NSWIn ForceAct
Building Products (Safety) Act 2017
20Power of relevant enforcement authority to order rectification
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#### 20 Power of relevant enforcement authority to order rectification
20 Power of relevant enforcement authority to order rectification
> > (1) A relevant enforcement authority may make an order under this section (a building product rectification order) in respect of a building.
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> > (2) A building product rectification order is an order that requires the owner of a building to do such things as are necessary for either or both of the following purposes—
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> > > (a) to eliminate or minimise a safety risk posed by the use in the building of a building product to which a building product use ban applies,
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> > > (b) to remediate or restore the building following the elimination or minimisation of the safety risk.
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> > (3) A building product rectification order may be made only if the relevant enforcement authority is satisfied, on reasonable grounds, that the building is an affected building.
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> > (4) For the purposes of any proceedings relating to a building product rectification order or proposed building product rectification order, an affected building notice or a general building safety notice is evidence that the use in a building of the building product specified in the notice poses a safety risk of a kind specified by the Secretary in that notice.
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> > (5) However, a relevant enforcement authority may make a building product rectification order in respect of a building whether or not the relevant enforcement authority has received an affected building notice or general building safety notice in respect of the building.
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> > Note.
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> > For example, a council may make a building product rectification order if, as a result of its own investigations, it identifies an affected building.