n> Asbestos and Silica Safety and Eradication Council means the Council referred to in section 28.\n\n> Asbestos National Strategic Plan has the meaning given by section 5A.\n\n> asbestos safety includes, but is not limited to, matters relating to asbestos awareness, education and information sharing, and the identification, management, removal, transportation, storage or disposal of asbestos in Australia or internationally.\n\n> CEO means the Chief Executive Officer of the Agency.\n\n> Chair means the Chair of the Council.\n\n> Council means the Asbestos and Silica Safety and Eradication Council.\n\n> Council member means a member of the Council (and includes the Chair).\n\n> National Strategic Plans means the Asbestos National Strategic Plan and the Silica National Strategic Plan.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> rules means the rules made by the Minister under section 48.\n\n> Silica National Strategic Plan has the meaning given by section 5B.\n\n> silica safety includes, but is not limited to, matters relating to awareness, education and information sharing in relation to respirable crystalline silica and products that contain silica.\n\n#### 4 Crown to be bound\n\n This Act binds the Crown in each of its capacities.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 1A—National Strategic Plans\n\n#### 5A Asbestos National Strategic Plan\n\n (1) The Asbestos National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate asbestos‑related diseases in Australia by preventing exposure to asbestos fibres; and\n (ii) to support workers and others who are affected by asbestos‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) identifying asbestos and preventing exposure risks, including through prioritised safe removal and effective waste management; and\n (ii) improving awareness of asbestos safety and asbestos‑related diseases; and\n (iii) improving research and national data in relation to asbestos safety and asbestos‑related diseases; and\n (iv) facilitating international collaboration in relation to asbestos safety and asbestos‑related diseases; and\n (v) any other relevant priorities.\n\n> Note: The Asbestos National Strategic Plan is available on the Agency’s website.\n\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n#### 5B Silica National Strategic Plan\n\n (1) The Silica National Strategic Plan is the plan with that name that:\n (a) aims:\n (i) to eliminate silica‑related diseases in Australia by preventing exposure to respirable crystalline silica; and\n (ii) to support workers and others who are affected by silica‑related diseases; and\n (b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:\n (i) eliminating or minimising exposure to respirable crystalline silica in workplaces; and\n (ii) improving awareness of silica safety and silica‑related diseases; and\n (iii) improving research and national data in relation to silica safety and silica‑related diseases; and\n (iv) facilitating international collaboration in relation to silica safety and silica‑related diseases; and\n (v) any other relevant priorities.\n (2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.\n\n## Part 2—Asbestos and Silica Safety and Eradication Agency\n\n#### 6 Asbestos and Silica Safety and Eradication Agency\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Agency is continued in existence with the new name, Asbestos and Silica Safety and Eradication Agency.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 7 Constitution of the Agency\n\n The Agency consists of:\n (a) the CEO; and\n (b) the staff of the Agency.\n\n> Note: The Agency does not have a legal identity separate from the Commonwealth.\n\n#### 8 Functions of the Agency\n\n (1) The Agency has the following functions:\n (a) to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans;\n (b) to review, amend or replace, publish and promote the National Strategic Plans;\n (c) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (d) to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about:\n (i) the development, implementation, review and amendment of the National Strategic Plans; and\n (ii) asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (e) to conduct, commission, monitor and promote research about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (f) to raise awareness of asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases, including by developing and promoting materials on asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (g) to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence‑based policies and strategies;\n (h) to promote consistent messages, policies and practices in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases;\n (i) such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth;\n (j) to do anything incidental or conducive to the performance of any of the above functions.\n (2) The Agency has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n (3) In performing its functions, the Agency must act in accordance with the National Strategic Plans and any annual operational plan.\n Constitutional limits\n (4) The Agency may perform its functions only:\n (a) for purposes relating to the collection of statistics; or\n (b) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or\n (c) for purposes relating to trade and commerce:\n (i) between Australia and places outside Australia; or\n (ii) among the States; or\n (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n (d) for purposes relating to a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or\n (e) for purposes relating to a service to:\n (i) the Commonwealth; or\n (ii) an authority of the Commonwealth;\n for a purpose of the Commonwealth; or\n (f) in, or for purposes relating to, a Territory; or\n (g) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (h) for purposes relating to external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (i) for purposes relating to the defence of Australia; or\n (j) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or\n (k) for purposes relating to the executive power of the Commonwealth; or\n (l) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 8A Annual reports in relation to National Strategic Plans\n\n Annual report in relation to Asbestos National Strategic Plan\n (1) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (2) As soon as practicable after the Agency has prepared a report under subsection (1), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (e) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory;\n (f) each State or Territory Minister who is responsible, or principally responsible, for matters relating to the protection of the environment in the State or Territory.\n Annual report in relation to Silica National Strategic Plan\n (3) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.\n (4) As soon as practicable after the Agency has prepared a report under subsection (3), the Agency must give a copy of the report to the following:\n (a) the Minister who administers this Act;\n (b) the Minister who administers the National Health Act 1953;\n (c) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;\n (d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n Annual reports must be publicly available\n (5) The Agency must make each report prepared under subsection (1) or (3) publicly available.\n\n> Note: Example: A report may be published on the Agency’s website.\n\n#### 9 Agency to have the privileges and immunities of the Crown\n\n The Agency has the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—Chief Executive Officer\n\n### Division 1—Functions of the CEO etc.\n\n#### 10 Chief Executive Officer\n\n There is to be a Chief Executive Officer of the Agency.\n\n#### 11 Functions of the CEO\n\n (1) The functions of the CEO are:\n (a) to manage the affairs of the Agency; and\n (b) to ensure the Agency performs its functions.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 12 Working with the Council\n\n (1) If the Council provides advice or makes recommendations to the CEO under section 29, the CEO must have regard to that advice or those recommendations in performing the CEO’s functions.\n (1A) The CEO must comply with any guidelines issued by the Council under section 29.\n (1B) Subsection (1A) does not apply to the extent that:\n (a) compliance with the guidelines would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Agency; or\n (b) the guidelines relate to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n (2) The CEO may attend Council meetings.\n\n#### 14 Minister may give directions to the CEO\n\n (1) The Minister may, by legislative instrument, give written directions to the CEO about the performance of the Agency’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The CEO must comply with a direction given under subsection (1).\n (3) Subsection (2) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Agency.