Plumbing and Drainage Act 2018 (Qld)

Plumbing and Drainage Act 2018

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

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Plumbing and Drainage Act 2018.

2   Commencement

(1)This Act, other than the following provisions, commences on a day to be fixed by proclamation—

•part 9, division 1A, other than section 176F(2)

•sections 192A to 192K, 193A to 193G and 196(3) to (6)

•schedule 2, amendments of the Building Industry Fairness (Security of Payment) Act 2017.

(2)The Acts Interpretation Act 1954, section 15DA does not apply to part 9, division 3.

3   Main purpose of Act

(1)The main purpose of this Act is to regulate the carrying out of plumbing or drainage work in a way that reduces risks to—

(a)public health and safety; and

(b)the environment.

(2)The main purpose of this Act is to be achieved primarily by—

(a)establishing a licensing scheme to ensure all plumbing or drainage work, other than unregulated work, is carried out by persons who are qualified to carry out the work; and

(b)requiring plumbing or drainage work to be carried out in compliance with the code requirements for the work; and

(c)establishing a framework for approving particular plumbing or drainage work and particular treatment plants.

4   Act binds all persons

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

Division 2 Interpretation

5   Definitions

The dictionary in schedule 1 defines particular words used in this Act.

6   Categories of plumbing or drainage work

(1)Plumbing or drainage work consists of the following categories of work—

(a)permit work;

(b)notifiable work;

(c)minor work;

(d)unregulated work.

(2)Permit work is plumbing or drainage work prescribed by regulation as permit work.

(3)Notifiable work is plumbing or drainage work prescribed by regulation as notifiable work.

(4)Minor work is plumbing or drainage work prescribed by regulation as minor work.

(5)Unregulated work is plumbing or drainage work prescribed by regulation as unregulated work.

7   The Queensland Plumbing and Wastewater Code

(1)The Queensland Plumbing and Wastewater Code is the document called ‘Queensland Plumbing and Wastewater Code’ made by the chief executive and published on the department’s website, as amended from time to time.

(2)The Queensland Plumbing and Wastewater Code does not take effect under this Act until it is approved by regulation.

8   The Plumbing Code of Australia

The Plumbing Code of Australia is the document in force from time to time called ‘National Construction Code, volume 3—Plumbing Code of Australia’ published by the Australian Building Codes Board.

9   Code requirements

(1)The code requirements, for plumbing or drainage work, are the requirements about the plumbing or drainage work under—

(a)the Queensland Plumbing and Wastewater Code; and

(b)a provision of the Plumbing Code of Australia prescribed by regulation; and

(c)a part of the Queensland Development Code prescribed by regulation; and

(d)the local laws of a local government relating to plumbing or drainage that are not inconsistent with this Act.

(2)If the Queensland Plumbing and Wastewater Code is inconsistent with a provision of the Plumbing Code of Australia or a part of the Queensland Development Code prescribed under subsection (1), the Queensland Plumbing and Wastewater Code prevails to the extent of the inconsistency.

(3)If a provision of the Plumbing Code of Australia is inconsistent with a part of the Queensland Development Code prescribed under subsection (1), the part prevails to the extent of the inconsistency.

(4)A regulation may prescribe how plumbing or drainage work, or a plan for plumbing or drainage work, can comply with the code requirements for the work.

10   References to plumbing or drainage work

In this Act, a reference to plumbing or drainage work is taken to include plumbing or drainage that results from, or is affected by, the plumbing or drainage work, to the extent the context permits.

11   References to local governments

For administering this Act within an area, a reference in this Act to a local government is taken to be a reference to the entity administering this Act within the area under section 135.

Part 2    Licensing

Division 1 Classes of licences

12   Classes of licences

(1)The commissioner may grant—

(a)a plumbers licence; or

(b)a drainers licence; or

(c)a restricted licence.

(2)The commissioner may grant a provisional licence for each class of licence mentioned in subsection (1).

Note—

The commissioner may make an endorsement on a licence under section 25.

13   Work that may be carried out under licences

(1)The holder of a plumbers licence may carry out only the plumbing work for which the licence is granted.

(2)The holder of a drainers licence may carry out only the drainage work for which the licence is granted.

(3)The holder of a restricted licence may carry out only the plumbing or drainage work for which the licence is granted.

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

(5)The scope of work for a particular class of licence is the scope of work prescribed by regulation for the licence.

(6)This section is subject to section 25.

Division 2 Granting licences

14   Qualifications and practical experience required for licence

The chief executive must—

(a)decide the qualifications and practical experience that an individual must have to be granted a licence; and

(b)publish on the department’s website the required qualifications and practical experience for the licence.

