Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74AX

74AX Notice required before making recall order

(1) Before making the recall order, the Minister must—

(a) give each responsible person to whom the order is to apply written notice of the Minister’s intention to make the order and the reasons for making the order; and

(b) give the responsible person a copy of the proposed order; and

(c) ask the responsible person to show cause why the Minister should not make the proposed order.

(2) If a responsible person wishes to show cause why the recall order should not be made, the person may make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed order.

(3) The Minister must consider any written submissions made by a responsible person within the period mentioned in subsection (2) before making the recall order.

(4) This section does not apply to a responsible person in relation to a building product if an order, however called, directing the person to recall the building product from use is in force under the law of another State.