Building and Other Legislation Amendment Act 2008 (Qld)

Queensland Building and Other Legislation Amendment Act 2008 Act No. 13 of 2008

Queensland Building and Other Legislation Amendment Act 2008 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 10 11 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Building Act 1975 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Replacement of s 67 (Temporary building or structure that does not comply with other building assessment provisions) . . . . . . . . 4 67 Temporary building or structures . . . . . . . . . . . . . . . . 4 Amendment of s 103 (Certificate requirements). . . . . . . . . . . . . . 5 Insertion of new s 108A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 108A Owner’s obligations about access to certificate of classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Insertion of new s 114A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 114A Owner’s obligation to comply with certificate of classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 154 (Role of building surveying technician). . . . 8 Amendment of s 185 (Function of accreditation standards body) 8 Amendment of s 216 (Meaning of budget accommodation building) ........................................ 8 Amendment of s 217 (Fire safety standard) . . . . . . . . . . . . . . . . . 9 Amendment of s 256 (Prosecution of offences) . . . . . . . . . . . . . . 9 Omission of s 282 (Local government building surveying technicians) ..................................... 10 Amendment of s 283 (Existing rainwater tank provisions in planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Insertion of new ch 11, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 6 Transitional provision for Building and Other Legislation Amendment Act 2008 284 Transitional provision for s 108A. . . . . . . . . . . . . . . . . 11

Building and Other Legislation Amendment Act 2008 Contents 15 16 Part 3 17 18 19 Part 4 20 21 22 23 24 25 26 27 28 29 Schedule Replacement of sch 1 (The QDC as at the commencement of s 13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 1 The QDC on 26 February 2008 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Fire and Rescue Service Act 1990 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 58C (Power to require production of certain documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Local Government Act 1993 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 728 (Application of Ombudsman Act 2001). . . . Amendment of s 1170 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 1180 (Scheme continued) . . . . . . . . . . . . . . . . . Replacement of s 1181 (Membership of scheme) . . . . . . . . . . . . Amendment of s 1182 (Local governments’ liability for permanent employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 1183 (Permanent employees’ liability for contributions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 1183A (Election by permanent employee to cease contributions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 1184 (Additional contributions to scheme) . . . . Amendment of s 1186 (Adjustment of contributions because of change in salary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 14 14 14 14 15 15 15 16 17 17 18 18 18 20 20 20 Page 2 2008 Act No. 13

Queensland Building and Other Legislation Amendment Act 2008 Act No. 13 of 2008 An Act to amend the Building Act 1975 , the Fire and RescueService Act 1990 and the Local Government Act 1993 [Assented to 23 April 2008]

Building and Other Legislation Amendment Act 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Building and Other Legislation Amendment Act 2008 . Part 2 Amendment of Building Act 1975 2 Act amended in pt 2 This part and the schedule amend the Building Act 1975 . 3 Replacement of s 67 (Temporary building or structure that does not comply with other building assessment provisions) Section 67— omit, insert— ‘67 Temporary building or structures ‘(1) A building development approval for any temporary building or structure must include a condition that— (a) limits the period during which the temporary building or structure may remain in place; and (b) requires removal or demolition of the temporary building or structure at the end of the period. ‘(2) Subsection (3) applies to a building development application for a temporary building or structure if— Page 4 2008 Act No. 13

Building and Other Legislation Amendment Act 2008 Part 2 Amendment of Building Act 1975 [s 4] (a) no building assessment provision is expressed to apply specifically to temporary buildings or structures generally or to temporary buildings or structures of the same type as the temporary building or structure; and (b) the building or structure, would not otherwise comply with the building assessment provisions. ‘(3) The assessment manager must not approve the application unless the building certifier has decided the temporary building or structure— (a) is structurally sound and capable of withstanding the loadings likely to arise from its use; and (b) reasonably provides for all of the following— (i) the safety of persons to be accommodated in the building or structure if there is a fire (including, for example, means of egress); (ii) the prevention and suppression of fire; (iii) the prevention of the spread of fire; (iv) the health and amenity of persons to be accommodated in the building or structure.’. 4 Amendment of s 103 (Certificate requirements) Section 103(e)— omit, insert— ‘(e) if the development uses alternative solutions—state the materials, systems, methods of building, procedures, specifications and other things required under the alternative solutions. Examples of possible alternative solution requirements relating to materials — • a limitation on the use of finishes with fire hazard properties as defined under the BCA • a prohibition on storing hazardous materials above a stated height • a limitation on storing or using stated materials. 2008 Act No. 13 Page 5