\n\n#### 14A CEO may obtain information\n\n (1) This section applies to a person if:\n (a) the CEO believes on reasonable grounds that the person has information that is relevant to the performance of any of the functions of the Agency referred to in paragraphs 8(1)(a), (b) and (g); and\n (b) the CEO is satisfied that the information:\n (i) is necessary for the performance of that function; and\n (ii) is not otherwise available to the CEO.\n (2) The CEO may, by written notice given to the person, request the person to give to the CEO, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A manner specified in a notice under subsection (2) must involve the use of a service to which paragraph 51(v) of the Constitution applies.\n (5) A person may comply with a request under subsection (2).\n (6) Subsection (5) has effect despite anything in:\n (a) a law of the Commonwealth (other than this Act); or\n (b) a law of a State or Territory.\n\n### Division 2—Appointment of the CEO\n\n#### 15 Appointment\n\n (1) The CEO is to be appointed by the Minister by written instrument, on a full‑time basis.\n (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointment\n\n The Minister may, by written instrument, appoint a person to act as CEO:\n (a) during a vacancy in the office of CEO, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n### Division 3—Terms and conditions of appointment\n\n#### 17 Remuneration and allowances\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the rules.\n (2) The CEO is to be paid the allowances that are prescribed by the rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Outside work\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 21 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 22 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 23 Termination of appointment\n\n The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity; or\n (c) if the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (e) if the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 19); or\n (f) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (g) if the Minister is satisfied that the CEO’s performance has been unsatisfactory.\n\n#### 23A Delegation\n\n (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act (other than section 14A which confers power on the CEO to obtain information in certain circumstances) to a person who is a member of the staff of the Agency.\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the CEO.\n\n### Division 4—Committees\n\n#### 24 Committees\n\n (1) The CEO may, by writing, establish committees to assist:\n (a) the CEO in the performance of his or her functions; or\n (b) the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the CEO determines.\n (3) If the CEO establishes a committee under subsection (1), the CEO must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n## Part 4—Staff etc.\n\n#### 25 Staff\n\n (1) The staff of the Agency must be persons engaged under the Public Service Act 1999.\n (2) For the purposes of that Act:\n (a) the CEO and the staff of the Agency together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n (1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Agency’s functions.\n (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Agency\n\n The Agency may be assisted:\n (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers or employees of a State or Territory; or\n (c) by officers or employees of authorities of the Commonwealth, a State or a Territory;\n whose services are made available to the Agency in connection with the performance of the Agency’s functions.\n\n## Part 5—Asbestos and Silica Safety and Eradication Council\n\n### Division 1—Functions of the Council etc.\n\n#### 28 Asbestos and Silica Safety and Eradication Council\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Council is continued in existence with the new name, Asbestos and Silica Safety and Eradication Council.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.\n\n#### 29 Functions of the Council\n\n (1) The Council’s functions are:\n (a) to provide advice, and make recommendations, to the CEO about the performance of the Agency’s functions, on its own initiative or at the request of the CEO; and\n (b) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (c) to monitor the implementation of the National Strategic Plans by Commonwealth, State, Territory and local governments; and\n (d) to provide advice, and make recommendations, about the National Strategic Plans and annual operational plans.\n (2) The Council may issue written guidelines to the CEO about the performance of the Agency’s functions.\n (2A) The Council must not issue guidelines that are inconsistent with any directions given under section 14 (Minister’s directions to CEO).\n (2B) Any guidelines that are inconsistent with a direction of the kind referred to in subsection (2A) have no effect to the extent of the inconsistency.\n (3) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (5) Guidelines issued under subsection (2) are not a legislative instrument.\n\n#### 30 Minister may give directions to the Council\n\n (1) The Minister may, by legislative instrument, give written directions to the Council about the performance of the Council’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The Council must comply with a direction given under subsection (1).\n\n#### 30A Committees\n\n (1) The Council may, by writing, establish committees to assist the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the Council determines.\n (3) If the Council establishes a committee under subsection (1), the Council must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.\n\n### Division 2—Membership of the Council\n\n#### 31 Membership\n\n The Council is to consist of:\n (a) the Chair; and\n (b) one member representing the Commonwealth; and\n (c) 4 members representing State, Territory and local governments; and\n (d) 2 members representing the interests of workers in Australia; and\n (e) 2 members representing the interests of employers in Australia; and\n (ea) 1 member who has expertise relevant to asbestos safety, asbestos‑related diseases, silica safety or silica‑related diseases; and\n (f) 2 other members.\n\n#### 32 Appointment of Council members\n\n (1) The Council members are to be appointed by the Minister by written instrument, on a part‑time basis.\n (2) The instrument of appointment of a Council member must specify whether the member is appointed as:\n (a) the Chair; or\n (b) the member representing the Commonwealth; or\n (c) a member representing State, Territory and local governments; or\n (ca) the member representing the interests of workers in Australia; or\n (cb) the member representing the interests of employers in Australia; or\n (d) one of the other members.\n (3) A person is eligible for appointment as a Council member under paragraph 31(a), (d), (e) or (f) only if the Minister is satisfied that:\n (a) the person has knowledge or experience in one or more of the following:\n (i) asbestos safety;\n (ii) public health issues relating to asbestos;\n (iii) asbestos‑related diseases;\n (iv) the representation of, or the provision of support to, persons with asbestos‑related diseases and their families;\n (v) silica safety;\n (vi) silica‑related diseases;\n (vii) the representation of, or the provision of support to, persons with silica‑related diseases and their families;\n (viii) financial management;\n (ix) corporate governance; or\n (b) the person:\n (i) has, or has had, an asbestos‑related disease; or\n (ii) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos‑related disease; or\n (iii) has, or has had, a silica‑related disease; or\n (iv) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica‑related disease.\n (4) A person is eligible for appointment as a Council member under paragraph 31(d) only if:\n (a) the person has been nominated for the appointment by an authorised worker body; and\n (b) the Minister agrees to the person being appointed.\n (5) If an authorised worker body nominates a person but the Minister does not agree to the person being appointed, an authorised worker body (which may be the same or a different body) may nominate another person for the appointment.\n (6) The Minister may authorise a body for the purposes of subsections (4) and (5) if the Minister considers that the body represents the interests of workers in Australia. If the Minister does so, the body is an authorised worker body.\n (7) A person is eligible for appointment as a Council member under paragraph 31(e) only if:\n (a) the person has been nominated for the appointment by an authorised employer body; and\n (b) the Minister agrees to the person being appointed.\n (8) If an authorised employer body nominates a person but the Minister does not agree to the person being appointed, an authorised employer body (which may be the same or a different body) may nominate another person for the appointment.\n (9) The Minister may authorise a body for the purposes of subsections (7) and (8) if the Minister considers that the body represents the interests of employers in Australia. If the Minister does so, the body is an authorised employer body.