Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill

7 New sections 9A and 9B and cross-heading inserted

After section 9, insert:

Meanings of building product and building method

9A Meaning of building product

(1)

In this Act, building product means a product that—

(a)

could reasonably be expected to be used as a component of a building; or

(b)

is declared by the Governor-General by Order in Council to be a building product.

(2)

However, a product that would otherwise be a building product under subsection (1)(a) is not a building product if it is declared by the Governor-General by Order in Council not to be a building product.

(3)

In determining whether something could reasonably be expected to be used as a component of a building, the following are relevant considerations:

(a)

the purposes for which the thing is ordinarily used:

(b)

the purposes for which the manufacturer or supplier intends the thing to be used:

(c)

the purposes for which the thing is represented as being used for:

(d)

the purposes for which the thing is likely to be used (because of the way in which it is presented or for any other reason).

(4)

The matters listed in subsection (3) are relevant, but not determinative, considerations and do not limit what may be considered.

9B Meaning of building method

(1)

In this Act, building method means a method—

(a)

for using 1 or more products or things as part of building work; or

(b)

for carrying out building work that is declared by the Governor-General by Order in Council to be a building method.

(2)

However, a method that would otherwise be a building method under subsection (1)(a) is not a building method if it is declared by the Governor-General by Order in Council not to be a building method.