House-builders' Registration and Home-owners' Protection Act 1977 (Qld)

172 ANNO VICESIMO SEXTO ELIZABETHAE SECUN DAE R G N No. 20 of 1977 An Act to provide for the establishment of a H ouseebuilders9 Registration Board and the registration of persons co m petent to build houses , and to provide protection to owners of ho mes and for related purpos es [ASSENTED TO 21ST APRIL, 1977) 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: PART I-PRELIMINARY 1. Short title. This Act may be cited as the House-builders' Registration and Home-owners' Protection Act 1977. 2. Commencement of Act. The Governor may by Proclamation- (a) appoint a date on which this Act shall come into operation; or (b) appoint dates on which the provisions of this Act specified in the Proclamation shall come into operation. Such dates may be appointed in the one Proclamation or in different Proclamations. This Act or a provision thereof specified in the Proclamation shall come into operation on the date appointed by Proclamation made under this section for the coming into operation of this Act, or as the case may be, that provision.

House-builders' Regis'n and Home-owners ' Protection Act 1977, No. 20 173 3. Arrangement of Act. This Act is arranged in Parts as follows:- PART I-PRELIMINARY (SS. 1-4); PART II-THE BOARD (Ss. 5-26); Division 1-Constitution and Composition of Board; Division 2-Business of Board; Division 3-Funds of Board; PART III-REGISTRATION OF HOUSE-BUILDERS (ss. 27-44); Division 1-Registration and Certificates; Division 2-Suspension and Cancellation of Registration; Division 3-Appeal Against Board's Decisions; PART IV-REGISTERED HOUSE-BUILDERS (ss. 45-57); PART V-INSURANCE TO BENEFIT HOME OWNERS (ss. 58-70); PART VI-MISCELLANEOUS PROVISIONS (ss. 71-87). PART VII-EFFECT OF ACT ON BUILDERS' REGISTRATION ACT (ss. 88-102). 4. Meaning of terms. (1) In this Act, save where a contrary intention appears- " apartment " means a part of a building used or intended to be used for the purpose of residence by any occupier or occupiers (other than the proprietor of the building, members of his family or any employee of his) entitled to the exclusive use thereof together with a right to use in common with others any kitchen, bathroom, laundry or sanitary facilities in the building; " Board " means the House-builders' Registration Board of Queensland constituted under this Act; " boarding-house " means a building- (a) that is registered as such with the Local Authority of the Area in which it is situated; or (b) that is used or intended to be used for the purpose of residence by three or more occupiers other than the proprietor of the building, members of his family or any employee of -his ; " building construction " means- (a) the construction, re-construction, erection or re-erection of a dwelling-house; and (b) any building work which is or includes the construction, alteration, repair or improvement of, or the making of additions to the walls and structural parts of a building that is or, by reason of such building work, will become a dwelling-house, and includes the making of any foundation or footing for or incidental to any building construction; " building work " includes the provision of lighting, heating, cooling, ventilation, air-conditioning, water supply, drainage, sewerage and other appurtenances of a dwelling-house;

174 House-builders' Regis'n and Home-owners ' Protection Act 1977, No. 20 " dwelling-house " means a building (whether temporary or permanent) used or intended, adapted or designed for use as a separate residence for an occupier entitled to the exclusive use of the building and containing bathing or sanitary facilities and includes all outbuildings to be used in association with a dwelling-house but does not, include- (a) a separate residence that is a portion of a building containing two or more such residences; (b) a unit within the meaning of the Building Units Titles Act 1965-1972; (c) a building attached to a shop, office, warehouse or factory and used or intended, adapted or designed for use as a residence for an occupier or caretaker of the shop, office, warehouse or factory; (d) a building used or intended, adapted or designed for use as an apartment or apartment-house, a boarding-house, motel, residential club, residential hotel or residential part of premises licensed under the Liquor Act1912-1973; or (e) a building or a building of a class prescribed under this Act not to be a dwelling-house; " General Fund " means the House-builders' Registration Board General Fund established and maintained by the Board under this Act; " house-builder " means an individual who or a firm or body corporate that is engaged in building construction (including the provision of labour only) for a fixed sum, percentage, valuable consideration or reward other than wages; " individual " means a natural person; " Insurance Fund " means the House-builders' Registration Board Insurance Fund established and maintained by the Board under this Act; " Local Authority " means Brisbane City Council constituted under the City of Brisbane Act1924-1974 and any Local Authority constituted under the Local Government Act 1936-1976; " Magistrates Court " means a Magistrates Court constituted under the Magistrates Courts Act1921-1975; " Minister " means the Minister for Works and Housing,or other Minister of the Crown for the time being administering this Act; " offer for sale " includes inviting offers to purchase; " person " includes a firm; " purchaser " means- (a) a person with whom a registered house-builder enters into a contract referred to in provision (a) of section 58 (1) and who is the owner of the land on which the building construction is to be performed pursuant to the contract; (b) where the person with whom a registered house-builder enters into such a contract is not the owner of the land on which the building construction is to be performed pursuant to the contract, the. owner of that land:

House-builders ' Regis'n and Home-owners ' Protection Act 1977, No. 20 175 (c) a person who becomes the owner of land on which is a dwelling-house that comprises or contains building construction referred to in provision (b) of section 58 (1) performed by a registered house-builder as successor in title to the person who was the owner of the land when the building construction was performed, and includes all subsequent owners of such land; " Register " means the Register of House-builders kept pursuant to section 32; " registered house-builder " means an individual, body corporate or firm that is at the material time registered as a house-builder under this Act; " Registrar " means the Registrar of the Board appointed under this Act; (2) Where the maximum quantum of insurance cover provided by a house-purchaser's agreement under this Act is expressed by reference to the value of building construction such value- (a) in the case of a house-purchaser's agreement that is concerned with a contract to perform building construction, shall be taken to be the amount payable under the contract by the purchaser; (b) in the case of a house-purchaser's agreement that is concerned with a contract for the sale of land on which is a dwelling-house that comprises building construction, shall be taken to be the amount payable under the contract by the purchaser less- (i) the amount specified in the contract as the value of the land to which the contract relates; or (ii) if such an amount is not so specified, the amount that is determined by the Board or by a person appointed or approved by the Board to be the value of the land to which the contract relates as at the date of the contract; (c) in the case of a house-purchaser's agreement that is concerned with a contract for the sale of land on which is a dwelling-house that contains building construction, shall be taken to be the amount determined by the Board or by a person appointed or approved by the Board to be the value of such building construction as at the date of the contract. (3) Subject to subsection (2), where a provision of this Act refers to the value of building construction, such value shall be taken to be the amount determined by the Board or by a person appointed or approved by the Board to be the value of such building construction as at the time of its commencement: Provided that in any proceeding in respect of an offence against this Act in which such value is in issue it shall be open to the defendant to prove the value of the building construction in question. (4) In this Act a reference " who " and a reference " he " or " him and any derivative thereof used in relation to a house-builder includes a reference " which " and " it " respectively and a corresponding derivative of " it "

176 House - builders ' Regis ' n and Home - otivners' Protection Act 1977, No. 20 PART II-THE BOARD Division 1-Constitution and Composition of Board 5. Constitution of Board . (1) There shall be established and, from time to time, constituted as prescribed a•Board to be called the " House- builders' Registration Board of Queensland ". (2) The Board shall be a body corporate and, by the name and style conferred on it by subsection (1), shall have perpetual succession and. a common seal and for the purpose of carrying out the objects and purposes of this Act shall be capable in law of suing and being sued and with the Minister's written consent shall be capable of acquiring, taking or letting on lease, holding, selling and otherwise disposing of property of all kinds. 6. Functions of Board. Subject to this Act the functions of the Board are- (a) to issue and cancel certificates of registration as house-builders; (b) to compile and keep a register of individuals, bodies corporate and firms who are registered as house-builders under this Act and to publish a copy of the register in accordance with this Act; (c) to cancel or suspend the registration of a house-builder under this Act and to annul such a cancellation or suspension; (d) to give effect to the provisions of this Act; (e) to enforce the provisions of this Act. 7. Board subject to the Minister . (1) As and when required by the Minister, the Board shall furnish to him reports with respect to the policy that it is pursuing or proposes to pursue and with respect to any action taken or proposed to be taken in the performance by it of its functions. (2) If the Minister issues directions to the Board on matters of policy, the performance of its functions or the exercise of its powers, the Board shall observe and give effect to the directions. 8. Membership of Board . (1) The Board shall consist of five members, nominated by the Minister, of whom- (a) one shall be the representative of the Government of Queensland; (b) two, being qualified as prescribed by section 9, shall be the representatives of the building industry in Queensland; (c) one shall be the representative of purchasers; (d) one shall be the representative of the insurance industry in Queensland. (2) The members of the Board shall be appointed by the Governor in Council by notification published in the Gazette. (3) The Board Shall be taken to be duly constituted upon the first appointment as prescribed of the whole 'number of its members.

House-builders ' Regis'n and Home-owners ' Protection Act 1977, No. 20 177 9. Qualification of building industry representatives . Of the persons referred to in provision (b) of section 8 (1)- (a) one shall be an individual who is registered as a builder under the Builders' Registration Act1971-1973 and who is engaged primarily in general building construction; and (b) one shall be an individual who is engaged primarily in construction of dwelling houses and who, in the case of the first appointment of members of the Board, is registered as a builder under the Builders'Registration Act1971-1973 and in the case of each subsequent appointment of members of the Board is a registered house-builder. 10. Chairman of Board. The member of the Board who is nominated for appointment to the Board by the Minister pursuant to paragraph (a) of section 8 shall be the Chairman of the Board during the term of his appointment for which he is so nominated. 11. Minister to seek nominations for membership . (1) At least two months before the date of commencement of this Part and thereafter at least two months before the expiration of the term of appointment of the members of the Board for the time being the Minister shall request, in writing, each body or person that is entitled to nominate a person for appointment to the Board to furnish to him within the time limited in the request a panel of at least three names as nominees for the purpose. If at any time the Minister fails to comply with this subsection within the time limited herein he may at any later time issue his request in writing aforesaid and such issue and all action taken thereon as prescribed shall be deemed sufficient compliance with this Act. (2) If default is made in furnishing as requested by the Minister a panel of names or a panel of names furnished is inadequate as to number or is otherwise unacceptable to the Minister he may at his discretion nominate a person or persons to remedy the inadequacy or other defect and the resultant panel shall be deemed to have been furnished by the body or person to which the Minister's request was directed. 12. Tenure of office. (1) Unless his office becomes vacant sooner as is prescribed, the term of office of a member of the Board first constituted shall be such period as the Governor in Council specifies in his appointment of such member. (2) Save as is prescribed by subsection (1), unless his office becomes vacant sooner as is prescribed the term of office of a member of the Board shall be three years. (3) Every member of the Board shall be eligible for re-appointment if he has the qualification required by this Act for such appointment. (4) A member of the Board who is in office at the expiration by eiuxion of time of his term of office shall be deemed to continue in office until his successor duly assumes office. (5) The Governor in Council may at any time, for sufficient cause, remove from office any member of the Board. (6) A member of the Board may resign his office at any time by writing furnished to the Minister.