\n\n#### 33 Term of appointment\n\n A Council member holds office for the period specified in the instrument of appointment. The period must not be more than 3 years.\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.\n\n#### 34 Acting appointment\n\n Appointment to act as Chair\n (1) The Minister may, by written instrument, appoint a Council member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n Appointment to act as member other than Chair\n (2) The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):\n (a) during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when a Council member (other than the Chair):\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n (3) If:\n (a) paragraph (2)(a) applies; and\n (b) the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n (4) If:\n (a) paragraph (2)(b) applies; and\n (b) the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n\n### Division 3—Terms and conditions of appointment\n\n#### 35 Remuneration and allowances\n\n (1) A Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n (2) However, a Council member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n (a) a State; or\n (b) a corporation (a public statutory corporation) that:\n (i) is established for a public purpose by a law of a State; and\n (ii) is not a tertiary education institution; or\n (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to a member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A Council member is to be paid the allowances that are prescribed by the rules.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 36 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to another Council member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants another Council member leave of absence for a period that exceeds 3 months.\n\n#### 37 Recording disclosures of interests\n\n (1) A disclosure by a Council member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) to each other member of the Council must be recorded:\n (a) in any advice provided, or recommendations made, to the CEO by the Council; and\n (b) in any guidelines issued to the CEO by the Council.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member is taken not to have complied with section 29 of that Act if the disclosure is not recorded as required by subsection (1) of this section.\n\n#### 38 Other terms and conditions\n\n A Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 39 Resignation\n\n (1) A Council member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 40 Termination of appointment\n\n The Minister may terminate the appointment of a Council member:\n (a) for misbehaviour; or\n (b) if the member is incapable of performing the duties of his or her office; or\n (c) if the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the member is absent, except on leave of absence, from 3 consecutive meetings of the Council; or\n (e) if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 4—Procedures of the Council\n\n#### 41 Meetings of the Council\n\n (1) The Chair must hold such meetings as are necessary for the efficient performance of the Council’s functions.\n (2) The Chair must preside at all meetings at which he or she is present.\n (3) If the Chair is not present at a meeting, the other Council members must appoint one of themselves to preside.\n\n#### 41A Quorum\n\n (1) At a meeting of the Council, a quorum is constituted by:\n (a) 2 members appointed under paragraph 31(c) (members representing State, Territory and local governments); and\n (b) any 6 other Council members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations or to take part in any decision of the Council with respect to a particular matter; and\n (b) when the member leaves the meeting concerned, there is no longer a quorum present;\n the remaining Council members at the meeting constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n\n#### 41B Voting at meetings\n\n (1) A question arising at a meeting of the Council is to be determined by a majority of the votes of the Council members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 41C Minutes\n\n The Council must keep minutes of its meetings.\n\n#### 41D Conduct of meetings\n\n The Council may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Council members may participate in meetings.\n\n#### 41E Decisions without meetings\n\n (1) The Council is taken to have made a decision at a meeting if:\n (a) without meeting, a majority of the Council members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Council under subsection (2); and\n (c) all the Council members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies only if the Council:\n (a) has determined that it may make decisions of that kind without meeting; and\n (b) has determined the method by which Council members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a Council member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Council.\n (4) The Council must keep a record of decisions made in accordance with this section.\n\n## Part 5A—Application of the finance law\n\n#### 41F Application of the finance law\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the following combination of bodies is a listed entity:\n (i) the Agency;\n (ii) the Council; and\n (b) the listed entity is to be known as the Asbestos and Silica Safety and Eradication Agency; and\n (c) the CEO is the accountable authority of the listed entity; and\n (d) the following persons are officials of the listed entity:\n (i) the CEO;\n (ii) the members of a committee established under section 24;\n (iii) the staff of the Agency;\n (iv) consultants engaged under section 26;\n (v) persons whose services are made available to the Agency under section 27;\n (vi) the Council members;\n (vii) the members of a committee established under section 30A; and\n (e) the purposes of the listed entity include:\n (i) the functions of the Agency referred to in section 8; and\n (ii) the functions of the CEO referred to in section 11; and\n (iii) the functions of the Council referred to in section 29.\n\n## Part 6—Planning\n\n#### 42 Annual operational plan\n\n (1) The CEO must, before the start of the 12‑month period that starts on 1 July in a year, give the Minister for approval an annual operational plan relating to that period.\n Content etc.\n (2) The annual operational plan must set out:\n (a) the activities to be undertaken by the Agency during the 12‑month period in the performance of the Agency’s functions; and\n (b) performance indicators for the assessment of the Agency’s performance of its functions during that period.\n (3) The annual operational plan must not be inconsistent with either of the National Strategic Plans.\n (4) The annual operational plan is taken to be a corporate plan for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 43 Approval of annual operational plan\n\n (1) The Minister may, by written notice given to the CEO:\n (a) approve an annual operational plan given to the Minister under section 42; or\n (b) request the CEO to amend an annual operational plan given to the Minister under section 42 and to resubmit it for approval.\n (2) An annual operational plan comes into force on the later of the following days:\n (a) the day it is approved by the Minister;\n (b) the first day of the period to which it relates.\n\n#### 44 Variation of annual operational plan\n\n (1) The CEO may, on his or her own initiative or at the request of the Minister, vary an annual operational plan and give the variation to the Minister for approval.\n (2) The Minister may, by written notice given to the CEO, approve the variation of the annual operational plan.\n (5) The variation of the annual operational plan takes effect on the day it is approved by the Minister.\n\n## Part 7—Miscellaneous\n\n#### 46 Delegation\n\n (1) The Agency may, in writing, delegate all or any of its functions or powers under this Act to:\n (a) the CEO; or\n (b) an SES employee, or acting SES employee, who is a member of the staff of the Agency.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Agency.\n\n#### 47 Review of the Agency’s role and functions\n\n (1) The Minister must cause a review of the Asbestos and Silica Safety and Eradication Agency’s ongoing role and functions to be conducted.\n (2) The review must:\n (a) start 5 years after the commencement of this section; and\n (b) be completed within 6 months.\n (3) The Minister must cause a written report about the review to be prepared.\n (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the completion of the report.\n\n#### 48 Rules\n\n The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.","sortOrder":40},{"sectionNumber":"28","sectionType":"section","heading":"Asbestos and Silica Safety and Eradication Council","content":"#### 28 Asbestos and Silica Safety and Eradication Council\n\n The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Council is continued in existence with the new name, Asbestos and Silica Safety and Eradication Council.