Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74AG

74AG Additional duty relating to accompanying information

(1) A person in the chain of responsibility for a building product who designs the product must ensure, so far as reasonably practicable, that, if the person gives the design to another person who is to give effect to the design, the design is accompanied by the required information for the product.

(2) A person in the chain of responsibility for a building product who manufactures, imports or supplies the product must ensure, so far as reasonably practicable, that when the person gives the product to another person the product is accompanied by the required information for the product.

(3) For subsection (2) , a person
"gives" a building product to another person if the person—

(a) sells, supplies or otherwise transfers the building product to the other person; or

(b) facilitates the sale, supply or transfer of the building product to the other person.

(4) A person who installs a building product in a building must ensure, so far as reasonably practicable, that the owner of the building is given information about the product prescribed by regulation for this subsection.

(5) An architect or engineer who, in designing a building, specifies that a building product be associated with the building must ensure, so far as reasonably practicable, that when the architect or engineer gives the design to another person the design is accompanied by the information prescribed by regulation for this subsection.

(6) A regulation, for subsection (4) or (5) or subsection (7) , definition required information , may prescribe the following requirements for information about a building product—

(a) matters that must be included or provided for in the information;

(b) matters that must not be included or provided for in the information;

(c) the form in which the information must be given.

(7) In this section—

"required information" , for a building product, means information about the product that—

(a) for each intended use of the product, states or otherwise communicates the following—

(i) the suitability of the product for the intended use and, if the product is suitable for the intended use only in particular circumstances or subject to particular conditions, the particular circumstances or conditions;

(ii) instructions about how the product must be associated with a building to ensure it is not a non-conforming building product for the intended use;

(iii) instructions about how the product must be used to ensure it is not a non-conforming building product for the intended use; and

(b) complies with the requirements for the information, if any, prescribed by regulation for this definition.