178 House-builders' Regis'n and Home-owners ' Protection Act 1977, No. 20 13. Vacating office of members . (1) The office of a member of the Board shall become vacant if- (a) he dies or his term of office expires; (b) he resigns his office; (c) he is absent, without leave of the Board obtained in advance, from three consecutive ordinary meetings of the Board of which notice has been duly given to him, personally or by post, and in respect of which meetings a person has not been appointed to act temporarily or as a deputy in the place of such member; (d) he, being a member of the Board by reason of his possession of any qualification, ceases to possess the qualification; (e) he becomes a patient within the meaning of the Mental HealthAct1974 or otherwise becomes incapable of performing adequately his duties as a member; (f) he is made bankrupt or otherwise takes advantage of the laws relating to bankruptcy; (g) he is duly removed from office by the Governor in Council. (2) For the purposes of this Act- (a) the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute attendance at an ordinary meeting of the Board notwithstanding that by reason of the lack of a quorum a meeting is not actually held on that day; (b) the non-attendance of a member at the time and place appointed for an ordinary meeting shall not constitute absence from a meeting of the Board unless an ordinary meeting of the Board at which a quorum is present is actually held on that day; (c) the names of members who attend at the time and place appointed for an ordinary meeting shall be recorded by the Registrar. (3) If at any time a member of the Board- (a) is from illness or other proper cause prevented from attending a meeting of the Board the Minister may appoint some person to act temporarily as a member in his place and, while so acting, such person shall have all the powers of and be deemed to be a member of the Board; (b) is from any proper cause likely to be absent from meetings of the Board for more than four months the Governor in Council may appoint some person to act as a deputy in the place of such member during his absence and, while so acting, such person shall have all the powers of and be deemed to be a member of the Board. 14. Casual vacancies in member ' s office. (1) If a casual vacancy occurs in the office of a member of the Board during the currency of his term of office the Governor in Council may appoint as prescribed some person to fill that vacancy. (2) The term of office of a person appointed to fill a casual vacancy in the membership of the Board shall continue and be deemed to continue for as long as the appointment of his predecessor would have continued had the casual vacancy not occurred. (3) Where the casual vacancy to be filled has occurred in the office of a member of the Board who was or is to be deemed to have been nominated for appointment by any body or person other than the

House-builders ' Regis'n and Home - owners' Protection Act 1977, No. 20 179 Minister the person appointed to fill that vacancy shall be selected from the panel of names from which his predecessor was selected or, at the Minister's discretion, from a panel of names furnished to the Minister at his request by the same body or person. The provisions of section 11 (2) apply in respect of a panel sought by the Minister for the purpose of appointing to a casual vacancy in the membership of the Board. Division 2-Business of Board 15. Officers of Board . (1) Subject to Part VII the Board may appoint a Registrar and such other officers as it thinks necessary to give effect to this Act and, subject to any applicable industrial award or agreement, may pay any person so appointed such salary or other remuneration as the Board thinks fit and the Minister approves. (2) The Registrar and any other officer so appointed shall hold office during the pleasure of the Board. (3) The Registrar shall be charged with the keeping of the Register and shall have the custody thereof and shall have such further duties as are prescribed or as the Board determines. 16. Payment of Board members . (1) Subject to subsection (2), the members of the Board shall be paid such fees and allowances as are prescribed. (2) An officer of the Public Service of Queensland shall not be entitled to any payment on account of his membership of the Board save in respect of expenses necessarily incurred by him in the proper discharge of his duties as a member of the Board_ 17. Chair man to preside . (1) The Chairman of the Board shall preside at every meeting of the Board at which he is present. (2) In the absence of the Chairman from a meeting of the Board the Minister may appoint one of the other members or, failing such an appointment, the members present at the meeting may elect from their number one member to act as Chairman. The - member so appointed or elected, while so acting, shall have all the powers of and be deemed to be the Chairman. 18. Proceedings of Boar d . (1) Three members of the Board shall constitute a quorum at any meeting of the Board. (2) A duly convened meeting of the Board at which a quorum is present shall be competent to transact any business of the Board and shall have and may exercise and discharge all the powers, authorities duties and functions of the Board. (3) On any matter before a meeting of the Board- (a) subject to paragraph (c), the decision of a majority of the votes cast by show of hands of members present at the meeting shall be the decision of the Board; (b) the Chairman shall have a deliberative vote and in the event of an equality of votes, a second or casting vote also; (c) if any member fails to vote he shall be deemed to have cast a vote for the negative. (4) The Board shall cause full and accurate minutes to be kept of the proceedings at its meetings.

180 House-builders' Regis'n and Home-owners' Protection Act 1977, No. 20 (5) The Board shall hold its first meeting on a day and at a time and place appointed by the Minister and thereafter the Board shall meet at such times and shall conduct its business in such manner as it determines. 19. Committees . (1) The Board may appoint such committees as it thinks necessary for the purpose of considering and making recommendations upon such matters as are referred to them by the Board. (2) The Board may determine the constitution and functions of any such committee and the terms of appointment and remuneration of the members thereof, but no such determination shall be inconsistent with the purposes of the Act. 20. Bo ar d's proceedings preserved . No act or proceeding of the Board shall be invalidated by reason only that there was a vacancy in the membership of the Board at the material time or by reason of any defect in the appointment of any person as a member of the Board. 21. Protection of Board m embers and officers . No liability shall attach to the Board or to any member of the Board or to any officer of the Board or other person engaged in the Board's business on account of any act or omission by the Board or by him done or made in good faith and purporting to be in exercise of its or his powers, authorities, duties or functions under this Act. 22. Reports by Board. (1) The Board shall, not later than 31 October in each year, furnish to the Minister a report on the Board's operations during the year ended on 30 June in that year. (2) The Minister shall, within 14 days after a report of the Board is received or, if the Legislative Assembly is not then sitting, within 14 days after it next commences to sit, cause the report to be tabled before the Legislative Assembly. Division 3-Funds of Board 23. Establis hm ent of fThe Board shall establish and maintain the following funds:- (a) the House-builders' Registration Board General Fund; and (b) the House-builders' Registration Board Insurance Fund. 24. General Fund. (1) There shall be paid into the General Fund- (a) all moneys received by the Board or payable to the Board on account of charges or fees under this Act; and (b) all moneys, other than those referred to in paragraph (a), received by the Board or payable to the Board that are not required by this Act to be paid into the Insurance Fund. (2) Moneys from time to time forming the General Fund may be applied- (a) to the expenses of administering this Act other than expenses determined by the Board to be expenses of administering Part V; (b) to any purpose of this Act in respect of which expenditure is not required by this Act to be charged against the Insurance Fund.

House - builders ' Regis'n and Home-owners' Protection Act 1977, No. 20 181 25. Insurance Fund . (1) There shall be paid into the Insurance Fund- (a) all moneys received by the Board or payable to the Board by way of insurance premium under Part V; (b) all moneys recovered by the Board under section 63; (c) all moneys received by the Board or payable to the Board by reason of any arrangement or contract referred to in section 64; and (d) all moneys received by the Board pursuant to section 75. (2) Moneys from time to time forming the Insurance Fund may be applied- (a) to the expenses, as determined by the Board, of administering Part V; (b) to payments required to be made by the Board under house purchasers' agreements referred to in section 62; and (c) to payments required to be made by the Board by reason of any arrangement or contract referred to in section 64. 26. Audit and financial statement . (1) The accounts of the Board shall be audited at least once in each year by the person or persons appointed pursuant to this section. (2) The Auditor-General may appoint a person who holds or persons each of whom holds a certificate of registration as a public accountant under the Public Accountants Registration Act 1946-1975 or an officer or officers of the Department of the Auditor-General to be the auditor or auditors for the Board. Remuneration payable by the Board in respect of each audit shalt be as fixed by the Auditor-General. (3) An auditor appointed under this section- (a) shall examine the books and accounts of the Board and forthwith upon completion of the audit shall report to the Auditor-General the result thereof; (b) may require the Board and any person employed by the Board to, produce to him for his examination such books, papers, writings, vouchers and records of the Board as in the auditor's opinion are relevant to the audit of the Board's accounts. The Auditor-General shall in respect of an audit of the Board's accounts have the powers conferred on him by the Audit Act 1874-1968 or any Act passed in substitution therefor. (4) The Board and any other person to whom a requisition is directed pursuant to subsection (3) shall forthwith comply with the requisition so directed to it or him. (5) The Board shall, as soon as practicable after 30 June in each year, publish in the Gazette a statement made up to that date showing the receipts and disbursements of the Board during the preceding 12 months certified- (a) in the case where the Board's accounts are audited in relation to that 12 months by an officer or officers of the Department of the Auditor-General, by the Auditor-General;

182 House-builders ' Regis'n and Home-owners ' Protection Act 1977, No. 20 (b) in any other case, by the person or persons, as the case may be, appointed pursuant to subsection (2) who performed the audit, as exhibiting in the opinion of the person or persons so certifying a true and fair view of'the financial transactions of the Board for the period to which the statement relates. PART 111-REGISTRATION OF HOUSE-BUILDERS Division 1-Registration and Certificates 27. Persons who may be registered . (1) Subject to this Act, any individual who applies in the prescribed form to the Board to be registered as a house-builder under this Act and pays to the Board the prescribed fee shall be entitled to be so registered if the Board finds that- (a) he is a person of good fame and character and is a fit and proper person to be so registered; (b) he is sufficiently competent to merit registration as a house l-uilder; (c) he has sufficient financial resources to enable him to carry on business as a registered house-builder in accordance with such conditions and restrictions relating to the carrying-on of that business as the Board may impose on his registration; (d) he is not disqualified from holding a certificate of registration as a house-builder and is not a person whose registration as a house-builder is suspended; and (e) he meets such other requirements as are prescribed for registration as a house-builder in respect of individuals generally or of a class of individual to which he belongs. (2) Subject to this Act, a body corporate or firm that carries on business in the State, which applies in the prescribed form to the Board to be registered as a house-builder under this Act and pays to the Board the prescribed fee, shall be entitled to be so registered if the Board finds that- (a) in the case of a body corporate, all the directors or members of the board of management thereof or, in the case of a firm, all the members thereof are of good fame and character; (b) it has, but for this Act, the power, authority, resources and capacity to trade as a house-builder; and (c) there is already registered under this Act at least- (i) one director or member of the board of management of the body corporate; (ii) one member of the firm; or (iii) a person employed by the body corporate or firm to manage and supervise the building construction undertaken by it, who has such authority, duties and responsibilities as will ensure the proper management and supervision of building construction undertaken by it. (3) A person who is a registered builder under the Builders'Registration Act1971-1973 and who applies in the prescribed form to the Board and pays to the Board the prescribed fee shall be entitled to registration as a house-builder under this Act.