15   Entitlement to licence

(1)An individual is entitled to a licence if, on application by the individual, the commissioner is satisfied the individual has the qualifications and practical experience for the licence.

(2)However, the individual is not entitled to a licence if—

(a)the individual holds an interstate or New Zealand licence that is suspended; or

(b)the individual—

(i)held an interstate or New Zealand licence that was cancelled; and

(ii)does not hold an interstate or New Zealand licence that is in force.

16   Application for licence

An application for a licence must—

(a)be made to the commissioner; and

(b)be in the approved form; and

(c)be accompanied by—

(i)evidence of the applicant’s qualifications and practical experience; and

(ii)the fee prescribed by regulation; and

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

Note—

An application for a licence and an application for an endorsement on a licence may be made at the same time. See section 27.

17   Inquiry about applicant

(1)The commissioner may investigate an applicant, including whether or not the applicant has been convicted of an offence against this Act or the repealed Act.

(2)The commissioner may, by notice given to the applicant within 20 business days after the commissioner receives the application, require the applicant within a reasonable period of at least 20 business days stated in the notice—

(a)to give the commissioner the further information the commissioner reasonably requires to decide the application; and

(b)to undergo a written, oral or practical examination at a reasonable place to assess the applicant’s ability to competently practise the plumbing and drainage trade.

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

(4)The applicant is taken to have withdrawn the application if the applicant does not comply with the notice within the stated period.

18   Extending decision period for application

(1)This section applies if the commissioner needs to extend the decision period for an application for a licence because of the complexity of the issues that must be considered in deciding the application.

Example—

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

(2)The commissioner may at any time before the end of the decision period give notice to the applicant that—

(a)because of the complexity of the issues that must be considered in deciding the application, the commissioner needs to extend the decision period; and

(b)the period within which the commissioner must decide the application is extended to a stated day that is 20 business days after the end of the decision period.

(3)Also, the applicant and commissioner may, at any time before the end of the decision period for the application, agree in writing on a day by which the application must be decided.

(4)In this section—

decision period, for an application for a licence, means 20 business days after the commissioner receives—

(a)if the applicant was required to give information under section 17(2)(a)—the information; or

(b)if the applicant was required to undergo an examination under section 17(2)(b)—the results of the examination; or

(c)otherwise—the application.

19   Deciding application

(1)The commissioner must consider an application for a licence and decide to—

(a)grant the licence; or

(b)grant a provisional licence for the class of licence applied for; or

(c)refuse to grant a licence.

(2)The commissioner may grant a provisional licence to the applicant only if—

(a)the commissioner reasonably believes the applicant needs more practical experience before being granted the licence applied for; or

(b)the commissioner reasonably believes the applicant does not have the qualifications required under section 15(1), but does have enough practical experience to be able to carry out work under the provisional licence; or

(c)the applicant holds a corresponding licence; or

(d)the commissioner reasonably believes the applicant has the qualifications and practical experience required under section 15(1), but requires evidence, or further evidence, of the qualifications and experience to be given to the commissioner.

(3)If, at the end of the decision period for the application, the commissioner has failed to decide the application, the failure is taken to be a decision to refuse to grant a licence.

(4)In this section—

corresponding licence means—

(a)an interstate or New Zealand licence; or

(b)a licence, however called, issued in another country, that authorises the applicant to carry out the work to which the application relates.

decision period, for an application for a licence, means—

(a)if there is no extended period or agreed day for deciding the application under section 18—20 business days after the commissioner receives—

(i)if the applicant was required to give information under section 17(2)(a)—the information; or

(ii)if the applicant was required to undergo an examination under section 17(2)(b)—the results of the examination; or

(iii)otherwise—the application; or

(b)if there is an extended period or agreed day for deciding the application under section 18—the extended period or the period ending on the agreed day.

20   Imposing conditions on licence

The commissioner may grant a licence on the conditions the commissioner considers necessary or desirable for the licensee to competently practise the plumbing and drainage trade.

21   Steps to be taken after application decided

(1)If the commissioner decides to grant a licence to an applicant, the commissioner must as soon as practicable issue a licence to the applicant.

(2)Subsection (3) applies if the commissioner decides to—

(a)grant a licence on conditions; or

(b)grant a provisional licence; or

(c)refuse to grant a licence.

(3)The commissioner must give the applicant an information notice about the decision as soon as practicable after making the decision.

Note—

For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3.

(4)If the commissioner grants a licence on conditions, the information notice must also state the non-review period for the conditions.

(5)If the commissioner decides to refuse to grant a licence or the application is withdrawn, the commissioner must refund the application fee paid, less the amount of the cost to the commissioner of processing the application.

