Plumbing and Drainage Act 2002 (Qld)

Plumbing and Drainage Act 2002

An Act about plumbing and drainage, the licensing of plumbers and drainers, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Plumbing and Drainage Act 2002.

2   Commencement

This Act, other than part 15, commences on a day to be fixed by proclamation.

3   Definitions

The dictionary in the schedule defines particular words used in this Act.

4   Act binds all persons

This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States.

Part 2    Role of QBCC—plumbing and drainage

Division 1 Establishment, functions and powers of the council

5   Establishment

The Service Trades Council is established.

Note—

Under the QBCC Act, section 6(c), the Service Trades Council constitutes part of QBCC.

6   Functions

The council has the following functions—

(a)conferring on national policy development and implementation for the trade;

(b)reporting to the Minister on—

(i)any issue relating to the trade the Minister refers to it; or

(ii)any issue relating to the trade the council considers the Minister should know about;

(c)making recommendations to the QBCC commissioner about the performance of the commissioner’s functions under the Act;

(d)establishing a panel of the council to assist the QBCC commissioner to effectively and efficiently perform the commissioner’s functions under part 3, divisions 1 to 6;

(e)establishing other panels to assist the council to effectively and efficiently perform its functions;

(f)reviewing decisions of the QBCC commissioner made under section 68;

Note—

The council reviews decisions under the QBCC Act, section 86C as an internal reviewer.

(g)performing other functions relating to the trade given to the council under an Act.

7   Powers

(1)The council has the power to do all things reasonably necessary to be done for performing its functions.

(2)Without limiting subsection (1), the council has the powers given to it under an Act.

Division 2 Membership of the council

8   Appointment of members

(1)The council consists of members appointed by the Governor in Council.

(2)The Governor in Council decides the number of members.

(3)However, the membership must consist of at least the following—

(a)the assistant commissioner as a representative of the QBCC;

(b)at least 1 representative of each of the following entities—

(i)the Air Conditioning and Mechanical Contractors Assoc of Qld Ltd;

(ii)the Communications, Electrical and Plumbing Union, Plumbing Division, Queensland Branch;

(iii)the department in which this Act is administered;

(iv)the department in which the Further Education and Training Act 2014 is administered;

(v)the department in which the Public Health Act 2005 is administered;

(vi)the Institute of Plumbing Inspectors Qld Inc;

(vii)the Local Government Association of Queensland Ltd;

(viii)the Master Plumbers’ Association of Queensland;

(ix)the National Fire Industry Association Queensland Inc;

(c)an individual nominated as a representative of consumers by the department in which the Fair Trading Act 1989 is administered.

9   Appointment of deputy members

(1)The Governor in Council may appoint a person (a deputy member) to act for a member in the member’s absence.

(2)In appointing a deputy member to act for a member mentioned in section 8(3), the Governor in Council must appoint a person who represents the entity or interest that the member represents.

(3)In acting for a member, a deputy member has the same duties, powers, protection and rights as the member but can not be appointed as chairperson or deputy chairperson.

(4)If a member becomes disqualified from continuing as a member, a deputy member may continue to act for the member under this section, as if the member had not been disqualified, until a replacement member is appointed.

10   Appointment of temporary members

(1)The Minister may appoint a person (a temporary member) to act for a member while the member is absent on approved leave under section 18 if—

(a)there is no deputy member for the member; or

(b)there is a deputy member for the member but the deputy member is unable to act in the member’s office during the leave of absence.

(2)In appointing a temporary member to act for a member mentioned in section 8(3), the Minister must appoint a person who represents the entity or interest that the member represents.

(3)A temporary member has the same duties, powers, protection and rights, other than for sections 14 and 15, as the member during the member’s leave of absence.

11   Disqualification as member, deputy member or temporary member

(1)A person is disqualified from becoming, or continuing as, a member, deputy member or temporary member if the person—

(a)has a recorded conviction, other than a spent conviction, for an indictable offence; or

(b)is, or has been, convicted of an offence against this Act; or

(c)is an insolvent under administration within the meaning of the Corporations Act, section 9; or

(d)is disqualified from managing corporations under the Corporations Act, part 2D.6.

(2)Also, a person can not become a member, deputy member or temporary member if the person does not consent to the chief executive requesting a report and other information about the person’s criminal history (if any) under section 19.

(3)In this section—

recorded conviction, for an indictable offence, does not include a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, if a conviction for the offence is not recorded.

12   Conditions of appointment

(1)A member or deputy member is to be paid the remuneration and allowances decided by the Governor in Council.

(2)For matters not provided for by this Act, a member or deputy member holds office on the conditions decided by the Governor in Council.

13   Term of appointment

(1)A member or deputy member is appointed for the term, of no more than 4 years, stated in the member’s or deputy member’s instrument of appointment.

(2)However, a person’s appointment as a member or deputy member ends if, during the term of the appointment, the person becomes disqualified under section 11.

14   Chairperson

(1)The Governor in Council must appoint a member as the chairperson of the council.

(2)A person may be appointed as the chairperson when the person is appointed as a member.

(3)The chairperson holds office for the term, ending no later than the person’s term of appointment as a member, stated in the person’s instrument of appointment as chairperson.

(4)However, a person’s appointment as chairperson ends if, during the term of appointment, the person stops being a member.

15   Deputy chairperson

(1)The Governor in Council must appoint a member, other than the chairperson, as the deputy chairperson of the council.

(2)A person may be appointed as the deputy chairperson when the person is appointed as a member.

(3)The deputy chairperson holds office for the term, ending no later than the person’s term of appointment as a member, stated in the person’s instrument of appointment as deputy chairperson.

(4)However, a person’s appointment as deputy chairperson ends if, during the term of the appointment, the person stops being a member.

(5)The deputy chairperson must act as chairperson—

(a)during a vacancy in the office of chairperson; and

(b)during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.

16   Resignation

(1)A member, deputy member or temporary member may resign by signed notice given to the Minister.

(2)Also, a member may resign from the office of chairperson or deputy chairperson by signed notice given to the Minister.

(3)The resignation takes effect—

(a)on the day the notice is given; or

(b)if a later day is stated in the notice—on the later day.

(4)A member who resigns from the office of chairperson or deputy chairperson may continue to be a member.

17   Vacation of office

(1)The office of a member, deputy member or temporary member becomes vacant if the member, deputy member or temporary member—

(a)dies; or

(b)is disqualified under section 11; or

(c)resigns under section 16.

(2)Also, the office of a member becomes vacant if—

(a)the member is absent from 3 consecutive council meetings of which appropriate notice has been given; and

(b)the member does not have the council’s permission to be absent or approved leave of absence under section 18.

18   Leave of absence for members

(1)The Minister may approve leave of absence of 3 or more meetings for a member.

(2)If the deputy chairperson is absent on approved leave under subsection (1), the Minister may appoint another member to act in the deputy chairperson’s office while the deputy chairperson is absent on approved leave.

19   Chief executive’s power to obtain criminal history

(1)To help decide whether a person is a suitable person to be appointed as a member, deputy member or temporary member, the chief executive may, with the person’s written consent, ask the police commissioner for—

(a)a written report about the person’s criminal history (if any); and

(b)a brief description of the circumstances of a conviction mentioned in the report.

Note—

Under section 11(2), a person can not become a member, deputy member or temporary member if consent for this section is not given.

(2)If the chief executive makes a request under subsection (1), the police commissioner must comply with the request.

(3)The duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.

(4)The chief executive must retrieve and destroy any information received under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.

20   Changes in criminal history must be disclosed

(1)If there is a change in the criminal history of a person who is a member, deputy member or temporary member, the person must immediately give written notice of the change to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)The notice must include the following information—

(a)the existence of the conviction;

(b)when the offence was committed;

(c)details adequate to identify the offence;

(d)the sentence imposed, if any, on the person.

(3)If the person does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires one.

(4)The chief executive must retrieve and destroy any information received under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.

21   Criminal history is confidential

(1)A person must not, directly or indirectly, disclose any information received under section 19 or 20 to anyone else unless the disclosure is permitted under subsection (2).

Maximum penalty—100 penalty units.

(2)The person may make the disclosure to someone else—

(a)to the extent necessary to perform the person’s functions under this Act; or

(b)for the purpose of the other person performing a function under this Act; or

(c)if the disclosure is authorised under an Act; or

(d)if the disclosure is otherwise required or permitted by law; or

(e)if the person to whom the information relates consents to the disclosure.

Division 3 Business of the council

22   References to members

In this division, a reference to a member includes a reference to a deputy member or temporary member acting for a member while the member is absent.

23   Conduct of business

Subject to this division, the council may conduct its business, including its meetings, in the way it considers appropriate.

24   Times and places of meetings

(1)The chairperson decides the times and places for meetings of the council.

(2)However, the chairperson must call a meeting if—

(a)the Minister or at least 4 members ask the chairperson in writing to call a meeting; or

(b)the assistant commissioner gives the chairperson written notice about an internal review application.

(3)If the chairperson receives a notice mentioned in subsection (2)(b), the meeting must be held at least 5 but no more than 14 business days after the chairperson receives the notice.

(4)Notice of when and where a meeting of the council must be held, and of the business for the meeting, must be given by the assistant commissioner to each member at least 5 business days before the day for the meeting.

(5)In this section—

internal review application means an application to be decided by the council as an internal reviewer under the QBCC Act, section 86C.

25   Quorum

A quorum for a meeting of the council is 4 members.

26   Presiding at meetings

(1)The chairperson must preside at all meetings of the council at which the chairperson is present.

(2)If the chairperson is absent from a meeting, but the deputy chairperson is present, the deputy chairperson must preside.

(3)If the chairperson and deputy chairperson are both absent from a meeting or the offices are vacant, a member chosen by the members present must preside.

27   Conduct of meetings

(1)A question at a meeting of the council is decided by a majority of the votes of members present at the meeting.

(2)Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.

(3)A member who is present at a meeting who abstains from voting is taken to have voted for the negative.

(4)A meeting may be held by using any technology that reasonably allows members to hear and take part in discussions as they happen.

Example of use of technology—

teleconferencing

(5)A member who takes part in a meeting under subsection (4) is taken to be present at the meeting.

(6)A resolution is validly made by the council, even if it is not passed at a meeting, if—

(a)notice of the resolution is given under procedures approved by the council; and

(b)a majority of the members gives written agreement to the resolution.

28   Minutes

(1)The council must keep—

(a)minutes of its meetings; and

(b)a record of its resolutions made under section 27(6).

(2)Subsection (3) applies if a resolution is passed at a meeting.

(3)If asked by a member who voted against the passing of the resolution, the council must record in the minutes of the meeting that the member voted against the resolution.

29   Establishing panels

(1)The council must establish a panel of the council to assist the QBCC commissioner to effectively and efficiently perform the commissioner’s functions under part 3, divisions 1 to 6.

(2)Without limiting subsection (1), the functions of a panel established under that subsection include—

(a)advising and making recommendations to the QBCC commissioner about any matter about the performance of the commissioner’s functions under part 3, divisions 1 to 6 that the commissioner refers to the panel; and

(b)performing functions and exercising powers that the council delegates to the panel.

