sec.74AVApplication of division

### sec.74AV Application of division This division applies to a building product if— the Minister is satisfied the product— is a non-conforming building product for all intended uses; and is not reasonably expected to be used for any other use; or the Minister is satisfied— the product has been, or is proposed to be, associated with a building for an intended use; and the product is a non-conforming building product for the intended use; and there are safety risks arising from the product being a non-conforming building product for the intended use. The Minister may act under this division for a particular batch or type of building product and, for that purpose, a reference in this division to a building product includes a reference to a batch or type of building product. s 74AV ins 2017 No. 29 s 11 (sec.74AV-ssec.1) This division applies to a building product if— the Minister is satisfied the product— is a non-conforming building product for all intended uses; and is not reasonably expected to be used for any other use; or the Minister is satisfied— the product has been, or is proposed to be, associated with a building for an intended use; and the product is a non-conforming building product for the intended use; and there are safety risks arising from the product being a non-conforming building product for the intended use. (sec.74AV-ssec.2) The Minister may act under this division for a particular batch or type of building product and, for that purpose, a reference in this division to a building product includes a reference to a batch or type of building product. - (a) the Minister is satisfied the product— (i) is a non-conforming building product for all intended uses; and (ii) is not reasonably expected to be used for any other use; or - (i) is a non-conforming building product for all intended uses; and - (ii) is not reasonably expected to be used for any other use; or - (b) the Minister is satisfied— (i) the product has been, or is proposed to be, associated with a building for an intended use; and (ii) the product is a non-conforming building product for the intended use; and (iii) there are safety risks arising from the product being a non-conforming building product for the intended use. - (i) the product has been, or is proposed to be, associated with a building for an intended use; and - (ii) the product is a non-conforming building product for the intended use; and - (iii) there are safety risks arising from the product being a non-conforming building product for the intended use. - (i) is a non-conforming building product for all intended uses; and - (ii) is not reasonably expected to be used for any other use; or - (i) the product has been, or is proposed to be, associated with a building for an intended use; and - (ii) the product is a non-conforming building product for the intended use; and - (iii) there are safety risks arising from the product being a non-conforming building product for the intended use.