22   Form of licence

A licence must state—

(a)the licensee’s name; and

(b)the expiry date of the licence; and

(c)the licence number; and

(d)the licence class; and

(e)any conditions of the licence.

23   Duration of licence

A licence remains in force for the period stated in the licence of not more than—

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

(b)for another licence—5 years.

Division 3 Upgrading provisional licences

24   Commissioner may upgrade provisional licence

(1)This section applies if—

(a)an individual applied for a licence; and

(b)the commissioner granted a provisional licence to the individual; and

(c)the individual’s provisional licence has not expired; and

(d)the individual satisfies the commissioner about an issue that caused the commissioner to grant the provisional licence to the individual instead of the licence applied for.

(2)The commissioner may, without another application being made under division 2, grant the individual the licence originally applied for, with or without any conditions imposed on the provisional licence.

(3)The provisional licence is cancelled if a licence is granted under subsection (2).

Division 4 Endorsements

25   Endorsements on licences

(1)The commissioner may make an endorsement on a licence that the holder of the licence may carry out particular plumbing or drainage work.

(2)The scope of work for a particular endorsement on a licence is the scope of work prescribed by regulation for the endorsement.

(3)The holder of a licence that has an endorsement may carry out the particular plumbing or drainage work for which the endorsement is made on the licence in addition to the plumbing or drainage work for which the licence is granted.

(4)An endorsement on a licence remains in force for the period stated on the licence for the endorsement but no longer than the period for which the licence remains in force.

26   Qualifications and practical experience required for endorsement

The chief executive must—

(a)decide the qualifications and practical experience that an individual must have for an endorsement to be made on the individual’s licence; and

(b)publish on the department’s website the required qualifications and practical experience for the endorsement.

27   Entitlement to endorsement

(1)An individual is entitled to an endorsement on a licence if, on application by the individual, the commissioner is satisfied the individual has the qualifications and practical experience for the endorsement.

(2)A licensee may apply to the commissioner for an endorsement on the licensee’s licence at any time.

(3)An individual who has applied for a licence may, together with or after making the application, apply for an endorsement on the licence if the licence is issued.

28   Application for endorsement

An application for an endorsement to be made on a licence must—

(a)be made to the commissioner; and

(b)be in the approved form; and

(c)be accompanied by—

(i)evidence of the applicant’s qualifications and practical experience; and

(ii)the fee prescribed by regulation.

29   Deciding application

(1)The commissioner must consider an application for an endorsement to be made on a licence and decide to—

(a)grant the application; or

(b)refuse to grant the application.

(2)If the commissioner decides to refuse to grant the application, the commissioner must give the applicant an information notice about the decision as soon as practicable after making the decision.

Note—

For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3.

Division 5 Renewing licences

30   Notice of expiry of licence

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

31   Application to renew licence

(1)A licensee, other than a provisional licensee, may apply to the commissioner to renew the licensee’s licence.

(2)The application must—

(a)be made before the licence expires; and

(b)be in the approved form; and

(c)be accompanied by the fee prescribed by regulation.

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

(a)is retired; and

(b)does not intend to carry out plumbing or drainage work for payment after the licence is renewed.

(4)If a licensee applies to renew the licensee’s licence on or before the day it would otherwise expire, the licence continues in force from the day the licence would have expired until the day a new licence is issued to the applicant under section 32(1).

(5)However, subsection (4) does not apply to a licence that is suspended or otherwise ends under this Act.

(6)If a licensee does not apply to renew the licensee’s licence on or before the day the licence expires, the licence expires at the end of the day.

(7)Subsection (6) applies whether or not the commissioner has complied with section 30 in relation to the expiry.

(8)If an application does not comply with subsection (2), the commissioner must, as soon as practicable, tell the applicant how the application does not comply.

32   Deciding application

(1)If an application to renew a licence complies with section 31(2), the commissioner must, as soon as practicable, issue a new licence to the applicant.

(2)The licence is subject to the same conditions as the licence that expired or is due to expire.

(3)If the application does not comply with section 31(2), the commissioner must—

(a)refuse to renew the licence; and

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

(4)If an endorsement was made on the licence that expired or is due to expire, the commissioner must make the endorsement on the renewed licence unless the commissioner is satisfied the licensee is no longer entitled to have the endorsement made on the licence.

Note—

For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3.

Division 6 Restoring expired licences

33   Application to restore licence

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

(2)The application must—

(a)be made within 1 year after the day the licence expired; and

(b)be in the approved form; and

(c)be accompanied by the fee prescribed by regulation.

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

(a)is retired; and

(b)does not intend to carry out plumbing or drainage work for payment after the licence is restored.