House-builders' Regis'n and Home-owners ' Protection Act 1977, No. 20 183 28. Applications for registration . (1) Application to the Board for registration as a house-builder under this Act shall- (a) be made as prescribed; (b) be supported by such evidence as the Board requires; and (c) be accompanied by- (i) the prescribed registration fee; (ii) the prescribed roll fee or roll fees referred to in section 36 (1); (iii) the prescribed certificate fee. (2) The Board may, by notice in writing to a person who has made application for such registration, require him to furnish, within the time specified in the notice, further information in writing in connexion with his application. (3) Where the Board refuses an application for such registration all fees. which accompanied the application shall be refunded save such part of the registration fee as is prescribed. (4) The power to prescribe fees under this Act includes power to prescribe different fees having regard to differing persons, acts, matters, circumstances or things. 29. Restricted registration . Any registration as a house-builder granted under this Act may be made subject to such conditions and restrictions as the Board thinks fit. The conditions and restrictions that may be imposed under this section include such as restrict by reference to number or value the extent of the building construction that the registered house-builder may commence, whether under contract or otherwise, within a period specified by the Board. 30. M od ification of restricted registration . (1) Where the registration as a house-builder under this Act is made subject to any condition or restriction the registered house-builder may apply to the Board after the expiration of three months from the date of such registration to remove the condition or restriction or to modify it by substitution of a condition or restriction of less effect. Any such application shall be in the prescribed form and be accompanied by the prescribed fee. (2) Where such an application is duly made the Board may, by its order, remove the condition or restriction to which the application relates or modify it as prescribed by subsection (1) and any such removal or modification shall be effective upon the making of the order. (3) The provisions of subsections (1) and (2) apply to any conditions or restrictions substituted pursuant to subsection (2) as if they were imposed on the registration concerned in the first instance save that in applying subsection (1) to such conditions and restrictions the date of such registration shall be deemed to be the date when the substitution of such conditions or restrictions became effective. 31. Registration rights and obi° c'f body corporate or firm. (1) Subject to subsection (2), the enti ' :ment of a body corporate or firm to be registered as a house-builder under this Act shall continue only while at least- (a) one director or member of the board of management of the body corporate;

184 House-builders' Regis'n and Home-owners' Protection Act 1977, No. 20 (b) one member of the firm; or (c) an employed person referred to in provision (c) of section 27 (2), who has such authority, duties and responsibilities as, in the finding of the Board, will ensure the proper management and supervision of building construction undertaken by it continues to be registered as a house-builder under this Act. (2) Failure on the part of a body corporate or a firm registered as a house-builder under this Act to ensure that at least- (a) one director or member of the board of management of the body corporate; (b) one member of the firm; or (c) an employed person referred to in provision (c) of section 27 (2), who has such authority, duties and responsibilities as, in the finding of the Board, will ensure the proper management and supervision of building construction undertaken by it continues to be registered as a house-builder under this Act shall not terminate the entitlement to registration under this Act of the body corporate or firm or be a ground for cancellation or suspension of such registration if the Board finds that- (d) the notice referred to in subsection (3) could not be given because of circumstances of emergency or other reason that is satisfactory; and (e) the building construction undertaken by th-e body corporate or the firm was at all times managed and supervised by an individual acting in a capacity referred to in provision (c) of section 27 (2) and competent to assume and undertake the authorities, duties and responsibilities referred to in that paragraph; and (f) a notice referred to in subsection (3) was given, in the prescribed form, to the Board as soon as practicable. (3) A body corporate or firm registered as a house-builder under this Act may at any time, by notice in writing lodged with the Board, substitute for the individual who, at the time when the notice is lodged, is the person nominated by the body corporate or firm for the purpose of section 27 (2) to manage and supervise the building construction undertaken by it, another individual who is registered as a house-builder under this Act as the person authorized by the body corporate or firm to act in the like capacity and who has such authority, duties and responsibilities as, in the finding of the Board, will ensure the proper management and supervision of the building construction undertaken by it. Details of such a substitution shall be recorded in the Register. (4) A notice under subsection (3)- (a) shall be in the prescribed form and be accompanied by the prescribed fee; (b) shall specify the date from whicn it is proposed that the substitution should take effect; and (c) shall be lodged with the Board not less than 14 days before the date so specified, and the substitution shall take effect from the date so specified. Where a body corporate or firm has lodged a notice in the prescribed form but it has not complied with paragraphs (b) and (c) the substitution shall take effect from a date which is 14 days after the lodgment of the notice with the Board.

House-builders' Regis'n and Home-oi+ners' Protection Act 1977, No. 20 185 (5) If the individual nominated by a body corporate or a firm for the purpose of section 27 (2) to manage and supervise building construction undertaken by it ceases to act or to be eligible to act in that capacity, the body corporate or firm and, where practicable, the individual shall, within 14 days after such cessation, lodge with the Board notice in writing thereof and the body corporate or firm shall cancel the nomination of that individual or substitute another individual in his stead in accordance with subsections (3) and (4). A notice of cessation under this subsection shall be in the prescribed form and be accompanied by the prescribed fee. 32. Keeping of Register. (1) The Board shall keep a register of house-builders to be called the " Register of House-builders ", which shall be in the prescribed form. (2) The Register shall contain- (a) the full name, business address and registration number of every person who is a registered house-builder under this Act and, where that person is a firm, the name and business address of each member of the firm and, where that person is a body corporate, the name and business address of each director or member of the board of management of the body corporate; and (b) such other particulars as are prescribed. (3) Any person may, on payment of the fee prescribed, inspect the Register at the office of the Board at all times when that office is open for business. (4) A registered house-builder shall notify the Board in writing, within 14 days of the occurrence thereof, of any change that occurs in any of the particulars that are required by or under this Act to be contained in the Register in relation to him. Every such notice shall be in the prescribed form and be accompanied by the prescribed fee. 33. Roll of registered house-builders . (1) In the month of January in each year the Board shall furnish to the Minister a roll of registered house-builders compiled in alphabetical sequence from the Register and certified under the signature of the Registrar to be correct as at the date appearing thereon as the date to which it is compiled. Upon receipt by him of such roll the Minister shall cause the same to be published in the Gazette as the " Roll of Registered House-builders of Queensland for the year ", followed by the number of the year in which it is published. (2) Subject to subsections (3) and (4), a copy of the roll published as prescribed by subsection (1) shall be sufficient evidence, until the contrary is proved, in all legal proceedings that the persons mentioned in the roll and no others are registered as house-builders for the year for which the writing purports to be the roll. (3) In the case of a person whose name does not appear in the roll published as prescribed by subsection (1) a certificate under the hand of the Registrar that on a date or during a period specified in the certificate such person was registered as a house-builder under this Act shall be sufficient evidence of the matters stated therein. 7-56267

1 c6 House-builders' Regis'n and Home-owners' Protection .4ct 1977, No. 20 (4) In the case of a person whose name appears in the roll published as prescribed by subsection (1) a copy of the Gazette containing a notification that such person's name has been removed from the Register or that the registration of such person as a house-builder has been cancelled or suspended shall be conclusive evidence of such removal, cancellation or suspension. 34. Certific ate of registration . Where the Board approves an application for registration as a house-builder under this Act it shall cause the appropriate entries to be made in the Register and shall issue to the applicant a certificate of registration in the prescribed form. 35. Duplicate certificate of registration . (1) If a certificate of registration issued under section 34 is lost or destroyed the person to whom it was issued or some person having knowledge of the facts and circumstances may make a statutory declaration with respect thereto and if the Board is satisfied with such declaration it may issue a fresh certificate to the person entitled to the same, upon payment of the prescribed fee. (2) A certificate issued under subsection (1) shall be endorsed with a memorandum setting out the reasons for its issue and shall have effect as if it were the original certificate. 36. Roll fee. (1) The roll fee lodged by a person with his application for registration as a house-builder under this Act shall, if his application is successful, be taken to be the roll fee for. the year that includes the date of his registration. (2) Except as provided in subsection (3), every registered house-builder shall on or before I October in each year pay to the Board the prescribed roll fee for the year commencing on 1 January next following. - (3) A person who is registered as a house-builder after 1 October in any year shall within one month after notification to him of his registration pay to the Board the prescribed roll fee for the year commencing on 1 January next following the date of his registration. (4) If a registered house-builder required by this section to pay the prescribed roll fee on or before 1 October in any year fails to pay to the Board the prescribed roll fee on or before that date in that year, the Registrar shall forthwith notify him, by letter addressed to him at his address appearing in,the Register, that if such fee is not paid to the Registrar on or before 1 December next following the Board may remove his name from the Register. If a registered house-builder fails to pay to the Registrar the prescribed roll fee on or before the date stipulated in the notification, the Board may remove his name from the Register. Such removal shall take effect as from 1 January next following he date of removal and notice thereof shall be published in the Gazette as soon as practicable thereafter. (5) Where a person whose name is removed from the Register pursuant to subsection (4) is an individual who is a director or member of the board of management of a body corporate or is a' member of a firm or is an employed person referred to in paragraph (c) of section 27 (2) whose registration is necessary to the registration of the body corporate or firm, then, upon removal of his name from the Register, the name of the body corporate or firm shall also be removed from the Register.