(3)The council may establish other panels to assist the council to effectively and efficiently perform its functions.

(4)Without limiting subsection (3), the functions of a panel established under that subsection include—

(a)advising and making recommendations to the council about any matter about the performance of the functions of the panel that the council refers to the panel; and

(b)performing functions and exercising powers that the council delegates to the panel.

29A   [Repealed]

30   Panel members and other matters about panels

(1)The council may appoint any person, including a person who is not a member, to a panel established under section 29.

(2)A panel member is to be paid the fees and allowances decided by the Governor in Council.

(3)The council must decide the terms of reference of a panel.

(4)The council may decide matters about a panel that are not provided for under this Act, including, for example, the way a panel must conduct meetings.

(5)A panel must keep a record of the decisions it makes when performing a function or exercising a power delegated to it by the council.

31   Disclosure of interests

(1)This section applies to a member or panel member (the interested person) if—

(a)the interested person has an interest in an issue being considered, or about to be considered, by the council or a panel; and

(b)the interest conflicts or may conflict with the proper performance of the interested person’s duties about the consideration of the issue.

(2)After the relevant facts come to the interested person’s knowledge, the interested person must disclose the nature of the interest to a meeting of the council or panel.

(3)The interested person must not be present when the council or panel considers the issue, unless the council or panel otherwise directs.

(4)The interested person must not take part in a decision of the council or panel about the issue, unless the council or panel otherwise directs.

(5)The interested person must not be present when the council or panel is considering whether to give a direction under subsection (3) or (4).

(6)If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not—

(a)be present when the council or panel is considering whether to give a direction under subsection (3) or (4); or

(b)take part in making the decision about giving the direction.

(7)Subsection (8) applies if—

(a)because of this section, the interested person is not present at a council or panel meeting for considering or deciding an issue or deciding whether to give a direction under subsection (3) or (4); and

(b)there would be a quorum if the interested person were present.

(8)The remaining members or panel members present are a quorum of the council or panel for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.

(9)A person who represents an entity under section 8(3)(b) is not an interested person at a meeting of the council or panel only because the meeting is about another person who is a member of, or associated with, the entity.

(10)The disclosure under subsection (2) must be recorded in the council’s minutes or panel’s record of decisions.

Division 4 Role of QBCC commissioner

32   Plumbing and drainage functions performed by the QBCC commissioner

The functions of the QBCC commissioner for the trade include the following—

(a)administering the licensing system under part 3;

(b)monitoring the operation of the licensing system and, if necessary, recommending changes;

(c)promoting acceptable standards of competence for the trade;

(d)receiving and investigating complaints about work for which a licence is required;

(e)approving audit programs and auditing licensees to monitor and enforce compliance with part 4;

(f)performing any other functions given to the QBCC commissioner under this Act or the QBCC Act.

Note—

For powers of the QBCC commissioner, see the QBCC Act, section 20J(3).

Division 5 The assistant commissioner

32A   Appointment of assistant commissioner

(1)The QBCC commissioner must appoint an assistant commissioner.

(2)The assistant commissioner must be employed under the QBCC Act, section 29F.

32B   Role, functions and powers of the assistant commissioner

(1)The assistant commissioner is responsible for the following—

(a)helping the council perform its functions;

(b)performing a function given to the assistant commissioner under an Act.

(2)The assistant commissioner has all the powers necessary for carrying out the assistant commissioner’s responsibilities and performing any function the assistant commissioner is authorised by this Act to carry out.

32C   Reports to the council

(1)The chairperson or 4 members of the council may ask the assistant commissioner to give a report to the council about any of the following—

(a)licensing functions, including details about licences issued by the QBCC commissioner;

(b)disciplinary functions, including any details of the disciplinary action carried out by the QBCC commissioner;

(c)offences under this Act for which the QBCC commissioner or an investigator has served an infringement notice under the State Penalties Enforcement Act 1999;

(d)other functions performed by the QBCC commissioner under this Act.

(2)The assistant commissioner must give the report to the chairperson within a reasonable period.

(3)In this section—

member includes a deputy member or temporary member acting for a member while the member is absent.

32D   Representation of council at QCAT proceedings

(1)This section applies to a proceeding (the QCAT proceeding) before QCAT in relation to an external review application for an internal review decision of the council.

(2)The assistant commissioner may act on behalf of the council in the QCAT proceeding.

(3)In this section—

internal review decision, of the council, means a decision made by the council as an internal reviewer under the QBCC Act, section 86C.

external review application means an application under the QBCC Act, section 87.

33   [Repealed]

Division 6 Investigators appointed by QBCC commissioner

Subdivision 1 Investigators

33A   Appointment

(1)The QBCC commissioner may appoint a relevant officer as an investigator if the commissioner is satisfied the officer is qualified for appointment because the officer has the necessary expertise or experience.

(2)In this section—

employing office see the QBCC Act, section 29A.

relevant officer means—

(a)an employee of the employing office or of another government entity performing work for QBCC under a work performance arrangement; or

(b)an officer or employee of QBCC.

33B   Function

The function of an investigator is to investigate compliance with this Act in relation to licensing.

33C   Appointment conditions and limit on powers

(1)An investigator holds office on any conditions stated in—

(a)the investigator’s instrument of appointment; or

(b)a signed notice given to the investigator; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the investigator or a regulation may limit the investigator’s powers under this Act.

(3)In this section—

signed notice means a notice signed by the QBCC commissioner.

33D   Issue of identity card

(1)The QBCC commissioner must issue an identity card to each investigator.

(2)The identity card must—

(a)contain a recent photo of the investigator; and

(b)contain a copy of the investigator’s signature; and

(c)identify the person as an investigator under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

33E   Production or display of identity card

(1)In exercising a power under this Act in relation to a person, an investigator must—

(a)produce the investigator’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an investigator does not exercise a power in relation to a person only because the investigator has entered a place as mentioned in section 33I(1)(b) or (2).

33F   When investigator ceases to hold office

(1)An investigator ceases to hold office if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the investigator ceases to hold office;

(c)the investigator’s resignation under section 33G takes effect.

(2)Subsection (1) does not limit the ways an investigator may stop holding office.

(3)In this section—

condition of office means a condition on which the investigator holds office.

33G   Resignation

An investigator may resign by signed notice given to the QBCC commissioner.

33H   Return of identity card

A person who ceases to be an investigator must return the person’s identity card to the QBCC commissioner within 21 days after ceasing to be an investigator unless the person has a reasonable excuse.

Maximum penalty—25 penalty units.

Subdivision 2 Entry to places

33I   Power to enter places

(1)An investigator may enter a place if—

(a)its occupier consents to the entry; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)the entry is authorised by a warrant.

(2)For the purpose of asking the occupier of a place for consent to enter, an investigator may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

33J   Entry with consent

(1)This section applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 33I(1)(a).

(2)Before asking for the consent, the investigator must tell the occupier—

(a)the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)the occupier has been told—

(i)the purpose of the entry; and

(ii)that the occupier is not required to consent; and

(b)the purpose of the entry; and

(c)the occupier gives the investigator consent to enter the place and exercise powers under this part; and

(d)the time and date the consent was given.

(5)If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier.

(6)If—

(a)an issue arises in a proceeding about whether the occupier consented to the entry; and

(b)an acknowledgement complying with subsection (4) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

33K   Application for warrant

(1)An investigator may apply to a magistrate for a warrant for a place.

(2)The investigator must prepare a written application that states the grounds on which the warrant is sought.

(3)The written application must be sworn.

(4)The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example for subsection (4)—

The magistrate may require additional information supporting the written application to be given by statutory declaration.

33L   Issue of warrant

(1)The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and

(b)the evidence is at the place or, within the next 7 days, will be at the place.

(2)The warrant must state—

(a)the place to which the warrant applies; and

(b)that a stated investigator may, with necessary and reasonable help and force—

(i)enter the place and any other place necessary for entry to the place; and

(ii)exercise the investigator’s powers under this part; and

(c)particulars of the offence that the magistrate considers appropriate in the circumstances; and

(d)the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and

(e)the hours of the day or night when the place may be entered; and

(f)the magistrate’s name; and

(g)the date and time of the warrant’s issue; and

(h)the date, within 14 days after the warrant’s issue, the warrant ends.

33M   Application by electronic communication and duplicate warrant

(1)An application under section 33K may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the investigator considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the investigator’s remote location.

(2)The application—

(a)may not be made before the investigator prepares the written application under section 33K(2); but

(b)may be made before the written application is sworn.

(3)The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—

(a)it was necessary to make the application under subsection (1); and

(b)the way the application was made under subsection (1) was appropriate.

(4)After the magistrate issues the original warrant—

(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, for example, by sending a copy by fax or email—the magistrate must immediately give a copy of the warrant to the investigator; or

(b)otherwise—

(i)the magistrate must tell the investigator the date and time the warrant is issued and the other terms of the warrant; and

(ii)the investigator must complete a form of warrant, including by writing on it—

(A)the magistrate’s name; and

(B)the date and time the magistrate issued the warrant; and

(C)the other terms of the warrant.

(5)The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant) is a duplicate of, and as effectual as, the original warrant.

(6)The investigator must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with 33K(2) and (3); and

(b)if the investigator completed a form of warrant under subsection (4)(b)—the completed form of warrant.

(7)The magistrate must keep the original warrant and, on receiving the documents under subsection (6)—

(a)attach the documents to the original warrant; and

(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.

(8)Despite subsection (5), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

(b)the original warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(9)This section does limit section 33K.

(10)In this section—

relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.

33N   Defect in relation to a warrant

(1)A warrant is not invalidated by a defect in the warrant or in compliance with section 33K, 33L or 33M unless the defect affects the substance of the warrant in a material particular.

(2)In this section—

warrant includes a duplicate warrant mentioned in section 33M(5).

33O   Warrants—procedure before entry

(1)This section applies if an investigator named in a warrant issued under this part for a place is intending to enter the place under the warrant.

(2)Before entering the place, the investigator must do, or make a reasonable attempt to do, the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the investigator’s identity card, or having the identity card displayed, as mentioned in section 33E(1);

(b)give the person a copy of the warrant;

(c)tell the person the investigator is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the investigator immediate entry to the place without using force.

(3)However, the investigator need not comply with subsection (2) if the investigator believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.

(4)In this section—

warrant includes a duplicate warrant mentioned in section 33M(5).

Subdivision 3 Powers of investigators

33P   General powers of investigator after entering places

(1)This division applies to an investigator who enters a place under section 33I(1).

(2)For performing the investigator’s function under this Act, the investigator may do any of the following—

(a)search any part of the place;

(b)inspect, measure, test, photograph or film any part of the place or anything at the place;

(c)copy, or take an extract from, a document at the place;

(d)take into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under paragraphs (a) to (c).

33Q   Power to require reasonable help or information

(1)The investigator may require the occupier of the place, or a person at the place, to give the investigator, reasonable help or information to exercise a power under section 33P(2).

(2)When making a requirement under subsection (1), the investigator must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.

