Victorian Numbered Acts Victorian Numbered ActsAfter section 192A of the Principal Act insert —
(1) The Minister may, by notice published in the Government Gazette, declare that an external wall cladding product is prohibited from being used by any person in the course of carrying out any building work in connection with the construction of a building.
(2) A declaration under subsection (1) does not apply in relation to the use of an external wall cladding product under a permit in respect of which the application for the permit was made to the relevant building surveyor before the declaration took effect.
(3) The Minister may make a declaration under subsection (1) if the Minister is satisfied that use of the external wall cladding product is or will likely cause—
(a) occupants of the building to be at risk of death or serious injury; or
(b) occupants of neighbouring buildings to be at risk of death or serious injury; or
(c) members of the public to be at risk of death or serious injury; or
(d) property to be at risk of severe damage.
(4) A risk referred to in subsection (3) may arise from the use of the external wall cladding product in particular circumstances or because of a certain event including a fire.
(5) A declaration under this section may apply in relation to—
(a) a specified use, a class of use or all uses of the external wall cladding product; or
(b) a specified building or a specified class of building; or
(c) specified persons or a specified class of persons.
(6) A declaration under this section may be subject to conditions.
(7) A declaration under this section must include the Minister's reasons for making the declaration.
(8) At least 48 hours before publishing a declaration under this section in the Government Gazette, the Minister must publish a notice on the Internet that—
(a) includes a draft of the proposed declaration; and
(b) a statement that the Minister intends to make the declaration in no less than 48 hours after the publication of the notice—
unless the Minister believes that the risk of using the external wall cladding product is so serious that in the interests of public safety the declaration must be made immediately.
(9) A declaration under this section takes effect on the later of the following—
(a) the date the declaration is published in the Government Gazette;
(b) any later date specified in the declaration.
(10) Before a declaration is made under this section, the Minister may publish a draft of the proposed declaration on the Internet that includes—
(a) the Minister's reasons for deciding to make the declaration; and
(b) a statement that submissions may be made by any person within 28 days after the publication of the draft.
(11) A person may make a submission to the Minister on the proposed declaration within 28 days after the publication of the draft of the proposed declaration.
(12) The Minister must consider any submission on the proposed declaration received within 28 days after the draft of the proposed declaration is published.
(13) The Minister may amend a declaration and in that case the procedures in this section apply as if the amendment were a declaration made under subsection (1).
(14) The Minister must ensure that a current version of any amended declaration is published on the Internet for as long as the declaration is in force.
(15) The Minister may, by a notice published in the Government Gazette, revoke a declaration under this section.
(16) A revocation under subsection (15) takes effect on the day that the notice under subsection (15) is published in the Government Gazette.".