sec.74ALDuty to notify non-conforming building product

### sec.74AL Duty to notify non-conforming building product Subsection (2) applies if a person in the chain of responsibility for a building product becomes aware, or reasonably suspects, that the building product is a non-conforming building product for an intended use. As soon as practicable but within 2 days after becoming aware or reasonably suspecting, the person must give the commission notice of the matter in the approved form, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. If the person is aware of a notifiable incident that was or may have been caused by the use of the building product for the intended use, the notice under subsection (2) must also include notice of the notifiable incident. Subsection (5) applies if the commission is satisfied— the building product is or may be a non-conforming building product for an intended use; and there are safety risks arising from the product being a non-conforming building product for the intended use. The commission may, by written notice given to a person in the chain of responsibility for the building product, direct the person to take stated action within a stated period to remove or minimise the safety risks. A person given a direction under subsection (5) must comply with the direction. Maximum penalty for subsection (6) —50 penalty units. s 74AL ins 2017 No. 29 s 11 (sec.74AL-ssec.1) Subsection (2) applies if a person in the chain of responsibility for a building product becomes aware, or reasonably suspects, that the building product is a non-conforming building product for an intended use. (sec.74AL-ssec.2) As soon as practicable but within 2 days after becoming aware or reasonably suspecting, the person must give the commission notice of the matter in the approved form, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (sec.74AL-ssec.3) If the person is aware of a notifiable incident that was or may have been caused by the use of the building product for the intended use, the notice under subsection (2) must also include notice of the notifiable incident. (sec.74AL-ssec.4) Subsection (5) applies if the commission is satisfied— the building product is or may be a non-conforming building product for an intended use; and there are safety risks arising from the product being a non-conforming building product for the intended use. (sec.74AL-ssec.5) The commission may, by written notice given to a person in the chain of responsibility for the building product, direct the person to take stated action within a stated period to remove or minimise the safety risks. (sec.74AL-ssec.6) A person given a direction under subsection (5) must comply with the direction. Maximum penalty for subsection (6) —50 penalty units. - (a) the building product is or may be a non-conforming building product for an intended use; and - (b) there are safety risks arising from the product being a non-conforming building product for the intended use.