\n\n> Note: See also section 25B of the Acts Interpretation Act 1901.","sortOrder":42},{"sectionNumber":"29","sectionType":"section","heading":"Functions of the Council","content":"#### 29 Functions of the Council\n\n (1) The Council’s functions are:\n (a) to provide advice, and make recommendations, to the CEO about the performance of the Agency’s functions, on its own initiative or at the request of the CEO; and\n (b) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; and\n (c) to monitor the implementation of the National Strategic Plans by Commonwealth, State, Territory and local governments; and\n (d) to provide advice, and make recommendations, about the National Strategic Plans and annual operational plans.\n (2) The Council may issue written guidelines to the CEO about the performance of the Agency’s functions.\n (2A) The Council must not issue guidelines that are inconsistent with any directions given under section 14 (Minister’s directions to CEO).\n (2B) Any guidelines that are inconsistent with a direction of the kind referred to in subsection (2A) have no effect to the extent of the inconsistency.\n (3) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (5) Guidelines issued under subsection (2) are not a legislative instrument.","sortOrder":43},{"sectionNumber":"30","sectionType":"section","heading":"Minister may give directions to the Council","content":"#### 30 Minister may give directions to the Council\n\n (1) The Minister may, by legislative instrument, give written directions to the Council about the performance of the Council’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (2) The Council must comply with a direction given under subsection (1).","sortOrder":44},{"sectionNumber":"30A","sectionType":"section","heading":"Committees","content":"#### 30A Committees\n\n (1) The Council may, by writing, establish committees to assist the Council in the performance of its functions.\n (2) A committee is to consist of such persons as the Council determines.\n (3) If the Council establishes a committee under subsection (1), the Council must, in writing, determine:\n (a) the committee’s terms of reference; and\n (b) the terms and conditions of appointment of the members of the committee; and\n (c) the procedures to be followed by the committee.\n (4) An instrument made under subsection (1) or (3) is not a legislative instrument.","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Membership","content":"#### 31 Membership\n\n The Council is to consist of:\n (a) the Chair; and\n (b) one member representing the Commonwealth; and\n (c) 4 members representing State, Territory and local governments; and\n (d) 2 members representing the interests of workers in Australia; and\n (e) 2 members representing the interests of employers in Australia; and\n (ea) 1 member who has expertise relevant to asbestos safety, asbestos‑related diseases, silica safety or silica‑related diseases; and\n (f) 2 other members.","sortOrder":47},{"sectionNumber":"32","sectionType":"section","heading":"Appointment of Council members","content":"#### 32 Appointment of Council members\n\n (1) The Council members are to be appointed by the Minister by written instrument, on a part‑time basis.\n (2) The instrument of appointment of a Council member must specify whether the member is appointed as:\n (a) the Chair; or\n (b) the member representing the Commonwealth; or\n (c) a member representing State, Territory and local governments; or\n (ca) the member representing the interests of workers in Australia; or\n (cb) the member representing the interests of employers in Australia; or\n (d) one of the other members.\n (3) A person is eligible for appointment as a Council member under paragraph 31(a), (d), (e) or (f) only if the Minister is satisfied that:\n (a) the person has knowledge or experience in one or more of the following:\n (i) asbestos safety;\n (ii) public health issues relating to asbestos;\n (iii) asbestos‑related diseases;\n (iv) the representation of, or the provision of support to, persons with asbestos‑related diseases and their families;\n (v) silica safety;\n (vi) silica‑related diseases;\n (vii) the representation of, or the provision of support to, persons with silica‑related diseases and their families;\n (viii) financial management;\n (ix) corporate governance; or\n (b) the person:\n (i) has, or has had, an asbestos‑related disease; or\n (ii) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos‑related disease; or\n (iii) has, or has had, a silica‑related disease; or\n (iv) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica‑related disease.\n (4) A person is eligible for appointment as a Council member under paragraph 31(d) only if:\n (a) the person has been nominated for the appointment by an authorised worker body; and\n (b) the Minister agrees to the person being appointed.\n (5) If an authorised worker body nominates a person but the Minister does not agree to the person being appointed, an authorised worker body (which may be the same or a different body) may nominate another person for the appointment.\n (6) The Minister may authorise a body for the purposes of subsections (4) and (5) if the Minister considers that the body represents the interests of workers in Australia. If the Minister does so, the body is an authorised worker body.\n (7) A person is eligible for appointment as a Council member under paragraph 31(e) only if:\n (a) the person has been nominated for the appointment by an authorised employer body; and\n (b) the Minister agrees to the person being appointed.\n (8) If an authorised employer body nominates a person but the Minister does not agree to the person being appointed, an authorised employer body (which may be the same or a different body) may nominate another person for the appointment.\n (9) The Minister may authorise a body for the purposes of subsections (7) and (8) if the Minister considers that the body represents the interests of employers in Australia. If the Minister does so, the body is an authorised employer body.","sortOrder":48},{"sectionNumber":"33","sectionType":"section","heading":"Term of appointment","content":"#### 33 Term of appointment\n\n A Council member holds office for the period specified in the instrument of appointment. The period must not be more than 3 years.\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.","sortOrder":49},{"sectionNumber":"34","sectionType":"section","heading":"Acting appointment","content":"#### 34 Acting appointment\n\n Appointment to act as Chair\n (1) The Minister may, by written instrument, appoint a Council member to act as the Chair:\n (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n Appointment to act as member other than Chair\n (2) The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):\n (a) during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or\n (b) during any period, or during all periods, when a Council member (other than the Chair):\n (i) is absent from duty or from Australia; or\n (ii) is, for any other reason, unable to perform the duties of the office.\n\n> Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.\n\n (3) If:\n (a) paragraph (2)(a) applies; and\n (b) the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).\n (4) If:\n (a) paragraph (2)(b) applies; and\n (b) the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f);\n a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).","sortOrder":50},{"sectionNumber":"35","sectionType":"section","heading":"Remuneration and allowances","content":"#### 35 Remuneration and allowances\n\n (1) A Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n (2) However, a Council member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n (a) a State; or\n (b) a corporation (a public statutory corporation) that:\n (i) is established for a public purpose by a law of a State; and\n (ii) is not a tertiary education institution; or\n (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to a member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n (3) A Council member is to be paid the allowances that are prescribed by the rules.\n (4) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":52},{"sectionNumber":"36","sectionType":"section","heading":"Leave of absence","content":"#### 36 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to another Council member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants another Council member leave of absence for a period that exceeds 3 months.","sortOrder":53},{"sectionNumber":"37","sectionType":"section","heading":"Recording disclosures of interests","content":"#### 37 Recording disclosures of interests\n\n (1) A disclosure by a Council member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) to each other member of the Council must be recorded:\n (a) in any advice provided, or recommendations made, to the CEO by the Council; and\n (b) in any guidelines issued to the CEO by the Council.