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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74AA

Definitions for part

74AA Definitions for part

In this part—

"associated with" , in relation to a building, means incorporated into, or connected to, a building by the carrying out of relevant work.

"building" means a building or other structure within the meaning of the Building Act 1975 .

"building product" see section 74AB (1) .

"building product undertaking" see section 74AO (1) .

"code of practice" means a code of practice in force under section 74ADA .

"install" and
"installer"
A person
"installs" a building product in a building, and is an
"installer" of the building product, if the person—

(a) personally installs the product in the building; or
(b) supervises the installation of the product in the building; or
(c) carries out the relevant work in relation to which the product is installed in the building; or
(d) engages a person to do an activity mentioned in paragraph (a) , (b) or (c) .

"intended use" , for a building product, means a use for which the building product is intended to be, or is reasonably likely to be, associated with a building.

"non-compliance risk" means a risk that the association of a building product with a building for an intended use does not, or will not, comply with the relevant regulatory provisions.

"non-conforming building product" see section 74AB (2) .

"person in the chain of responsibility" , for a building product, see section 74AE .

"reasonably practicable" , in relation to a duty under division 2 , means that which is, or was at a particular time, reasonably able to be done in relation to the duty, taking into account and weighing up all relevant matters including—
(a) the likelihood of a safety risk or non-compliance risk happening; and
(b) the harm that could result from the safety risk or non-compliance risk; and
(c) what the person concerned knows, or ought reasonably to know, about—
(i) the safety risk or non-compliance risk; and
(ii) ways of removing or minimising the risk; and
(d) the availability and suitability of ways to remove or minimise the safety risk or non-compliance risk; and
(e) the cost associated with available ways of removing or minimising the safety risk or non-compliance risk, including whether the cost is grossly disproportionate to the risk.

"recall order" see section 74AW (1) .

"relevant regulatory provisions" means—
(a) in relation to relevant work mentioned in the definition relevant work, paragraph (a) —the building assessment provisions under the Building Act 1975 ; or
(b) in relation to relevant work mentioned in the definition relevant work, paragraph (b) or (c) —the Plumbing and Drainage Act 2018 .

"relevant work" means—
(a) building work under the Building Act 1975 other than work mentioned in section 5 (2) of that Act; or
(b) plumbing work under the Plumbing and Drainage Act 2018 directly connected to a building; or
(c) drainage work under the Plumbing and Drainage Act 2018 directly connected to a building.

"representation" means a claim, promise, publication, statement or other representation made in any way, including, for example, in advertising material or packaging.

"responsible person" , for a building product, means—
(a) a person who designed, manufactured, imported or supplied the product; or
(b) if the product has been associated with a building—a person who installed the product in the building; or
(c) an architect or engineer who, in designing a building, specified that the product be associated with the building.

"safe" means—
(a) all risks of injury or illness to a person have been removed, so far as reasonably practicable; or
(b) if it is not reasonably practicable to remove a risk of injury or illness to a person, the risk has been minimised so far as reasonably practicable.

"safety risk" means a risk that the association of a building product with a building for an intended use is not, or will not be, safe.

"warning statement" see section 74AZC (1) .



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