House-builders ' Regis'n and Horne- owners' Protection Act 1977, No. 20 187 Division 2-Suspension and Cancellation of Registration 37. Automatic cancellation of registration . If an individual registered as a house -builder under this Act dies or becomes a patient within the meaning of the Mental Health Act1974 his registration under this Act shall thereupon and by virtue thereof be cancelled. 38. Suspension and cancellation by Board . ( 1) Subject to section 39, the Board may, by its order made in accordance with this Act, cancel or suspend the registration under this Act of a house-builder who in the finding of the Board- (a) does not comply with one or more of the requirements of section 27 (1); (b) after his registration as a house - builder under this Act has been convicted in Queensland of an indictable offence or has been convicted elsewhere of an offence that, were it committed in Queensland, would be an indictable offence; (c) has been negligent or incompetent in connexion with the performance of building work in relation to a dwelling - house; (d) has been fraudulent in relation to the performance of building work in relation to a dwelling - house; (e) has obtained his registration as a house - builder under this Act by fraud or misrepresentation; (f) has failed to comply with any of the conditions or restrictions to which his registration is subject; (g) has been made bankrupt or otherwise has taken advantage of the laws relating to bankruptcy; (h) has ceased to be entitled to be registered under this Act as prescribed by section 31 (1); (i) is being wound up or is unable to pay his debts, has ceased to carry on business or is a person in respect of whom a receiver or manager has been appointed by a court as pursuant to powers contained in an instrument; or (j) has been convicted of an offence against a provision of this Act. (2) For the purpose of provision (i) of subsection (1) a person, being a body corporate or firm, shall be taken to be unable to pay its debts if execution or other process issued on a judgment, decree or order of a court in favour of a creditor of that person is returned . unsatisfied in whole or in part. 39. Procedure for disciplinary action by Board. (1) Upon receipt by the Board of a complaint against a registered house-builder the Board, if it finds that some action should be taken in relation to the matter of complaint, shall-- (a) send to the registered house-builder a notice in writing of the complaint made against him and particulars thereof; and (b) conduct its inquiry into the matter of the complaint, giving to the registered house-builder an opportunity to show cause why his registration under this Act should not be cancelled or suspended.

188 House-builders ' Regis'n and Home-owners ' Protection Act 1977, No. 20 (2) After the inquiry referred to in subsection (1) the Board may- (a) determine to take no further action in relation to the complaint; (b) reprimand or caution the registered house-builder; (c) by its order, subject the registration of the house-builder to such conditions and restrictions as it thinks fit; (d) by its order, suspend for a period determined by it the registration of the house-builder upon a ground specified in section 38 (1) and proved in the inquiry; or (e) by its order, cancel the registration of the house-builder upon a ground specified in section 38 (1) and proved in the inquiry. (3) An inquiry referred to in subsection (1) may be held in the absence of the registered house-builder if the Board finds that he was served with reasonable notice of the time and place appointed for conducting the inquiry and that he has failed to attend the inquiry without showing good cause to the Board for his failure. Service of a notice referred to in this subsection may be proved by the oath of the person who effected the service or by affidavit. (4) If the Board makes an order under provision (c), (d) or (e) of subsection (2) then- (a) in the case of an order made under provision (c), the registration of the house-builder against whom it is made shall be subject to the conditions and restrictions ordered until the order is revoked or modified as prescribed; (b) in the case of an order made under provision (d), the house- builder against whom it is made shall cease to be registered under this Act for the period specified by the order or until the order is revoked as prescribed; (c) in the case of an order made under provision (e), the house- builder shall cease to be registered under this Act until the order is revoked as prescribed. (5) Where the registration of a body corporate or firm as a house- builder under this Act is duly suspended or cancelled by the Board on a ground referred to in provision (c) or (d) of section 38 (1) the Board without further inquiry may by its order suspend or cancel the registration as a house-builder under this Act of the director or member of the board of management, the member of the firm or, as the case may be, the employee by whom the building construction to which the inquiry related was or was required to be managed or supervised if- (a) it has sent to such director, member or employee a copy of the notice sent to the body corporate or firm under subsection (1); and (b) it has afforded such director, member or employee an opportunity of giving an explanation personally or in writing. (6) Notice of the suspension or cancellation of the registration of a house-builder shall be published in the Gazette. 40. Surrender of certificate of registration suspended or cancelled. (1) Within 14 days after he is notified of the suspension or cancellation of his registration as a house-builder under this Act the person whose registration is so suspended or cancelled shall surrender to the Board every certificate of registration issued to him under this Act.

Douse-builders ' Regis'n and Home-oit-tiers ' Pro tection Act 1977, N o. 20 189 (2) A failure to comply with subsection (1) shall not affect the suspension or cancellation of the registration under this Act of the person concerned. (3) Upon the expiration of a period of suspension of registration under this Act the Board shall return every certificate of registration to the person by whom it was surrendered. (4) A person who fails to comply with subsection (1) commits an offence against this Act. Penalty: $100. 41. Annulment of cancellation , etc., of registration . (1) By order of the Board the cancellation of a registration of a house-builder under this Act may be annulled and a suspension of such a registration may be annulled or modified at any time and for such reason and upon such terms as the Board thinks fit. Notice of the annulment of cancellation of registration of a house-builder shall be published in the Gazette. (2) By order of the Board a condition or restriction to which a registration of a house-builder under this Act is made subject pursuant to section 39 may be removed or be modified by substituting a condition or restriction of less effect at any time and for such reason as the Board thinks fit. (3) A person whose registration as a house-builder under this Act has been suspended or cancelled or made subject to a condition or restriction pursuant to section 39 may at any time after the expiration of three months from the date of such suspension, cancellation-or subjection apply to the Board to annul-such suspension or cancellation or to remove, or modify such condition or restriction. Division 3-Appeal Against Board's Decisions 42. Right of appeal . Where the Board- (a) refuses an application by any person for registration as a house-builder under this Act; (b) makes the registration of any person as a house-builder under this Act subject to a condition or restriction, whether in the first instance or at a later time; (c) suspends or cancels the registration of any person as a house-builder under this Act; (d) refuses to annul the suspension or cancellation of the registration of any person as a house-builder under this Act; or (e) refuses to remove or modify a condition or restriction to which the registration of any person as a house-builder under this Act is made subject, whether in the first instance or at a later time, the person aggrieved by the Board's decision or order may appeal against the decision or order to a Magistrates Court within one month after the date on which notice of the decision or order is served on that person. 43. Powers of court on appeal. (I) Every Magistrates Court has jurisdiction to hear and determine an appeal made to it or remitted to it pursuant to this Act.

190 House-builders' Regis'n and Hon, e-ou ners' Projection. Act 1977, No. 20 (2) If the court to which an appeal is made is of opinion upon consideration of the circumstances that the appeal should be heard by a court at some other place in the State it may remit the matter to the Magistrates Court at that place, which court shall proceed to hear and determine the appeal. (3) The court that hears and determines an appeal may make such order as to the costs of the appeal as it thinks fit. 44. Nature of appeal. Unless the court that is to hear and determine at, appeal, with the consent of the Board and the appellant, directs otherwise, every appeal shall be by way of rehearing. The decision of the court on an appeal shall be final and conclusive and the Board shall give effect thereto. PART IV-REGISTERED HOUSE-BUILDERS 45. Building construction by body corporate or firm . (1) Where building construction is undertaken by a body corporate that is registered as a house-builder under this Act the body corporate shall cause- (a) the building construction to be managed and supervised by- (i) a director or member of the board of management of the body corporate; or (ii) an employee of the body corporate, who, in either case, is a registered house-builder; and (b) the name of that director, member or employee and the number allotted to him upon his registration under this Act to appear- (i) in every advertisement published by or on behalf of the body corporate in respect of the building construction; - and (ii) in every sign affixed or erected on the site of the building construction whether pursuant to section 46 or otherwise. (2) Where building construction is undertaken by a firm that is registered as a house-builder under this Act its members shall cause- (a) the building construction to be managed and supervised by- (i) a member of the firm; or (ii) an employee of the firm, who, in either case, is a registered house-builder; and (b) the name of that member or employee and the number allotted to him upon his registration under this Act to appear- (i) in every advertisement published by or on behalf of the firm in respect of the building construction; and (ii) in every sign affixed or erected on the site of the building construction whether pursuant to section 46 or otherwise. (3) A person who fails to comply with any provision of this section commits an offence against this Act. Penalty: For an offence defined in subsection (1) (a) or (2) (a), $500 for a first offence, $1 000 for a second or subseouent offence; For an offence defined in subsection (1) (b) or (2) (h), $100_ 46. Sign to be erected . A registered house-builder shall cause to be affixed or erected in a conspicuous position on the site of building construction under his control a sign not less than half a square metre in

House-huilciers ' Re-is'n e nd / lone-ouier , ^' !'rotertiun Act o. ?i1 l y I dimension showing in legible letters and figures this name and registered under this Act and the number allotted to him upon his registration under this Act. 47. Offences by persons not registered as house-builders or concerned with building construction by persons not so registered . (1) A person who is not a registered house-builder shall not-- (a) take or use or by inference adopt. whether alone or in conjunction with any other name, title, wore or levier. any name, title, word or letter that implies or that may be construed as implying that he is so registered; or (b) by words or conduct hold himself out to be so registered. Penalty: $1 000. (2) A person who is riot a registered house-builder shall not-- (a) perform for himself building construction except in relation to a dwelling-house for his own occupation; (b) perform building construction for another whether pursuant to a contract or not; (c) tender for or offer to perform building construction for another; (d) enter into a contract to perform building construction for another; or (e) be entitled to recover by action in a court a fee or charge under a contract to perform building construction for another, unless the value of the building construction does not exceed $' 000 or he is exempt, pursuant to section 50 or 51, from the requirement that he be registered as a house-builder under this Act. Penalty: $1000. Performance of building construction in relation to a building that is to comprise two separate residences shall be taken not to contravene paragraph (a) or (b) aforesaid if at the time of such performance one of such residences is used or intended for occupation by the person performing the building construction. (3) A person shall not sell or offer for sale a dwelling-house that comprises or contains building construction to a value exceeding $1 000 performed by a person who at the time of such performance was not a registered house-builder at any time within six years after the completion of such building construction unless he first gives to every person who proposes to purchase the dwelling-house written notification— (a) that the building construction was performed by a person who at the time of such performance was not a registered house-builder; and (b) that the building construction is riot covered by insurance cover provided by a house-purchaser's agreement referred to in section 62; and (c) that the building construction is not subject to a warranty provided for in section 69. Where such offer for sale is in the form of an advertisement in a newspaper or similar publication the notification of the particulars prescribed by this subsection shall be contained in each such advertisement. A person who contravenes this subsection is liable to a penalty of $250.