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member is taken not to have complied with section 29 of that Act if the disclosure is not recorded as required by subsection (1) of this section.","sortOrder":54},{"sectionNumber":"38","sectionType":"section","heading":"Other terms and conditions","content":"#### 38 Other terms and conditions\n\n A Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":55},{"sectionNumber":"39","sectionType":"section","heading":"Resignation","content":"#### 39 Resignation\n\n (1) A Council member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.","sortOrder":56},{"sectionNumber":"40","sectionType":"section","heading":"Termination of appointment","content":"#### 40 Termination of appointment\n\n The Minister may terminate the appointment of a Council member:\n (a) for misbehaviour; or\n (b) if the member is incapable of performing the duties of his or her office; or\n (c) if the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (d) if the member is absent, except on leave of absence, from 3 consecutive meetings of the Council; or\n (e) if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.","sortOrder":57},{"sectionNumber":"41","sectionType":"section","heading":"Meetings of the Council","content":"#### 41 Meetings of the Council\n\n (1) The Chair must hold such meetings as are necessary for the efficient performance of the Council’s functions.\n (2) The Chair must preside at all meetings at which he or she is present.\n (3) If the Chair is not present at a meeting, the other Council members must appoint one of themselves to preside.","sortOrder":59},{"sectionNumber":"41A","sectionType":"section","heading":"Quorum","content":"#### 41A Quorum\n\n (1) At a meeting of the Council, a quorum is constituted by:\n (a) 2 members appointed under paragraph 31(c) (members representing State, Territory and local governments); and\n (b) any 6 other Council members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations or to take part in any decision of the Council with respect to a particular matter; and\n (b) when the member leaves the meeting concerned, there is no longer a quorum present;\n the remaining Council members at the meeting constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.","sortOrder":60},{"sectionNumber":"41B","sectionType":"section","heading":"Voting at meetings","content":"#### 41B Voting at meetings\n\n (1) A question arising at a meeting of the Council is to be determined by a majority of the votes of the Council members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.","sortOrder":61},{"sectionNumber":"41C","sectionType":"section","heading":"Minutes","content":"#### 41C Minutes\n\n The Council must keep minutes of its meetings.","sortOrder":62},{"sectionNumber":"41D","sectionType":"section","heading":"Conduct of meetings","content":"#### 41D Conduct of meetings\n\n The Council may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Council members may participate in meetings.","sortOrder":63},{"sectionNumber":"41E","sectionType":"section","heading":"Decisions without meetings","content":"#### 41E Decisions without meetings\n\n (1) The Council is taken to have made a decision at a meeting if:\n (a) without meeting, a majority of the Council members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Council under subsection (2); and\n (c) all the Council members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies only if the Council:\n (a) has determined that it may make decisions of that kind without meeting; and\n (b) has determined the method by which Council members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a Council member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Council.\n (4) The Council must keep a record of decisions made in accordance with this section.","sortOrder":64},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Application of the finance law","content":"## Part 5A—Application of the finance law","sortOrder":65},{"sectionNumber":"41F","sectionType":"section","heading":"Application of the finance law","content":"#### 41F Application of the finance law\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the following combination of bodies is a listed entity:\n (i) the Agency;\n (ii) the Council; and\n (b) the listed entity is to be known as the Asbestos and Silica Safety and Eradication Agency; and\n (c) the CEO is the accountable authority of the listed entity; and\n (d) the following persons are officials of the listed entity:\n (i) the CEO;\n (ii) the members of a committee established under section 24;\n (iii) the staff of the Agency;\n (iv) consultants engaged under section 26;\n (v) persons whose services are made available to the Agency under section 27;\n (vi) the Council members;\n (vii) the members of a committee established under section 30A; and\n (e) the purposes of the listed entity include:\n (i) the functions of the Agency referred to in section 8; and\n (ii) the functions of the CEO referred to in section 11; and\n (iii) the functions of the Council referred to in section 29.","sortOrder":66},{"sectionNumber":"Part 6","sectionType":"part","heading":"Planning","content":"## Part 6—Planning","sortOrder":67},{"sectionNumber":"42","sectionType":"section","heading":"Annual operational plan","content":"#### 42 Annual operational plan\n\n (1) The CEO must, before the start of the 12‑month period that starts on 1 July in a year, give the Minister for approval an annual operational plan relating to that period.\n Content etc.\n (2) The annual operational plan must set out:\n (a) the activities to be undertaken by the Agency during the 12‑month period in the performance of the Agency’s functions; and\n (b) performance indicators for the assessment of the Agency’s performance of its functions during that period.\n (3) The annual operational plan must not be inconsistent with either of the National Strategic Plans.\n (4) The annual operational plan is taken to be a corporate plan for the purposes of the Public Governance, Performance and Accountability Act 2013.","sortOrder":68},{"sectionNumber":"43","sectionType":"section","heading":"Approval of annual operational plan","content":"#### 43 Approval of annual operational plan\n\n (1) The Minister may, by written notice given to the CEO:\n (a) approve an annual operational plan given to the Minister under section 42; or\n (b) request the CEO to amend an annual operational plan given to the Minister under section 42 and to resubmit it for approval.\n (2) An annual operational plan comes into force on the later of the following days:\n (a) the day it is approved by the Minister;\n (b) the first day of the period to which it relates.","sortOrder":69},{"sectionNumber":"44","sectionType":"section","heading":"Variation of annual operational plan","content":"#### 44 Variation of annual operational plan\n\n (1) The CEO may, on his or her own initiative or at the request of the Minister, vary an annual operational plan and give the variation to the Minister for approval.\n (2) The Minister may, by written notice given to the CEO, approve the variation of the annual operational plan.\n (5) The variation of the annual operational plan takes effect on the day it is approved by the Minister.","sortOrder":70},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"## Part 7—Miscellaneous","sortOrder":71},{"sectionNumber":"46","sectionType":"section","heading":"Delegation","content":"#### 46 Delegation\n\n (1) The Agency may, in writing, delegate all or any of its functions or powers under this Act to:\n (a) the CEO; or\n (b) an SES employee, or acting SES employee, who is a member of the staff of the Agency.\n\n> Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Agency.","sortOrder":72},{"sectionNumber":"47","sectionType":"section","heading":"Review of the Agency’s role and functions","content":"#### 47 Review of the Agency’s role and functions\n\n (1) The Minister must cause a review of the Asbestos and Silica Safety and Eradication Agency’s ongoing role and functions to be conducted.\n (2) The review must:\n (a) start 5 years after the commencement of this section; and\n (b) be completed within 6 months.\n (3) The Minister must cause a written report about the review to be prepared.\n (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the completion of the report.","sortOrder":73},{"sectionNumber":"48","sectionType":"section","heading":"Rules","content":"#### 48 Rules\n\n The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.","sortOrder":74}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3 (Definitions)","severity":"medium","reasoning":"The definition of 'Agency' points to 'Asbestos and Silica Safety and Eradication Agency' and vice versa. A reader cannot resolve the meaning of either term from the definitions section alone without resorting to section 6. While section 6 ultimately resolves the referent, the definitions themselves are mutually circular and provide no independent meaning.","confidence":0.92,"description":"Circular definition: 'Agency' is defined as 'the Asbestos and Silica Safety and Eradication Agency referred to in section 6', and 'Asbestos and Silica Safety and Eradication Agency' is defined as 'the Agency referred to in section 6'. Each term is defined by reference to the other, creating a perfect circular loop."