(3)A person of whom a requirement under subsection (1) has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with it might tend to incriminate the person.

(5)Subsection (4) does not limit what may be a reasonable excuse under subsection (3).

33R   Power to require name and address

(1)This section applies if—

(a)the investigator finds a person committing an offence against this Act; or

(b)the investigator finds a person in circumstances that lead, or has information that leads, the investigator to reasonably believe the person has just committed an offence against this Act.

(2)The investigator may require the person to state the person’s name and residential address.

(3)When making the requirement, the investigator must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.

(4)The investigator may also require the person to give evidence of the correctness of the stated name or required address if, in the circumstances, it would be reasonable to expect the person to—

(a)be in possession of evidence of the correctness of the stated name or address; or

(b)otherwise be able to give the evidence.

33S   Power to require production of documents

(1)The investigator may require a person to make available for inspection by an investigator, or produce to the investigator for inspection, at a reasonable time and place nominated by the investigator, a document given to the person under this Act.

(2)The investigator may ask the person to give the investigator a copy of the document within a reasonable period.

(3)If a request under subsection (2) is not complied with within a reasonable period, the investigator may take the document to copy it.

(4)The investigator must return the document to the person as soon as practicable after copying it.

33T   Failure to state name and address or produce document

(1)A person of whom a requirement under section 33R(2) or 33S(1) has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)It is a reasonable excuse for an individual not to comply with the requirement if complying with it might tend to incriminate the individual.

(3)Subsection (2) does not limit what may be a reasonable excuse under subsection (1).

Subdivision 3A Audit programs and auditing licensees

33TA   Definitions for sdiv 3A

In this subdivision—

approved audit program means an audit program approved by the QBCC commissioner under section 33TB.

employed licensee see section 33TD(1)(c).

relevant person see section 33TD(1)(c).

33TB   Approved audit program

(1)The QBCC commissioner may prepare and approve an audit program under which the commissioner may audit licensees to find out if they have been complying with part 4.

(2)The approved audit program must state all of the following—

(a)the purpose of the program;

(b)when the program starts;

(c)the period over which the program is to be carried out;

(d)criteria for selecting licensees who are to be the subject of audit;

(e)if the licensees to be audited are to be selected from licensees holding licences of a particular class—a description of the class;

(f)how licensees selected for audit under the program will be advised that they have been selected.

(3)The commissioner must ensure a copy of the approved audit program is available for inspection at QBCC’s head office.

Editor’s note—

QBCC’s head office is located at 299 Montague Road, West End, Brisbane.

33TC   Notice of approved audit program

(1)The QBCC commissioner must publish notice of an approved audit program on QBCC’s website.

(2)The notice must be published before the approved audit program starts.

(3)The notice must state all of the following—

(a)the purpose of the approved audit program;

(b)when the program starts;

(c)the period over which the program is to be carried out;

(d)the criteria for selecting licensees who are to be the subject of audit;

(e)if the licensees to be audited are to be selected from licensees holding licences of a particular class—a description of the class;

(f)how licensees selected for audit under the program will be advised that they have been selected;

(g)the obligations to be complied with by licensees selected for audit under the program.

(4)The commissioner must ensure notice of the approved audit program is kept on QBCC’s website during the period over which the program is to be carried out.

33TD   Supply of documents or information

(1)This section applies to each of the following—

(a)a licensee selected to be audited under an approved audit program;

(b)if the QBCC commissioner is satisfied, because of information received by the commissioner, that there are reasonable grounds for concern that a licensee is not, or has not been, complying with part 4—the licensee;

(c)a person (a relevant person) who—

(i)conducts a business for carrying out plumbing work or drainage work; and

(ii)employs a licensee (an employed licensee) to whom paragraph (a) or (b) applies to carry out the work.

(2)The commissioner or an investigator may give written notice to the licensee or relevant person requiring the licensee or person to give the commissioner or investigator copies of, access to, or information about the documents described in the notice.

(3)The notice must describe only the documents the commissioner or investigator reasonably requires to decide whether any of the following are, or have been, complying with part 4—

(a)if the notice is given to a licensee—the licensee;

(b)otherwise—an employed licensee.

Examples of documents for subsection (3)—

invoices, receipts, bookkeeping records and statements from a financial institution

(4)Also, the notice must state that—

(a)the licensee or person must comply with the notice even though complying might tend to incriminate the licensee, person or an employed licensee, or expose the licensee, person or employed licensee to a penalty; and

(b)under section 33TF, there is a limited immunity against the future use of the information or document given in compliance with the notice.

(5)In this section—

employ includes engage on a contract for services or commission, whether or not for reward.

33TE   Offence to contravene notice

(1)A licensee or relevant person who receives a notice under section 33TD must comply with the notice within 10 business days after receiving it, unless the licensee or person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)It is not a reasonable excuse for a licensee or relevant person to fail to comply with the notice on the basis that complying might tend to incriminate the licensee, person or an employed licensee, or expose the licensee, person or employed licensee to a penalty.

33TF   Evidential immunity for licensees and other persons

(1)Subsection (3) applies to a licensee if, under section 33TE—

(a)the licensee gives the QBCC commissioner or an investigator copies of, access to, or information about a document; or

(b)a relevant person gives the commissioner or an investigator copies of, access to, or information about a document relating to the licensee.

(2)Also, subsection (3) applies to a relevant person who is an individual if, under section 33TE, the person gives the commissioner or an investigator copies of, access to, or information about a document.

(3)Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the licensee or relevant person in any proceeding to the extent it tends to incriminate the licensee or person, or expose the licensee or person to a penalty, in the proceeding.

(4)Subsection (3) does not apply to—

(a)a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or

(b)a disciplinary proceeding against the licensee under part 3; or

(c)a proceeding against the licensee for an offence under part 4.

Subdivision 4 Miscellaneous provisions

33U   Notice of damage

(1)This section applies if—

(a)an investigator damages property when exercising or purporting to exercise a power; or

(b)a person (the other person) acting under the direction of an investigator damages property.

(2)The investigator must, as soon as practicable, give written notice of particulars of the damage to a person who appears to the investigator to be an owner of the property.

(3)If the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator’s or other person’s control, the investigator may state the belief in the notice.

(4)If, for any reason, it is impracticable to comply with subsection (2), the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5)This section does not apply to damage the investigator reasonably believes is trivial.

(6)In this section—

owner, of property, includes the person in possession or control of it.

33V   Compensation

(1)A person may claim compensation from QBCC if the person incurs loss or expense because of the exercise or purported exercise of a power under this division.

(2)Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under this division.

(3)Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.

(4)A court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.

33W   Obligation to keep record of notices under s 87

(1)The QBCC commissioner must keep a record of each notice given to it under section 87 until—

(a)if the notice relates to a class 2 to 9 building under the Building Code of Australia—the building is demolished or removed; or

(b)if the notice relates to a class 1 or 10 building under the Building Code of Australia—the earlier of the following—

(i)the building is demolished or removed;

(ii)the day that is 10 years after the notice was received by the commissioner.

(2)The commissioner must, while it is required to keep a record of the notice, give a local government access to the record and allow the local government to copy the record.

Division 7 Other provisions

33X   Fees payable to QBCC

(1)Fees payable under this Act must be paid to QBCC unless a regulation provides otherwise.

(2)The following must be applied toward the administration of this Act, including monitoring and enforcing compliance with this Act—

(a)revenue received under subsection (1);

(b)a monetary penalty recovered for an offence and paid to QBCC.

(3)Funds that are not immediately required for the administration of this Act may be applied to the objects and purposes appearing to the QBCC commissioner to advance the principles, standards or trade of plumbing and drainage.

33Y   Authentication of documents

A document made by the council is sufficiently made if it is signed by the assistant commissioner.

Part 3    Licensing

Division 1 Classes of licences

34   Classes of licences

(1)The QBCC commissioner may issue the following classes of licences—

(a)a plumbers licence;

(b)a drainers licence;

(c)a restricted licence.

(2)Also, the commissioner may issue a provisional licence for any class of licence mentioned in subsection (1).

35   Work that may be performed under licences

(1)The holder of a plumbers licence may only perform plumbing work for which the licence is issued.

(2)The holder of a drainers licence may only perform drainage work for which the licence is issued.

(3)The holder of a restricted licence may only perform work stated in the licence for plumbing, drainage or other work regulated under this Act.

(4)The holder of a provisional licence may only perform plumbing or drainage work for which the licence is issued.

Division 2 Applying for, and issue of, licences

36   Procedural requirements for application

(1)An application for a licence must—

(a)be made to the QBCC commissioner; and

(b)be in the approved form; and

(c)be accompanied by—

(i)satisfactory evidence of relevant practical experience and qualifications; and

(ii)the fee prescribed under a regulation; and

(iii)any other documents, identified in the approved form, the QBCC commissioner reasonably requires; and

(iv)if the applicant is licensed by an interstate or the New Zealand licensing authority, written details of any conditions of the licence.

(2)Information in the application must, if the approved form requires, be verified by a statutory declaration.

37   Entitlement to licence

An individual is entitled to a licence if the QBCC commissioner is, on application by the individual, satisfied the individual—

(a)has the qualifications and practical experience required by regulation for the licence; and

(b)has not had an interstate or New Zealand licence suspended or cancelled.

38   Inquiries into application

(1)Before deciding the application, the QBCC commissioner may—

(a)investigate the applicant, including whether or not the applicant has been convicted of an offence against this Act or the repealed Act; and

(b)by notice given to the applicant, require the applicant to give the commissioner, within a reasonable time of at least 20 business days stated in the notice, further information or a document the commissioner reasonably requires to decide the application; and

(c)by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 20 business days stated in the notice, and at a reasonable place.

(2)The commissioner may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration.

(3)The purpose of an examination under subsection (1)(c) must be to assess the applicant’s ability to competently practise the trade.

(4)The applicant is taken to have withdrawn the application if, within the stated time, the applicant—

(a)does not comply with a requirement under subsection (1)(b); or

(b)does not undergo an examination under subsection (1)(c).

(5)A notice under subsection (1)(b) or (c) must be given to the applicant within 40 business days after the commissioner receives the application.

39   Further consideration of application

(1)This section applies if the QBCC commissioner considers it needs further time to make a decision on the application because of the complexity of the matters that need to be considered in deciding the application.

Example for subsection (1)—

an application requiring the QBCC commissioner to obtain and consider information about the applicant from a foreign licensing authority

(2)The commissioner may at any time before the final consideration day give notice to the applicant that—

(a)because of the complexity of the matters that need to be considered in deciding the application, the commissioner needs further time to decide the application; and

(b)the period within which the commissioner must decide the application is extended to a day (the extended day) that is 40 business days after the final consideration day.

(3)Also, the applicant and commissioner may at any time before the final consideration day agree in writing on a day (the agreed extended day) by which the application must be decided.

(4)The commissioner is taken to have decided to refuse to license the applicant if it does not decide the application by—

(a)if subsection (2) applies—the extended day; or

(b)if subsection (3) applies—the agreed extended day; or

(c)if both subsections (2) and (3) apply—the later of the extended day or agreed extended day.