192 House-builders ' Regis'n and Horne-owners ' Protection Act 1977, No. 20 (4) It shall be deemed in respect of a person who immediately before the commencement of this Part was a registered builder within the meaning of the Builders ' Registration Act 1971-1973- (a) that provisions (a), (b), (c) and (d) of subsection (2) do not. have any application for a period of three months after the commencement of this Part; and (b) that provision ( e) of subsection ( 2) does not apply in respect of building construction completed before the expiration of three months after the commencement of this Part. 48. Procedure to allow building construction on own dwelling-house. (1) A person who is not a registered house-builder and who proposes to perform building construction of a value exceeding $1 000 in relation to a dwelling-house for his own occupation shall before he commences such construction furnish to the Board notification in writing of his intention to commence such construction. This subsection does not require a person to furnish to the Board plans, specifications or drawings of the building construction in respect of which he is by this subsection required to furnish notification to the Board. Penalty: $50 for a first offence; $100 for a second offence; $200 for a third offence; $400 for a fourth or subsequent offence. (2) A person who is not a registered house-builder and who has performed building construction of a value exceeding $1 000 in relation to a dwelling-house for his own occupation shall not within a period of two years after he commenced such construction commence building construction of a value exceeding $1 000 in relation to any other dwelling-house except with the approval of the Board first had and obtained to his performance of such last-mentioned building construction. Penalty: $250. An application for the Board's approval for the purposes of this subsection shall be made in the prescribed form. 49. Application of ss. 47 and 48 in prescribed cases. (1) For the purposes of subsections (2) and (3) of section 47 and of section 48 a_ person who causes the performance of building construction shall be deemed to have performed such construction unless it is shown that the building construction is or was performed by another under a contract other than a contract of service made by such person. (2) Subsections (2) and (3) of section 47 and section 48 apply according to their terms notwithstanding that a number of distinct contracts to perform work or to render services are made in connexion with the same building construction by the same person where- (a) the aggregate value of all the building construction to which the contracts relate exceeds $1 000 notwithstanding that the building construction to which one or more of the contracts relate does not exceed in value that amount; or (b) the contracts are in respect of substantially the one undertaking; or (c) it appears that the contracts were entered into with a view to evading this Act.

House-builders' Regis'n and Home-owners' Protection Act 1977, No. 20 193 50. Exemption of certain unregistered persons who perform building construction . Section 47 (2) does not apply in respect of a person specified in this section to the extent indicated herein in relation to that person or at all where no such extent is indicated in relation to any such person- (a) an individual who is an officer or servant of the Crown or of a Crown instrumentality or of a Local Authority, in so far as he directs or supervises the performance of building construction in the execution of his duties as such officer or servant; (b) a Local Authority; (c) a person who before the expiration of three months after a date to be fixed by the Governor in Council by Order in Council performs building construction under a contract with ' a registered house-builder as part only of building work to be performed in relation to a dwelling-house by the registered house-builder or under a contract with a person who has contracted with a registered house-builder for the performance of building construction as part only of building work to be performed in relation to a dwelling-house by the registered house-builder; (d) an individual in so far as he performs building construction as an employee in the course of his contract of service with another. 51. Board ' s power to exempt . (1) The Board may, with the Minister's approval, by its order published in the Gazette, exempt a person or class of person or building construction or class of building construction from the operation of all or any of the provisions of this Act either absolutely or subject to such conditions as the Board specifies in its order. (2) The Board may, with the Minister's approval, by its order published in the Gazette revoke or vary an order made under subsection (1) or this subsection. (3) An order of the Board duly made under subsection (1) or (2) shall have effect according to its tenor. 52. Offences by registered house-builders . Save as is otherwise expressly provided in this Act, a registered house-builder who- (a) fails to comply with, a condition or restriction to which his registration is subject; (b) contravenes or fails to comply with any provision of this Act; (c) fails to comply with a lawful order of the Board made pursuant to this Act; (d) knowingly assists a person to perform building construction in contravention of this Act; (e) performs building construction under a name other than that shown on his certificate of registration as a house builder under this Act; or (f) represents himself as a person to whom is issued a certificate of registration as a house-builder under this Act that bears a number other than the number on his certificate of registration as a house-builder under this Act, commits an offence against this Act. Penalty: For an offence defined in provision (a), S500. For any other offence, $100.

1 „ see bui de.s Regis'n and h orne-oxwners ' Protection 4cr 1977. No. 20 53. Remedy for unsatisfactory work. (1) Where the Board is of the opinion that building work in relation to a dwelling-house performed by a person who is or was at the time of performance of the work-- (a) a registered house -builder; or (b) exempt under section 50 or 51 as respects that building work. or caused by such a person to be performed has not. been performed in a proper and workmanlike manner the Board, in writing served on that person- (c) may order him to remedy the building work that is faulty or unsatisfactory; or (d) may order him to demolish the building work that is faulty or unsatisfactory and to perform that work again, in either case subject to the condition that the person concerned may perform the building work lawfully under this Act or in so far as such condition is not satisfied- (e) may order him to cause the building work that is faulty or unsatisfactory to be remedied; or (f) may order him to demolish the building work that is faulty or unsatisfactory and to cause that work to be performed again, in either case by a person who may perform the building work lawfully under this Act, within a reasonable time specified by the Board in its order. (2) The Board may from time to time extend the time specified by it in an order made under subsection (1) or that time as previously extended under this subsection and thereupon the time specified in the order shall be construed as the time as last so extended. (3) For the purposes of this section the expression " building work that is faulty or unsatisfactory " includes building work that does not comply with an applicable Act, regulation or by-law or a relevant provision of a contract entered. into in relation to the performance of the building work. (4) The making of an order under subsection (1) in respect of building work performed by a registered house-builder shall not affect the power of the Board to take disciplinary action under section 39 against the registered house-builder to whom the order is directed or against any other registered house-builder in respect of the same building work irrespective of- (a) whether an appeal against the order is made; or (b) if such an appeal is made, the outcome of that appeal. 54. Appeal against Board ' s order. A person to whom an order made under section 53 (1) is directed may within 21 days after the order is served appeal against the order to the Magistrates Court at or nearest to the place where the building work in question was performed, which court has jurisdiction to hear and determine the appeal. The appellant shall institute his appeal by lodging with the court having jurisdiction written notice of his grounds of appeal and serving a copy of that notice on the Board. 55. Powers of court on appeal. The court hearing an appeal under section 54 may-- (a) set aside the order of the Board or vary it in such way as the court thinks just; or

House-Guilders' Regis'n and Home-ourners' Protection Act 1977, No. 20 195 (b) disallow the appeal and confirm the order of the Board, and may make such order as to the costs of the appeal as it thinks fit. 56. Nature of appeal. Every appeal under section 54 shall be heard on the best evidence available. The decision of the court on an appeal shall be final and conclusive. 57. Offence to disobey order under s. 53. A person who- (a) fails to comply with the order of the Board made under section 53 (1) and directed to him save where the order has been set aside or varied on an appeal; or (b) fails to comply with such an order of the Board as duly varied by a court on appeal, commits an offence against this Act. Penalty: $500. PART V-INSURANCE TO BENEFIT HOME OWNERS 58. Board to be given notice of contracts and to be paid insurance premiums . (1) A registered house-builder who-- (a) after the commencement of this Act enters into a contract to perform, by himself or by others, building construction of a value exceeding $1 000; or (b) otherwise than pursuant to such a contract, completes building construction of a value exceeding $1 000 that is commenced after the commencement of this Act, shall- (c) in the case referred to in provision (a)- (i) within 14 days after entering into the contract serve on the Board notice of the contract; and (ii) within 14 days after completion of the building construction to which the contract relates, serve on the Board notice of such completion; and (d) in the case referred to in provision (b), within 14 days after completion of the building construction serve on the Board notice of such completion; and (e) at the time that he serves on the Board the notice referred to in provision (c) (i) or (d), pay to the Board an insurance premium in respect of the insurance of the building construction in an amount calculated in accordance with the prescribed scale. (2) A notice to be served under subsection (l) shall be in the prescribed form and contain the particulars provided for in that form. (3) A person who, being required by subsection (1) to sere,e notice or pay an insurance premium to the Board, fails to serve such notices prescribed or to pay such premium as prescribed commits an offence against this Act. Penalty: $1 000. 59. Contracting party to be given notice of his rights . ( 1) A person who is required by section 58 (1) to p y to the Board an premium shall- (a) within 14 days after entering into the contract in relation to which he is required to pay the premium: or

196 House-builders ' Regis'n and Home-owners ' Protection Act 1977, No. 20 (b) within 14 days after entering into a contract for the sale of land on which is a dwelling-house that comprises or contains building construction referred to in provision (b) of section 58 (1), if such contract is entered into within the prescribed time after completion of the building construction, give to the other party to the contract, personally or by registered post or certified mail addressed to him at his address shown in the contract, a memorandum in the prescribed form setting forth in general terms the rights of that party under this Part as respects the insurance of the building construction. (2) A person who, being required by subsection (1) to give a memorandum concerning insurance rights to any person, fails to give such memorandum as prescribed commits an offence against this Act. Penalty: $100. 60. Obligation of legal representative , mortgagee , liquidator and vendor to pay insurance premium. (1) A person who is- (a) the legal personal representative of a person required to comply with a provision of section 58 (1) in respect of any building construction: or (b) a mortgagee of land on which is a dwelling-house that comprises or contains building construction referred to in provision (a) or (b) of section 58 (1); or (c) one in whom is vested land referred to in provision (b) upon the winding up of the body corporate, upon the dissolution of the firm or upon the bankruptcy of the individual by whom the building construction was performed, and who as vendor enters into a contract for the sale of the land within the prescribed time after completion of the building construction and any.other person who as vendctr enters into a'contract for the sale of the land within such prescribed time shall, within 14 days after entering into the contract, pay to the Board the insurance premium referred to in provision (e) of section 58 (1) unless the proper amount calculated as prescribed has already been paid to the Board as insurance premium in respect of the building construction. (2) A person who being required by subsection (1) to pay to the Board an amount of insurance premium fails to pay the amount as prescribed commits an offence against this Act. Penalty: $1 000. 61. Validity of contracts preserved . The validity of a contract shall not be affected by a failure to comply with any provision of section 58, 59 or 60. 62. Presumed house-purchaser ' s agreement on insurance . (1) Whether or not section 58, 59 or 60 is complied with, the Board shall be deemed to have entered into an agreement (called a house-purchaser's agreement) with every purchaser and to have thereby assumed an insurance risk provided for in the following subsections and the prescribed form of house-purchaser's agreement.