},{"type":"self_contradicting","section":"8(3) and 8(1)(b)","severity":"medium","reasoning":"If the Agency can amend or replace the National Strategic Plans under s.8(1)(b), but must also act in accordance with those plans under s.8(3), there is an internal tension. During any amendment or replacement process, the Agency is arguably acting inconsistently with the existing Plans. The Act provides no carve-out from s.8(3) for the amendment/replacement function.","confidence":0.78,"description":"The Agency is required to act in accordance with the National Strategic Plans (s.8(3)), yet one of its core functions is to 'review, amend or replace' those very same plans (s.8(1)(b)). Compliance with the Plans is mandatory while simultaneously the Agency has power to change them, creating a bootstrapping problem: the Agency must comply with a document it is also empowered to rewrite unilaterally."},{"type":"other","section":"8A(1)","severity":"medium","reasoning":"The phrase 'before the end of 31 December in each financial year' is grammatically and logically awkward. A financial year in Australia runs 1 July to 30 June. 31 December is not the end of a financial year. The most sensible reading is probably 'before 31 December of each calendar year', but as drafted it creates genuine confusion about the deadline's relationship to the reporting period (the previous financial year).","confidence":0.82,"description":"Section 8A(1) requires the Agency to prepare the annual report 'before the end of 31 December in each financial year'. Australian financial years end on 30 June. 31 December falls in the middle of a financial year, not at its end. The provision therefore requires a report to be prepared before a date that never coincides with the end of any financial year, making the temporal reference internally incoherent."},{"type":"impossible_compliance","section":"14A(5)","severity":"high","reasoning":"An information-gathering power with no compulsory component and no penalty for non-compliance is functionally useless as an enforcement tool. The detailed procedural scaffolding in ss.14A(2)-(4) suggests a coercive intent, but the word 'may' in s.14A(5) entirely negates it. The Agency is given a function to collect data (s.8(1)(g)) but the only information-collection power is entirely voluntary.","confidence":0.88,"description":"Section 14A(5) provides that 'a person may comply with a request' under subsection (2). This is framed as a permissive power ('may'), meaning there is no legal obligation whatsoever to respond to the CEO's information request. The CEO has an elaborate mechanism to request information — including mandatory minimum notice periods and constitutional constraints on delivery method — but the recipient can simply ignore it with no consequence."},{"type":"other","section":"41A(1)","severity":"low","reasoning":"The quorum formula of '2 members under s.31(c)' plus 'any 6 other Council members' = 8, drawn from a pool of 13 total members. This is not impossible but the drafting is ambiguous: if one of the '6 other' members happens to also be a s.31(c) member, can they count toward both limbs? The provision does not clearly exclude this possibility, potentially allowing a quorum of fewer than 8 distinct members.","confidence":0.62,"description":"The quorum provision requires 'any 6 other Council members' in addition to 2 State/Territory/local government members — totalling 8. The Council has a maximum composition of 12 members (1 Chair + 1 Commonwealth + 4 State/Territory/local + 2 workers + 2 employers + 1 expert + 2 other = 13, but 2 of the 4 State/Territory members already count toward the quorum separately). The quorum of 8 out of 13 is workable but the drafting is potentially ambiguous about whether the 2 State/Territory members forming the special quorum component are counted separately from or as part of the '6 other Council members'."},{"type":"self_contradicting","section":"42(1) and 43(2)","severity":"medium","reasoning":"Section 43(2)(b) effectively forces commencement on 1 July regardless of ministerial approval. Combined with s.8(3)'s requirement that the Agency act in accordance with any annual operational plan, the Agency could be required to follow an unapproved plan. This undermines the entire ministerial approval mechanism in s.43(1).","confidence":0.75,"description":"The annual operational plan must be given to the Minister 'before the start of the 12-month period that starts on 1 July' (s.42(1)), but the plan only comes into force on 'the later of: (a) the day it is approved by the Minister; (b) the first day of the period to which it relates' (s.43(2)). If the Minister delays approval beyond 1 July, the plan commences on 1 July before it is approved, meaning the Agency must act in accordance with an unapproved plan."},{"type":"other","section":"32(2) vs 31(ea)","severity":"medium","reasoning":"The omission of s.31(ea) from the s.32(2) list means there is no mechanism to formally designate a person as the expert member in their instrument of appointment. They would presumably fall under the residual 'other members' category in s.32(2)(d), but this creates a mismatch between the statutory composition requirement and the appointment documentation regime, potentially leaving the expert role unfilled or improperly categorised.","confidence":0.85,"description":"Section 31(ea) creates a category of Council member — '1 member who has expertise relevant to asbestos safety, asbestos-related diseases, silica safety or silica-related diseases' — but section 32(2), which lists the categories that must be specified in the instrument of appointment, has no corresponding category for this member. The instrument must specify one of (a) Chair, (b) Commonwealth member, (c) State/Territory/local member, (ca) worker representative, (cb) employer representative, or (d) 'one of the other members'. The expert member under s.31(ea) is invisible in the appointment instrument requirements."},{"type":"other","section":"5A(1) and 5A(2)","severity":"low","reasoning":"The two-tiered definition structure creates ambiguity: is a plan that meets s.5A(1) criteria but not the s.5A(2) threshold still the 'Asbestos National Strategic Plan' for the purposes of the Act? If not, the Agency has nothing to monitor, report on, or act in accordance with. If yes, what does it mean for a plan to be an ANSP but not 'represent a commitment'? The same issue applies identically to s.5B.","confidence":0.72,"description":"The Asbestos National Strategic Plan is defined in s.5A(1) as a plan that 'represents a commitment to implement an agreed set of strategic actions', but s.5A(2) conditions that representation of commitment on agreement by at least 6 governments. The definition in subsection (1) appears to grant the Plan its identity and legal status simply by having the right name and aims, yet subsection (2) then retroactively qualifies whether the plan actually 'represents a commitment'. A plan could satisfy subsection (1) without satisfying subsection (2), leaving its legal status indeterminate."}],"contradictions":[{"severity":"medium","section_a":"12(1A)","section_b":"12(1B)","confidence":0.7,"description":"Section 12(1A) imposes a mandatory obligation on the CEO to comply with Council guidelines, but section 12(1B) carves out compliance where it would be inconsistent with the CEO's functions under the PGPA Act 2013 or the Public Service Act 1999. Meanwhile, s.29(2A) prohibits the Council from issuing guidelines inconsistent with Ministerial directions. The combined effect creates a three-way hierarchy (Minister > PGPA/PSA > Council guidelines) but the interaction between the PGPA/PSA carve-out and the Ministerial direction override is not resolved: if a Council guideline is consistent with a Ministerial direction but inconsistent with the PGPA Act, which takes precedence is unclear."},{"severity":"high","section_a":"8(1)(b)","section_b":"5A(2) / 5B(2)","confidence":0.8,"description":"Section 8(1)(b) grants the Agency power to 'review, amend or replace' the National Strategic Plans. However, sections 5A(2) and 5B(2) provide that a Plan only 'represents a commitment' if agreed to by at least 6 governments. If the Agency amends or replaces a Plan unilaterally, the amended Plan would fail the inter-governmental agreement threshold and cease to 'represent a commitment', potentially rendering the Plan legally inoperative for the purposes of the Act. The Agency is thus empowered to inadvertently destroy the legal efficacy of the Plans it is meant to promote."