Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person who does
not comply with these regulations commits an offence.
(1a) The owner of
material containing asbestos who permits another person to commit an offence
under these regulations commits an offence.
(1b) Where an offence
against this Act is committed by an agent, an employee, or a subcontractor,
the principal, employer, or contractor is also guilty of an offence and liable
to the same penalty as is prescribed for the first‑mentioned offence
unless it is proved that the principal, the employer, or contractor could not
by the exercise of reasonable diligence have prevented the commission of the
offence by the agent, the employee, or the subcontractor.
(2) A person who
commits an offence under these regulations is liable on conviction
to —
(a) a
penalty of not more than $1 000 and not less than —
(i)
in the case of a first offence, $100;
(ii)
in the case of a second offence, $200; and
(iii)
in the case of a third or subsequent offence, $500;
and
(b) if
that offence is a continuing offence, a daily penalty of not more than $100
and not less than $50.
(3) The court
convicting a person of an offence arising from a breach of any of the
provisions of these regulations may order that person to pay, in addition to a
penalty, any expense incurred by the CEO, the Executive Director, Public
Health, or the local government in consequence of the breach or
non‑observance of the regulation to the CEO, the Executive Director,
Public Health, or the local government, as the case requires.
[Regulation 15 amended in Gazette
29 Dec 2000 p. 7910‑11; 15 Dec 2006
p. 5622.]