The Commissioner for Fair Trading NSW is calling for public submissions as to whether the use of ACPs, polystyrene products and other similar substances should be banned under the Building Products (Safety) Act 2017 (NSW) (BPSA).

Since the BPSA came into effect late last year, we have all been waiting for a list of banned ACPs to be published. Instead, the Commissioner has chosen to use her powers under s13 of the BPSA and call for submissions from the public as to whether ACPs, polystyrene products or similar substances should be banned from use in any external cladding, external walls, external insulation, facades or rendered finishes on buildings of 2 or more storeys and, if so, the terms on which they should be banned.

Submissions are requested to consider whether a ban should:

• apply to all uses or only specific uses;
• apply to all buildings or only specific class of buildings;
• apply to the public at large or permit a specific person or class of persons to use the banned building product;
• apply subject to exceptions, and if so what exceptions; or
• apply subject to conditions.

Submissions should be made in writing to the Commissioner by 23 April 2018.