Building and Other Legislation Amendment Act 2008 Part 2 Amendment of Building Act 1975 [s 5] Examples of possible alternative solution requirements relating to systems or procedures — • a requirement that all of the building’s final exit doors be unlocked before it is occupied on the start of any day • a requirement to implement stated evacuation strategies or procedures • a restriction on the number and the distribution of the building’s occupants • a requirement that evacuation routes be kept clear of fittings and furnishings or be kept sterile • a prohibition on carrying out any hazardous processes or storage mentioned in BCA, part E1.5, table E1.5, note 3, paragraph (a). ’. 5 Insertion of new s 108A Chapter 5, part 2— insert— ‘108A Owner’s obligations about access to certificate of classification ‘(1) This section applies to the owner of a building if— (a) a certificate of classification has been given for the building; and (b) the certificate was given on or after 1 July 1997; and (c) all or part of the building is occupied. ‘(2) If the building is not a class 1a building, the owner must ensure the certificate is conspicuously displayed as near as practicable to the building’s main entrance. Maximum penalty—165 penalty units. Notes — 1 See, however, section 284 (Transitional provision for s 108A). 2 A certificate of classification is not required to be given for a single detached class 1a building or a class 10 building or structure. See section 100. Page 6 2008 Act No. 13

Building and Other Legislation Amendment Act 2008 Part 2 Amendment of Building Act 1975 [s 6] ‘(3) An authorised officer may require the owner to produce the certificate for inspection at the building. ‘(4) The owner must comply with the requirement. Maximum penalty—165 penalty units. ‘(5) Subsections (3) and (4) do not apply if the certificate is displayed as mentioned in subsection (2). ‘(6) For subsections (2) to (5), a reference to the certificate includes a reference to a copy of the certificate. ‘(7) In this section— authorised officer means— (a) a fire service officer under the Fire and Rescue ServiceAct 1990 ; or (b) an authorised person under the LocalGovernmentAct1993 carrying out functions in relation to this Act.’. 6 Insertion of new s 114A After section 114— insert— ‘114A Owner’s obligation to comply with certificate of classification ‘(1) This section applies if— (a) a certificate of classification has been given for a building; and (b) the certificate states a restriction mentioned in section 103(d) or a requirement of a type mentioned in section 103(e). ‘(2) The owner of the building must, unless the owner has a reasonable excuse, ensure the requirement or restriction is complied with. Maximum penalty—165 penalty units.’. 2008 Act No. 13 Page 7

Building and Other Legislation Amendment Act 2008 Part 2 Amendment of Building Act 1975 [s 7] 7 Amendment of s 154 (Role of building surveying technician) (1) Section 154(1)(a), ‘, other than a designated local government’— omit. (2) Section 154(2)— omit. 8 Amendment of s 185 (Function of accreditation standards body) (1) Section 185(3)— renumber as section 185(4). (2) Section 185— insert — ‘(3) However, subsection (2)(b) does not apply in relation to the issuing of accreditation to— (a) a building surveying technician employed as mentioned in section 154(a); or (b) a person who has applied to be licensed as a building surveying technician and who will, if so licensed, be employed as mentioned in section 154(a).’. 9 Amendment of s 216 (Meaning of budget accommodation building ) (1) Section 216(1)(b)(i), after ‘guesthouse’— insert— ‘, share-house’. (2) Section 216(2)(d)— omit . (3) Section 216(2)(e) to (l)— Page 8 2008 Act No. 13

Building and Other Legislation Amendment Act 2008 Part 2 Amendment of Building Act 1975 [s 10] renumber as section 216(2)(d) to (k). (4) Section 216(2) to (4)— renumber as section 216(3) to (5). (5) Section 216— insert— ‘(2) A building is not prevented from being a budget accommodation building under subsection (1) because of— (a) the fact that none, or only some, of the 6 or more persons mentioned in subsection (1)(b) are provided with food or meals at the building; or (b) the legal basis, or the absence of any established legal basis, on which the accommodation is provided for the persons; or (c) the fact that all or some of the persons are provided the accommodation free of charge; or (d) the fact that all or some of the persons have a right to occupy parts of the building other than parts used to provide the accommodation.’. (6) Section 216(3), as renumbered, ‘However’— omit, insert — ‘Despite subsections (1) and (2),’. 10 Amendment of s 217 (Fire safety standard) Section 217(1)(a)— omit, insert— ‘(a) QDC, part MP 2.1; and’. 11 Amendment of s 256 (Prosecution of offences) (1) Section 256(2)(a) and (b)— renumber as section 256(2)(b) and (c). 2008 Act No. 13 Page 9