House-builders ' Regis'r, wad Flame- owners' Protection A ct 1977, No. 20 197 (2) Every house-purchaser's agreement shall be deemed to be in the prescribed form and to contain provisions-- A. for or with respect to insuring the purchaser against- (a) loss or damage suffered by him by reason of breach of the warranty referred to in section 69 (2), where such breach is due to the bankruptcy of the individual, the winding-up of the body corporate or the dissolution of the firm by whom the building construction referred to in provision (a) of section 58 (1) was or was to be performed; (b) loss or damage suffered by him by reason of breach of the warranty referred to in section 69 (2), where such breach consists of a failure to complete the building construction referred to in provision (a) of section 58 (1) due to a cause other than an event referred to in the preceding provision (a); (c) loss or damage suffered by him by reason of a breach of the warranty referred to in section 69 (2), where such breach consists of defects in the dwelling-house that comprises or contains the building construction, which defects first become apparent after the completion of the building construction; (d) loss or damage suffered by him by reason of subsidence or settlement (other than by earthquake) of the foundations of the dwelling house and by reason of defects arising from such subsidence or settlement in the dwelling-house. whether or not such subsidence or settlement is due to a breach of the warranty referred to in section 69 (2); and (e) such other risks as are specified in the prescribed form of agreement, subject to such conditions as are specified therein; B. providing the insurance cover specified in paragraph A subject to the following qualifications!- (a) in relation to the loss or damage referred to in provision-^a) or (b) thereof, only if notice in writing of the breach of warranty is received by the Board from the purchaser within two years from the date of the contract for performance of the building construction; (b) in relation to the loss or damage referred to in provision (c) thereof- (i) where the loss or damage is suffered by reason of a defect in the dwelling-house to which the cover relates that is a major defect other than a defect of which the purchaser should, on reasonable grounds, have become aware before the expiration of six months from the date of completion of the building construction, only if the defect becomes apparent to the purchaser before the expiration of six years from the date of completion of the building construction and if notice in writing of the defect is received by the Board from the purchaser within three months after he becomes aware of the defect; (ii) where the loss or damage is suffered by reason of a defect in the dwelling-house to which the cover relates that is Cher than a major defect or that 1,, a major defect of which the purchaser should, on reasonable grounds, have become aware before the expiration of six months from the date of completion of tile building construction, only if the defect becomes apparent to the purchaser before the expiration of six months from tite date of :ontplction of

198 House -builders' Regis' n and Home-owners" Protection Act 1977, .Vo. 20 the building construction and if the notice in writing of the defect is received by the Board from the purchaser within one month after lie becomes aware of the defect; and C. with respect to reference to arbitration of any dispute between the Board and a purchaser arising out of the agreement. (3) The form prescribed as a house-purchaser's agreement may contain provisions- (a) that specify in relation to any dwelling-house or any class of individual, body corporate or firm performing building construction the maximum liability of the Board under all or any of the provisions of the agreement; (b) that differentiate between major defects and other defects in a dwelling-house as respects the maximum liability of the Board and the period of notice of breach of warranty or of loss or damage to be given to the Board under the agreement; and (c) for excluding liability in the Board as respects such risks and to such extent as are specified in the agreement. (4) A reference " defects " in subsection (2) includes a reference to defects in the provision made in, a dwelling-house for lighting, Keating, cooling, ventilation, air-conditioning, water supply, drainage, sewerage and other appurtenances of a dwelling-house. 63. Recovery of payments made under house-purchaser ' s agreement. If the Board pays any amount pursuant to its obligations under a house-purchaser's agreement on account of a breach of the warranty referred to in section 69 (2)- (a) that amount shall be deemed to be a debt due and owing to the Board by the individual, body corporate or firm who performed the building construction with which the insurance risk assumed by the Board under the house-purchaser's agreement is concerned; and (b) the Board is thereby subrogated to the rights had by the purchaser with whom the house-purchaser's agreement is deemed to have been made against such individual, body corporate or firm on account of the loss or damage made good by the payment by the Board. 64. Underwriting contracts . With the approval of the Governor in Council and subject to such conditions as he specifies, the Board may make such arrangements and contracts as it considers proper for underwriting the Board's obligations assumed under a house-purchaser's agreement. An instrument evidencing any arrangement- or contract made by. the Board under this section shall be exempt from stamp duty under he Stamp Act1894-1975. 65. Board's power to determine date of contract etc. (1) Where the Board is of opinion that for the proper administration of this _Net it is desirable that the Board should determine-- (a) the (Lite of entering into a contract referred to in pro,ision (a) ofsection 58 (1); or

house-builders' Regis'r, and ^c.-s'.Pr oteciion Ar.1 1977, iy'o. 20 19=> (b) the date of completion of any building construction referred to in provision (b) of section 58 (1), the Board may determine such date, subject to this section. (2) Where notice referred to in provision (c) of section 58 (1) in relation to a contract has been served on the Board and shows as the date of the contract a date which the Board suspects for good reason is not correct, the Board shall determine the date under subsection (1) within one month of service of the notice on it. (3) Where notice referred to in provision (c) of section 58 (1) in relation to completion of building construction has been served on the Board and shows a date as the date of the completion- (a) if the Board accepts that the building construction has been completed satisfactorily but suspects for good reason that the date so shown is not correct, the Board shall determine the date under subsection (1) within one month of service of the notice on it; (b) if the Board does not accept that the building construction has been completed satisfactorily, the Board shall determine the date under subsection (1) as soon as practicable after the building construction has been completed satisfactorily in its opinion. 66. Date of contract etc. and of completion of construction. For the purposes of this Act- (a) the date of entering into a contract referred to in provision (a) of section 58 (1) is- (i) where such date has not been determined by the Board under section 65 (1), the date shown on the notice referred to in provision (c) of section 58 (1) served on the Board in relation to the contract; (ii) where such date has been determined by the Board under section 65 (1), the date so determined; (b) the date of completion of building construction referred to in provision (b) of section 58 (1) is- (i) where such date has not been determined by the Board under section 65 (1), the date shown on the notice referred to in provision (c) of section 58 (1) served on the Board in relation to the building construction; (ii) where such date has been determined by the Board under section 65 (1), the date so determined. 67. Board ' s certificate as to existence of insurance cover. (1) Upon application by any person to the Board in the form provided by the Board and -upon payment of the prescribed fee the Board shall issue to the applicant its certificate stating- (a) whether or not a house-purchaser's agreement is, pursuant to this Act, deemed to have been entered into by the Board in relation to- (i) building construction specified in the application that is to be performed; or (ii) building construction specified in the application that comprises or is contained in a dwelling-house specified in the application; and

200 House -builders' Regis'n and Home-owners ' Protection Act 1977, No. 20 (b) if such an agreement is deemed to have been entered into, the date of the contract as established in accordance with paragraph (a) of section 66 or, as the case may require, the date of completion as established in accordance with paragraph (b) of that section in relation to the building construction. (2) A document purporting to be a certificate of the Board under subsection (1) that states that a house-purchaser's agreement is deemed to have been entered into by the Board in relation to building construction specified in the certificate shall be admissible in proceedings against the Board as conclusive evidence for the person to whom the certificate was issued of the matters contained therein. 68. Building contracts to be in writing . A contract under which a registered house-builder undertakes to perform by himself or by others building construction shall not be enforceable against the party thereto for whom the construction is to be performed unless- (a) the contract is in writing signed by the party who is to perform the building construction and by the party for whom the building construction is to be performed; and (b) the contract sufficiently describes the building construction to which it relates. 69. Presumed warranty in building contracts . (1) In this section- (a) the expression " building contract " means a contract under which a registered house-builder undertakes to perform by himself or by others building construction; and (b) the expression " contract for sale of land " means the contract made in respect of the first sale of the land concerned after the commencement of the building construction that comprises or is contained in the dwelling-house on the land. (2) A building contract and a contract for sale of land on which is a dwelling-house that comprises or contains building construction commenced and performed after the commencement of this Act by a registered house-builder shall be deemed to contain- (a) in the case of a building contract, a warranty on the part of the registered house-builder; or (b) in the case of a contract for sale of land, a warranty on the part of the vendor that the building construction will be or, as the case may be, has been performed in a proper and workmanlike manner and with proper materials and in accordance with- (c) in the case of a building contract, (i) the terms of the contract; (ii) the plans and specifications (if any) approved by a Local Authority in respect of the building construction and any conditions subject to which the approval was given; and (iii) the requirements prescribed by or under any Act that applies in relation to the building construction or to building construction of that type; or (d) in the case of a contract for sale of land, the requirements prescribed by or under any Act that applies in relation to the building construction or to building construction of that type.

