Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74AZ

74AZ Nature of recall order

(1) A recall order must state—

(a) the reasons for the recall of the building product from use; and

(b) what each responsible person to whom the order applies must do to recall the building product from use including, for example, the following—

(i) the way in which, and the period for which, a responsible person must inform other persons about the reason for the recall order;

(ii) the information a responsible person must give other persons about the reason for the recall order, including the action the other persons should take to mitigate any risk of injury or illness;

(iii) the action a responsible person must take in relation to other persons to whom the building product has been sold or supplied, for example, replacing the building product or providing a refund for the building product;

(iv) for a building product associated with a building—the action a responsible person must take to remove the building product from the building;

(v) for a building product that an architect or engineer has, in designing a building, specified be associated with the building—the action the architect or engineer must take to ensure the specification is removed from the design;

Examples of action for (v)—

• amending the design to remove the specification

• giving written notice to persons to whom the design has been given specifying an alternative building product to be associated with the building

(vi) the action a responsible person must take to stop the building product from being a non-conforming building product for an intended use, for example, by repair or modification;

(vii) the action a responsible person must take to help another responsible person to whom the recall order applies to comply with the order;

(viii) the information a responsible person must give to the commission about the progress of the recall.

(2) Each responsible person to whom the recall order applies is liable for any cost incurred in relation to complying with the order, including costs incurred by an architect, engineer, installer or supplier giving reasonable help in relation to the recall order under section 74AZA .

(3) The recall order remains in force until the end of 2 years after the order is made unless sooner revoked by the Minister.

(4) Subsection (3) does not prevent a further recall order being made for the same building product to which the recall order applied while it was in force.