},{"severity":"medium","section_a":"46(1)","section_b":"23A(1)","confidence":0.73,"description":"Section 46(1) allows 'the Agency' to delegate its functions to the CEO or SES staff. Section 7 defines the Agency as consisting of the CEO and staff. Section 23A(1) separately allows the CEO to delegate CEO functions to staff. The effect is that the Agency (which includes the CEO) can delegate Agency functions to the CEO — meaning the CEO can delegate to himself, which is a legal nullity. The Agency, lacking separate legal identity (per the note to s.7), cannot in practice exercise functions distinct from the CEO, making the delegation in s.46 to the CEO circular and redundant."},{"severity":"low","section_a":"24(1)","section_b":"30A(1)","confidence":0.65,"description":"Section 24(1) allows the CEO to establish committees to assist either the CEO or the Council. Section 30A(1) separately allows the Council to establish its own committees. This creates a potential conflict where both the CEO and the Council could establish committees purportedly assisting the Council, with potentially conflicting terms of reference, procedures, and membership, and no provision resolving which body's committee takes precedence or how conflicts between parallel committees are managed."},{"severity":"medium","section_a":"37(1) and 37(3)","section_b":"40(e)","confidence":0.77,"description":"Section 37(3) deems a Council member to have failed to comply with s.29 of the PGPA Act if they do not record their disclosure in Council advice or guidelines. Section 40(e) allows the Minister to terminate a Council member's appointment for failure to comply with s.29 of the PGPA Act. The combined effect is that a Council member who discloses an interest verbally but whose disclosure is not recorded in subsequent documents (perhaps through no fault of their own, as recording is a Council collective obligation) is deemed non-compliant and exposed to termination — even though they personally disclosed the interest as required."},{"severity":"low","section_a":"8A(1)","section_b":"8A(3)","confidence":0.6,"description":"Both subsections require the Agency to prepare reports on the Asbestos and Silica National Strategic Plans respectively 'before the end of 31 December in each financial year', reporting on 'the previous financial year'. Since both reports cover the same previous financial year and have the same deadline, the Agency must produce two separate reports on overlapping subject matter simultaneously, with no provision for a combined report or any coordination mechanism, potentially producing duplicative and inconsistent assessments of the same governmental activities."}]},"kimi_summary":{"_metrics":{"completionTokens":654},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2013 focus on asbestos alone. The 2023 amendments added silica-related diseases and renamed the Agency and Council accordingly. This doubled the Agency's remit to cover respirable crystalline silica — a separate occupational hazard with different exposure pathways, affected industries, and health outcomes. The strategic plans, reporting requirements, and Council membership rules were all duplicated or modified to accommodate this parallel regime."},"complexity_factors":["Multiple overlapping governance structures (Agency, CEO, Council, committees) with interlocking powers and reporting lines","12 constitutional limitations on Agency functions requiring careful jurisdictional analysis","Dual strategic plans (asbestos and silica) with separate reporting requirements and slightly different stakeholder groups","Complex appointment eligibility rules for Council members including nomination processes for worker and employer representatives","Nested exceptions in section 12(1B) where Council guidelines don't apply if inconsistent with other Commonwealth legislation","Cross-references to multiple other Acts including Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, and Remuneration Tribunal Act 1973","Quorum rules in section 41A with conditional provisions for conflict-of-interest situations","Information gathering power in section 14A with specific procedural constraints (14-day minimum, constitutional service requirement)"],"plain_english_summary":"This Act establishes the **Asbestos and Silica Safety and Eradication Agency** — a federal body that coordinates national efforts to eliminate diseases caused by asbestos and silica exposure.\n\n**What the Agency does:**\n- **Coordinates action** across Commonwealth, State and Territory governments to implement two National Strategic Plans — one for asbestos safety, one for silica safety\n- **Monitors progress** and publishes annual reports on how governments are performing\n- **Conducts and promotes research** into preventing exposure and supporting affected workers\n- **Raises public awareness** through education campaigns and materials\n- **Advises the Minister** on policy and promotes consistent national approaches\n\n**How it's structured:**\n- The **Agency** itself is led by a **Chief Executive Officer (CEO)** with staff\n- An **Advisory Council** with 12 members represents governments, workers, employers, and people with lived experience of asbestos or silica-related diseases\n- The Council advises the CEO and can issue guidelines, though the Minister can override these with directions\n\n**Key features:**\n- The Agency has no separate legal identity — it's part of the Commonwealth government\n- Its powers are limited to specific constitutional purposes (trade, statistics, external affairs, etc.)\n- The CEO can request information from people if necessary for the Agency's functions\n- Members can be removed for misconduct, bankruptcy, or poor performance\n- The legislation requires a review of the Agency every 5 years\n\n**Who it affects:**\n- Workers in industries with asbestos or silica exposure (construction, mining, manufacturing)\n- People with asbestos-related diseases (like mesothelioma) or silica-related diseases (like silicosis)\n- Government agencies responsible for workplace safety and public health\n- Employers and unions involved in managing hazardous materials"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act expands the remit of the pre‑existing Asbestos Safety and Eradication Agency to include silica (see s6 and the amended object at s2A). The enacted text broadens functions, membership eligibility criteria, and the National Strategic Plans to cover both asbestos‑related and silica‑related diseases (Part 1A, ss5A–5B; s8). That represents a clear scope increase from asbestos‑only coordination to a combined asbestos‑and‑silica national coordination body, with associated governance, data‑collection and reporting roles."},"complexity_factors":["Multiple institutional layers: Agency, CEO, Council, committees (ss6,10,28,24,30A).","15+ defined terms in the interpretation section that shape scope (s3).","Cross‑references to several major Acts: Public Governance, Performance and Accountability Act 2013; Public Service Act 1999; Remuneration Tribunal Act 1973; Legislation Act 2003 (multiple places).","Conditional national commitment requirement for Plans (must be agreed by at least 6 governments) (ss5A(2), 5B(2)).","Ministerial directions by legislative instrument with special disallowance/sunsetting treatment (ss14,30 and associated notes).","CEO information‑gathering power with procedural conditions and an override of other laws (s14A(2)–(6)).","Detailed appointment, eligibility and nomination procedures for Council members including authorised nominating bodies (ss31–32).","Quorum and voting rules with conditional quorum exceptions (ss41A–41B).","Finance‑law designation tying the Agency to Commonwealth budgeting and accountability rules (s41F).","Rule‑making power for the Minister by legislative instrument (s48) increasing delegated law complexity."],"plain_english_summary":"**What this Act does (mechanics)\n\n- Establishes and names the Asbestos and Silica Safety and Eradication Agency (the Agency) and continues the existing Asbestos Safety and Eradication Agency with an expanded remit that expressly includes respirable crystalline silica (s6, s2A). \n- Gives the Agency functions to lead, coordinate and monitor national action on asbestos‑related and silica‑related diseases: developing, reviewing and promoting National Strategic Plans, running research and data collection, awareness activities, and promoting consistent national messages (s8; Part 1A: ss5A–5B). \n- Creates a CEO to run the Agency (ss10–11) and an advisory Council (the Asbestos and Silica Safety and Eradication Council) with specified membership and duties to advise the CEO and Minister and to monitor Plan implementation (ss28–33, s29). \n- Requires annual operational planning by the CEO (Minister must approve) and annual public reporting on progress against the Asbestos and Silica National Strategic Plan and the Silica National Strategic Plan (ss42–44, s8A). \n- Confers practical powers: the Agency can do what is necessary to perform its functions (s8(2)); the CEO can request information by written notice (minimum 14 days) in specified forms of delivery (s14A); the Minister may give written directions to the CEO and Council by legislative instrument (ss14, 30); and the Minister may make rules by legislative instrument to carry out the Act (s48). \n- Sets governance details: appointments, terms, remuneration and conditions for the CEO and Council members; delegation and committee provisions; voting/quorum rules for the Council; finance‑law treatment (ss15–23, ss31–41, s41F, ss23A, 24, 46). \n- Places explicit constitutional limits on the Agency’s activities (s8(4)) and gives the Agency Crown privileges and immunities (s9).