1 .

In case a commercial building was built up before 1980 then an Asbestos Surv ey and Asbestos Registerneed to have been completed by the property owner by Ist Jan 2008 . It should be securely held and provided asessential under the rules and regulation , as well as with respect to any proposed sale or lease . If the building comes available for sale , or might be leased , dismantled or de molished then the rule requires the Asbestos Survey and Registerneeds to be prov ided . The rules will never apply to a residential residence , common property linked t o residential property or to that part of an office used for domestic residentia l purposes . What to do if an Asbestos Survey and Asbestos Register has never been acquired o r is not produced to a buyer on the deal of the real estate ? In a fairly recent Supreme Court case* V sold a commercial property to P . At se ttlement Pproclaimed V was in contravene simply because it didn'tprovide any Asb estos Survey and Asbestos Register as required by the WH&SLegislation . V refuse d the contravene . P refused to settle . V terminated thecontract and put on to the court for a judgment to be certain that V could validly forfeit the deposit and sue P for damages . 2 . The laws administering Asbestos Management in Australia have changedconsider ably tending to now effecthouse owners of all different kinds of commercial prop erty . The Game has Changed The new Work Health & Safety Regulations which commenced in January this year sa w theintro of the latest Asbestos Management code of practice for the management and control of asbestosat work . Under the new model , the Work Health and Safety Regulation 2011 which arrived i nto force from IstJan 2012 , whenever a building was built under ansanction by l ocal government before 31 December 2003 which is applied as a workplace then the commercial building possessor have to comply with the new Asbestos Management c ode of practice . The New Rules The Asbestos Management code of practice needs a commercial building holder to d o a fewkey things : Identify almost all asbestos including material on the residence byobtaining an Inspection Report ; Acquire an Asbestos Register of asbestos made up of material ( despite that none is observed ) ; Arrange an Asbestos Management Schedule . What are the Implications ? In case you are the holder of a commercial shop madeunder a local government aut horization before 31 December 2003 you have a responsibility to meet the Asbesto s Management code of practice . Failure to achieve this may result in you being penalized up to $60 ,000 or faci ng imprisonment around five-and-a-half years , together with threats of liabilit y for damages .