Building and Other Legislation Amendment Act 2008 Part 2 Amendment of Building Act 1975 [s 12] (2) Section 256(2)— insert — ‘(a) for an offence against section 108A or 114A— (i) a fire service officer under the FireandRescueService Act 1990 ; or (ii) an authorised person under the Local GovernmentAct 1993 carrying out functions in relation to this Act; or’. 12 Omission of s 282 (Local government building surveying technicians) Section 282— omit. 13 Amendment of s 283 (Existing rainwater tank provisions in planning schemes) Section 283(4)— insert— ‘ Note — The only amendment or replacement of QDC part 25 from 1 September 2006 to 1 July 2007 was a replacement that took effect on 1 January 2007. That version was replaced by a new part MP 4.2 that took effect on 1 January 2008. ’. 14 Insertion of new ch 11, pt 6 After section 283— insert— Page 10 2008 Act No. 13

‘Part 6 Building and Other Legislation Amendment Act 2008 Part 2 Amendment of Building Act 1975 [s 15] Transitional provision for Building and Other Legislation Amendment Act 2008 ‘284 Transitional provision for s 108A ‘If a certificate of classification was given for a building on or after 1 July 1997 but before the commencement of section 108A, section 108A does not apply to the owner of the building until the first anniversary of the commencement. Editor’s note — Section 108A (Owner’s obligations about access to certificate of classification). ’ 15 Replacement of sch 1 (The QDC as at the commencement of s 13) Schedule 1— omit, insert— ‘Schedule 1 The QDC on 26 February 2008 section 13 ‘Note — ‘The provisions of the QDC mentioned in this schedule were published under section 13(3) on 16 November 2007. They commenced on 1 January 2008. See the Building Regulation 2006 , section 51A as in force on that day. 2008 Act No. 13 Page 11

Building and Other Legislation Amendment Act 2008 Part 2 Amendment of Building Act 1975 [s 15] Part Description Former part reference Siting and amenity—detached housing MP 1.1 Design and siting standard for single detached housing on lots under 450m 2 , but only— (a) the headings ‘application’ and ‘commencement’ and the words under those headings; and (b) performance criteria 1, 2, 3 and 6; and (c) the relevant acceptable solutions for the performance criteria; and (d) definitions relevant to the provisions mentioned in paragraphs (a) to (c). 11 MP 1.2 Design and siting standard for single detached housing on lots 450m 2 and over, but only— (a) the headings ‘application’ and ‘commencement’ and the words under those headings; and (b) performance criteria 1, 2, 3 and 6; and (c) the relevant acceptable solutions for the performance criteria; and (d) definitions relevant to the provisions mentioned in paragraphs (a) to (c). 12 Fire safety MP 2.1 Fire safety in budget accommodation buildings 14 MP 2.2 Fire safety in residential care buildings 14.1 Special buildings MP 3.1 Floating buildings 31 MP 3.2 Tents 28 Page 12 2008 Act No. 13

Building and Other Legislation Amendment Act 2008 Part 2 Amendment of Building Act 1975 [s 16] Part Description Building sustainability MP 4.1 Sustainable buildings MP 4.2 Water savings targets MP 4.3 Alternative water sources—commercial buildings General health, safety and amenity MP 5.1 Workplaces MP 5.2 Higher risk personal appearance services MP 5.3 Retail meat premises MP 5.4 Child care centres MP 5.5 Private health facilities MP 5.6 Pastoral workers’ accommodation MP 5.7 Residential services building standard MP 5.8 Workplaces involving spray painting Former part reference 29 25 — 1 15 4 22 7 21 20 2 ’. 16 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition fire safety installation — insert— ‘3 Also, if an alternative solution to a performance requirement under the BCA relating to the fire safety system has been used for a building or structure, a fire safety installation , for the building or structure, includes any thing required to comply with the alternative solution.’. (2) Schedule 2, definition, QDC boundary clearance and site cover provisions , ‘parts 11 and 12’— 2008 Act No. 13 Page 13