(5)In this section—

final consideration day means the later of the following days—

(a)the day that is 40 business days after receipt of the application;

(b)if the commissioner has, under section 38(1)(b), required the applicant to give the commissioner further information or a document—the day that is 40 business days after the commissioner receives the further information or document.

40   Decision on application for licence

(1)The QBCC commissioner must consider the application and decide to—

(a)license the applicant; or

(b)provisionally license the applicant for the class of licence applied for; or

(c)refuse to license the applicant.

(2)The commissioner may act under subsection (1)(b) only if—

(a)the applicant has not had an interstate or New Zealand licence suspended or cancelled; and

(b)at least 1 of the following applies—

(i)the commissioner reasonably considers the applicant needs more practical experience before being licensed;

(ii)the commissioner reasonably considers the applicant does not have the qualifications required under section 37(a), but does have enough practical experience to be able to perform work under the provisional licence;

(iii)the commissioner reasonably considers the applicant holds a relevant corresponding licence;

(iv)the commissioner reasonably considers the applicant has the qualifications and experience required under section 37(a), but evidence of them has not been given to the commissioner.

(3)However, subsection (2)(a) does not apply if the applicant holds an interstate or New Zealand licence that is in force.

(4)In this section—

relevant corresponding licence means any of the following—

(a)an interstate or New Zealand licence;

(b)a licence, however called, issued in another country, that allows the applicant to perform part of the work to which the licence application relates.

41   Imposing conditions on licence

(1)The QBCC commissioner may issue a licence, including a provisional licence, on conditions the commissioner considers necessary or desirable for the licensee to competently practise the trade.

(2)The commissioner must not record details of the conditions in the register unless it reasonably believes it is in the interests of users of the licensee’s services or the public to know the details.

42   Steps to be taken after application decided

(1)If the QBCC commissioner decides to license the applicant, including a provisional licence, it must as soon as practicable issue the appropriate licence to the applicant.

(2)If the commissioner issues a licence with conditions, or issues a provisional licence instead of the licence applied for or refuses to license the applicant, it must as soon as practicable give the applicant an information notice about the conditions, provisional licence or refusal.

Note—

For reviews of the decision, see the QBCC Act, part 7, division 3.

(3)If the commissioner refuses to license the applicant or the applicant withdraws the application, the commissioner must refund to the applicant the application fee paid, less the amount of the cost to the commissioner of processing the application.

43   Failure to decide application

(1)Subject to subsections (2) and (3), if the QBCC commissioner fails to decide the application within 40 business days after its receipt, the failure is taken to be a decision by the commissioner to refuse to license the applicant.

(2)Subsection (3) applies if the commissioner has—

(a)under section 38(1)(b), required the applicant to give the commissioner further information or a document; or

(b)under section 38(1)(c), required the applicant to undergo an examination.

(3)The commissioner is taken to have decided to refuse to license the applicant if it fails to decide the application by the later of the following days—

(a)the day that is 40 business days after the commissioner receives the further information or document;

(b)the day that is 40 business days after the commissioner receives the results of the examination.

(4)This section is subject to section 39.

44   Form of licence

(1)A licence must be in the approved form.

(2)The approved form must provide for—

(a)the licensee’s name and address; and

(b)the expiry date of the licence; and

(c)the licence number; and

(d)the licence class; and

(e)any conditions attached to the licence.

45   Duration of licence

(1)A licence remains in force for the period stated in it.

(2)The period mentioned in subsection (1) must not be more than—

(a)for a provisional licence—1 year; or

(b)for any other licence—5 years.

Division 3 Upgrading provisional licences

46   QBCC commissioner may upgrade provisional licence

(1)Subsection (2) applies if—

(a)an individual applied for a licence; and

(b)the QBCC commissioner gave the individual a provisional licence instead of the licence the individual applied for; and

(c)the provisional licence has not expired; and

(d)the provisional licensee satisfies the commissioner about a matter that caused the commissioner to give the provisional licence rather than the licence.

(2)The commissioner may, under division 2, license the applicant, with or without the conditions originally applied for.

(3)The provisional licence is cancelled when the licence applied for is issued.

Division 4 Renewing licences

47   Notice of expiry of licence

The QBCC commissioner must give each licensee notice of the expiry of the licensee’s licence at least 40 business days before its expiry.

48   Procedural requirements for applications to renew a licence

(1)A licensee, other than a provisional licensee, may apply to the QBCC commissioner for the renewal of the licensee’s licence.

(2)The application must be—

(a)made after the notice under section 47 is given to the licensee and before the licence expires; and

(b)in the approved form; and

(c)accompanied by—

(i)the fee prescribed under a regulation; and

(ii)any documents, identified in the approved form, the commissioner reasonably requires to decide the application.

(3)The fee mentioned in subsection (2)(c)(i) is the reduced fee prescribed under a regulation if the applicant gives the commissioner a statutory declaration stating—

(a)the applicant is retired; and

(b)the applicant no longer performs plumbing or drainage work for payment; and

(c)the applicant does not intend to perform plumbing or drainage work for payment.

49   Existing licence taken to be in force while application is considered

(1)If an application is made under section 48 to renew a licence, the licence is taken to continue in force from the day it would, apart from this section, have expired until the day a new licence is issued to the applicant under section 50(1).

(2)Subsection (1) does not apply if the licence is earlier suspended under this Act.

50   Steps to be taken after application made

(1)If the application complies with section 48, the QBCC commissioner must, as soon as practicable, issue a new licence to the applicant.

(2)The licence issued under subsection (1) must be subject to the same conditions as the licence that expired.

(3)If the application does not comply with section 48, the commissioner must, as soon as practicable, tell the applicant how the application does not comply with section 48.

Division 5 Restoring expired licences

51   When application to restore licence may be made

(1)If a licence has expired, the person who was the licensee for the licence may ask the QBCC commissioner to restore the licence.

(2)The application to restore the licence must be made within 1 year after the day the licence expired.

52   Procedural requirements for applications to restore licence

(1)The application must—

(a)be in the approved form; and

(b)be accompanied by—

(i)the fee prescribed under a regulation; and

(ii)any documents, identified in the approved form, the QBCC commissioner reasonably requires to decide the application.

(2)Information in the application must, if the approved form requires, be verified by a statutory declaration.

53   Previous conditions continue for expired licence

If the QBCC commissioner decides to restore the applicant’s licence, the licence is subject to the conditions attaching to the licence immediately before its expiry.

54   How division 4 applies for applying to restore licence

For restoring a licence, division 4 applies as if—

(a)an application for renewal of a licence were an application for restoration of a licence; and

(b)an applicant for renewal of a licence were an applicant for restoration of a licence; and

(c)a renewal of a licence were a restoration of a licence.

Division 6 Reviewing licence conditions

55   How licensee may start review

(1)A licensee whose licence is subject to conditions may apply to the QBCC commissioner for a review of the conditions.

(2)However, the application must not be made—

(a)during the review period applying to the conditions; or

(b)if the licensee has applied to QCAT for a review of the conditions—while the decision to impose the conditions is being reviewed by QCAT.

(3)The application must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed under a regulation.

(4)The approved form must require the licensee to state—

(a)that the licensee believes the conditions are no longer appropriate; and

(b)the reason for the licensee’s belief.

(5)The commissioner must consider the application and make a decision under section 59.

56   Reviewing conditions during review period

(1)This section applies if, during the review period applying to the conditions, the QBCC commissioner reasonably believes the conditions may no longer be appropriate.

(2)The commissioner may, with the written agreement of the licensee, review the conditions.

57   QBCC commissioner’s powers before making decision

(1)Before making its decision under section 59, the QBCC commissioner—

(a)may investigate the licensee; and

(b)may, by notice given to the licensee, require the licensee to give the commissioner, within a reasonable time of at least 20 business days stated in the notice, further information or a document the commissioner reasonably requires to make the decision.

(2)A notice under subsection (1)(b) must be given to the licensee within 20 business days after the commissioner agrees with the licensee to review the conditions.

(3)The commissioner may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration.

58   Deemed withdrawal of application etc.

(1)Subsections (2) and (3) apply if the conditions are being reviewed because of an application made by the licensee under section 55.

(2)The licensee is taken to have withdrawn the application if, within the stated time, the licensee does not comply with a requirement under section 57(1)(b).

(3)A notice under section 57(1)(b) must be given to the licensee within 40 business days after the QBCC commissioner receives the application.

(4)Subsection (5) applies if the conditions are being reviewed under section 56.

(5)The commissioner is taken to have decided to confirm the conditions if, within the stated time, the licensee does not comply with a requirement under section 57(1)(b).

59   Decision on review of conditions

(1)After reviewing the conditions, the QBCC commissioner must decide to—

(a)confirm the conditions; or

(b)remove the conditions; or

(c)change the conditions.

(2)In making its decision, the commissioner must consider whether the conditions remain necessary or desirable for the licensee to competently practise the trade.

(3)If the commissioner decides to confirm or change the conditions, the conditions may only be confirmed or changed for the reasons the conditions were initially imposed.

(4)If the commissioner decides to confirm or change the conditions, it must as soon as practicable—

(a)also decide the review period applying to the confirmed or changed conditions; and

(b)give the licensee an information notice about the decision.

Note—

For reviews of the decision, see the QBCC Act, part 7, division 3.

(5)If the commissioner decides to remove the conditions, it must as soon as practicable give the licensee notice of the decision.

60   When decision takes effect

(1)If the QBCC commissioner decides to confirm the conditions, the decision takes effect when it is made.

(2)If the commissioner decides to change the conditions, the change—

(a)takes effect when an information notice about the decision is given to the licensee under section 59(4)(b); and

(b)does not depend on—

(i)the licence being amended to record the change; or

(ii)a replacement licence being issued.

(3)If the commissioner decides to remove the conditions, the removal—

(a)takes effect when notice of the decision is given to the licensee under section 59(5); and

(b)does not depend on—

(i)the licence being amended to record the removal; or

(ii)a replacement licence being issued.

61   Failure by QBCC commissioner to make decision on application

(1)Subject to subsections (2) and (3), if the QBCC commissioner fails to decide an application under section 55 within 40 business days after its receipt, the failure is taken to be a decision by the commissioner to confirm the conditions.

(2)Subsection (3) applies if the commissioner has under section 57(1)(b), required the applicant to give the commissioner further information or a document.

(3)The commissioner is taken to have decided to confirm the conditions if the commissioner fails to decide the application within 40 business days after the day the commissioner receives the further information or document.

62   Failure by QBCC commissioner to make decision on review agreed to under s 56

(1)Subject to subsections (2) and (3), if the QBCC commissioner fails to make a decision on a review agreed to under section 56 within 40 business days after the agreement, the failure is taken to be a decision by the commissioner to confirm the conditions.

(2)Subsection (3) applies if the commissioner has, under section 57(1)(b), required the licensee to give the commissioner further information or a document.

(3)The commissioner is taken to have decided to confirm the conditions if the commissioner fails to make a decision on the review within 40 business days after the day the commissioner receives the further information or document.

