Building Products (Safety) Act 2017 (NSW)

Building Products (Safety) Act 2017 No 69

An Act to prevent the unsafe use of building products in buildings and to provide for the rectification of affected buildings; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act is the Building Products (Safety) Act 2017.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsections (2)–(5). (2) Schedule 2.1 commences on the commencement of Schedule 9.1 [2] to the Environmental Planning and Assessment Amendment Act 2017, or the date of assent to this Act, whichever occurs later. (3) Schedule 2.4 [3] commences on the commencement of section 6.25 of the Environmental Planning and Assessment Act 1979 (as inserted by the Environmental Planning and Assessment Amendment Act 2017), or the date of assent to this Act, whichever occurs later. (4) Schedule 2.4 [4] commences on the commencement of section 9.34 of the Environmental Planning and Assessment Act 1979 (as inserted by the Environmental Planning and Assessment Amendment Act 2017), or the date of assent to this Act, whichever occurs later. (5) Schedule 2.5 commences on the commencement of Schedule 9.1 [2] to the Environmental Planning and Assessment Amendment Act 2017, or the commencement of section 18 of this Act, whichever occurs later.

3 Definitions (1) In this Act— authorised officer means an authorised officer appointed under section 74. building—see section 6. building product—see section 5. building product investigation—see section 34. building product rectification order means an order under section 20. building product use ban means a building product use ban under section 9 that is in force. building work—see section 8. council has the same meaning as in the Local Government Act 1993. Department means the department in which this Act is administered. director has the same meaning as in the Corporations Act 2001 of the Commonwealth. executive liability offence—see section 59. foreign building product means a building product that is manufactured wholly or partly outside Australia. function includes a power, authority or duty, and exercise a function includes perform a duty. injury includes illness. land has the same meaning as in the Environmental Planning and Assessment Act 1979. manufacturer has the same meaning in relation to building products as it has in the ACL in relation to goods. owner has the same meaning as in the Local Government Act 1993 and includes, in relation to a building, the owner of the building and the owner of the land on which the building is erected. premises includes any land, building, structure, vessel, aircraft or vehicle and any place, whether built on or not. published has the same meaning as it has in the Fair Trading Act 1987. representation means a claim, promise, publication, statement or other representation made in any way, including, for example, in advertising material or packaging or on a point-of-sale display. safety risk—see section 4. Secretary means the Secretary of the Department. statement has the same meaning as in the Fair Trading Act 1987. strata scheme means a freehold strata scheme or a leasehold strata scheme under the Strata Schemes Development Act 2015. supplier of a thing includes a person who supplies or re-supplies the thing by way of sale, exchange, lease, hire or hire-purchase. the ACL means the Australian Consumer Law (NSW).