(4)If the application does not comply with subsection (2), the commissioner must, as soon as practicable, tell the applicant how the application does not comply.

34   Deciding application

(1)If an application to restore a licence complies with section 33(2), the commissioner must, as soon as practicable, restore the licence to the applicant.

(2)The licence is subject to the same conditions as the licence that expired.

(3)If the application does not comply with section 33(2), the commissioner must—

(a)refuse to restore the licence; and

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

(4)If an endorsement was made on the licence that expired, the commissioner must make the endorsement on the restored licence unless the commissioner is satisfied the licensee is no longer entitled to have the endorsement made on the licence.

Note—

For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3.

Division 7 Reviewing licence conditions

35   Review of licence conditions started by licensee

(1)A licensee may apply to the commissioner for a review of the conditions of the licensee’s licence.

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

(a)during the non-review period for the conditions; or

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

(3)The application must—

(a)be in the approved form; and

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

36   Review of licence conditions started by commissioner

(1)This section applies if, during the non-review period for the conditions of a licence, the commissioner reasonably believes the conditions may no longer be appropriate.

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

37   Requiring further information to decide application

(1)For making a decision about reviewing the conditions of a licence, the commissioner may, by notice given to the licensee, require the licensee to give the commissioner, within a stated period, the further information the commissioner reasonably requires to make the decision.

(2)The stated period must be at least 20 business days.

(3)The commissioner may require the information to be verified by a statutory declaration.

(4)The commissioner must give the notice to the licensee within—

(a)if the review is started by application of the licensee—40 business days after receiving the application; or

(b)if the review is started by agreement between the commissioner and the licensee—20 business days after making the agreement.

(5)If the licensee fails to comply with the notice within the stated period—

(a)for a review started by application of the licensee—the application is taken to be withdrawn; and

(b)for a review started by agreement between the commissioner and the licensee—the commissioner is taken to have decided to confirm the conditions.

38   Decision on review of licence conditions

(1)After reviewing the conditions of a licence, the commissioner must decide to—

(a)confirm the conditions; or

(b)change the conditions; or

(c)remove the conditions.

(2)In making the decision, the commissioner must consider whether the conditions remain necessary or desirable for the licensee to competently carry out plumbing or drainage work.

(3)The commissioner may confirm or change the conditions only for the reasons the conditions were first imposed.

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

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

(b)give the licensee an information notice about the decision that also states the non-review period.

Note—

For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3.

(5)If the commissioner decides to change the conditions, the information notice must also direct the licensee to return the licence to the commissioner within 10 business days after receiving the notice.

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

(7)The commissioner is taken to confirm the conditions if the commissioner fails to make a decision about the review within 40 business days after—

(a)if the review is started by application of the licensee—receiving the application; or

(b)if the review is started by agreement between the commissioner and the licensee—making the agreement.

(8)However, if the commissioner required the licensee to give the commissioner further information for the review, the commissioner is not taken to confirm the conditions until the end of 40 business days after receiving the information.

39   When decision takes effect

(1)The commissioner’s decision takes effect when—

(a)if the commissioner decides to confirm the conditions—the decision is made; or

(b)if the commissioner decides to change the conditions—an information notice about the decision is given to the licensee; or

(c)if the commissioner decides to remove the conditions—notice of the decision is given to the licensee.

(2)The effect of a change or removal of conditions does not depend on the licence being amended to record the change or removal.

40   Returning licence for amendment or replacement

(1)This section applies if a licensee receives—

(a)an information notice, under section 38(4)(b), about a decision to change a condition; or

(b)a notice, under section 38(6), about a decision to remove a condition.

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

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 a replacement licence to the licensee.

Division 8 Other provisions about licences

41   Register of licensees

(1)The commissioner must keep a register of licensees.

(2)The register must contain, for each licensee, the particulars prescribed by regulation.

(3)The register must be kept in the way the commissioner considers appropriate, including, for example, in an electronic form.

(4)A regulation may provide that the commissioner must make information in the register available to the public on QBCC’s website.

(5)However, any publicly available part of the register must not include the residential or email address, phone number or signature of a licensee.

42   Replacing licence

(1)A licensee may apply to the commissioner to replace the licensee’s licence if it is lost, stolen, destroyed or damaged.

(2)The application must—

(a)be in the approved form; and

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

(3)If the commissioner is satisfied the licence has been lost, stolen, destroyed or damaged, the commissioner must issue a replacement licence to the applicant.

43   Obtaining certified copy of licence

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

44   Notice of change in circumstances

(1)This section applies if any of the following changes happens for a licensee—

(a)the licensee’s name, residential or email address or phone number changes;

(b)the licensee is convicted of an offence against this Act or the repealed Act;

(c)if the licensee holds an interstate or New Zealand licence—

(i)a condition is imposed on the licence; or

(ii)the licence is suspended or cancelled.

