New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 159

159 Supply of carcinogenic substances

(1AA) In this clause, a reference to a prohibited carcinogenic substance includes a reference to an item that contains any form of asbestos that is a prohibited carcinogenic substance.

(1) A person must not supply a prohibited carcinogenic substance unless:

(a) the substance is to be used for the purpose of research or analysis, and

(b) the person to whom the substance is to be supplied provides evidence that WorkCover or the Department Head (Mining), as the case requires, has been notified, in accordance with Part 12.3, of the intention of that person to use the same type of carcinogenic substance.

(1A) In addition, supplying chrysotile (white asbestos) does not contravene subclause (1) if the only purpose of the supply is:

(a) so that it may be removed or disposed of, or

(b) so that it may be stored awaiting disposal, or

(c) so that it may be used for the purpose of a historical or educational display.

(1B) Subclause (1) does not apply to a supply of chrysotile (white asbestos) encountered during non-asbestos mining.

(2) A person must not supply a notifiable carcinogenic substance unless the person to whom the substance is to be supplied provides evidence that WorkCover or the Department Head (Mining), as the case requires, has been notified, in accordance with Part 12.3, of the intention of that person to use the same type of carcinogenic substance.

Maximum penalty: Level 4.