ACTIn ForceAct
Building Act 2004
42AContravention of requirements for building work
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42A Contravention of requirements for building work
involving asbestos
(1) This section applies to building work that involves handling asbestos
or disturbing friable asbestos.
(a) the person is—
(i) a licensed builder; or
(ii) a licensed asbestos assessor; or
(iii) a licensed asbestos removalist; and
(b) carries out the building work; and
(c) the carrying out of the building work fails to comply with 1 or
(d) the person either—
(i) knew that the building work was not carried out in
compliance with section 42; or
(ii) was reckless about whether the building work was carried
out in compliance with section 42.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
(3) A person commits an offence if—
(a) the person carries out the building work; and
(c) the person intended to carry out the building work in a way that
did not comply with the requirements under section 42.
(a) the person is the owner of a parcel of land where the building
work is carried out; and
(b) the carrying out of the building work does not comply with 1 or
(c) the person intended to have the building work carried out in a
way that did not comply with section 42.
licensed asbestos assessor—see the Work Health and Safety
Regulation 2011, dictionary.
licensed asbestos removalist—see the Work Health and Safety
Regulation 2011, dictionary.