Tough penalties for non-conforming products in new QLD act

Posted on : Monday, 28 August 2017

The Queensland Government has announced new legislation to increase accountability and disciplinary action for the supply and use of non-conforming building products.


A response to the concern about combustible cladding, the Queensland Government passed the Building and Construction Legislation (Non-Conforming Building Products ‒ Chain of Responsibility and Other Matters) Amendment Act 2017 on 24 August.


The new act will apply to individuals or corporations who are "persons in the chain of responsibility" for building products, including installers, designers, manufacturers, importers or suppliers. It has an important emphasis on senior executives deemed to be 'controlling minds' in the chain of responsibility.


It puts a duty on each stage of the building product supply chain to ensure that non-conforming building products are not used. Companies in the supply chain will be required to pass information about the suitability and use of a building product on to the next stage of the chain, and notify the Queensland Building and Construction Commission (QBCC) of suspected non-conforming building products.


This duty will be policed by the QBCC, which the act has given powers to enter, inspect, examine and test building products. It will be able to impose significant fines and other consequences for breaches, such as cancellation of building licences and stop-work or recall orders.


The Queensland Government aims to have the legislation in effect by the end of the year.


The new act is available here.

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