(2)The licensee must give the commissioner notice of the change within 20 business days after the change.

Maximum penalty—

(a)if the offence relates to a change of name, address or phone number—1 penalty unit; or

(b)if the offence relates to another change—10 penalty units.

(3)The notice must be given in the way approved by the commissioner.

45   Notice of particular events to licensing authorities and other entities

(1)If the commissioner is aware a licensee is licensed by an interstate or New Zealand licensing authority, and any of the following events happen for the licensee, the commissioner must give notice of the event to the licensing authority—

(a)a licence is cancelled;

(b)a licence is suspended;

(c)conditions are imposed on a licence;

(d)conditions on a licence are removed.

(2)Also, the commissioner may give notice of the event to any of the following entities if the commissioner reasonably believes the entity needs to know about the event—

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

(b)an employer of the licensee;

(c)another entity connected with the plumbing and drainage trade.

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

(4)The commissioner must give a copy of a notice given under this section to the licensee to whom the notice relates.

46   Licensee to have regard to particular guidelines

(1)A licensee who is carrying out plumbing or drainage work must have regard to the guidelines that are relevant to carrying out plumbing or drainage work.

Note—

See section 49(1)(c).

(2)A licensee who is supervising another licensee carrying out plumbing or drainage work must have regard to the guidelines that are relevant to licensees supervising other licensees carrying out plumbing or drainage work.

Note—

See section 49(1)(d).

(3)Subsection (4) applies to a licensee who is responsible for directly supervising—

(a)a trainee carrying out plumbing or drainage work; or

(b)an unlicensed person carrying out drainage work.

(4)The licensee must have regard to the guidelines that are relevant to licensees who are responsible for directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work.

Note—

See sections 49(1)(d) and 59(3).

Division 9 Audit programs and auditing licensees

47   Approved audit program

(1)The commissioner may prepare and approve an audit program under which the commissioner may audit licensees to find out if they have been complying with the requirements under section 83 after finishing notifiable work.

(2)The approved audit program must state—

(a)the purpose of the program; and

(b)when the program starts; and

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

(d)criteria for selecting licensees who are to be audited; and

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

(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 may be inspected at QBCC’s head office.

(4)The commissioner must publish the approved audit program on QBCC’s website before the program starts.

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

48   Supplying documents or information

(1)This section applies if—

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

(b)the commissioner reasonably suspects, because of information received by the commissioner, a licensee is not, or has not been, complying with the requirements under section 83 after finishing notifiable work; or

(c)a person (an employer) who conducts a business carrying out plumbing or drainage work 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 notice to the licensee or employer requiring the licensee or employer 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 the licensee or employed licensee is, or has been, complying with the requirements under section 83.

Examples of documents—

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

(4)Also, the notice must state that—

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

(b)under section 97, there is a limited immunity against the use of the information in a proceeding.

(5)The person given the notice must comply with the notice within 10 business days after receiving the notice, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(6)It is not a reasonable excuse for a person to fail to comply with the notice on the basis that complying with the notice might tend to incriminate the person or expose the person to a penalty.

(7)In this section—

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

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

Division 10 Disciplinary action

49   Grounds for disciplinary action

(1)The commissioner may take disciplinary action under section 52 against a licensee if the commissioner is satisfied the licensee has—

(a)not competently carried out, or has been involved in the unsatisfactory carrying out of, plumbing or drainage work the licensee is authorised to carry out under the licensee’s licence; or

(b)directed a person to carry out permit work in a way that does not comply with the permit, or a condition of the permit, for the work; or

(c)in carrying out plumbing or drainage work, failed to have regard to a guideline that is relevant to the work; or

(d)in supervising or directly supervising plumbing or drainage work, failed to have regard to a guideline that is relevant to the supervision of the work; or

(e)contravened a provision of this Act; or

(f)been convicted of an offence against this Act, the repealed Act or the Queensland Building and Construction Commission Act 1991.

(2)Also, the commissioner may take disciplinary action against a licensee who has an interstate or New Zealand licence if the commissioner is satisfied—

(a)the interstate or New Zealand licence has been suspended or cancelled; or

(b)a condition has been imposed on the interstate or New Zealand licence.

50   Show cause notice

(1)If the commissioner is satisfied a ground exists to take disciplinary action against a licensee, the commissioner must give the licensee a notice (a show cause notice) before taking the action.

