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BUILDING (COOLING TOWERS AND PLUMBING) (AMENDMENT) ACT 2004 (NO 96 OF 2004) - SECT 11

Additional reviews of risk management plans to be conducted

    (1)     In section 75EB(1) of the Building Act 1993 , for "every registration period" substitute "any 12 month period".

    (2)     For section 75EB(2) of the Building Act 1993 substitute

    "(2)     The owner must also take all reasonable steps to ensure that the risk management plan is reviewed if—

        (a)     legionella is detected in the system on 2 or more occasions in any period of 12 months; or

        (b)     the owner is given written advice by the Secretary to the Department of Human Services that a case of legionnaires' disease is associated with the system; or

        (c)     the owner receives a report from the Secretary to the Department of Human Services, or from any person engaged by the owner or the owner of the system, that control measures used in respect of the system are inadequate or require improvement; or

        (d)     there is a significant change in any of the environmental conditions under which the system operates or in the operation of the system; or

        (e)     the owner receives an audit certificate that states that the plan does not address the risks specified in the regulations.

    (3)     The owner must comply with sub-section (2) as soon as is practicable after the occurrence of the relevant triggering event.

Penalty:     60 penalty units.".



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