NSWIn ForceAct
Building Products (Safety) Act 2017
9Secretary may prohibit use of building products
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#### 9 Secretary may prohibit use of building products
9 Secretary may prohibit use of building products
> > (1) The Secretary may, by written notice published on the internet, prohibit the use of a specified building product in a building if the Secretary is satisfied on reasonable grounds that the use is unsafe.
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> > (2) A prohibition imposed under this section is a building product use ban.
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> > (3) A building product use ban may be imposed to apply in any of the following ways—
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> > > (a) it may apply to a specified use or uses or to all uses of a building product in a building,
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> > > (b) it may apply to any building or only to a specified class of buildings,
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> > > (c) it may apply to use by specified persons or classes of persons,
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> > > (d) it may apply subject to specified exceptions (for example, an exception that permits use of the building product only by a specified class of persons),
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> > > (e) it may be subject to conditions or unconditional,
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> > > (f) it may apply in any other way authorised by the regulations.
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> > (4) A building product use ban that prohibits an unsafe use of a building product is not invalid merely because it also prohibits another use of the building product that is not an unsafe use if the application of the ban to that other use could not reasonably be avoided and the ban operates reasonably and appropriately in prohibiting the unsafe use.