Non Conforming Building Products – Chain of Responsibility

Building and Construction Legislation (Non-Conforming Building Products  Chain of Responsibility) Amendment Act 2017 (Qld) (the Act). The Queensland Government introduced this Bill in 2017 in the wake of London’s Grenfell fire and Melbourne’s Lacrosse fire in 2014, which were contributed to by a non-conforming cladding product. In October 2017, the Queensland Government fixed the commencement date of the Act by proclamation. The Act commenced on 1 November 2017. The new laws cover the sale and use of building products creating a chain of responsibility for building products and associated information regarding compliance and fitness for intended purpose. Information about the building product must now be provided by each person in the supply chain to the next person in the chain.
What does that mean?
The new law mean that everyone in the supply chain including manufacturers, importers, suppliers and distributors of a building product, has a responsibility to ensure the product in question is compliant and fit for its intended purpose.This information is to be passed to each successive participant in the supply chain
What products does this apply to?
As this is primarily items that affect the structural stability of a building, it does NOT apply to non structural products.
What type of information should accompany the products?
Access to information on evidence of suitability (ie quality assurance) must be on the packaging, promotional material or instructions that accompany the product. This can be a link to a website, on the packaging (eg stickers, wrap) or printed material (eg brochures) at point of sale.
Each person in the chain of responsibility must undertake their own due diligence to verify the information that they receive. The Act creates offences for the breach of duties, which carry penalties of up to 1,000 penalty units ($126,150). For further information see the Australian Building Codes Board website or view the legislation