{"id":"nsw:sl-2010-0096","name":"James Hardie (Civil Penalty Compensation Release) Regulation 2010","slug":"james-hardie-civil-penalty-compensation-release-regulation-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"96 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178250,"registerId":"nsw-nsw:sl-2010-0096-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 Penalty Compensation Release) Regulation 2010](/view/html/inforce/current/sl-2010-0096).","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 Penalty Compensation Release) Act 2005](/view/html/inforce/current/act-2005-107).\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":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation does not change the substantive scope of the Act. It only designates which corporate entity (SE instead of NV) is treated as the company for the Act's purposes, preserving application, liabilities and claimant rights without expanding or narrowing covered persons."},"complexity_factors":["Very narrow subject-matter: single administrative recognition of corporate continuity (s4).","Relies on cross-reference to the James Hardie (Civil Penalty Compensation Release) Act 2005 for substantive effect (definition in s3).","Simple commencement rule tied to publication on the NSW legislation website (s2).","Precise corporate identification (legal form and ARBN) required, so accuracy in corporate details matters (s4).","Notes provision clarifies interpretive status but does not alter operation (s3(2))."],"plain_english_summary":"This regulation formally treats James Hardie Industries SE (ARBN 097 829 895) as the legal continuation of James Hardie Industries NV so the James Hardie (Civil Penalty Compensation Release) Act 2005 continues to apply to that corporate entity. It takes effect on publication. Mechanically the instrument decides which corporate body is bound by the Act, preserving existing liabilities, compliance obligations and claim rights rather than creating new entitlements or payments (see s4; commencement in s2)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on available information, the regulation appears to operate within its intended narrow scope — providing a specific mechanism for civil penalty releases connected to the James Hardie compensation arrangements. There is no evident scope creep beyond its stated purpose, though the limited text provided prevents a fully confident assessment."},"complexity_factors":["Sits within a complex web of James Hardie-specific NSW legislation requiring background knowledge to understand","Involves intersection of corporate law, civil penalty regimes, and compensation fund arrangements","The term 'civil penalty compensation release' involves nuanced legal concepts about when and how penalties can be waived or discharged","Requires understanding of the broader James Hardie corporate restructuring history and multiple related Acts","Cross-jurisdictional elements — James Hardie operated across NSW, federal, and international (Dutch incorporation) legal frameworks","Very limited substantive text was provided, making full analysis difficult and requiring contextual inference"],"plain_english_summary":"This NSW regulation provides a narrowly focused mechanism to release certain civil penalty liabilities linked to the James Hardie asbestos compensation arrangements, effectively trading potential fines for cooperation or fulfilment of obligations under the compensation framework.  \n\nIt affects victims indirectly by preserving the compensation scheme’s effectiveness and directly concerns James Hardie executives and entities whose penalty exposure may be extinguished to secure compliance with victim compensation."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This regulation performs exactly the narrow technical function intended: updating the parent Act to reflect a corporate restructure. It has not expanded beyond its original purpose of ensuring continuity of legal obligations following James Hardie's conversion from an NV to an SE structure."},"complexity_factors":["Extremely short: only 4 operative sections","Single substantive provision (section 4) containing a straightforward prescription","Only 1 defined term ('the Act')","No cross-references to other legislation except the parent Act","No conditional logic, exceptions, or procedural requirements","Purely declaratory in nature—simply declares one company to be the continuation of another"],"plain_english_summary":"This regulation is a technical fix for a corporate restructure involving James Hardie, the company famous for asbestos-related compensation claims.\n\n**What it does:**\nJames Hardie changed its corporate structure. It used to be called \"James Hardie Industries NV\" (a Dutch company), but restructured to become \"James Hardie Industries SE\" (a European company, specifically a \"Societas Europaea\" or SE).\n\nThis regulation simply says: **for legal purposes, the new company (James Hardie Industries SE) is treated as the same entity as the old company (James Hardie Industries NV).**\n\n**Why this matters:**\nThe James Hardie (Civil Penalty Compensation Release) Act 2005 contains special rules about how the company can pay compensation to asbestos victims while managing civil penalties. The Act specifically refers to \"James Hardie Industries NV.\" Without this regulation, the corporate restructure would have created legal uncertainty about whether the new company (SE) was still bound by those rules.\n\n**Who it affects:**\n- Asbestos victims seeking compensation from James Hardie\n- James Hardie Industries itself\n- The Australian Securities and Investments Commission (ASIC) and other regulators overseeing the compensation arrangements\n\nIn short: this keeps the compensation scheme working smoothly despite the company changing its corporate hat."}},"importantCases":[],"_links":{"self":"/api/acts/james-hardie-civil-penalty-compensation-release-regulation-2010","history":"/api/acts/james-hardie-civil-penalty-compensation-release-regulation-2010/history","analysis":"/api/acts/james-hardie-civil-penalty-compensation-release-regulation-2010/analysis","conflicts":"/api/acts/james-hardie-civil-penalty-compensation-release-regulation-2010/conflicts","importantCases":"/api/acts/james-hardie-civil-penalty-compensation-release-regulation-2010/important-cases","documents":"/api/acts/james-hardie-civil-penalty-compensation-release-regulation-2010/documents"}}