(2)The show cause notice must—

(a)outline the facts and circumstances forming the grounds for taking the disciplinary action against the licensee; and

(b)state the types of disciplinary action that may be taken under section 52; and

(c)invite the licensee to make an oral or written submission, within a stated period of at least 20 business days after the notice is given to the licensee (the show cause period), giving reasons why the disciplinary action should not be taken; and

(d)state how to make a submission.

51   Deciding action to be taken

(1)The commissioner must consider all submissions made during the show cause period and decide to—

(a)take no disciplinary action against the licensee; or

(b)take disciplinary action against the licensee.

(2)However, subsection (3) applies if the commissioner is satisfied—

(a)a ground exists to take disciplinary action against a licensee under section 49; and

(b)it would be reasonable in the circumstances to—

(i)suspend the licensee’s licence for more than 1 year; or

(ii)cancel the licensee’s licence.

(3)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 matter.

Note—

See section 55.

52   Disciplinary action that may be taken by commissioner

(1)If the commissioner decides to take disciplinary action against a licensee, the commissioner may do 1 or more of the following—

(a)reprimand the licensee;

(b)order plumbing or drainage work be rectified to comply with—

(i)the code requirements for the work; or

(ii)if the work is permit work—the permit or any condition of the permit for the work;

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

(d)suspend the licensee’s licence for a period of not more than 1 year;

(e)require the licensee to pay an amount of not more than the equivalent of 100 penalty units to the commissioner, within a reasonable stated period.

(2)If the commissioner requires the licensee to pay an amount under subsection (1)(e) and the licensee does not pay the amount to the commissioner within the stated period, the commissioner may recover the unpaid amount from the licensee as a debt.

53   Advising licensee of decision

(1)If the commissioner decides to take no disciplinary action against the licensee, or to refer the matter to QCAT, the commissioner must give notice of the decision to the licensee.

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

Note—

For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3.

54   When suspension takes effect

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

55   Referral of particular disciplinary action to QCAT

(1)This section applies if, under section 51(3), the commissioner refers a matter to QCAT to decide whether or not to make an order against a licensee in relation to the matter.

(2)For hearing the matter, QCAT must be constituted by 3 members.

(3)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 trade.

(4)If, after hearing the matter, QCAT decides a ground exists to take disciplinary action against the licensee, QCAT may do 1 or more of the following—

(a)reprimand the licensee;

(b)order plumbing or drainage work be rectified to comply with—

(i)the code requirements for the work; or

(ii)if the work is permit work—the permit or any condition of the permit for the work;

(c)change conditions, or impose new conditions, on the licensee’s 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 an amount of not more than the equivalent of 250 penalty units to the commissioner within a reasonable stated period.

(5)In this section—

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

QCAT member means a member under the QCAT Act.

Part 3    General offences

Division 1 Offences about licences

56   Carrying out work without appropriate licence

(1)Subject to section 58, a person must not carry out plumbing or drainage work unless the person holds a licence for the work.

Maximum penalty—

(a)for a first offence—250 penalty units; or

(b)for a second offence—300 penalty units; or

(c)for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.

Note—

A person may be required to hold a contractor’s licence under the Queensland Building and Construction Commission Act 1991 in addition to a licence under this Act to lawfully carry out particular plumbing or drainage work. See section 42 of that Act.

(2)An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment commits a crime.

57   Supervising or directing work without appropriate licence

(1)Subject to section 58, a person (a supervisor) must not supervise another person carrying out plumbing or drainage work unless the supervisor holds a licence for the work.

Maximum penalty—

(a)for a first offence—250 penalty units; or

(b)for a second offence—300 penalty units; or

(c)for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.

(2)Subject to section 58, a licensee must not supervise another person carrying out plumbing or drainage work unless the other person holds a licence for the work.

Maximum penalty—

(a)for a first offence—250 penalty units; or

(b)for a second offence—300 penalty units; or

(c)for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.

(3)Subject to section 58, a licensee must not direct another person to carry out plumbing or drainage work unless the other person holds a licence for the work.

Maximum penalty—

(a)for a first offence—250 penalty units; or

(b)for a second offence—300 penalty units; or

(c)for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.

(4)For subsections (1) and (2), a person (a consumer) is taken not to supervise another person carrying out plumbing or drainage work only because the consumer entered into a contract for carrying out the plumbing or drainage work, other than a contract of employment.

(5)An individual who contravenes subsection (1), (2) or (3) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment commits a crime.