House-builders' Regis'n and Home-owners' Protection Act 1977, No. 20 201 (3) A warranty referred to in subsection (2)- (a) shall be deemed to be given for valuable consideration provided by each person for whose benefit the warranty is, by this subsection, to be deemed to have been given; (b) shall be deemed to be given for the benefit of the party to the contract for whom the building construction is performed or, as the case may be, to whom the land is sold and, in addition, for the benefit of each subsequent purchaser of or successor in title to the building construction or land; (c) shall be deemed to relate to the provision of lighting, heating, cooling, ventilation, air-conditioning, water supply, drainage, sewerage and other appurtenances of a dwelling-house in association with the performance of building construction; and (d) may be the basis of any action or proceedings brought by any person for whose benefit the warranty is, by this subsection, to be deemed to have been given as if he were a party to the contract deemed to contain the warranty. (4) If in respect of any building construction a Local Authority has issued a certificate for the purposes of any Act- (a) that the building construction has been performed in accordance with plans and specifications approved by that authority or in accordance with conditions to which its approval is subject; or (b) that the building construction has been performed in accordance with the requirements prescribed by or under any Act that applies in relation to the building construction or to building construction of that type, it shall be deemed, for the purposes of this Act, that the building construction has been so performed. (5) This section shall have effect notwithstanding anything provided in the building contract or the contract for sale of land. 70. Restriction on extent of insurance cover and warranty. Notwithstanding any other provision of this Act the insurance cover provided by a house-purchaser's agreement referred to in section 62 and the warranty provided for in section 69 shall be taken to exist only in respect of building construction performed by a registered house-builder. PART VI-MISCELLANEOUS PROVISIONS 71. Fraudulent acts in relation to Register . A person who- (a) secures or attempts to secure, for himself or for another, registration or a certificate under this Act by means of a declaration, certificate or representation (written or oral) that he knows to be false or misleading in a material particular; or (h) wilfully makes or causes to be made a falsification in the Register or in a matter relating to the Register, commits an offence against this Act. Penalty: $1000 or imprisonment for three months.

202 }Huse - buiidcrs ' !,,eg^is ' n and Iion : e-owner ' Protection Act 1977, No. 20 72. Obstruction of Board' s agents . A person who assaults, resists, obstructs or hinders a member of the Board or any other person who, pursuant to this Act or an authority in writing conferred on him. by the Chairman of the Board, is performing a unction or duty or is exercising a power for the purposes of this Act, or is endeavouring so to do, commits an offence against this Act. Penalty: $400. 73. Proceedings for offences generally. (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) Proceedings in respect of offences against this Act shall be by way of summary proceeding under the JusticesAct1886-1975 upon the complaint of a person authorized, generally or in a particular case, by the Board in writing. Such proceedings may be commenced within two years after the offence is committed or within twelve months after the commission of the offence comes to the knowledge of the complainant, whichever period is the later to expire. A person who is guilty of an offence against this Act is liable, if a specific penalty is not otherwise prescribed, to a penalty not exceeding $100. 74. Proceedings for recovery of fees . Proceedings for recovery of fees due and payable under this Act shall be by way of summary proceeding under the Justices Act1886-1975 upon the complaint of a person authorized, generally or in a particular case, by the Board in writing. 75. Presumption of authority . In the absence of evidence to the contrary it shall not be necessary to prove the authority of a person to commence proceedings referred to in section 73 or 74. 76. Appropriation of penalty . One moiety of every pecuniary penalty paid by a person on account of his conviction of an offence against this Act shall be paid to the Board. 77. Disciplinary action against house-builders in addition to penalty. The fact that a registered house-builder has incurred a penalty on account of an offence against this Act shall not affect the power of the Board to take disciplinary action against him under section 39. 78. Application of Act to bodies corporate and firms. (1) Where a body corporate commits an offence against this Act every director or member of the board of management, manager, secretary or other officer of the body corporate who authorizes or permits the act or omission that constitutes the offence shall be taken to have committed that offence and to be liable to the penalty prescribed. (2) Where by this Act an,obligation is imposed on a body corporate or a firm it shall he deemed that a like obligation is thereby imposed on every director or member of the board of management of the body corporate or, as the case may be, on every member of the firm:

House-builders' Regis'n and Home-owners' Protection Act 1977. No. 20 203 Provided that where the obligation is to perform building work or to do any other thing such that the person on whom a like obligation is deemed to be imposed is not authorized under this Act to perform or do, the obligation deemed to be imposed on such person shall be to cause the building work 'to be performed or other thing to be done by a person who is authorized under this Act to perform that building work or, as the case may be, do that thing. (3) Where the person who commits an offence against this Act is a firm a prosecution may be brought against the firm in the name in which its business is carried on, service of process being effected by service on one or more of the partners in the firm or, if the firm has a registered business name, on a person at the principal place of business of the firm, and the firm may be convicted in that name and ordered to pay a penalty for its offence. Where a firm is convicted and ordered to pay a penalty pursuant to this subsection each member of the firm shall be liable to pay that penalty and the same may be recovered from such member: Provided that the amount of any penalty shall not be recovered more than once. 79. Right of entry and inspection by Board ' s agents . (1) A member of the Board and any person authorized in writing in that behalf by the Chairman of the Board, at all reasonable hours of daylight, while building work in relation to a dwelling-house or i.n relation to a structure under construction as a dwelling-house is being performed, with the consent of the occupier thereof or, if there is no occupier, of the owner thereof first had and obtained, may enter upon and into the land, structure or dwelling-house in relation to which such building work is being performed and thereon and therein make such inspections and inquiries as he considers necessary to the proper discharge of the Board's functions. (2) Every Local Authority and all employees thereof shall permit any member of the Board and any person authorized in writing in that behalf by the Chairman of the Board- (a) to enter upon the premises of the authority concerned at any time when the premises are open for business; and (b) to examine and make copies of or extracts from all books, documents, papers and records of the authority concerned relating to applications for and the issue by the authority of building permits. 80. Board ' s power to compel disclosure . (1) The Board may by its notice in writing order a person to furnish to it within the time specified in the notice the books, documents, papers and records that are specified in the notice or that belong to a class specified in the notice and that relate to a matter within the jurisdiction of the Board. This subsection does not authorize the Board to order a person to furnish to it plans, specifications or drawings of building construction to which section 48 (1) relates. (2) A person shall not fail without lawful excuse (proof of v.hich shall lie on him) to comply with an order of the Board directed to him. Penalty: 8200.

204 House-builders' Regis'n and Hotne-owners ' Protection Act 1977, No. 20 (3) The Chairman of the Board or, by the consent of a majority of members present at a meeting of the Board, a member of the Board may by writing under his hand- (a) summon a person to attend before the Board at a time and place specified in the summons for the purpose of being examined with respect to a matter within the jurisdiction of the Board and specified in the summons; (b) require a person so summoned to produce at a time and place specified in the summons the books, documents, papers and records that are specified in the summons or that belong to a class specified in the summons. (4) A person who having been summoned under subsection (3) and having been paid or had tendered to him his reasonable expenses- (a) fails without lawful excuse (proof of which shall lie on him) to attend in obedience to the summons; or (b) fails without lawful excuse (proof of which shall lie on him) to produce the books, documents, papers or records required of him, commits an offence against this Act. Penalty : $200. (5) The Board may inspect and make copies of or extracts from any book, document, paper or record produced to it pursuant to a summons and that is relevant to a matter before the Board. 81. Board's power to hold inquiry . The Board may conduct an inquiry for the purpose of investigating any matter arising under this Act or of hearing and determining an allegation made to the Board concerning any matter under this Act and for that purpose shah have all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under The Commissions of Inquiry Acts, 1950 to 1954, save such as are by those Acts confined to a Judge of the Supreme Court. 82. Obstruction of Board's inquiry , etc. (1) A person who- (a) wilfully interrupts the conduct of an inquiry, examination, hearing or meeting being conducted by the Board; or (b) having been summoned as a witness before an inquiry, examination or hearing being conducted by the Board, refuses to be sworn or to affirm or to make a statutory declaration or refuses or fails to answer any question put to him that is relevant to the matter of the inquiry, examination or hearing, commits an offence against this Act. Penalty: $200. (2) Where a person having objected to answering a question put to him is compelled to answer by reason of subsection (I) his answer, if it tends to incriminate him of any offence, shall not be admissible in evidence in any proceedings brought against him in respect of that offence.

House-builders ' Regis'n and Home-owners ' Protection Act 1977, No. 20 205 83. Procedural and evidentiary matters affecting Board's hearings and • other proceedings . (1) At any inquiry, examination or hearing conducted by the Board- (a) evidence may be taken by way of oral testimony or written submission; (b) the Board may adjourn the proceeding from time to time; (c) a barrister or solicitor or a person employed by the Board may appear for the purpose of adducing evidence or of assisting the Board; (d) a person concerning whom the inquiry, examination or hearing is held is entitled to be represented by a barrister or solicitor or a person nominated by him as his agent. (2) A writing purporting to be certified by the Registrar to be a copy of or extract from the Register or any book, document, paper or record held by the Board, the Registrar or any officer of the Board shall upon its production in any proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the original of which it purports to be a copy or extract and shall be admissible to the same extent as the original. (3) A certificate purporting to be under the hand cf the Registrar to the effect that a person named therein is not registered as a house-builder under this Act shall be admissible in all proceedings as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (4) A certificate purporting to be under the hand of the Registrar to the effect that the Board has not received a notice- required to be given under section 48 (1) or 58 (1), (2) or (3) shall be admissible in all proceedings as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (5) In all proceedings before the Board and in all proceedings commenced by or against the Board concerning any matter arising under this Act a writing purporting to be certified by the Clerk of a Local Authority to be a copy of or extract from any book, document, paper or record held by the Local Authority concerned shall upon its production in any proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the original of which it purports to be a copy or extract and shall be admissible to the same extent as the original. 84. Board ' s power to examine on oath. (1) For the purposes of this Act the Board may--- (a) examine a person on oath or affirmation, which may be administered by any member of the Board or the Registrar; '(b) cause the statutory declaration of any person to be taken by any member of the Board or the Registrar. (2) A person who for the purposes of proceedings before the Board- (a) makes a statement or declaration that he knows to be false;

206 1-louse builders' Regis'n and More-o,rners' Protection Act 1977, No. 20 (b) utters or attempts to utter or puts ou t as genuine any degree, diploma , certificate , licence, letter, tesii_ rnonial or other document that he knows to be false, forged or counterfeit, commits an offence against this Act. penalty: $1000 or imprisonment for three months. 85. Mode of service of documents, etc. (1) A document or writing required by this Act to be served on any person by the Board may be served- (a) by delivering it personally to him; (b) by leaving it for him at his place of residence or business last known to the Board with some person who appears to be a resident therein or, as the case may be, ---m employee therein and of or over the age of 16 years; or (c) by sending it by registered post or certified mail service, as provided by the postal regulations for the time being, addressed to him at his place of residence or business last known to the Board. (2) A document purporting to be the Registered Mail Receipt or Certified Mail Receipt issued on. behalf of the Postmaster-General shall be admissible in all proceedings as sufficient proof of service in the mode prescribed by provision (c) of subsection (1). 86. Formal representation of Board. The Board may in its name commence, carry on, prosecute and defend any action or proceeding whatever by the Registrar or a person authorized by the Chairman of the Board and the signatures of the Registrar and the Chairman shah- for the purposes of this Act be judicially noticed. 87. Regulations . The Governor in Council may make regulations not inconsistent with this Act for or with respect to- (a) the appointment and nomination of members of the Board; (b) the meetings and proceedings of the Board including the conduct by the Board of inquiries, examinations and hearings; (c) the fees and allowances payable to members of the board and to members of any committee of the Board; (d) the functions, duties and powers of the Registrar and other persons acting on behalf of the Board; (e) fees to be paid -under and for the purposes of this Act; (f) forms for the purposes of .his Act; 'g) the Register and the manner of its keeping; h) the accounts and records of the Board and the manner of keeping the same; (i) all matters required or permitted by this Act to be prescribed and in respect of which. no other method of prescription is >peci sed; j) all matters. necessary or convenient 'o be prescribed or the proper administration of this Act or for better achieving Elie objects and purposes of this Act.

