ACTIn ForceRegulation
Dangerous Substances (General) Regulation 2004
7Offences against regulation—application of Criminal
Start here
Get a plain-English read of 7
Turn the raw legal text into a practical explanation grounded in Dangerous Substances (General) Regulation 2004.
7 Offences against regulation—application of Criminal
Code etc
Other legislation applies in relation to offences against this
regulation.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Section 300
page 4 Dangerous Substances (General) Regulation 2004
Chapter 3 Asbestos and asbestos
containing material
300 Object—ch 3
The object of this chapter is to protect people against the risk of
asbestos-related disease resulting from exposure to airborne asbestos
fibres.
301 Meaning of asbestos containing material (ACM)—ch 3
asbestos containing material (ACM)—see the Work Health and
Safety Regulation 2011, dictionary.
Asbestos management—non-workplace premises Part 3.3
Section 311
Part 3.3 Asbestos management—
non-workplace premises
311 Application—pt 3.3
(1) This part applies to premises if—
(a) asbestos or asbestos containing material is being removed from
the premises; and
(b) at the time the asbestos or asbestos containing material is being
removed, the premises are not a workplace.
(2) However, this part does not apply to premises if the removal of
asbestos or asbestos containing material is incidental to minor or
routine maintenance work, or other minor work, at the premises.
(3) In this section:
workplace—see the Work Health and Safety Act 2011, section 8.
312 Removal of asbestos or ACM from premises
(1) A person must not remove asbestos or asbestos containing material
from premises unless the person is a licensed asbestos removalist,
licensed to remove the asbestos or asbestos containing material.