58   Exemptions for ss 56 and 57

(1)A person does not commit an offence against section 56 or 57(1), (2) or (3) if—

(a)the plumbing or drainage work is unregulated work; or

(b)the person is a trainee carrying out the plumbing or drainage work and a licensed person for the work is responsible for directly supervising the trainee carrying out the work; or

(c)the person is an unlicensed person carrying out the drainage work and a licensed person for the work is responsible for directly supervising the unlicensed person carrying out the work; or

(d)the person is an authorised person carrying out plumbing work that is removing, repairing or replacing a prescribed water meter, and any related work; or

(e)the plumbing or drainage work is manufacturing—

(i)a WaterMark product, other than a prohibited WaterMark product; or

(ii)a treatment plant.

(2)For subsection (1)(b) or (c), a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work, or an unlicensed person carrying out drainage work, if the licensee—

(a)is the trainee’s or unlicensed person’s employer; or

(b)is directed by the trainee’s or unlicensed person’s employer to directly supervise the trainee or unlicensed person.

(3)In this section—

authorised person means an authorised person of a service provider under the Water Supply (Safety and Reliability) Act 2008.

prescribed water meter means a water meter for measuring the volume of water supplied to—

(a)a lot under the Land Title Act 1994, other than a lot—

(i)included in a community titles scheme under the Body Corporate and Community Management Act 1997; or

(ii)shown on a building units plan or group titles plan under the Building Units and Group Titles Act 1980; or

(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994; or

(c)the site of a mixed use scheme under the Mixed Use Development Act 1993; or

(d)a primary thoroughfare or secondary thoroughfare under the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985; or

(e)a premises group within the meaning of the Water Supply (Safety and Reliability) Act 2008, schedule 3.

59   Directly supervising trainees or unlicensed persons

(1)If a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work or an unlicensed person carrying out drainage work under section 58(1)(b) or (c), the licensee must—

(a)provide direction to the trainee or unlicensed person on how to carry out the work; and

(b)ensure the work complies with this Act.

Maximum penalty—100 penalty units.

(2)For subsection (1), a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work, or an unlicensed person carrying out drainage work, if the licensee—

(a)is the trainee’s or unlicensed person’s employer; or

(b)is directed by the trainee’s or unlicensed person’s employer to directly supervise the trainee or unlicensed person.

(3)A licensee contravenes subsection (1) if the licensee fails to have regard to a guideline that is relevant to licensees directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work.

60   Contravening licence conditions

A licensee must not contravene a condition of the licensee’s licence.

Maximum penalty—100 penalty units.

61   Limits on provisional licensees

(1)A provisional licensee must not carry out plumbing or drainage work under the licensee’s provisional licence unless supervised by a person who holds a licence to carry out the work.

Maximum penalty—100 penalty units.

(2)This section does not apply to plumbing or drainage work that is work mentioned in section 58(1)(a), (d) or (e).

62   Returning suspended or cancelled licence

(1)This section applies if the commissioner or QCAT suspends or cancels a licence.

(2)The licensee must return the licence to the commissioner within 10 business days after receiving an information notice about the suspension or cancellation, unless the licensee has a reasonable excuse.

Maximum penalty—10 penalty units.

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

(4)In this section—

licensee, for a cancelled licence, means the person who was the licensee for the licence while the licence was in force.

63   Surrendering licence

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

(2)The surrender takes effect—

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

(b)if a later day 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—10 penalty units.

Division 2 Offences about carrying out plumbing or drainage work

64   Complying with code requirements for plumbing and drainage work

(1)A person who carries out plumbing or drainage work must ensure the work complies with the code requirements for the work.

Maximum penalty—100 penalty units.

(2)A person who prepares a plan for plumbing or drainage work must ensure the plan complies with the code requirements for the work.

Maximum penalty—100 penalty units.

(3)It is irrelevant for an offence against subsection (1) or (2) whether a permit was issued for the plumbing or drainage work.

Note—

See sections 9 and 46.

65   Installing things as part of plumbing or drainage work

(1)A person must not install, as part of plumbing or drainage work, a thing unless the thing is—

(a)a WaterMark product that—

(i)complies with the code requirements for plumbing or drainage work; and

(ii)is not a prohibited WaterMark product; or

(b)if the thing is all or part of a secondary on-site sewage treatment plant—a thing for which a treatment plant approval has been granted; or

(c)if the thing is all or part of an on-site sewage treatment plant other than a secondary on-site sewage treatment plant—a thing that complies with the code requirements for plumbing or drainage work; or

Example—

septic tank

(d)an environmentally relevant on-site sewage facility; or

(e)if the thing is all or part of a greywater treatment plant—

(i)a thing for which a treatment plant approval has been granted; or

(ii)a thing used to treat greywater for a use prescribed under section 79(5)(b); or

(f)a thing prescribed by regulation as a thing that is approved for installation as plumbing or drainage.

Maximum penalty—100 penalty units.