House-builders ' Regis ' s and Home- ott'nrers' Protection Act 1977, 20 207 PART VII-EFFECT OF ACT ON BUILDERS' REGISTRATION ACT 88. Cessation of application of Builders ' Registration Act. Upon the commencement of Part III the Builders' Registration Act1971-1973 shall be construed-- (a) to have ceased to provide for the registration of persons who seek registration with a view to performing building construction in relation to dwelling-houses only; (b) to have ceased to apply in respect of building construction or in respect of building work in relation to dwelling-houses save such construction or work that was commenced before the commencement of this Part; and (c) to have ceased to apply in respect of any matter or thing within the purview of its provisions to the extent that that matter or thing is provided for by this Act, 89. Property of Builders ' Registration Board to vest in Board. (1) Upon the commencement of this Part and of Part II- (a) all the interest of the Builders' Registration Board of Queensland as lessee or tenant in premises occupied by it for the conduct of its affairs under the Builders' Registration Act1971-1973; and (b) all the interest of the Builders' Registration Board of Queensland in office furniture, equipment and utensils used by the Builders' Registration Board in and about the conduct of its affairs, shall be thereupon divested from that Board and shall vest in the House- Builders' Registration Board of Queensland constituted under this Act. (2) Upon the vesting in the Board of the property specified in subsection (1) all liabilities and obligations had by the Builders' Registration Board of Queensland in relation to the property shall be thereupon assumed by the Board and shall cease to be liabilities or obligations of the Builders' Registration Board of Queensland. 90. Privity of contract deemed . Where property (being a chose in action) or a liability or obligation vested in or assumed by the Board pursuant to section 89 arises by reason of a contract or agreement made between the Builders' Registration Board of Queensland and any person then for the purpose of enforcing by or against the Board such chose in action or liability or obligation it shall be deemed that such contract or agreement was made between the Board and that person. 91. Securing property to Board. The Builders' Registration Board of Queensland shall, as soon as practicable after the commencement of this Part and Part II- (a) surrender to the Board or its agent such documents evidencing ownership of the property specified in section 89 (1) as are in its possession or under its control;

208 , House-builders' Regis'n and Home-owners' Protection Act 1977, No. 20 (b) duly complete all transfers of its interests specified in section 89 (1) and other documents that are required by the Board with a view to the Board's being recorded in any registry in respect of those interests; (c) do all such acts and take all such steps as are required by the Board with a view to securing to the Board the property specified in section 89 (1). 92. Transfer of tenancy deemed to conform with conditions of tenancy. It shall be deemed that the transfer of the interest of the Builders' Registration Board of Queensland as lessee or tenant. in premises occupied by it for the conduct of its affairs and delivery up of those premises to the Board are in conformity with the conditions of the instrument of lease or tenancy agreement that relates to those premises and, in particular, that the lessor has consented to such transfer and delivery and has accepted the Board as lessee or tenant in place of the Builders' Registration Board of Queensland. 93. Preservation of pre-existing claims. A transfer of property or of a liability or obligation pursuant to section 89 shall not prejudice the making or enforcement by the Builders' Registration Board of Queensland against any person or by any person against that board of any claim liquidated or unliquidated that arose or was made before the commencement of this Part and of Part II. 94. Funds of Builders' Registration Board to be held in trust. (1) Upon the commencement of this Part and of Part II the funds of the Builders' Registration Board of Queensland as at the date of such commencement together with all investments that represent those funds as at that date shall be held by that board as trustee- (a) as to nine-tenths part thereof upon trust for the House-builders' Registration Board of Queensland; and (b) as to one-tenth part thereof upon trust for itself, the Builders' Registration Board of Queensland. (2) Upon and in accordance with the direction in writing of the Minister the Builders' Registration Board of Queensland- (a) shall pay into the funds of the House-builders' Registration Board of Queensland moneys held by it upon trust for the Board ; and (b) shall transfer and assign into the name of the House-builders' Registration Board of Queensland such of the investments of the Builders' Registration Board of Queensland as are not converted into money to the extent that they are held by it upon trust for the Board. (3) For the purpose of giving effect to paragraph (b) of subsection (2) the Board and the Builders' Registration Board of Queensland may agree on the investments to be transferred into the name of the Board and in that event they shall furnish notification of the particulars of the

House-builders ' Regis'n and Home-owners ' Protection Act 1977, No. 20 209 agreement to the Minister but in the absence of such agreement the Minister may determine the investments and the extent thereof that should be transferred and his determination shall be binding on both the Board and the Builders' Registration Board of Queensland. (4) For the purpose of giving effect to paragraph (b) of subsection (2) the value of investments of the Builders' Registration Board of Queensland shall be assessed on the current market value in Brisbane of those investments- (a) in the case of agreement between that board and the Board as referred to in subsection (3), at the date the agreement is made; (b) in the case of the Minister's determination as referred to in subsection (3), at the date the determination is made. 95. Powers of Builders ' Registration Board to continue or dispose of investments . (1) For as long as the trust prescribed by section 94 continues the Builders' Registration Board of Queensland may continue its investments in the form in which they are at the commencement of this Part, notwithstanding that the same may not be authorized investments within the meaning of the Trusts Act1973, and may convert any of such investments into money as if that board were the absolute owner of the investments. (2) The Builders' Registration Board of Queensland shall not be liable on account of any loss that occurs to the Board by reason of the exercise of a power conferred by subsection (1). 96. Termination of s. 94 trust . Upon the Builders' Registration Board of Queensland complying with the Minister's direction given pursuant to section 94 (2) the trust prescribed by section 94 (1) shall thereupon terminate. 97. Prescribed enactments inapplicable to dealings under this Part. No stamp duty or other fees shall be chargeable on the following documents:- (a) a notification evidencing an agreement between the Board and the Builders' Registration Board of Queensland referred to in section 94 (3); (b) an instrument made to evidence the passing of any property pursuant to any provision of this Part; (c) an instrument made in connexion with the transfer of any liability or obligation pursuant to any provision of this Part. 98. Builders ' Registration Board may use premises of Board. The Builders' Registration Board of Queensland is entitled to the use free of charge of the premises, office furniture, equipment and utensils referred

210 J i cusc- builders ' negis'n and UUome- oii n ers ' Protect ion Act 1977, No. 20 to in section 89 (1) to such extent and at such times as are agreed between ht and the Board for the purpose of conducting its affairs under the Builders'Registration Act1971-1973 or in the absence of such agreement as are determined by the Minister. 99. Existing staff to become Board emplo yees. (1) Upon the commencement of this Part and Part 11- (a) the person who then is Registrar for the purposes of the Builders' Registration Act1971-1973 shall continue to be such Registrar but thereupon- (i) shall cease to be employed by the Builders' Registration Board of Queensland; and (ii) shall be employed by the Board as Registrar for the purposes of this Act; (b) all other persons then employed by the Builders' Registration Board of Queensland for the purpose of conducting its affairs ender the Builders' Registration Act1971-1973- (i) shall thereupon cease to be employed by that board; and (ii) shall continue in their respective appointments as employees of the Board. (2) All persons who pursuant to subsection (1) becomes employees of the Board shall he deemed to have been appointed to their respective appointments by the Board under section 15 and to hold those appointments subject to that section. 100. En titlements of employees of Board pursuant to s. 99 (1). (1) Any person who pursuant to section 99 (1) becomes an employee of the Board shall, while he remains such employee, retain and may claim against the Board it respect of all entitlements as respects leave which have accrued or are accruing to him at the time when he ceases to be an employee of the Builders' Registration Board of Queensland and for .his purpose his service as-an employee of that board and as an employee of the Board shall be deemed to be continuous service as an employee of the Board. (2) if a person who pursuant to section 99 (1) becomes an employee of the Board was, immediately prior to his becoming such an employee, a contributor to any superannuation scheme or provident fund established by the Builders' Registration Board of Queensland he shall, While he remains such employee, be entitled to continue to contribute to such scheme or fund and the Board shall, in place of the Builders' Registration Board of Queensland, make such payments by --xay of contribution or subsidy as are by the provisions of such scheme or fund required to be made by that board. 19i. Board ' s employees to serve Builders ' Registration Board. The Board shall require and permit its employees to perform such services for the Builders' Registration Board of Queensland as are sought by that board and are directed towards the proper conduct of that board's affairs under the Builders' Registration Act1971--1973.

House-builders ' Regis' n and Home- owners' Protection Act 1977 , No. 20 211 102. Effect of this Part on s. 14 of Act of 1971 No. 75. Upon the commencement of this Part and of Part II- (a) it shall not be competent to the Builders' Registration Board of Queensland to exercise the power conferred on it by section 14 (1) of the Builders' Registration Act1971-1973; and (b) the provisions of section 14 (2) of that Act shall not apply in relation to the registrar and any other officer who pursuant to section 99 (1) becomes an employee of the Board.