Madison Marcus | From 15 August 2018, the use of certain aluminium composite panels are banned. Here are 6 important points stakeholders need to know about the ban. - Madison Marcus

From 15 August 2018, the use of certain aluminium composite panels are banned. Here are 6 important points stakeholders need to know about the ban.

In November 2017, the Building Products (Safety) Act 2017 was enacted to address safety risks associated with the use of un-safe building products. The “product” which triggered the legislation was the aluminium composite panels (ACPs) which was made infamous by the tragedies of the fires at the Lacrosse building in Melbourne and Grenfell Tower in London.

The Act gave NSW Fair Trading power to ban the use of products it determines to be unsafe. Throughout early 2018, Fair Trading engaged in consultation with key stakeholders on a proposed ban on certain ACPs.

On 10 August 2018, the result of the consultation was announced by the Commissioner for Fair Trading by a Prohibition Notice (a full copy of the Prohibition Notice can be found here).Importantly, on and from 15 August 2018, the use of certain types of ACPs are banned in NSW.

6 things you need to know about the ban

The key points of the prohibition on use of certain ACPs are:

1. When the ban starts?

The ban operates on and from 15 August 2018.

 

2. The banned product

The banned ACPs are those with a core comprised of greater than 30% polyethylene by mass

 

3. The banned usage

The banned ACPs cannot be used in any external cladding, external wall, external insulation, façade or rendered finish in the following types of certain types of buildings – see table 1

 

4. The Exceptions

There are two exceptions to the ban which involve testing of the banned ACPs (or the banned ACPs together with the wall systems) at an accredited

testing laboratory on or after 1 July 2017 and determining that the banned ACPs (or the banned ACPs and wall systems) are safe.

 

5. What you cannot do

A person must not:

(a) cause a banned ACP to be used in a building, in contravention of the ban (this applies to builders and subcontractors)

(b) represent that an ACP (if it is a banned ACP) that it is suitable for use in a building if that use would contravene the ban (this applies to builders, subcontractors, consultants, suppliers, and other construction industry stakeholders)

 

6. The penalties

The penalty for contravening the Act is up to $1.1M for companies and up to $220,000 or imprisonment for 2 years for individuals.

 

Table 1: The buildings where certain ACPs are banned

image019

If you have any questions relating to this article or would like to speak to a lawyer in relation to the Act or another aspect of this area of law, please contact the authors:

image020

Mark Yum

Partner – Construction & Infrastructure

E: mark.yum@madisonmarcus.co D: +61 2 8022 1222

image025

Nelson Arias-Alvarez

Partner – Construction & Infrastructure

E: nelson.arias-alvarez@madisonmarcus.co D: +61 2 8022 1222

Disclaimer:

Madison Marcus Law Firm produced this article. It is intended to provide general information in summary form on legal topics, current at the time of first publication. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought in particular matters.

Translate »