Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 106Q

106Q Direction about action at place where non-conforming building product is present

(1) This section applies if an investigator reasonably believes—

(a) circumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at a place; and

(b) the circumstances are, or involve, the presence of a building product at the place, whether or not the building product has been associated with a building or other structure.

(2) The investigator may direct the person in control of the place, or another person at the place, to take action the investigator considers necessary to remove or minimise the risk.

Example of direction—

An investigator reasonably believes the association of a particular building product with a medium-rise building at a place may cause pieces of glass to fragment and fall, creating a risk of injury to persons walking near the building. The investigator may direct the person in control of the place to install temporary overhead protection for persons walking near the building.

(3) The direction under subsection (2) may be given orally, but must be confirmed by written notice given to the person as soon as practicable.

(4) The person must comply with—

(a) the direction under subsection (2) ; and

(b) the notice under subsection (3) .

Penalty—

Maximum penalty—100 penalty units.

(5) The notice must state—

(a) the investigator believes that—

(i) circumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at the place; and

(ii) the circumstances are, or involve, the presence of a building product at the place; and

(b) briefly, the circumstances that have caused or are likely to cause the risk; and

(c) if the investigator believes the circumstances involve a contravention, or likely contravention, of a provision of an Act—the provision contravened or likely to be contravened; and

(d) the action the person must take to remove or minimise the risk.