The Queensland Government introduced the Building and Construction Legislation (Non-Conforming Building Products ‒ Chain of Responsibility and Other Matters) Amendment Act 2017 (Qld) (the Act) as a Bill on 25 May 2017. The then Bill was introduced in the wake of London's Grenfell fire in June 2017 and Melbourne's Lacrosse fire in November 2014, which were contributed to by non-conforming cladding. On 26 October 2017, the Queensland Government fixed the commencement date of the Act by proclamation. The Act commences on 1 November 2017.

Key aspects of the Act commencing 1 November 2017 

The Act predominantly amends the Queensland Building and Construction Commission Act 1991 (Qld) by:

• introducing various duties regarding building products upon supply chain participants in the 'chain of responsibility' (designers, manufacturers, importers, suppliers and installers of building products);
• broadening and clarifying the powers of the Queensland Building and Construction Commission (QBCC) and the Minister; and
• establishing a Building Products Advisory Committee,

with the aim of ensuring that building products are safe and fit for purpose.

Duties imposed upon those in the chain of responsibility include a primary duty to ensure, insofar as reasonably practicable, that a product is not a non-conforming building product for an intended use. Executive officers must exercise due diligence to ensure their companies comply with duties.

The Act creates offences for the breach of duties, which carry penalties of up to 1,000 penalty units ($126,150).

Key amendments made since include the introduction of additional provisions regarding extraterritoriality and a code of practice.

Importantly, some provisions of the Act operate retrospectively regarding non-conforming building products in use or installed prior to 1 November 2017.