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Legislative Assembly for the ACT: 2014 Week 1 Hansard (25 February) . . Page.. 47..


This amendment will maximise the appropriate issue of cause of death certificates to avoid the need for pointless, unnecessary and often traumatic coronial investigations. As a package, these changes make an important contribution to the valuable work already being done at all levels of the court system to improve processes, streamline operations and improve outcomes for the community. I thank members for their support of the bill and I commend it to the Assembly.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

Construction and Energy Efficiency Legislation Amendment Bill 2013 (No 2)

Debate resumed from 28 November 2013, on motion by Mr Corbell:

That this bill be agreed to in principle.

MR COE (Ginninderra) (12.20): The opposition will be supporting the Construction and Energy Efficiency Legislation Amendment Bill 2013 (No 2). This is the second omnibus bill to revise the Building Act and other pieces of legislation that apply to the construction industry. The bill before us today contains amendments to the Building Act 2004, the Construction Occupations (Licensing) Act 2004, the Construction Occupations (Licensing) Regulation 2004, the Electricity Safety Act 1971, the Electricity Safety Regulation 2004 and the Energy Efficiency (Cost of Living) Improvement Act 2012.

Regarding the Building Act 2004, the builder advises the events relating to building work that involve handling asbestos or disturbing friable asbestos. The new offence in sections 42A(2) and (3) applies to builders, asbestos assessors and asbestos removalists who carry out building work which fails to comply with the requirement contained in section 42. The existing strict liability offence with its accompanying defence is removed from this bill and replaced with a knowledge or recklessness requirement. The relevant maximum penalty is significantly increased to 500 penalty units or five years imprisonment or both. This penalty is justified by the seriousness of the offence and the potential impact of exposure to asbestos.

The new offence contained in section 42A(5) applies to any person carrying out building work and imposes a maximum penalty of 300 penalty units or three years imprisonment or both in cases where an intention to contravene section 42 can be proven.

The new offence contained in section 42A(6) imposes the same maximum penalty to the owner of the land in cases where intention to have the work carried out in


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