ACT Numbered Regulations - Explanatory Statements

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CIVIL LAW (SALE OF RESIDENTIAL PROPERTY) AMENDMENT REGULATION 2015 (NO 1) (NO 18 OF 2015)

2015





LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY







CIVIL LAW (SALE OF RESIDENTIAL PROPERTY)
AMENDMENT REGULATION 2015 (No 1)
SL2015-18










EXPLANATORY STATEMENT

Presented by
Simon Corbell MLA
Attorney-General

Civil Law (Sale of Residential Property) Amendment Regulation 2015 (No 1)

Overview
This explanatory statement relates to the Civil Law (Sale of Residential Property) Amendment Regulation 2015 (No 1) (the Amending Regulation). The Statement must be read in conjunction with the Amending Regulation. It is not, and is not meant to be, a comprehensive description of the Amending Regulation. What is said about a provision is not to be taken as an authoritative guide to the meaning of a provision, this being a task for the courts.

The Amending Regulation is made under the Civil Law (Sale of Residential Property) Act 2003 (the Act). The amendment is complementary to the amendments made by the Dangerous Substances (General) Amendment Regulation 2015 (No 1) and the Dangerous Substances (General) Amendment Regulation 2015 (No 2). Those amendments have the effect of requiring an inspection of the living areas of premises that are affected by loose-fill asbestos insulation to identify the extent, if any, of asbestos contamination in those living areas.

The Amending Regulation is consequential to the amendments to the Dangerous Substances (General) Regulation 2004 and ensures that the specific reports that are required under that Regulation are given a similar status and made available in the same way as an asbestos assessment report under the Dangerous Substances Act 2004, section 47K.

There are two stages to the commencement of the Amending Regulation and this reflects the two stages of the requirements for inspection and management of loose-fill asbestos contamination in the living areas of residential premises in the Dangerous Substances (General) Regulation 2004. The amendments made by the Dangerous Substances (General) Amendment Regulation 2015 (No 1) require homeowners of affected residential premises to have an inspection of the living areas of the premises for loose-fill asbestos contamination and to have this inspection by 15 May 2015. This requirement is replaced by the more extensive requirement in the Dangerous Substances (General) Amendment Regulation 2015 (No 2) for an asbestos contamination report that includes a risk assessment and management component.

Regulatory impact statement

A regulatory impact statement is not required for this regulation as it does not impose any appreciable costs on the community, or a part of the community.

Human Rights Implications
The Amending Regulation does not engage the Human Rights Act 2004.

Outline of provisions

Clause 1—Name of regulation

This is a technical clause that explains that the regulation is the Civil Law (Sale of Residential Property) Amendment Regulation 2015 (No 1).

Clause 2—Commencement

This clause sets out a split commencement for the Amending Regulation that aligns to the commencement of the Dangerous Substances (General) Amendment Regulation 2015 (No 1) and the Dangerous Substances (General) Amendment Regulation 2015 (No 2).

Clause 3—Legislation amended

This clause provides that this regulation will amend the Civil Law (Sale of Residential Property) Regulation 2004.

Clause 4—New section 10A

This clause prescribes an asbestos contamination identification report required under the Dangerous Substances (General) Regulation 2004, section 341 as a required document. The asbestos contamination identification report is the first stage requirement for the inspection of living areas for loose-fill asbestos contamination. The effect of prescribing an asbestos contamination identification report is that this document—if it is required in relation to the premises under the Dangerous substances (General) Regulation 2004—must be included in a proposed contract for the sale of property. The requirement for this report is inserted in the Dangerous Substances (General) Regulation 2004 by the Dangerous Substances (General) Amendment Regulation 2015 (No 1). This clause is intended to ensure that an asbestos contamination identification report is taken into account in the sale process in the same way as an asbestos assessment report.

Clause 5—Section 10A

This clause substitutes a new section 10A as a consequence of the commencement of the second stage of the new requirements for inspection and management of asbestos contamination under the Dangerous Substances (General) Amendment Regulation 2004. Similar to the above clause 4, this clause is intended to ensure that an asbestos contamination report under the Dangerous Substances (General) Regulation 2004, section 342 is taken into account in the sale process in the same way as an asbestos assessment report.