Building and Other Legislation Amendment Act 2008 Part 3 Amendment of Fire and Rescue Service Act 1990 [s 17] omit, insert — ‘parts MP 1.1 and MP 1.2’. Part 3 Amendment of Fire and Rescue Service Act 1990 17 Act amended in pt 3 This part amends the Fire and Rescue Service Act 1990 . 18 Amendment of s 58C (Power to require production of certain documents) Section 58C(1)(b), after ‘in a building’— insert— ‘or the fire safety systems for a building’. 19 Amendment of sch 6 (Dictionary) Schedule 6, definition fire safety system , ‘, for part 9A, division 3A,’— omit. Part 4 Amendment of Local Government Act 1993 20 Act amended in pt 4 This part and the schedule amend the Local Government Act1993 . Page 14 2008 Act No. 13

Building and Other Legislation Amendment Act 2008 Part 4 Amendment of Local Government Act 1993 [s 21] 21 Amendment of s 728 (Application of Ombudsman Act2001) (1) Section 728(1)(a)— omit. (2) Section 728(1)(b) to (d)— renumber as section 728(1)(a) to (c). (3) Section 728(2)— renumber as section 728(3). (4) Section 728— insert— ‘(2) An LGOC prescribed under a regulation for this subsection is not a public authority under the Ombudsman Act 2001 .’. 22 Amendment of s 1170 (Definitions) (1) Section 1170, definition scheme — omit. (2) Section 1170— insert — ‘ LG Super scheme see section 1180(1).’. 23 Amendment of s 1180 (Scheme continued) (1) Section 1180(1), after ‘Local Government Superannuation Scheme’— insert— ‘(the LG Super scheme )’. (2) Section 1180(2), ‘scheme’— omit, insert — ‘LG Super scheme’. 2008 Act No. 13 Page 15

Building and Other Legislation Amendment Act 2008 Part 4 Amendment of Local Government Act 1993 [s 24] 24 Replacement of s 1181 (Membership of scheme) Section 1181— omit, insert— ‘1181 Membership of LG super scheme ‘(1) An employee of a local government, other than a local government entity or the board is, while the employment continues, automatically a member of the LG Super scheme (an automatic member ). ‘(2) Also, the following persons are eligible to be members of the LG Super scheme ( eligible members )— (a) a councillor of a local government; (b) an employee of a local government entity; (c) a contractor of a local government; (d) a member of the governing body of a local government entity; (e) another person for whom a local government or the board is required under the Superannuation Guarantee (Administration) Act 1992 (Cwlth) to contribute to a superannuation scheme; (f) the spouse of an automatic member or of a person who under any of paragraphs (a) to (e) or (g) to (i) is an eligible member; (g) an entitled former spouse; (h) a person— (i) who was an automatic member or who was a member of the LG Super scheme because the person was a person of a type mentioned in any of paragraphs (a) to (e) or (i); and (ii) who has stopped being an automatic member or a person of that type; and (iii) whose benefit under the LG Super scheme has not been fully paid out, withdrawn or transferred from the LG Super scheme; Page 16 2008 Act No. 13

Building and Other Legislation Amendment Act 2008 Part 4 Amendment of Local Government Act 1993 [s 25] (i) another person of a type prescribed under a regulation. ‘(3) In this section— entitled former spouse means a person who is entitled, or conditionally entitled, under an agreement under the Family Law Act 1975 (Cwlth) or a court order under that Act, to payment of an amount from the LG Super scheme.’. 25 Amendment of s 1182 (Local governments’ liability for permanent employees) (1) Section 1182(1) after ‘permanent employee’— insert— ‘for whom it must make contributions under a law of the Commonwealth’. (2) Section 1182(1) and (3), ‘scheme’— omit, insert ‘LG Super scheme’. (3) Section 1182(4)— omit, insert — ‘(4) Despite subsections (1) to (3), the local government can not pay an amount as a contribution mentioned in subsection (1) to the extent the amount can not, under the Commonwealth Superannuation Act, be accepted by a regulated superannuation fund under that Act. Editor’s note — See the Superannuation Industry (Supervision) Regulations 1994 (Cwlth), regulation 7.04 (Acceptance of contributions—regulated superannuation funds). ’. 26 Amendment of s 1183 (Permanent employees’ liability for contributions) Section 1183(1), ‘is required to pay yearly contributions to the scheme’— 2008 Act No. 13 Page 17