63   Amendment of, or replacing, licence

(1)This section applies if—

(a)a licensee receives an information notice, under section 59(4)(b), about decisions relating to a change of a condition of the licensee’s licence; or

(b)a licensee receives a notice, under section 59(5), about a decision to remove a condition of the licensee’s licence.

(2)The licensee must, unless the licensee has a reasonable excuse, return the licence to the QBCC commissioner within 10 business days after receiving the notice.

Maximum penalty—10 penalty units.

(3)On receiving the licence, the commissioner must—

(a)amend the licence in an appropriate way and return the amended licence to the licensee; or

(b)if the commissioner does not consider it practicable to amend the licence, issue another licence to the licensee to replace the licence returned to the commissioner.

Division 7 Disciplinary action

Subdivision 1 Grounds

64   Grounds for discipline

Subject to section 70A, the QBCC commissioner may take disciplinary action against a licensee if the commissioner is satisfied the licensee has—

(a)obtained the licensee’s licence because of a materially false or misleading representation or declaration; or

(b)not competently performed, or has been involved in the unsatisfactory performance of, work the licensee is authorised to carry out under the licensee’s licence; or

(c)directed or allowed another licensee to perform work—

(i)the other licensee is authorised to carry out under his or her licence; and

(ii)in a way that does not conform with the appropriate standards; or

(d)directed or allowed a person to perform work in contravention of section 119; or

(e)directed someone else to perform work, or supervised someone else in the performance of work, in contravention of section 120; or

(f)performed work—

(i)that is not work for which the licensee’s licence was issued; and

(ii)for which a licence is required; or

(g)not given a local government or the commissioner a notice or document as required under this Act; or

(h)had the licensee’s interstate or New Zealand licence conditioned, suspended or cancelled; or

(i)been convicted of an offence against this Act or the repealed Act.

Subdivision 2 Action by QBCC commissioner about disciplinary matters

65   Disciplinary action that may be taken by QBCC commissioner

(1)In disciplining a licensee, after complying with section 66(1) the QBCC commissioner may do any 1 or more of the following—

(a)reprimand the licensee;

(b)for plumbing or drainage work—order that the work be rectified to comply with the Standard Plumbing and Drainage Regulation;

(c)impose new conditions, or change conditions, on the licence;

(d)suspend the licensee’s licence for a period of not more than 12 months;

(e)require the licensee to pay to the commissioner, within a reasonable stated period, a stated amount of not more than the equivalent of 60 penalty units.

(2)Subsection (3) applies if a licensee does not, within the stated period under subsection (1)(e), pay the commissioner the amount required to be paid under the subsection.

(3)The commissioner may recover the unpaid part of the amount from the licensee as a debt.

66   Show cause notice

(1)If the QBCC commissioner believes a ground exists to act under section 65 or to refer a disciplinary matter to QCAT under section 70A, the commissioner must, before taking the action or making a referral under section 70A in relation to the matter, give the licensee a notice (a show cause notice).

(2)The show cause notice must—

(a)state the ground for proposing to act under section 65(1) or refer the matter to QCAT under section 70A; and

(b)outline the facts and circumstances forming the basis for the ground; and

(c)invite the licensee to show within a stated period (the show cause period) why the action should not be taken or the referral should not be made.

(3)The show cause period must be a period ending not less than 20 business days after the show cause notice is given to the licensee.

67   Representations about show cause notice

(1)The licensee may make written representations about the show cause notice to the QBCC commissioner in the show cause period.

(2)If the commissioner is satisfied the licensee may be disadvantaged if the licensee does not make personal representations to the commissioner, the commissioner may allow the licensee to make personal representations about the show cause notice to the commissioner in the show cause period.

(3)The commissioner must consider all representations (the accepted representations) made under subsection (1) or (2).

68   QBCC commissioner must decide action to be taken

After considering the accepted representations for the show cause notice, the QBCC commissioner must decide to—

(a)take no further action about the matter; or

(b)take disciplinary action against the licensee; or

(c)if section 70A applies, refer the disciplinary matter to QCAT.

69   QBCC commissioner must advise licensee of its decision

(1)If the QBCC commissioner decides to take no further action about the matter, or to refer the matter to QCAT, the commissioner must give the licensee written notice of the decision.

(2)If the commissioner decides to take disciplinary action against the licensee, the commissioner must give the licensee an information notice.

Note—

For reviews of the decision, see the QBCC Act, part 7, division 3.

70   When suspension takes effect

If the QBCC commissioner suspends the licensee’s licence, the licence is suspended from the day the information notice is given to the licensee.

Subdivision 3 Referral to QCAT of particular proposed suspensions or proposed cancellations

70A   QBCC commissioner to refer particular disciplinary matters to QCAT

(1)This section applies if, after complying with section 66(1), the QBCC commissioner is reasonably satisfied, for a licensee, that—

(a)a ground exists to act under section 65; and

(b)it would be reasonable in the circumstances to take the following disciplinary action—

(i)suspend the licensee’s licence for more than 12 months;

(ii)cancel the licensee’s licence.

(2)The commissioner must refer the matter, as provided under the QCAT Act, to QCAT to decide whether or not to make an order against the licensee in relation to the ground.

70B   Constitution of QCAT

(1)For the referred matter QCAT must be constituted by 3 members.

(2)The members must include—

(a)1 legally qualified member; and

(b)1 QCAT member who has at least 10 years experience in the plumbing and drainage industry.

(3)In this section—

legally qualified member means a legally qualified member under the QCAT Act.

QCAT member means a member under the QCAT Act.

70C   Disciplinary orders by QCAT

If, after hearing the matter, QCAT decides a ground for disciplinary action against a licensee is established, it may do 1 or more of the following—

(a)reprimand the licensee;

(b)for plumbing or drainage work—order that the work be rectified to comply with the Standard Plumbing and Drainage Regulation;

(c)impose new conditions, or change conditions, on the licence;

(d)suspend the licensee’s licence for the period decided by QCAT;

(e)cancel the licensee’s licence;

(f)order the licensee to pay to the QBCC commissioner a stated amount of not more than the equivalent of 165 penalty units.

Subdivision 4 Miscellaneous

71   Returning suspended or cancelled licence to QBCC commissioner

(1)If the QBCC commissioner or QCAT suspends or cancels a licence, the licensee or former licensee must return the licence to the commissioner within 10 business days after receiving the information notice, unless the licensee or former licensee has a reasonable excuse.

Maximum penalty—10 penalty units.

(2)If the licence is suspended, the commissioner must return the licence to the licensee as soon as practicable after the suspension period.

Division 8 General provisions about licences

72   Surrendering licence

(1)A licensee may surrender the licensee’s licence by notice given to the QBCC commissioner.

(2)The surrender takes effect—

(a)on the day the notice is given to the commissioner; or

(b)if a later day of effect is stated in the notice, on the later day.

(3)The licensee must return the licence to the commissioner within 10 business days after the day the surrender takes effect, unless the licensee has a reasonable excuse.

Maximum penalty for subsection (3)—10 penalty units.

73   Replacing licence

(1)A licensee may apply to the QBCC commissioner for the replacement of the licensee’s licence if it has been lost, stolen, destroyed or damaged.

(2)The application must be—

(a)made to the commissioner; and

(b)in the approved form; and

(c)accompanied by the fee prescribed under a regulation.

(3)Information in the application must, if the approved form requires, be verified by a statutory declaration.

(4)If the commissioner is satisfied the licence has been lost, stolen or destroyed, or damaged, the commissioner must—

(a)replace the lost, stolen, destroyed or damaged licence with another licence; and

(b)give the replacement licence to the applicant.

74   Certified copy of licence

A licensee may, on payment of the fee prescribed under a regulation, obtain from the QBCC commissioner a certified copy of the licensee’s licence.

75   Notice of change in circumstances

(1)Subsection (2) applies if the licensee—

(a)changes the licensee’s address; or

(b)holds an interstate or New Zealand licence and the licence is conditioned, suspended or cancelled; or

(c)is convicted of an offence against this Act or the repealed Act.

(2)The licensee must give the QBCC commissioner written notice of the matter.

Maximum penalty—

(a)if the offence relates to subsection (1)(a)—1 penalty unit; or

(b)if the offence relates to subsection (1)(b) or (c)—10 penalty units.

(3)The notice must be given to the commissioner within 20 business days after the change.

76   Notice of certain events to interstate licensing authorities and other entities

(1)This section applies if—

(a)a licence is cancelled under this Act; or

(b)conditions are imposed, under this Act, on a licence; or

(c)conditions on a licence are removed under this Act.

(2)As soon as practicable after an event mentioned in subsection (1) happens, the QBCC commissioner must give notice about the event to each interstate or the New Zealand licensing authority with which the QBCC commissioner is aware the licensee is licensed.

(3)Also, the commissioner may give notice about the event to any of the following—

(a)professional or industry associations of which the licensee is eligible to be a member;

(b)an employer of the licensee;

(c)another entity having a connection with the trade.

(4)However, the commissioner must not give a notice about the event to an entity under subsection (3) unless the commissioner reasonably believes the entity needs to know about the event.

(5)A notice under this section may include the information the commissioner considers appropriate in the circumstances.

77   Register of licences

The QBCC commissioner must keep a register of all licences and matters affecting licences.

Part 4    Compliance assessment

Division 1 Preliminary

78   Compliance permit

(1)A compliance permit authorises compliance assessable work to be carried out—

(a)to the extent stated in the permit; and

(b)subject to any conditions for achieving compliance.

(2)A compliance permit has effect for—

(a)the period prescribed under a regulation; or

(b)if no period is prescribed under paragraph (a)—2 years from the day the compliance permit was given.

(3)However, if the compliance assessable work starts while the compliance permit has effect, the permit continues to have effect.

(4)A compliance permit attaches to the land, the subject of the permit, and binds the owner, the owner’s successors in title and any occupier of the land.

79   Compliance certificate

(1)A compliance certificate approves compliance assessable work to the extent stated in the certificate.

(2)Subject to sections 86D(3) and 86E to 86G, a compliance certificate has effect until the premises to which certificate relates are demolished or removed.

(3)A compliance certificate attaches to the land the subject of the certificate, and binds the owner, the owner’s successors in title and any occupier of the land.

Division 2 Compliance assessment generally

80   Purpose of compliance assessment

The purpose of compliance assessment is to allow for—

(a)a plan about particular proposed compliance assessable work to be assessed for compliance with the Standard Plumbing and Drainage Regulation and a compliance permit to be issued for the plan; and

(b)compliance assessable work to be assessed for compliance with the Standard Plumbing and Drainage Regulation and a compliance certificate to be issued for the work.

81   Compliance assessable work must be assessed for compliance

Compliance assessable work must be assessed for compliance with the Standard Plumbing and Drainage Regulation.

81A   When notifiable work must be assessed for compliance

(1)This section applies if—

(a)in relation to plumbing and drainage work—

(i)a compliance request made under division 3 is for compliance assessment of a plan for the work; or

(ii)a request made under division 4 is for compliance assessment of the work; and

(b)the work—

(i)includes notifiable work; or

(ii)is notifiable work only.

