Building and Construction Legislation (Non-conforming Building Products - Chain of Responsibility and Other Matters) Amendment Bill 2017

Overview

This bill strengthens Queensland's building safety laws after the Melbourne Lacrosse Tower cladding fire and the Infinity cables recall. It makes every link in the building product supply chain - designers, manufacturers, importers, suppliers and installers - legally responsible for making sure products are safe and fit for purpose. It also gives the Queensland Building and Construction Commission (QBCC) new powers to investigate, seize dangerous products, and share safety information with other regulators.

Who it affects

Home owners benefit from stronger safety protections and a right to recalls. Builders, tradies, product manufacturers and importers face new duties and penalties of up to 1,000 penalty units, and company directors can be held personally responsible.

Key changes

• Creates a new duty on everyone in the building product supply chain to ensure products are safe and not non-conforming, with penalties up to 1,000 penalty units
• Gives the Minister power to order recalls of dangerous building products, including requiring refunds, replacements or repairs
• QBCC licensees must notify the QBCC of any death, serious injury or work-health-and-safety breach on their sites
• The QBCC can suspend or cancel a licence if the licensee is convicted under work health and safety, electrical safety or public health laws, or if their work caused death or grievous bodily harm
• QBCC inspectors get new powers to enter premises, seize dangerous products and structures, and issue stop work notices
• Company directors and managers must exercise personal due diligence and can be prosecuted individually for company breaches