sec.106PDirection about use of non-conforming building product associated with a building or other structure

### sec.106P Direction about use of non-conforming building product associated with a building or other structure This section applies if an investigator reasonably believes— a building product associated with a building or other structure is, or may be, a non-conforming building product; and the building product, or using the building product in a particular way or for a particular use, is hazardous to a degree likely to cause death or a serious injury or illness to a person. The investigator may, by written notice given to the person in control of the building or structure, direct the person— to not use the building product or to not use the building product in a stated way or for a stated use; or to make the building product incapable of operation. A person to whom a notice is given under subsection (2) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. s 106P ins 2017 No. 29 s 22 amd 2017 No. 43 s 294 (1) (sec.106P-ssec.1) This section applies if an investigator reasonably believes— a building product associated with a building or other structure is, or may be, a non-conforming building product; and the building product, or using the building product in a particular way or for a particular use, is hazardous to a degree likely to cause death or a serious injury or illness to a person. (sec.106P-ssec.2) The investigator may, by written notice given to the person in control of the building or structure, direct the person— to not use the building product or to not use the building product in a stated way or for a stated use; or to make the building product incapable of operation. (sec.106P-ssec.3) A person to whom a notice is given under subsection (2) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. - (a) a building product associated with a building or other structure is, or may be, a non-conforming building product; and - (b) the building product, or using the building product in a particular way or for a particular use, is hazardous to a degree likely to cause death or a serious injury or illness to a person. - (a) to not use the building product or to not use the building product in a stated way or for a stated use; or - (b) to make the building product incapable of operation.