(2)The notifiable work must be assessed for compliance with the Standard Plumbing and Drainage Regulation.

(3)A reference in this Act to compliance assessable work is taken to include a reference to notifiable work that must be assessed for compliance because of this section.

(4)Section 87 does not apply to notifiable work that must be assessed for compliance because of this section.

82   Plans and all plumbing and drainage work must comply

(1)A person who carries out any plumbing or drainage work must ensure the work complies with the Standard Plumbing and Drainage Regulation.

Maximum penalty—165 penalty units.

(2)Subsection (1) applies even if a compliance permit given by a local government or public sector entity is contrary to the Standard Plumbing and Drainage Regulation.

83   Compliance permit required for certain compliance assessable work

(1)Subject to subsection (2), a person must not carry out compliance assessable work unless the person has a compliance permit for the work and complies with any conditions of the permit.

Maximum penalty—1,665 penalty units.

(2)Subsection (1) does not apply to compliance assessable work, other than compliance assessable work that is on-site sewerage work, a local government decides by resolution is work for which a compliance permit is not required.

(3)If a local government makes a resolution for subsection (2), the local government must—

(a)give a copy of the resolution to the chief executive; and

(b)ensure a copy of the resolution is available for inspection at the local government’s public office under the Local Government Act 2009 or, if the local government is the Brisbane City Council, its public office under the City of Brisbane Act 2010; and

(c)if the local government is a participating local government for a distributor-retailer—give a copy of it to the distributor-retailer.

84   Compliance assessable work by a public sector entity

(1)This section applies to plans for compliance assessable work and compliance assessable work carried out by, or for, a public sector entity.

(2)The entity must—

(a)carry out compliance assessment of the plans or work; or

(b)request the local government to carry out the compliance assessment.

(3)If the entity or the local government is satisfied the plans or work comply with the Standard Plumbing and Drainage Regulation, the entity or local government must issue—

(a)for a plan—a compliance permit; or

(b)for work—a compliance certificate.

(4)However, subsections (5) and (6) apply for the issuing by a public sector entity of a compliance permit or compliance certificate for a plan for SEQ water work.

(5)The entity can not issue the permit or certificate without the relevant service provider’s written consent.

(6)If the entity issues the permit or certificate, it must give a copy to—

(a)the local government; and

(b)if the relevant service provider for the work is a distributor-retailer—the distributor-retailer.

Note—

For references to a relevant service provider until 1 July 2012, see section 188.

Division 3 Assessing plans

85   Process for assessing plans

(1)This section applies, subject to sections 85B to 85E, to a request (a compliance request) for compliance assessment of a plan for compliance assessable work.

(2)A compliance request must be—

(a)in the approved form; and

(b)made to the local government; and

(c)accompanied by the fee fixed by resolution of the local government; and

(d)if the request is about a plan for SEQ water work—accompanied by a document or information to show the work has been approved by or for the relevant service provider.

Examples of a document for paragraph (d)—

•a development approval

•an SEQ Water Act water approval

•a Water Supply Act connection approval

(3)The local government may give the person making the request, a written notice (an information request), requesting further information needed to assess the plan.

(4)An information request must be made within 10 business days after the plan is received.

(5)The compliance request must be decided within 20 business days—

(a)if an information request is not made—after receiving the compliance request; or

(b)if an information request is made—after receiving the information requested.

(6)The local government must in deciding the compliance request—

(a)give the person making the request a compliance permit; or

(b)refuse to give a compliance permit.

(7)A compliance permit may be given on reasonable and relevant conditions decided by the local government for achieving compliance.

Examples—

1A condition of a compliance permit for on-site sewerage work may require the owner of the relevant premises to install a grease arrester for the premises.

(3)The appeal must be started within 20 business days after the day the person is given notice of the decision.

170   Exemption from particular offences for particular on-site sewerage facilities built or installed before 30 April 1998

Sections 128C, 128D and 128E do not apply to an on-site sewerage facility built or installed before 30 April 1998 unless—

(a)a local government approval is given for a change to the facility; or

(b)a notice is given under section 116 for the facility.

171   On-site sewerage and greywater use facilities to which s 143A applies

Section 143A only applies for an on-site sewerage or greywater use facility installed after the commencement.

Division 4 Transitional provisions for Building and Other Legislation Amendment Act 2006

172   Provisions for chemical, composting or incinerating toilets

(1)An application made before the commencement of this section for a chief executive approval for a chemical, composting or incinerating toilet is, on the commencement, taken to have been withdrawn.

(2)Section 125, as in force from 1 March 2006 to the commencement, is taken never to have applied to an on-site sewage treatment plant that consists only of a chemical, composting, or incinerating toilet.

173   Provision about offences under s 128M

(1)A proceeding can not be started for an offence under pre-amended section 128M if the circumstances giving rise to the commission of the offence would not, if the circumstances happened after the commencement of this section, give rise to the commission of an offence under post-amended section 128M.

(2)In this section—

post-amended section 128M means section 128M as amended under the Building and Other Legislation Amendment Act 2006, section 99A.

pre-amended section 128M means section 128M as in force immediately before the Building and Other Legislation Amendment Act 2006, section 99A commences.

Division 5 Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009

174   Definitions for div 5

In this division—

commencement means the commencement of this section.

previous, if followed by a provision number, means the provision of that number in force before the commencement.

Note—

See also the QCAT Act, chapter 7.

175   Application of s 70A

(1)This section applies if, immediately before the commencement, the council—

(a)had given a show cause notice to a licensee under previous section 66; but

(b)had not advised the licensee of its decision under previous section 69.

(2)From the commencement, the council must comply with section 70A in relation to the licensee.

176   Registrar of Plumbers and Drainers Board

(1)This section applies to the person who was the secretary of the Plumbers and Drainers Board immediately before the commencement.

(2)The person is taken to have been appointed as registrar of the board under section 29(1).

Division 6 Transitional provisions for Building and Other Legislation Amendment Act 2009

177   Definitions for div 6

In this division—

commencement means the day the Building and Other Legislation Amendment Act 2009, section 63 commences.

former board see section 178(1).

178   Dissolution of Plumbers and Drainers Board

(1)On the commencement—

(a)the Plumbers and Drainers Board (the former board) ceases to exist; and

(b)the following go out of office—

(i)the former board’s members;

(ii)the former board’s chairperson and deputy chairperson;

(iii)a member of a committee of the former board.

(2)To remove any doubt, it is declared that subsection (1) does not prevent a person mentioned in subsection (1)(b) from being nominated for, or holding office with, the council.

(3)No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State for or in connection with the enactment or operation of subsection (1).

179   Registrar and officers of former board

On the commencement—

(a)the former board’s registrar immediately before the commencement becomes the council’s registrar; and

(b)another officer of the former board becomes an officer of the council in the same position as their former office with the board.

Note—

The council and the office of registrar were disestablished under the Professional Engineers and Other Legislation Amendment Act 2014.

180   References to former board

In an Act or document a reference to the former board may, if the context permits, be taken as a reference to the council.

181   Legal proceedings

(1)A proceeding that has been started or could have been started or continued by or against the former board before the commencement may be started or continued by or against the council.

(2)In this section—

proceeding includes a referral under section 70A to QCAT.

182   Migration of undecided applications

If, immediately before the commencement, an application had been made to the former board but not decided, the application is taken to have been made to the council when it was made to the former board.

183   Migration of former board’s matters

On the commencement, the following made by the former board in force immediately before the commencement are taken to have been made by the council when the former board made them—

(a)a decision;

(b)a licence or other document;

(c)a referral under section 70A to QCAT.

Division 7 Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2010

Subdivision 1 Provisions for greywater treatment plants at particular hospitals

184   Chief executive approval of particular greywater treatment plant

(1)A greywater treatment plant that is an ‘AquaRecycle Laundry Water Recycling System’ is taken to have a chief executive approval.

(2)Despite section 96, the approval lasts until 4 June 2014.

(3)However, section 97 applies for the approval as if it were a chief executive approval.

185   Relevant compliance certificate conditions for particular regulated work

(1)This section provides for the application of section 143B to the following greywater use facilities—

(a)the greywater treatment plant located at Prince Charles Hospital Campus, 490 Hamilton Road, Chermside, Queensland (the Prince Charles Hospital facility);

(b)the greywater treatment plant located at Princess Alexandra Hospital Campus, building 55, Ipswich Road, Woolloongabba, Queensland (the Princess Alexandra Hospital facility).

(2)The relevant compliance certificate conditions for the Prince Charles Hospital facility are the conditions that applied, before the commencement of this section, to the exemption granted to the Prince Charles Hospital, Metropolitan Linen Service, Greywater Recycling Scheme under the Water Supply Act, section 253, other than a condition about preparing an annual report or giving the annual report to the regulator.

(3)The relevant compliance certificate conditions for the Princess Alexandra Hospital facility are the conditions that applied, before the commencement of this section, to the exemption granted to the Princess Alexandra Hospital, Metropolitan Linen Service, Greywater Recycling Scheme under the Water Supply Act, section 253, other than a condition about preparing an annual report or giving the annual report to the regulator.

(4)A reference to the regulator in a condition mentioned in subsection (2) or (3) is taken to be a reference to the Brisbane City Council.

(5)The regulator must, as soon as practicable, give the Brisbane City Council a copy of the conditions mentioned in subsections (2) and (3).

Subdivision 2 Other provisions

186   Policies about installation and location of meters

(1)This section applies if, immediately before 1 July 2010, a participating local government for a distributor-retailer has a policy for dealing with matters, under the Queensland Plumbing and Wastewater Code, about the installation and location of meters for premises.

(2)On 1 July 2010, the policy is taken to be the distributor-retailer’s policy for dealing with matters, under the Queensland Plumbing and Wastewater Code, about the installation and location of meters for premises in the distributor-retailer’s geographic area.

187   [Repealed]

Division 8 Transitional provision for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012

188   References to relevant service provider until 1 July 2012

(1)Until 1 July 2012—

(a)paragraph (a) of the definition relevant service provider in the schedule does not apply; and

(b)SPOLA amended section 87 continues to apply instead of post-1 July 2012 section 87.

(2)In this section—

post-1 July 2012 section 87 means section 87 as amended under SEQ.

SEQ means the South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012.

SPOLA means the Sustainable Planning and Other Legislation Amendment Act 2012.

SPOLA amended section 87 means section 87 as in force immediately before its amendment under SEQ, and if the amendments of section 87 under SPOLA commence before 1 July 2012, section 87 as amended under SPOLA.

Division 9 Transitional provision for Sustainable Planning and Other Legislation Amendment Act 2012

189   Regulated work taken to be compliance assessable work

(1)This section applies to a compliance request for compliance assessment of a plan for regulated work made to a local government under section 85 before the commencement.

(2)On the commencement, the work the subject of the request is taken to be compliance assessable work.

(3)If, before the commencement, the local government has given the person who made the request a compliance permit for the work—

(a)the compliance permit is taken to be a compliance permit for compliance assessable work; and

(b)any condition of the compliance permit continues to apply.

(4)In this section—

commencement means the commencement of this section.

