BUILDING PRODUCTS (SAFETY) ACT 2017 - As at 11 December 2023 - Act 69 of 2017

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions

PART 2 - KEY CONCEPTS

• 4 Safety risks and unsafe use of building products
• 5 Building product
• 6 Building
• 7 Use of building product
• 8 Building work

PART 3 - BUILDING PRODUCT USE BANS

• 9 Secretary may prohibit use of building products
• 10 Reasons to be given
• 11 Duration of ban
• 12 Amendment or revocation of ban
• 13 Secretary may call for public submissions
• 14 Notice of imposition of building product use ban
• 15 Offence to contravene building product use ban

PART 4 - IDENTIFICATION AND RECTIFICATION OF AFFECTED BUILDINGS

• 16 Definitions
• 17 Affected building
• 18 Identification and notification of particular affected buildings
• 19 General warning about class of buildings that may be affected buildings
• 20 Power of relevant enforcement authority to order rectification
• 21 Statutory provisions applicable to building product rectification order
• 22 Appeals concerning orders
• 23 Council to report to Secretary on response
• 24 Amendment or revocation of notices
• 25 Revocation of affected building notice
• 26 When a building is "made safe"

PART 5 - BUILDING PRODUCT UNDERTAKINGS

• 27 Secretary may accept undertakings
• 28 When building product undertaking takes effect
• 29 Contravention of building product undertaking
• 30 Order requiring compliance with building product undertaking
• 31 Withdrawal or variation of building product undertaking
• 32 Proceedings for alleged contravention
• 33 Register of undertakings

PART 6 - INVESTIGATION AND ASSESSMENT POWERS OF SECRETARY

Division 1 - Building product investigations

• 34 Building product investigations
• 35 Consultation
• 36 Publication and use of results of building product investigation
• 37 Other powers of investigation not limited

Division 2 - Product assessments

• 38 Definitions
• 39 Secretary may require product assessment
• 40 Taking of required actions and recovery of costs
• 41 Publication and use of product assessment report

PART 7 - INVESTIGATION POWERS OF AUTHORISED OFFICERS

Division 1 - Preliminary

• 42 Purposes for which functions under Part may be exercised

Division 2 - Information gathering powers

• 43 Exercise in conjunction with other powers
• 44 Powers of authorised officers to require information and documents
• 45 Power of authorised officers to require answers
• 46 Recording of evidence

Division 3 - Power to enter premises

• 47 Powers of authorised officers to enter premises
• 48 Power to require occupier to provide assistance

Division 4 - Functions that can be exercised on premises

• 49 Powers that can be exercised on premises
• 50 Search warrants
• 51 Requiring assistance
• 52 Care to be taken
• 53 Compensation

Division 5 - General

• 54 Offence of failing to comply with requirement made by authorised officer
• 55 Offence of furnishing false or misleading information
• 56 Defence to contravention
• 57 Warning to be given
• 58 Revocation or variation of notices

PART 8 - OFFENCES AND OTHER PROCEEDINGS

Division 1 - Liability for offences

• 59 Liability of directors etc for corporate offences--executive liability
• 60 Liability of directors etc for offences by corporation as an accessory
• 61 Offence by corporation--general liability of directors
• 62 Continuing offences
• 63 Continuing effect of requirements
• 64 Proof of reasonable excuse
• 65 Penalty notices

Division 2 - Proceedings for offences

• 66 Proceedings for offences
• 67 Time within which offence proceedings may be commenced
• 68 Enforcement provisions of ACL that extend to building product offences

Division 3 - Other court orders

• 69 Compensation orders by court on conviction of person
• 70 Supreme Court injunctions

Division 4 - Evidence

• 71 Evidence
• 72 Evidentiary certificates
• 73 Opinion of Secretary

PART 9 - AUTHORISED OFFICERS

• 74 Appointment of authorised officers
• 75 Persons eligible for appointment as authorised officers
• 76 Powers subject to instrument of appointment
• 77 Issue of identification
• 78 Identification to be produced
• 79 Use of assistants
• 80 Offences

PART 10 - MISCELLANEOUS

• 81 Administrative review of decisions
• 82 Modification of requirement to give reasons
• 83 Enforcement of Act by council officers
• 84 Fraudulent allegations
• 85 Act prevails over National Construction Code
• 86 Exchange of information
• 87 Permits
• 88 Exemptions
• 89 Delegation by Secretary
• 90 Service of notices etc
• 91 Publication on internet
• 92 Description of building products
• 93 Protection from liability
• 94 Act to bind Crown
• 95 Application of ACL
• 96 Regulations
• SCHEDULE 1
Schedule 2 (Repealed)