Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsNew chapter 21
insert
Chapter 21 Transitional—Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014
818 Meaning of commencement day —ch 21
In this chapter:
"commencement day" means the day the Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 , section 3 commences.
819 Asbestos assessor licence—Class A
(1) This section applies if, immediately before the commencement day, a person holds an asbestos assessor licence, Class A (an old licence ) under the Construction Occupations (Licensing) Act 2004
, section 19 (Decision on licence application).
(2) The old licence is, on the commencement day, taken to be an asbestos assessor licence (a new licence ) under section 497 (Decision on application)—
(a) in the same terms as the old licence; and
(b) subject to the same conditions as the old licence.
(3) The new licence—
(a) expires on the expiry date stated in the old licence; and
(b) must not be transferred or renewed; but
(c) may be amended.
820 Asbestos assessor licence—Class B
(1) This section applies if, immediately before the commencement day, a person holds an asbestos assessor licence, Class B (an old licence ) under the Construction Occupations (Licensing) Act 2004
, section 19 (Decision on licence application).
(2) The old licence is, on the commencement day, taken to be an asbestos assessor licence (a new licence ) under section 497 (Decision on application)—
(a) in the same terms as the old licence; and
(b) subject to the same conditions as the old licence; but
(c) licensing the assessor only to undertake field surveys to identify the location, type and condition of asbestos in buildings for the Building Act 2004
, the Civil Law (Sale of Residential Property) Act 2003
, the Construction Occupations (Licensing) Act 2004
, the Dangerous Substances Act 2004
or the Residential Tenancies Act 1997
, including, for example, by bulk sampling.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(3) The new licence—
(a) expires on the expiry date stated in the old licence; and
(b) must not be transferred or renewed; but
(c) may be amended.
821 Asbestos removal licence—Class A
(1) This section applies if, immediately before the commencement day, a person or partnership holds an asbestos removalist licence, Class A (an old licence ) under the Construction Occupations (Licensing) Act 2004
, section 19 (Decision on licence application).
(2) The old licence is, on the commencement day, taken to be a Class A asbestos removal licence (a new licence ) granted under section 497 (Decision on application)—
(a) in the same terms as the old licence; and
(b) subject to the same conditions as the old licence.
(3) The new licence—
(a) expires on the expiry date stated in the old licence; and
(b) must not be transferred or renewed; but
(c) may be amended.
822 Asbestos removal licence—Class B
(1) This section applies if, immediately before the commencement day, a person or partnership holds an asbestos removalist licence, Class B (an old licence ) under the Construction Occupations (Licensing) Act 2004
, section 19 (Decision on licence application).
(2) The old licence is, on the commencement day, taken to be a Class B asbestos removal licence (a new licence ) granted under section 497 (Decision on application)—
(a) in the same terms as the old licence; and
(b) subject to the same conditions as the old licence.
(3) The new licence—
(a) expires on the expiry date stated in the old licence; and
(b) must not be transferred or renewed; but
(c) may be amended.
823 Asbestos register
(1) This section applies if, immediately before the commencement day, a person has an asbestos register under the Dangerous Substances (General) Regulation 2004
, section 327 (Asbestos register).
(2) The asbestos register is taken to be an asbestos register under section 425 (Asbestos register).
824 Asbestos management plans
(1) This section applies if, immediately before the commencement day, a person has an asbestos management plan under the Dangerous Substances (General) Regulation 2004
, section 325 (Asbestos management plan).
(2) The asbestos management plan is taken to be an asbestos management plan under section 429 (Asbestos management plan).
825 Occupational discipline—licensees
(1) This section applies if, immediately before the commencement day—
(a) a person holds an asbestos removal licence, or an asbestos assessor licence, under the Construction Occupations (Licensing) Act 2004
, section 19 (Decision on licence application); and
(b) the registrar has applied to the ACAT for an order for occupational discipline in relation to the person; and
(c) the ACAT has not decided whether to make an order for occupational discipline.
(2) The Construction Occupations (Licensing) Act 2004
and the ACT Civil and Administrative Tribunal Act 2008
continue to apply to the application.
(3) If the ACAT makes an order for occupational discipline in relation to the person, and the person's licence is taken to be a new licence under section 819, section 820, section 821 or section 822, the order for occupational discipline applies to the person in relation to the new licence.
826 Expiry—ch 21
This chapter expires 5 years after the commencement day.
Note Transitional provisions are kept in the regulation for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).