QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.74AADefinitions for part
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### sec.74AA Definitions for part
In this part—
associated with , in relation to a building, means incorporated into, or connected to, a building by the carrying out of relevant work.
building means a building or other structure within the meaning of the Building Act 1975 .
building product see section 74AB (1) .
building product undertaking see section 74AO (1) .
code of practice means a code of practice in force under section 74ADA .
install and installer —
A person installs a building product in a building, and is an installer of the building product, if the person—
personally installs the product in the building; or
supervises the installation of the product in the building; or
carries out the relevant work in relation to which the product is installed in the building; or
engages a person to do an activity mentioned in paragraph (a) , (b) or (c) .
s 74AA def install and installer ins 2018 No. 17 s 192B
intended use , for a building product, means a use for which the building product is intended to be, or is reasonably likely to be, associated with a building.
non-compliance risk means a risk that the association of a building product with a building for an intended use does not, or will not, comply with the relevant regulatory provisions.
non-conforming building product see section 74AB (2) .
person in the chain of responsibility , for a building product, see section 74AE .
reasonably practicable , in relation to a duty under division 2 , means that which is, or was at a particular time, reasonably able to be done in relation to the duty, taking into account and weighing up all relevant matters including—
the likelihood of a safety risk or non-compliance risk happening; and
the harm that could result from the safety risk or non-compliance risk; and
what the person concerned knows, or ought reasonably to know, about—
the safety risk or non-compliance risk; and
ways of removing or minimising the risk; and
the availability and suitability of ways to remove or minimise the safety risk or non-compliance risk; and
the cost associated with available ways of removing or minimising the safety risk or non-compliance risk, including whether the cost is grossly disproportionate to the risk.
recall order see section 74AW (1) .
relevant regulatory provisions means—
in relation to relevant work mentioned in the definition relevant work , paragraph (a) —the building assessment provisions under the Building Act 1975 ; or
in relation to relevant work mentioned in the definition relevant work , paragraph (b) or (c) —the Plumbing and Drainage Act 2018 .
s 74AA def relevant regulatory provisions amd 2018 No. 17 s 197 sch 2
relevant work means—
building work under the Building Act 1975 other than work mentioned in section 5 (2) of that Act; or
plumbing work under the Plumbing and Drainage Act 2018 directly connected to a building; or
drainage work under the Plumbing and Drainage Act 2018 directly connected to a building.
s 74AA def relevant work amd 2018 No. 17 s 197 sch 2
representation means a claim, promise, publication, statement or other representation made in any way, including, for example, in advertising material or packaging.
responsible person , for a building product, means—
a person who designed, manufactured, imported or supplied the product; or
if the product has been associated with a building—a person who installed the product in the building; or
an architect or engineer who, in designing a building, specified that the product be associated with the building.
s 74AA def responsible person ins 2018 No. 17 s 192B
safe means—
all risks of injury or illness to a person have been removed, so far as reasonably practicable; or
if it is not reasonably practicable to remove a risk of injury or illness to a person, the risk has been minimised so far as reasonably practicable.
safety risk means a risk that the association of a building product with a building for an intended use is not, or will not be, safe.
warning statement see section 74AZC (1) .
s 74AA ins 2017 No. 29 s 11
- (a) personally installs the product in the building; or
- (b) supervises the installation of the product in the building; or
- (c) carries out the relevant work in relation to which the product is installed in the building; or
- (d) engages a person to do an activity mentioned in paragraph (a) , (b) or (c) .
- (a) the likelihood of a safety risk or non-compliance risk happening; and
- (b) the harm that could result from the safety risk or non-compliance risk; and
- (c) what the person concerned knows, or ought reasonably to know, about— (i) the safety risk or non-compliance risk; and (ii) ways of removing or minimising the risk; and
- (i) the safety risk or non-compliance risk; and
- (ii) ways of removing or minimising the risk; and
- (d) the availability and suitability of ways to remove or minimise the safety risk or non-compliance risk; and
- (e) the cost associated with available ways of removing or minimising the safety risk or non-compliance risk, including whether the cost is grossly disproportionate to the risk.
- (i) the safety risk or non-compliance risk; and
- (ii) ways of removing or minimising the risk; and
- (a) in relation to relevant work mentioned in the definition relevant work , paragraph (a) —the building assessment provisions under the Building Act 1975 ; or
- (b) in relation to relevant work mentioned in the definition relevant work , paragraph (b) or (c) —the Plumbing and Drainage Act 2018 .
- (a) building work under the Building Act 1975 other than work mentioned in section 5 (2) of that Act; or
- (b) plumbing work under the Plumbing and Drainage Act 2018 directly connected to a building; or
- (c) drainage work under the Plumbing and Drainage Act 2018 directly connected to a building.
- (a) a person who designed, manufactured, imported or supplied the product; or
- (b) if the product has been associated with a building—a person who installed the product in the building; or
- (c) an architect or engineer who, in designing a building, specified that the product be associated with the building.
- (a) all risks of injury or illness to a person have been removed, so far as reasonably practicable; or
- (b) if it is not reasonably practicable to remove a risk of injury or illness to a person, the risk has been minimised so far as reasonably practicable.