Building and Other Legislation Amendment Act 2008 Part 4 Amendment of Local Government Act 1993 [s 27] omit, insert — ‘is, under section 1182, required to pay yearly contributions to the LG Super scheme’ . 27 Omission of s 1183A (Election by permanent employee to cease contributions) Section 1183A— omit. 28 Amendment of s 1184 (Additional contributions to scheme) (1) Section 1184, ‘scheme’— omit, insert ‘LG Super scheme’. (2) Section 1184— insert — ‘(3) Also, the member, or the local government for the member, can not pay an amount as a contribution mentioned in subsection (1) to the extent the amount can not, under the Commonwealth Superannuation Act, be accepted by a regulated superannuation fund under that Act.’. 29 Amendment of s 1186 (Adjustment of contributions because of change in salary) (1) Section 1186(1), after ‘stated year’— insert— ‘or as at any other stated day during the year following any change to the salary of any of the employees’. (2) Section 1186(3) to (5)— omit, insert — Page 18 2008 Act No. 13

Building and Other Legislation Amendment Act 2008 Part 4 Amendment of Local Government Act 1993 [s 29] ‘(3) If— (a) a permanent employee’s salary has decreased; and (b) the employee gives the local government written notice that the employee wants to pay contributions as if the employee’s salary had not decreased; the local government must calculate the yearly contributions payable for the employee based on the employee’s former salary.’. (3) Section 1186(6)— renumber as section 1186(4). 2008 Act No. 13 Page 19

Building and Other Legislation Amendment Act 2008 Schedule Schedule Minor amendments sections 2 and 20 Building Act 1975 1 Section 174(1)(a), second occurring— renumber as section 174(1)(b) . 2 Section 248(4), ‘Subsection (4)’— omit, insert— ‘Subsection (3)’. 3 Schedule 2, definition assessable development , ‘the IPA’— omit, insert— ‘IPA’. Local Government Act 1993 1 Section 4(1)(d)(ii)— omit, insert — ‘(ii) land mentioned in the Mineral Resources Act 1989 , schedule, definition owner ; or’. Page 20 2008 Act No. 13

Building and Other Legislation Amendment Act 2008 Schedule 2 Section 159YU,‘(1)’— omit. 3 Section 195(1) and schedule 2, definition local governing body , ‘ Local Government (Financial Assistance) Act 1986 ’ — omit, insert— ‘ Local Government (Financial Assistance) Act 1995 ’. 4 Section 238(1) and 1170, definition Commonwealth Superannuation Act — omit . 5 Section 238(3)(b) and section 721(1), definition existing scheme, ‘ Local Government Superannuation Scheme’— omit, insert— ‘LG Super scheme’. 6 Section 483M(2), paragraphs (a) to (e), after ‘ ; ’ — insert— ‘and’. 7 Section 492(2), paragraphs (a) to (d), after ‘ ; ’ — insert— ‘and’. 8 Section 499(a), ‘section 500)’— omit, insert— ‘section 500’. 2008 Act No. 13 Page 21

Building and Other Legislation Amendment Act 2008 Schedule 9 Section 720(2), ‘ Superannuation Industry (Supervision) Act 1993 (Cwlth)’ — omit, insert— ‘Commonwealth Superannuation Act’. 10 Section 955B(2), ‘ $1.00 ’ — omit, insert— ‘$1’. 11 Chapter 13, part 6, division 4, heading , ‘pt 6’— omit, insert— ‘ part 6 ’. 12 Chapter 15, part 5, division 11, subdivision 4 hdg, ‘div 11’— omit, insert — ‘ division 11 ’. 13 Section 1170, definitions contributory member, member and non-contributory member , and sections 1174(a), 1178(2)(b), 1187 and 1188(1), ‘scheme’— omit, insert— ‘LG Super scheme’ . 14 Schedule 2— insert— ‘ Commonwealth Superannuation Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth). LG Super scheme see section 1180(1).’. Page 22 2008 Act No. 13

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