{"id":"nsw:sl-2010-0095","name":"James Hardie (Civil Liability) Regulation 2010","slug":"james-hardie-civil-liability-regulation-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"95 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178260,"registerId":"nsw-nsw:sl-2010-0095-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [James Hardie (Civil Liability) Regulation 2010](/view/html/inforce/current/sl-2010-0095).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation:\n> > \n> > the Act means the [James Hardie (Civil Liability) Act 2005](/view/html/inforce/current/act-2005-106).\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"James Hardie Industries SE is prescribed continuation of James Hardie Industries NV","content":"#### 4 James Hardie Industries SE is prescribed continuation of James Hardie Industries NV\n\n4 James Hardie Industries SE is prescribed continuation of James Hardie Industries NV\n\n> The Societas Europaea with the corporate name James Hardie Industries SE (and registered as a foreign company under the Corporations Act with that name and ARBN 097 829 895) is prescribed as a continuation of James Hardie Industries NV for the purposes of the definition of James Hardie Industries NV in section 3 (1) of the Act.","sortOrder":3}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This regulation maintains its original narrow purpose. It was always intended as a technical update to preserve legal continuity when James Hardie changed its corporate structure, and it does exactly that without expanding into broader liability or compensation matters."},"complexity_factors":["Only 4 operative sections total","Zero defined terms beyond 'the Act'","No cross-references to other legislation except the parent Act","Single substantive provision (section 4) with straightforward declaratory language","No conditional logic, exceptions, or procedural requirements","Extremely narrow, single-purpose instrument"],"plain_english_summary":"**What this legislation does:**\n\nThis regulation is a short, technical fix that updates which company is legally recognised as the successor to James Hardie Industries NV — a company central to Australia's largest asbestos compensation scandal.\n\n**Who it affects:**\n\n- **Asbestos victims** seeking compensation from the James Hardie group\n- **James Hardie Industries SE** — the European company that replaced the Dutch-based James Hardie Industries NV\n- **Courts and lawyers** handling civil liability claims against James Hardie entities\n\n**Why it matters:**\n\nIn 2005, the NSW Parliament passed special laws to make sure James Hardie couldn't escape paying compensation to asbestos victims by restructuring overseas. Those laws specifically named \"James Hardie Industries NV\" (a Dutch company) as the entity responsible.\n\nHowever, companies can change their legal form. James Hardie Industries NV later converted into a **Societas Europaea** (a type of European company, abbreviated as \"SE\") and changed its name to **James Hardie Industries SE**.\n\nThis regulation simply says: *for legal purposes, the new SE company is treated as the same entity as the old NV company*. This ensures:\n- Compensation claims keep flowing to the right company\n- Legal continuity is maintained despite the corporate restructuring\n- The 2005 Act's protections remain effective\n\n**In short:** It's a housekeeping measure to prevent a legal loophole from opening up just because the company changed its corporate structure."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulation does not change the substantive scope of the Act; it formally identifies James Hardie Industries SE as the continuation of James Hardie Industries NV for the Act's definition (Regulation s4). This preserves continuity of which corporate entity is covered without altering the Act's existing liabilities or remedies."},"complexity_factors":["Single operative provision prescribing corporate continuity (s4) — reduces structural complexity.","Depends on cross-reference to the Act's definition of 'James Hardie Industries NV' (Regulation s4 to Act s3(1)) — requires checking the principal Act to see legal consequences.","Involves technical corporate identity and registration detail (ARBN, foreign company registration) — requires familiarity with corporate registration concepts (s4).","Legal effect is interpretive rather than substantive: changes which entity the Act treats as the named company, potentially affecting parties' litigation targets and liabilities (s4).","No ongoing regulatory duties or administrative regime in the instrument — low compliance burden and limited implementation risk (entire Regulation).","No discretionary powers granted to officials in the Regulation — deterministic prescription lowers enforcement complexity (entire Regulation)."],"plain_english_summary":"This regulation designates James Hardie Industries SE (ARBN 097 829 895) as the legal continuation of James Hardie Industries NV for the purposes of the James Hardie (Civil Liability) Act 2005. Mechanically, it updates which corporate entity the Act treats as ‘James Hardie Industries NV’. It affects the company and any parties engaged in civil-liability proceedings under the Act because that identification determines which legal entity holds rights and liabilities under the Act."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Cannot be assessed — the substantive text of the regulation was not provided. The metadata shows no amendments since commencement in 2010, suggesting the regulation has remained within its original scope, but this cannot be confirmed from the available information alone."},"complexity_factors":["Insufficient legislative text provided — only webpage metadata and navigation elements were supplied, making substantive analysis impossible","The parent Act (James Hardie Civil Liability Act) deals with complex asbestos compensation liability frameworks, which are inherently technical","As a regulation (subordinate legislation), it must be read alongside its parent Act to be fully understood, adding interpretive complexity","Asbestos liability law involves intersection of tort law (personal injury), corporate law, and specialist compensation schemes","Score is conservatively low because the actual regulatory content — which could be simple procedural detail or complex liability rules — cannot be assessed"],"plain_english_summary":"This NSW regulation, made under the James Hardie (Civil Liability) Act, implements the liability framework related to James Hardie’s asbestos products. It has been in force since 19 March 2010, never amended, and remains current.\n\nAffected parties include people with asbestos-related diseases (and their families), legal representatives, and the Asbestos Injuries Compensation Fund. The regulation’s substantive text wasn’t provided, so a full plain‑English summary of its specific provisions can’t be given here."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/james-hardie-civil-liability-regulation-2010","history":"/api/acts/james-hardie-civil-liability-regulation-2010/history","analysis":"/api/acts/james-hardie-civil-liability-regulation-2010/analysis","conflicts":"/api/acts/james-hardie-civil-liability-regulation-2010/conflicts","importantCases":"/api/acts/james-hardie-civil-liability-regulation-2010/important-cases","documents":"/api/acts/james-hardie-civil-liability-regulation-2010/documents"}}