Division 10 Validation provision for Housing and Other Legislation Amendment Act 2013

190   Validation of functions and powers of inspectors

(1)This section applies to a function or power performed by an inspector under section 114 as in force immediately before the commencement.

(2)To remove any doubt, it is declared that the performance of the function or power is taken to be, and always to have been, as valid as if section 114, as in force immediately after the commencement, had been in force on the day the function or power was performed.

(3)In this section—

commencement means the commencement of this division.

Division 11 Transitional provisions for Professional Engineers and Other Legislation Amendment Act 2014

Subdivision 1 Preliminary

191   Definitions for div 11

In this division—

amended Act means this Act as amended by the amending Act.

amending Act means the Professional Engineers and Other Legislation Amendment Act 2014.

commencement means the commencement of this section.

former council means the council established under the unamended Act.

unamended Act means this Act as in force immediately before the commencement.

Subdivision 2 Dissolution of former council

192   Dissolution

(1)On the commencement—

(a)the former council ceases to exist; and

(b)the registrar and members of the former council go out of office.

(2)In this section—

registrar means the person holding the office of registrar under the unamended Act immediately before the commencement.

Subdivision 3 Transfer of matters to QBCC

193   Agreements, assets, liabilities and rights

(1)On the commencement—

(a)the former council’s assets, liabilities and rights vest in QBCC; and

(b)QBCC is substituted for the former council in all agreements to which the former council was a party immediately before the commencement.

(2)Without limiting subsection (1), any amounts payable to the former council immediately before the commencement are, on the commencement, taken to be payable to QBCC.

(3)In this section—

agreement includes a lease, undertaking and contractual arrangement.

194   Pending applications

(1)This section applies to an application made but not finally decided or withdrawn before the commencement—

(a)under the unamended Act to the former council; or

(b)by the former council to QCAT.

(2)On and from the commencement, the application is taken to have been made—

(a)if subsection (1)(a) applies—to the QBCC commissioner under the amended Act; or

(b)if subsection (1)(b) applies—by the commissioner to QCAT;

when it was made to or by the former council.

(3)For deciding the application, if the context permits—

(a)action taken by the former council before the commencement in relation to the application is action taken by the commissioner; and

(b)the commissioner may be satisfied about a matter merely because the former council was satisfied about the matter under the relevant provision of the unamended Act.

195   Pending legal proceedings

(1)A legal proceeding that has been started, or could have been started, by or against the former council before the commencement may be started or continued by or against the QBCC commissioner.

(2)In this section—

legal proceeding means a proceeding before a court or tribunal.

196   Ministerial directions to former council

(1)This section applies to a Ministerial direction given before the commencement to the former council under section 28 of the unamended Act.

(2)The Ministerial direction is, if the context permits, taken to have been given to QBCC under the QBCC Act, section 9.

197   Records of former council

(1)On the commencement, a record of the former council becomes a record of QBCC.

(2)In this section—

record includes a register kept by the former council under the unamended Act.

198   Continuing appointment of investigators

(1)This section applies to a person appointed as an investigator under section 33A of the unamended Act.

(2)On and from the commencement, the person is taken to have been appointed as an investigator by the QBCC commissioner.

(3)Action taken for an investigation under the unamended Act continues to have effect for the purpose of the amended Act.

(4)Subsection (5) applies if, immediately before the commencement—

(a)an identity card had been issued to the person under section 33D of the unamended Act; and

(b)the card had not expired according to its terms.

(5)The card is taken to be an identity card issued to the person by the commissioner until the earlier of the following—

(a)a new identity card is issued to the person by the commissioner under the amended Act;

(b)the card expires according to its terms.

199   Pending disciplinary matters under pt 3, div 7

(1)This section applies if, before the commencement—

(a)the former council had given a licensee a show cause notice under section 66 of the unamended Act and had not yet made a decision under section 69 of that Act; or

(b)a matter was referred to QCAT by the former council under section 70A of the unamended Act and the matter had not been finally decided or withdrawn.

(2)On and from the commencement, the show cause notice or referral of the matter is taken to have been given or made by the QBCC commissioner under the amended Act.

(3)For completing the matter—

(a)steps taken by the former council before the commencement in relation to the matter are steps taken by the commissioner under the amended Act; and

(b)the commissioner may be satisfied about a matter merely because the former council was satisfied about the matter under the unamended Act.

200   Other administrative matters

(1)Subsection (2) applies to each of the following things in effect under the unamended Act immediately before the commencement—

(a)a direction or notice given by the chief executive or former council;

Example—

a show cause notice issued by the former council under section 66 of the unamended Act

(b)a request, requirement or order made by the chief executive or former council that has not been fully complied with on the commencement;

Example—

a request of an applicant to provide the former council with further information or evidence to decide an application

(c)a certificate or licence issued by the former council;

(d)a decision of the former council;

(e)an audit program prepared and approved by the former council under section 33TB.

(2)The thing continues in effect as if it had been given, issued, made, prepared or approved by the QBCC commissioner when the thing first took effect.

Subdivision 4 Review of particular decisions

201   Pending reviews of particular decisions

(1)This section applies if, before the commencement—

(a)an application for review of a relevant decision had been made but not decided or otherwise finally dealt with; or

(b)the period in which a person was entitled to apply under the unamended Act for review of a relevant decision had started but not ended.

(2)The review of the relevant decision may be completed, or started and completed, as if—

(a)the unamended Act continued to apply; and

(b)the QBCC Act, part 7, division 3 did not apply for review of the decision.

(3)In this section—

relevant decision means a decision under section 40, 59 or 68.

Subdivision 5 Other matters

202   References to former council

In an Act or document, a reference to the former council may, if the context permits, be taken to be a reference to the QBCC commissioner.

203   Effect on legal relationships

(1)Nothing done under the amendments to this Act under the amending Act (the Act amendments)—

(a)makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or

(b)except as provided for under the Act amendments, is taken to fulfil a condition that—

(i)terminates, or allows a person to terminate, an instrument or obligation; or

(ii)modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or

(iii)allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or

(iv)requires any money to be paid before its stated maturity.

(2)If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under the Act amendments, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.

(3)If, apart from this Act, giving notice to a person would be necessary to do something under the Act amendments, the notice is taken to have been given.

(4)In this section—

relevant entity means—

(a)the State or an employee or agent of the State; or

(b)QBCC, or a member or relevant officer of QBCC.

204   [Repealed]

Division 12 Transitional provision for Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015

205   Installation of relevant water meter by authorised persons

(1)A person does not commit an offence against section 119 or 120 if—

(a)the work mentioned in the section is the installation, and any work relating to the installation, of a relevant water meter by an authorised person under the Water Supply Act, section 35; and

(b)the person was an authorised person of a service provider immediately before the commencement and has continued as an authorised person of the service provider since the commencement; and

(c)the person performs the work as an authorised person within 18 months after the commencement.

(2)In this section—

authorised person see section 121(2).

relevant water meter see section 121(2).

Part 13    [Repealed]

219   [Repealed]

220   [Repealed]

221   [Repealed]

222   [Repealed]

223   [Repealed]

224   [Repealed]

Schedule Dictionary

section 3

apparatus, for supplying water to premises, includes a water meter.

appropriately qualified...

approved audit program, for part 2, division 6, subdivision 3A, see section 33TA.

approved form means a form approved by the chief executive or the QBCC commissioner under section 141.

AS/NZS 1546 ...

assistant commissioner means the person appointed as the assistant commissioner under section 32A(1).

backflow prevention device means a device to prevent the reverse flow of water from a potentially polluted source into a potable water supply system.

board ...

building and development dispute resolution committee ...

building and development tribunal ...

Building Code of Australia means the edition, current at the relevant time, of the Building Code of Australia published by the body known as the Australian Building Codes Board and includes the edition as amended from time to time by amendments published by the body.

built item ...

chairperson means the chairperson of the council appointed under section 14(1).

chief executive approval see section 91(1).

common effluent drainage means a sewerage system for carrying effluent from premises after treatment in an on-site sewerage facility for the premises.

compliance assessable work means plumbing work or drainage work that is not notifiable work, minor work or unregulated work.

compliance assessment means assessment under part 4.

compliance certificate see section 79.

compliance permit see section 78.

compliance request see section 85(1).

council means the Service Trades Council established under section 5.

criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.

deputy chairperson means the deputy chairperson of the council appointed under section 15(1).

deputy member means a deputy member appointed under section 9(1).

development approval means a development approval under the Planning Act.

distributor-retailer means a distributor-retailer established under the SEQ Water Act, section 8.

drainage means—

(a)an apparatus, fitting or pipe, either above or below ground level, that carries—

(i)sewage to a sewer, or to, within or from an on-site sewerage facility; or

Examples—

•a pipe carrying effluent to an on-site sewage treatment plant on premises

•a pipe carrying treated effluent from an on-site sewage treatment plant off the premises on which the plant is installed to a system of common effluent drainage or a holding tank for collection

(ii)greywater from a greywater treatment plant or greywater diversion device; or

(b)an on-site sewerage facility.

drainage work includes—

(a)installing, changing, extending, disconnecting, taking away and maintaining drainage; and

(b)on-site sewerage work.

dry-vault toilet means a system of disposing of waste discharged from a human body, incorporating a chamber that—

(a)receives and treats the waste; and

(b)uses a biological degradation or dehydration process to treat the waste; and

(c)does not use water other than water for cleaning or to assist the biological degradation process.

employed licensee, for part 2, division 6, subdivision 3A, see section 33TD(1)(c).

enforcement notice means a notice given under section 116 or 117.

environmentally relevant on-site sewerage facility—

1An environmentally relevant on-site sewerage facility is a facility described in paragraph 2 that consists of, or includes, a sewage treatment plant the operation of which is an environmentally relevant activity under the Environmental Protection Act 1994.

2For paragraph 1, the facility is a facility installed on premises for treating, on the premises, sewage generated on the premises, and disposing of the resulting effluent—

(a)on part of the premises (commonly called a ‘land application area’); or

(b)off the premises by common effluent drainage or by collection from a tank on the premises.

EPA design rules means the design rules under the Environmental Protection (Waste Management) Regulation 2000, section 67 and schedule 8.

foreign licensing authority means—

(a)an interstate or the New Zealand licensing authority; or

(b)an entity established under a law applying in a foreign country, other than New Zealand, having functions similar to the QBCC commissioner’s functions relating to plumbing and drainage.

greywater means wastewater from a bath, basin, kitchen, laundry or shower, whether or not the wastewater is contaminated with human waste.

greywater application area means an area in which greywater is disposed of by subsurface or surface irrigation.

greywater diversion device—

1A greywater diversion device is a device that consists of—

(a)a diversion device with the characteristics mentioned in paragraph 2; and

(b)a filtering system that uses a coarse filter to remove solids from greywater.

