Builders' Registration and Home-owners' Protection Act Amendment Act 1983 (Qld)

522 (l u ee nolaxt.d ANNO TRICESIMO SECUNDO ELIZAB.ETHAE SECUNDAE REGINAE No. 49 of 1983 An Act to amend the Builders ' Registration and Home- owners' Protection Act 1979- 1982 in certain particulars and for related purposes [ASSENTED TO 15TH D ECEMBER, 1983]

Builders' Registration and Home-owners' Protection Act Amendment Act 1983, No. 49 523 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. Short title. (1) This Act may be cited as the Builders' Registration and Home-owners' Protection Act Amendment Act 1983. (2) In this Act the Builders'RegistrationandHome-owners'Protection Act1979-1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Builders' Registration and Home-owners' Protection Act1979-1983. 2. New s. 18A. The Principal Act is amended by inserting after section 18 the following section:- " 18A. Superannuation scheme or arrangement . (1) The Board is authorized and is deemed always to have been authorized to establish or participate in a scheme or arrangement that secures superannuation benefits for any employee or employees of the Board. (2) On and after the passing of the Builders' Registration and Home-owners' Protection Act Amendment Act 1983, it shall not be competent to the Board- (a) to establish or to commence to participate in a scheme or arrangement such as is referred to in subsection (1); (b) to amend a scheme or arrangement such as is referred to in subsection (1) established by the Board; or (c) to continue to participate in a scheme or arrangement such as is referred to in subsection (1) that is amended subsequently to the passing of that Act and subsequently to the Board's commencing to participate therein, unless the approval of the Governor-in-Council has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (3) A reference to a scheme or arrangement in subsection (2) (b) or (2) (c) includes a reference to any such scheme or arrangement which the Board has established before or in which the Board was participating immediately before the commencement of the Builders' Registration and Home-owners' Protection Act Amendment Act 1983." 3. Amendment of s. 29. Accounts and Audit. Section 29 of the Principal Act is amended by- (a) inserting in subsection (1) after the words "by the Board" the words " and of any scheme or arrangement established by the Board pursuant to section 18A ";

524 Builders' Registration and Home-owners' Protection Act Amendment Act 1983, No. 49 (b) in subsection (2), omitting paragraph (c) and substituting the following paragraph:- " (c) The Auditor-General shall audit the accounts of the Board kept in respect of- (i) all transactions entered into by the Board; and (ii) any scheme or arrangement established by the Board pursuant to section 18A, and shall have in respect of any such audit all the powers and authorities conferred on him by the Financial Administration andAudit Act1977-1981.". 4. Amendment of s. 31. Persons who may be registered as registered house builders. (1) Section 31 of the Principal Act is amended by adding at the end of subsection (3) the following paragraph:- " In no case shall the total liability under such an instrument of guarantee and indemnity exceed the sum of $100 000.". (2) The amendment provided for by subsection (1) shall be deemed to have taken effect on 13 January 1983 and shall have retrospective effect accordingly. 5. Construction of certain instruments . Instruments of guarantee and indemnity made since 13 January 1983 and before the passing of this Act in accordance with the Schedule of the Principal Act shall be construed for all purposes as if they were instruments made in accordance with the form in the Schedule as amended by this Act and the provisions of section 31 of the Principal Act as amended by this Act shall apply in relation to those instruments. 6. Amendment of Schedule . The Principal Act is amended by omitting from provision 8 of the Schedule to the Act all words from and including " provided that " to and including " dollars ($100,000.00) ".