Recall orders for NCBP
As regulator for the building industry, the Queensland Building and Construction Commission (QBCC) is responsible for administering laws that relate to non-conforming building products (NCBP) and building products subject to recall orders or corresponding recall orders.
A building product is considered a NCBP if it is any of the following:
- the product is not, or will not be, safe
- not compliant with the relevant regulatory requirements (e.g. the National Construction Code or the Australian Standards)
- it doesn't perform to the standard it is represented to perform to.
The Minister can make a recall order in respect of NCBPs. The responsible person for the building product must comply with the order, including the requirement not to supply or install the product.
Building products may also be subject to a corresponding recall order, for example, where a product is recalled by the Australian Competition and Consumer Commission (ACCC). These are also captured by Queensland’s NCBP laws. Failure to follow the requirements stated in recall orders issued by the QBCC or a corresponding recall order, is a regulatory offence under the Queensland Building and Construction Act 1991 (QBCC Act) and may give rise to the issuing of a penalty infringement notice or prosecution.
If a person who designs, manufactures, imports, supplies, or installs a building product sees that the ACCC have recalled a building product they have a duty to report this to the QBCC.
As required, the ACCC will notify the public of recalled products including building products.
Some recent recall notices issued by the ACCC for building products include:
- LG Energy Solution Australia Pty Ltd (formerly LG Chem Australia Pty Ltd) — ESS Home Energy Storage System Batteries – issued 25 February 2021, updated March 2022 - LG Energy Solution Australia Pty Ltd (formerly LG Chem Australia Pty Ltd) — ESS Home Energy Storage System Batteries | Product Safety Australia
- Aristo Glass Products Pty Ltd — Glass Pool Fence Latch - issued 12 April 2022 - Aristo Glass Products Pty Ltd — Glass Pool Fence Latch | Product Safety Australia
- Davey Water Products Pty Ltd — Spa Quip 800 and 1200 Spa Controllers - issued 11 April 2022 - Davey Water Products Pty Ltd — Spa Quip 800 and 1200 Spa Controllers | Product Safety Australia
- D&D Technologies Pty Ltd — SureClose® READYFIT™ 180° Gate Hinge-Closer Kits – issued 7 October 2021 - D&D Technologies Pty Ltd — SureClose® READYFIT™ 180° Gate Hinge-Closer Kits | Product Safety Australia.
A full list of ACCC product recalls can be found on their website, along with information about what to do if affected by a recall.
For more information visit Your responsibilities with NCBP.
Disclaimer
The information provided in this article is for educational purposes only. Although the QBCC endeavours to provide accurate and current information, it does not warrant, represent or guarantee that the information communicated in this blog is in all respects accurate, complete or current. The QBCC is not liable for any loss, damage or claims arising from incorrect or out-of-date information or any decisions or actions made, or actions taken, on reliance on the information contained in this blog. The information conveyed does not constitute legal or other specialist advice and should not be relied upon as such.
If you have any questions as to how the NCBP laws apply to you, you should obtain appropriate independent professional advice regarding how to discharge your duties under the QBCC Act and achieve compliance with relevant regulatory provisions for building products. This is especially important if you (or your company) intend to later rely upon that advice to demonstrate satisfaction of your duties under Part 6AA of the QBCC Act or other legislative obligations.