2For paragraph 1, the characteristics are that the device—

(a)directs and diverts greywater to sanitary drainage or a greywater application area; and

(b)automatically diverts greywater from the facility to sanitary drainage if the facility does not work properly or at all; and

(c)allows the manual diversion of greywater from the facility to sanitary drainage.

greywater treatment plant means a treatment plant installed on premises for treating, on the premises, greywater generated on the premises.

greywater use facility means a facility that consists of—

(a)a greywater diversion device and a greywater application area; or

(b)a greywater treatment plant and a greywater application area; or

(c)a greywater treatment plant.

information notice means—

(a)for a decision of the QBCC commissioner under part 3, a notice stating the following—

(i)the decision;

(ii)the reasons for it;

(iii)that the person to whom the notice is given may, within 28 days after the person is given the notice—

(A)apply to QBCC for internal review of the decision under the QBCC Act, part 7, division 3; or

(B)apply to QCAT for external review of the decision under the QBCC Act, part 7, division 3;

(iv)how to apply for review of the decision;

(v)if the decision is that a person be licensed on conditions—the review period applying to the conditions;

(vi)if the decision is that a licence be renewed or restored—the review period applying to the conditions;

(vii)if the decision is that the conditions imposed on a licence be confirmed—the review period applying to the confirmed conditions;

(viii)if the decision is that the conditions imposed on a licence be changed—

(A)the review period applying to the changed conditions; and

(B)a direction to the licensee to return the licence to the QBCC commissioner within 10 business days after receiving the information notice; or

(b)for a decision of the chief executive or a local government, under part 4 or 5, a notice stating the following—

(i)the decision;

(ii)the reasons for the decision;

(iii)that the person to whom the notice is given may appeal against the decision to a development tribunal under the Planning Act within 20 business days;

(iv)how the person may appeal against the decision.

inspector means a person appointed under section 107 as an inspector for this Act.

interstate or New Zealand licence means a licence that is granted by an interstate or the New Zealand licensing authority.

interstate or the New Zealand licensing authority means an entity established under the law of another State or New Zealand having functions similar to the QBCC commissioner’s functions relating to plumbing and drainage.

investigator means a person appointed under section 33A as an investigator.

kitchen greywater means greywater from any of the following parts of a domestic dwelling—

(a)a kitchen;

(b)another part that regularly produces significant amounts of greywater contaminated with grease or oil.

large greywater treatment plant ...

licence means a licence in force under part 3.

licensed person, for work, means a person who holds a licence that entitles the person to perform the work.

local government, in relation to work performed or to be performed at a facility or premises, means the local government that, under section 89, administers the Standard Plumbing and Drainage Regulation for—

(a)the area in which the work is performed, or is to be performed; or

(b)the area in which the facility or premises is located.

member means a member of the council appointed under section 8(1).

minor work means plumbing or drainage work prescribed under the Standard Plumbing and Drainage Regulation as minor work.

model approval ...

notifiable work means plumbing work or drainage work prescribed under the Standard Plumbing and Drainage Regulation as notifiable work.

occupier, of premises, includes a person who reasonably appears to be the occupier of, or in charge of, the premises.

on-site facility conditions ...

on-site sewage treatment plant is a sewage treatment plant installed or to be installed on premises as part of an on-site sewerage facility for the premises.

on-site sewerage code ...

on-site sewerage facility—

1An on-site sewerage facility is a facility, other than an environmentally relevant on-site sewerage facility, installed on premises for—

(a)treating, on the premises, sewage generated on the premises, and disposing of the resulting effluent—

(i)on part of the premises (commonly called a ‘land application area’); or

(ii)off the premises by common effluent drainage or by collection from a tank on the premises; or

(iii)by using the effluent for the discharge of a toilet or for surface or subsurface irrigation, if the facility is installed only for testing purposes; or

(b)storing on the premises sewage generated on the premises for its subsequent disposal off the premises by collection from the premises.

2A chemical, composting or incinerating toilet is also an on-site sewerage facility.

3On-site sewerage facility does not include a dry-vault toilet that is not a chemical, composting or incinerating toilet.

on-site sewerage work means building, installing or changing an on-site sewerage facility, including, for example, building, installing or changing an on-site sewerage facility for testing purposes.

operate, plumbing or drainage, includes maintain the plumbing or drainage.

original decision ...

owner means—

(a)for premises comprising a building or structure—the owner of the building or structure within the meaning of the Building Act 1975; or

(b)for other premises—the person for the time being entitled to receive the rent for the premises or who would be entitled to receive the rent for the premises if the premises were let to a tenant for rent.

panel means a panel established under section 29.

panel member means a person appointed to a panel under section 30(1).

participating local government, for a distributor-retailer, means a participating local government under the SEQ Water Act for the distributor-retailer.

plan includes any supporting documentation for the plan.

Planning Act means the Planning Act 2016.

plumbing means—

(a)for water—an apparatus, fitting or pipe for supplying water to premises from a service provider’s infrastructure or a water storage tank and for carrying water within premises; or

(b)for sewage—an apparatus, fitting, fixture or pipe, above ground level, that carries sewage on premises to drainage; or

(c)a greywater treatment plant or greywater diversion device.

plumbing code authorisation and certification means product authorisation and certification under the document in force from time to time called ‘National Construction Code volume 3—Plumbing Code of Australia’ produced for all State governments by the Australian Building Codes Board.

Editor’s note—

A copy of the most recent version of the code at any time may be inspected free of charge during office hours on business days at the department’s office at 41 George Street, Brisbane.

For product authorisation and certification, see the code, parts A2 (Acceptance of design and construction) and G1 (Certification and authorisation).

plumbing work includes—

(a)installing, changing, extending, disconnecting, taking away and maintaining plumbing; and

(b)installing a water meter as part of a service provider’s infrastructure for the purpose of measuring the volume of water supplied to premises from the infrastructure.

police commissioner means the commissioner of the Queensland Police Service.

prefabricated item ...

premises means—

(a)a building or other structure; or

(b)land (whether or not a building or other structure is situated on the land).

prohibited substance means—

(a)a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, an on-site sewerage facility; or

Examples for paragraph (a)—

•ash, cinders, sand, mud, straw and shavings

•metal, glass and plastics

•paper and plastic dishes, cups and milk containers

•rags, feathers, tar and wood

•whole blood, paunch manure, hair and entrails

•oil and grease

•cement laden waste water, including, wash down from exposed aggregate concrete surfaces

(b)a flammable or explosive solid, liquid or gaseous substance; or

(c)floodwater, rainwater and stormwater, and roof water, seepage water, subsoil water and surface water; or

(d)a substance that, given its quantity, is capable alone, or by interaction with another substance discharged into an on-site sewerage facility, of—

(i)inhibiting or interfering with a sewage treatment process; or

(ii)causing damage or a hazard to an on-site sewerage facility; or

(iii)causing a hazard for humans or animals; or

(iv)creating a public nuisance; or

(v)creating a hazard in waters into which it is discharged; or

(vi)contaminating the environment in places where effluent or sludge from a sewage treatment plant is discharged or reused; or

Example paragraph (d)—

a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property

(e)a substance having a temperature of more than—

(i)if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or

(ii)if paragraph (a) does not apply—38ºC.

public sector entity—

1Public sector entity means—

(a)a department or part of a department; or

(b)an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act for a public or State purpose.

2The term includes a government owned corporation and a rail government entity under the Transport Infrastructure Act 1994.

3However, the term does not include a distributor-retailer.

QBC board...

QBCC means the Queensland Building and Construction Commission established under the QBCC Act, section 5.

QBCC Act means the Queensland Building and Construction Commission Act 1991.

QBCC commissioner means the commissioner of QBCC.

register means the register kept under section 77.

registrar ...

regulated work ...

regulator ...

relevant officer, of QBCC, see the QBCC Act, schedule 2.

relevant person, for part 2, division 6, subdivision 3A, see section 33TD(1)(c).

relevant service provider, for SEQ water work, means—

(a)if the work has been carried out, or is to be carried out, in the local government area, under the SEQ Water Act, of any of the following councils, that council—

(i)the Gold Coast City Council;

(ii)the Logan City Council;

(iii)the Redland City Council; or

(b)otherwise—the distributor-retailer in whose geographic area under the SEQ Water Act the work has been carried out, or is to be carried out.

Note—

Paragraph (a) does not apply until 1 July 2012. See section 188.

repealed Act means the Sewerage and Water Supply Act 1949.

review decision ...

review notice ...

review period, applying to conditions imposed by the QBCC commissioner or QCAT on a licence, means the period of not more than 2 years after the decision to impose the conditions takes effect within which the licensee may not apply for a review of the conditions under part 3, division 6.

sanitary drain means a drain (not including a pipe that is a part of common effluent drainage) that is immediately connected to, and used to carry discharges from, a soil or waste pipe for an individual premises.

sanitary drainage means an apparatus, fitting or pipe for collecting and carrying discharges from sanitary plumbing, or from a fixture directly connected to a sanitary drain, to a sewerage system, on-site sewerage facility or greywater use facility, including all the following apparatus, fittings and pipes—

(a)disconnector gullies;

(b)bends at the foot of stacks or below ground level;

(c)in relation to connection to an on-site sewerage facility—a pipe, other than a soil or waste pipe, used to carry sewage to or from the facility;

(d)pipes, above ground level, installed using drainage principles.

secretary ...

septic tank means a tank in which solid organic matter in sewage is decomposed by anaerobic bacteria.

SEQ region see the Water Act 2000, section 341.

SEQ Water Act means the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

SEQ water work means work that—

(a)is compliance assessable work carried out, or to be carried out, in the SEQ region; and

(b)involves connecting to, disconnecting from or changing a connection to a relevant service provider’s water infrastructure.

sewage means household and commercial wastewater that contains, or may contain, faecal, urinary or other human waste.

sewage treatment plant means equipment for the biological, physical or chemical treatment of sewage.

sewer means a pipe, other than for drainage, for carrying sewage from premises.

sewerage service provider means a service provider under the Water Supply Act for a sewerage service.

sewerage system means infrastructure used to receive, transport and treat sewage or effluent, including, for example, sewers, access chambers, vents, engines, pumps, structures, machinery and outfalls.

sewered area means a service area for a sewerage service under the Water Supply Act.

show cause notice for—

(a)part 3, division 7—see section 66(1); or

(b)part 6, division 2—see section 115(1).

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

Standard Plumbing and Drainage Regulation see section 145(2).

stormwater installation, for premises, means roof gutters, downpipes, subsoil drains and stormwater drainage for the premises, but does not include any part of a local government’s stormwater drainage.

temporary member means a temporary member appointed under section 10(1).

testing approval means a chief executive approval under section 91(1)(e).

trade means the trade of plumbing and draining.

type specification approval ...

unregulated work means plumbing or drainage work prescribed under the Standard Plumbing and Drainage Regulation as unregulated work.

water infrastructure, of a distributor-retailer, see the SEQ Water Act, section 53BB(1).

water meter means a device, including equipment related to the device, for measuring the volume of water supplied to premises.

Example of equipment related to the device—

a pulse meter associated with the device

water service provider, for premises, means the person registered under the Water Supply Act, chapter 2, part 3, as the water service provider for retail water services for the premises.

Water Supply Act means the Water Supply (Safety and Reliability) Act 2008.

Water Supply Act connection approval means an approval, under the Water Supply Act, to connect premises to a distributor-retailer’s water infrastructure.