Queensland Building and Construction Commission and Other Legislation (Non-conforming Building Products) Amendment Regulation 2017 (Qld)

Part 1    Preliminary

1   Short title

This regulation may be cited as the Queensland Building and Construction Commission and Other Legislation (Non-conforming Building Products) Amendment Regulation 2017.

2   Commencement

This regulation commences on 1 November 2017.

Part 2    Amendment of Queensland Building and Construction Commission Regulation 2003

3   Regulation amended

This part amends the Queensland Building and Construction Commission Regulation 2003.

4   Insertion of new ss 34AA and 34AB

After section 34A—
insert—

34AA    Prescribed persons and ways to examine building products or samples—Act, s 106O

(1)For section 106O(4) of the Act, the prescribed classes of person for examining a building product or sample are—

(a)if an Australian Standard states a way to examine the building product or sample—

(i)persons accredited by NATA to examine the building product or sample; and

(ii)persons accredited by another entity to examine the building product or sample, if the accreditation is recognised by NATA under a written agreement between NATA and the entity; and

(b)if paragraph (a) does not apply—persons the commissioner is satisfied are appropriately qualified to examine the building product or sample in the way mentioned in subsection (2)(b).

(2)For section 106O(4) of the Act, the prescribed ways to examine a building product or sample are—

(a)if an Australian Standard states a way to examine the building product or sample—the stated way; and

(b)if paragraph (a) does not apply—a way the commissioner is satisfied is appropriate for examining the building product or sample for the purposes of part 6AA of the Act.

(3)In this section—

NATA means the National Association of Testing Authorities Australia ABN 59 004 379 748.

34AB    Record keeping

The commissioner must keep a record of persons mentioned in section 34AA(1)(b).

Part 3    Amendment of State Penalties Enforcement Regulation 2014

5   Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

6   Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

(1)Schedule 1, entry for Queensland Building and Construction Commission Act 1991, entries for sections 106(3), 106(4), 106B(1) and 106C(1)—
omit.

(2)Schedule 1, entry for Queensland Building and Construction Commission Act 1991—
insert—

s 105P(1)	5
s 105R(1)	20
s 105S(1)	10
s 106G(1)	10
s 106G(2)	10