Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

For the purposes of this Division – asbestos product means a product containing asbestos fibre and includes, but is not limited to including, cement, paper, millboard and paint, but does not include a secondary asbestos product; secondary asbestos product means a product, manufactured by a person, that consists in whole or in part of an asbestos product and includes, but is not limited to including – building materials, pressure or sewerage pipes; and roofing felts, clutch facings, brakes or gaskets – but does not include a building or other structure.

For the purposes of this Division, the relevant asbestos product in respect of a person who has a compensable disease is the particular asbestos product to which the person was exposed in the course of the person's employment as a worker during a period in which the person's employment is connected with this State.

For the purposes of this Division, a person is a culpable manufacturer in respect of a person who has a compensable disease if the first-mentioned person – manufactured the relevant asbestos product in respect of the person who has a compensable disease; and knew, at the time of manufacturing the relevant asbestos product, that asbestos was dangerous to human health or ought reasonably be expected to have known, at the time of manufacturing the relevant asbestos product, that asbestos was dangerous to human health.

For the purposes of this Division, a person is a culpable manufacturer in respect of a person who has a compensable disease if the first-mentioned person – manufactured a secondary asbestos product that contained the relevant asbestos product in respect of the person who has a compensable disease; and knew, at the time of manufacturing the secondary asbestos product, that the product contained asbestos or ought reasonably be expected to have known, at the time of manufacturing the secondary asbestos product, that the product contained asbestos; and knew, at the time of manufacturing the secondary asbestos product, that asbestos was dangerous to human health or ought reasonably be expected to have known, at the time of manufacturing the secondary asbestos product, that asbestos was dangerous to human health.

For the purposes of this Division, a culpable supplier in respect of a person who has a compensable disease is a person – who supplied an asbestos product that is the relevant asbestos product, or a secondary asbestos product containing the relevant asbestos product, to another person; and who – knew, at the time of supplying that product to the other person referred to in paragraph (a), that the product contained asbestos; or ought reasonably be expected to have known, at the time of supplying that product to the other person referred to in paragraph (a), that the product contained asbestos; and who knew at the time of the supply referred to in paragraph (b), or ought reasonably be expected to have known at the time of the supply referred to in paragraph (b), that asbestos was dangerous to human health.

For the purposes of this Division, the relevant amounts in relation to a person who has a compensable disease are – an amount, or amounts, paid under this Act by the Commissioner as compensation to the person or a member of the family of the person; and an amount, or amounts, paid as expenses under Part 11 in relation to the person who has a compensable disease; and any legal or administrative costs incurred by the Commissioner in determining an application under this Act that relates to the person who has a compensable disease.