sec.106OPower to have building products or samples examined

### sec.106O Power to have building products or samples examined This section applies if an investigator takes for examination a building product, or a sample of or from a building product, under section 105L (1) (b) . The commission may have the building product or sample examined. A person must not, with intent to adversely affect the examination of a building product or a sample of or from a building product— tamper with a building product before an investigator takes it, or a sample of or from it, for examination; or tamper with a building product or a sample of or from a building product after it is taken by an investigator for examination. Maximum penalty—100 penalty units. An examination under this section must be conducted by a person of a class, and in the way, prescribed by regulation. The commission must obtain a certificate or report stating the outcome of an examination under this section from the person conducting the examination. The commission may recover, as a debt, the reasonable costs of conducting an examination of a building product, or a sample of or from a building product, under this section from a person in the chain of responsibility for the product who has failed to comply with a duty under part 6AA , division 2 in relation to the product. s 106O ins 2017 No. 29 s 22 amd 2017 No. 43 s 294 (1) (sec.106O-ssec.1) This section applies if an investigator takes for examination a building product, or a sample of or from a building product, under section 105L (1) (b) . (sec.106O-ssec.2) The commission may have the building product or sample examined. (sec.106O-ssec.3) A person must not, with intent to adversely affect the examination of a building product or a sample of or from a building product— tamper with a building product before an investigator takes it, or a sample of or from it, for examination; or tamper with a building product or a sample of or from a building product after it is taken by an investigator for examination. Maximum penalty—100 penalty units. (sec.106O-ssec.4) An examination under this section must be conducted by a person of a class, and in the way, prescribed by regulation. (sec.106O-ssec.5) The commission must obtain a certificate or report stating the outcome of an examination under this section from the person conducting the examination. (sec.106O-ssec.6) The commission may recover, as a debt, the reasonable costs of conducting an examination of a building product, or a sample of or from a building product, under this section from a person in the chain of responsibility for the product who has failed to comply with a duty under part 6AA , division 2 in relation to the product. - (a) tamper with a building product before an investigator takes it, or a sample of or from it, for examination; or - (b) tamper with a building product or a sample of or from a building product after it is taken by an investigator for examination.