\n\nWho is affected (directly and indirectly)\n\n- Commonwealth bodies: Ministerial oversight, the CEO and Agency staff, and other Commonwealth agencies asked to assist or share staff (ss14, 25, 27). \n- State, Territory and local governments: consultation and implementation partners; Council must include representatives for State/Territory/local governments and report copies go to relevant State/Territory Ministers (ss31–32, s8A). \n- Workers and employers: the Council includes worker and employer representatives (nominations by authorised bodies) and the Plans target workplace exposure prevention (ss31–32, ss5A–5B). \n- Businesses and persons holding relevant information (e.g. industry, researchers, waste handlers): they may be asked to provide information to the CEO under s14A and may face compliance costs. \n- Healthcare, research and environmental bodies: recipients of Agency research, data and guidance; potential partners in implementing Plan actions.\n\nWhy it matters (stated purpose and practical effects)\n\n- Official stated object: to lead coordinated national action to eliminate asbestos‑related and silica‑related diseases through collaboration, national strategic planning and improved awareness and data (s2A, ss5A–5B). \n- Practical effect: centralises coordination, monitoring and data collection at a Commonwealth level; creates an institutional anchor for national targets and for aligning Commonwealth, State/Territory and local activities; gives the Agency statutory status and tools to gather evidence, issue plans and report publicly (ss8, 8A, 14A, 42–44).\n\nAnalytical notes (costs, incentives, trade‑offs, implementation risks)\n\n- Who pays: Agency staff, research, awareness campaigns and operations are Commonwealth expenses (budget appropriation processes under the finance law framework — s41F). States and Territories will incur implementation costs where Plans require changes to regulation or enforcement in areas they control. \n- Who decides: Minister controls high‑level direction (s14) and appointments; the CEO manages day‑to‑day and implements Plans (ss11, 42–44); the Council advises and monitors but cannot issue legally binding rules (s29). \n- Compliance burden: the CEO’s statutory information‑gathering power (s14A) can impose a data‑production cost on businesses and other bodies; the notice mechanism requires at least 14 days’ notice and a specified delivery method (s14A(2)–(4)). \n- Bureaucratic discretion and political control: Ministerial directions to the CEO and Council are by legislative instrument and (per the Act’s notes) may be excepted from ordinary disallowance/sunsetting processes, increasing executive control over Agency priorities (s14 and note; s30). Council guidelines to the CEO are non‑legislative and must not conflict with Ministerial directions (s29(2), s29(2A)). \n- Constitutional and legal limits: s8(4) confines Commonwealth activity to heads of power such as external affairs, corporations, trade and commerce, defence, Commonwealth places, statistics and services to the Commonwealth — this restricts where the Agency can legally operate without state cooperation. \n- Inter‑governmental coordination risk: several Plan commitments only become binding national commitments if agreed by at least 6 governments (Commonwealth + States/Territories) (ss5A(2), 5B(2)). That creates a natural bottleneck: national targets depend on multi‑jurisdictional buy‑in. \n- Opportunity costs and duplication risk: creating a federal Agency and new reporting structures redirects public funds and may duplicate existing state work (work health & safety regulators, health departments) unless roles are tightly coordinated under the Plans (s8, s8A). \n- Data and privacy/legislative overlap: s14A(6) says the CEO’s information power operates despite other Commonwealth or State/Territory laws (other than this Act), which can override confidentiality restrictions — useful for achieving a national evidence base but raises questions about interaction with privacy, public health and commercial secrecy regimes and may require careful implementation design (s14A(6)). \n\nConcentrated benefits, diffuse costs and implementation friction\n\n- Concentrated beneficiaries: organisations that supply Agency services (consultants, researchers) and stakeholder groups with representation on the Council may gain concentrated influence; targeted worker and patient support programs named in the Plans may benefit identifiable groups (s8, ss5A–5B, s26). \n- Diffuse costs: the general taxpayer funds Agency operations; businesses facing information notices or new nationally coordinated removal/waste practices may incur compliance or operational costs. \n- Implementation friction: achieving national consistency requires State/Territory agreement (ss5A(2), 5B(2)) and the Act builds in reporting, but not direct enforcement of State regulatory regimes. The Minister’s capacity to direct and the CEO’s information powers help central coordination but do not remove constitutional limits or requirement for state cooperation (s8(4), ss14, 14A).\n\nKey provisions to note quickly: s2A (object); ss5A–5B (definition and requirements for National Strategic Plans and need for 6 governments); s6 (continuation & name change); s8 (functions and constitutional limits); s8A (annual reports and public availability); s14/30 (Minister directions); s14A (CEO information powers); ss31–33 (Council composition and appointments); s42–44 (annual operational plan and Ministerial approval); s48 (rules)."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2013 Act established the 'Asbestos Safety and Eradication Agency' focused solely on asbestos. The scope has since been significantly expanded to include silica safety and silica-related diseases — a major addition reflecting the emergence of silicosis as a serious occupational health crisis, particularly among engineered stone (benchtop) workers. This is evidenced by the Act's current name change, the addition of the Silica National Strategic Plan, expanded Council membership criteria, separate annual reporting obligations for silica, and updated definitions. The Agency was essentially remodelled into a dual-hazard body."},"complexity_factors":["Dual-subject scope (asbestos AND silica) requiring parallel legislative frameworks throughout","Multi-layered governance structure with three distinct bodies: Agency, CEO, and Council — each with separate functions, appointment rules, and accountability mechanisms","Constitutional limitations clause (s8(4)) requiring the Agency to anchor each action to specific heads of Commonwealth constitutional power — a technical legal requirement invisible to non-lawyers","Intergovernmental coordination requirements involving Commonwealth, 8 states/territories, and local governments, with the '6 of 9 governments' threshold for plan validity","Intricate hierarchy of authority: Minister directs CEO and Council; Council issues guidelines to CEO; CEO must comply with guidelines unless they conflict with other legal obligations","Cross-references to multiple other Commonwealth Acts (Public Governance Performance and Accountability Act 2013, Public Service Act 1999, Remuneration Tribunal Act 1973, Legislation Act 2003)","Eligibility rules for Council appointments involve multiple categories of members with different nomination and authorisation processes (authorised worker bodies, authorised employer bodies, lived experience criteria)"],"plain_english_summary":"This Act creates a federal Asbestos and Silica Safety and Eradication Agency to coordinate Australia’s national effort to eliminate diseases from asbestos and crystalline silica. It affects workers, people already sick, families, employers, all levels of government and the public. The Agency does not enforce laws but monitors and reports on national strategic plans, funds research, runs awareness campaigns, collects data and advises the Minister to improve prevention and support."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/asbestos-and-silica-safety-and-eradication-agency-act-2013","history":"/api/acts/asbestos-and-silica-safety-and-eradication-agency-act-2013/history","analysis":"/api/acts/asbestos-and-silica-safety-and-eradication-agency-act-2013/analysis","conflicts":"/api/acts/asbestos-and-silica-safety-and-eradication-agency-act-2013/conflicts","importantCases":"/api/acts/asbestos-and-silica-safety-and-eradication-agency-act-2013/important-cases","documents":"/api/acts/asbestos-and-silica-safety-and-eradication-agency-act-2013/documents"}}