172Interpretation of this Division

172 Interpretation of this Division

(1)  For the purposes of this Division –

asbestos product means a product containing asbestos fibre and includes, but is not limited to including, cement, paper, millboard and paint, but does not include a secondary asbestos product;

secondary asbestos product means a product, manufactured by a person, that consists in whole or in part of an asbestos product and includes, but is not limited to including –

(a) building materials, pressure or sewerage pipes; and

(b) roofing felts, clutch facings, brakes or gaskets –

but does not include a building or other structure.

(2)  For the purposes of this Division, the relevant asbestos product in respect of a person who has a compensable disease is the particular asbestos product to which the person was exposed in the course of the person's employment as a worker during a period in which the person's employment is connected with this State.

(3)  For the purposes of this Division, a person is a culpable manufacturer in respect of a person who has a compensable disease if the first-mentioned person –

(a) manufactured the relevant asbestos product in respect of the person who has a compensable disease; and

(b) knew, at the time of manufacturing the relevant asbestos product, that asbestos was dangerous to human health or ought reasonably be expected to have known, at the time of manufacturing the relevant asbestos product, that asbestos was dangerous to human health.

(4)  For the purposes of this Division, a person is a culpable manufacturer in respect of a person who has a compensable disease if the first-mentioned person –

(a) manufactured a secondary asbestos product that contained the relevant asbestos product in respect of the person who has a compensable disease; and

(b) knew, at the time of manufacturing the secondary asbestos product, that the product contained asbestos or ought reasonably be expected to have known, at the time of manufacturing the secondary asbestos product, that the product contained asbestos; and