39Secretary may require product assessment

#### 39 Secretary may require product assessment 39 Secretary may require product assessment > > (1) The Secretary may, by order in writing served on a person, require the person— > > > > > (a) to conduct a product assessment in relation to a building product, and > > > > > (b) to provide to the Secretary a product assessment report about that product assessment. > > > (2) The Secretary may require a person to conduct a product assessment in relation to a building product only if— > > > > > (a) the Secretary has reasonable grounds to suspect that a foreseeable use of the building product is unsafe, and > > > > > (b) the person required to conduct the product assessment is the manufacturer or a supplier of the building product, and > > > > > (c) the Secretary is satisfied that it is reasonable in the circumstances to require the manufacturer or supplier concerned to conduct the product assessment. > > > (3) The order is to specify the requirements of the product assessment and product assessment report, including the time frame in which the product assessment is to be conducted and the product assessment report provided. > > > (4) The time frame must be reasonable having regard to the requirements of the product assessment. > > > (5) Without limiting subsection (3), the requirements of the product assessment may specify the following— > > > > > (a) the tests or inspections that must be conducted for the purposes of the product assessment, > > > > > (b) the qualifications or experience required in relation to the persons who conduct those tests or inspections. > > > (6) A product assessment may be required whether or not a building product investigation into the building product is being conducted. > > > (7) A person who, without reasonable excuse, fails to comply with a requirement made of the person under this section is guilty of an offence. > > > > Maximum penalty—100 penalty units. > > > (8) A person who includes in any product assessment report provided to the Secretary any information that the person knows is false or misleading in a material particular is guilty of an offence. > > > > Maximum penalty—100 penalty units.