Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) The building controller may, in writing, authorise a building inspector to inspect a building to determine whether it contains loose asbestos.
(2) Subject to this section, a building inspector who is authorised to inspect a building under subsection (1) may, at any reasonable time of the day—
(a) enter on the land where the building is situated; and
(b) inspect the building;
and may, for the purpose of performing the inspection—
(c) open any cavity in the building, or any other part of the building, to determine whether it contains loose asbestos; or
(d) examine or perform tests on any substance that the building inspector finds in or about the building and that he or she suspects, on reasonable grounds, may be loose asbestos; or
(e) remove from the building, for testing, samples of any substance that the building inspector finds in or about the building and that he or she suspects, on reasonable grounds, may be loose asbestos.
(3) A building inspector shall not inspect a building to determine whether it contains loose asbestos unless—
(a) the building controller has given the occupier of the building written notice not less than 7 days before the day when the inspection is to take place that states—
(i) the purpose of the inspection; and
(ii) the period within which the inspection is to take place; and
(iii) the procedure that will be adopted for advising the occupier of the results of the inspection; and
(iv) that the building inspector who is to perform the inspection will be carrying an identity card that bears a photograph of the building inspector; and
(b) on attending at the building to make the inspection, the building inspector endeavours to ascertain whether the occupier is present at the building and, if the building inspector finds that the occupier is present, he or she endeavours to—
(i) advise the occupier that he or she proposes to inspect the building; and
(ii) advise the occupier of the purpose of the inspection; and
(iii) show the occupier his or her identity card.
(4) A building inspector shall not inspect a building under this section unless the building inspector carries an identity card that bears a photograph of the building inspector.
(5) A notice under subsection (3) (a) may be given to the occupier of a building by—
(a) leaving it at the building to be inspected; or
(b) sending it by post addressed to the occupier at the address of the building to be inspected.
(6) If a building inspector requires access to the interior of a building for the purpose of performing an inspection under this section (other than access that may be gained to a roof cavity of the building by lifting or moving roofing material), the building inspector shall make reasonable endeavours to contact the occupier of the building and make arrangements convenient to the occupier and the building inspector for the occupier to give the building inspector the access he or she requires.
(7) If a building inspector has contacted the occupier of a building under subsection (6) and made arrangements of the kind referred to in that subsection, the building inspector may enter the building in accordance with those arrangements for the purpose of performing an inspection under this section.
(8) If—
(a) a building inspector has, under subsection (6), made reasonable endeavours to contact the occupier of a building to make arrangements of the kind referred to in that subsection but has been unable to—
(i) contact the occupier; or
(ii) make arrangements of that kind; or
(b) a building inspector has, under subsection (6) made arrangements of the kind referred to in that subsection with the occupier of a building but the occupier has refused or failed to give the building inspector access to the interior of the building in accordance with those arrangements;
the building controller may, in writing, authorise the building inspector to gain the access he or she requires to the interior of the building to perform an inspection under this section.
(9) A building inspector who is authorised to enter a building under subsection (8) may enter the building at any reasonable time of the day with the assistance and with the force that is necessary and reasonable for the purpose of performing an inspection under this section.
(10) A building inspector who gains access to a roof cavity or other part of a building by lifting or moving roofing or other material shall, as soon as practicable after the completion of his or her inspection, restore the building to the condition in which it was immediately before the inspection.
(11) A building inspector who gains access to the interior of a building in accordance with arrangements made under subsection (6) shall—
(a) cause as little damage as is practicable to the building in the exercise of his or her powers under this section; and
(b) behave courteously to any person he or she encounters in the building; and
(c) respect the rights of privacy of any person using the building; and
(d) if the building inspector has, in his or her arrangements with the occupier of the building under subsection (6), undertaken to close the building at the completion of the inspection—close the building securely in accordance with those arrangements.
(12) A building inspector who enters a building by force under subsection (9) shall—
(a) cause as little damage as is practicable to the building in entering it and in exercising his or her other powers under this section; and
(b) behave courteously to any person he or she encounters in the building; and
(c) respect the rights of privacy of any person using the building; and
(d) close the building securely on leaving it at the end of the inspection.
(13) If a building inspector, in the exercise of his or her powers under this section in relation to a building, causes damage to the building, or the land where it is situated, the building inspector shall, before departing from the building at the completion of the inspection, leave at the building a report addressed to the occupier of the building giving particulars of the damage so caused.
(14) A building inspector who inspects a building under this section shall, before departing from the building at the completion of the inspection, leave at the building a report addressed to the occupier of the building that—
(a) states that the building inspector has not found any substance in or about the building that he or she believes may be loose asbestos; or
(b) states that the building inspector has found a substance in or about the building that he or she believes may be loose asbestos, that he or she has taken samples of the substance for testing and that the occupier will be promptly advised of the results of the tests when those results become available.
(15) If a building inspector removes a sample of a substance from a building for testing under subsection (2) (e)—
(a) the building inspector shall promptly arrange for the sample to be tested to determine whether it is loose asbestos; and
(b) the building controller shall arrange for a written report of the results of the tests to be promptly provided to the occupier of the building when the results become available.
(16) A report under subsection (15) (b) may be provided to the occupier of a building by—
(a) leaving it at the building to which it relates; or
(b) sending it as a letter by post addressed to the occupier at the address of the building to which it relates.
(17) A building inspector who enters premises to perform an inspection under this section is not authorised to remain on the premises if, on request by the occupier of the premises or a person apparently in charge of the premises, he or she does not show his or her identity card.
(18) A person who, without reasonable excuse, obstructs or hinders a building inspector acting under this section commits an offence.
Maximum penalty (subsection (18)): 50 penalty units, imprisonment for 6 months or both.