(2)In this section—

secondary on-site sewage treatment plant means an on-site sewage treatment plant that produces effluent of a quality equal to or higher than secondary quality effluent.

secondary quality effluent see the Queensland Plumbing and Wastewater Code.

66   Permit required for permit work

(1)A person must not carry out permit work unless—

(a)a permit has been issued for the work; and

(b)the person carries out the work in compliance with the permit and any conditions of the permit.

Maximum penalty—250 penalty units.

(2)A person must not direct another person to carry out permit work unless a permit has been issued for the work.

Maximum penalty—250 penalty units.

(3)In a proceeding for an offence against subsection (2), it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the work the person is directing another person to carry out is permit work.

67   Directing persons to carry out non-compliant work

(1)A person must not direct another person to carry out plumbing or drainage work in a way that does not comply with the code requirements for the work.

Maximum penalty—100 penalty units.

(2)In a proceeding for an offence against subsection (1), it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the way in which the person is directing another person to carry out plumbing or drainage work does not comply with the code requirements for the work.

(3)A person must not direct another person to install, as part of plumbing or drainage work, a thing unless the thing is a thing mentioned in section 65(1)(a) to (f).

Maximum penalty—100 penalty units.

(4)In a proceeding for an offence against subsection (3), it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the thing the person is directing another person to install, as part of plumbing or drainage work, is not a thing mentioned in section 65(1)(a) to (f).

Note—

See sections 9 and 46.

68   Polluting water service provider’s water service or sewerage service provider’s sewerage system

(1)In carrying out plumbing work, a person must not do anything likely to pollute water in a water service provider’s water service.

Maximum penalty—250 penalty units.

(2)In carrying out drainage work, a person must not do anything likely to pollute a sewerage service provider’s sewerage system.

Maximum penalty—250 penalty units.

Division 3 Offences about use restrictions

69   Using plumbing or drainage before inspection certificate or final inspection certificate issued for permit work

(1)A person must not use plumbing or drainage that is the result of permit work, unless an inspection certificate or final inspection certificate has been issued for the permit work stating—

(a)the work the subject of the certificate is compliant; and

(b)the plumbing or drainage resulting from work the subject of the certificate is operational and fit for use.

Example—

A permit is given to a plumber for permit work for a new house. After inspecting the permit work for the ensuite, an inspector gives the plumber an inspection certificate for the work stating the plumbing work and drainage work for the ensuite is compliant and the toilet, shower and basin are operational and fit for use. A person does not contravene this section if the person uses the toilet, shower or basin in the ensuite after the inspection certificate is given.

When the remainder of the permit work for the house is completed and after inspecting the work, an inspector gives the plumber a final inspection certificate for the work stating all the plumbing work and drainage work for the house is compliant and all the plumbing and drainage is operational and fit for use. A person does not contravene this section if the person uses a toilet, shower, basin, sink or any other plumbing or drainage that is the result of the permit work after the final inspection certificate is given.

Maximum penalty—250 penalty units.

(2)For subsection (1), plumbing or drainage work is compliant if the work complies with the matters prescribed by regulation.

(3)This section does not apply to the following persons when testing the functionality of the plumbing or drainage, or checking the operation of a water supply system to confirm the system is operational and fit for use and that the apparatus installed in the system are functioning correctly—

(a)a licensee carrying out the permit work;

(b)a licensee supervising the carrying out of the permit work;

(c)an inspector.

70   Owner’s obligation for operating and maintaining plumbing and drainage

(1)The owner of premises must take all reasonable steps to ensure all plumbing and drainage on the premises is kept in good condition and operates properly.

Maximum penalty—250 penalty units.

(2)If a permit has been issued for permit work for plumbing or drainage on premises, the owner of the premises must ensure the plumbing or drainage is operated and maintained in compliance with the conditions of the permit.

Maximum penalty—250 penalty units.

Division 4 Prohibitions on removing or tampering with particular devices

71   Backflow prevention devices

Unless authorised under this Act or another Act, a person must not—

(a)remove a backflow prevention device installed at premises; or

(b)do anything to a backflow prevention device installed at premises that makes the device inoperable.

Maximum penalty—250 penalty units.

72   Temperature control devices

(1)Unless authorised under this Act or another Act, a person must not—

(a)remove a temperature control device installed at premises; or

(b)do anything to a temperature control device installed at premises that makes the device inoperable.

Maximum penalty—250 penalty units.

(2)In this section—

temperature control device means—

(a)a mixing valve that automatically controls the temperature from a mixed water outlet to a preselected temperature using a thermostatic element or sensor; or

(b)a mixing valve that is temperature activated and used to control a hot water supply with cold water to deliver hot water at a lower temperature at 1 or more outlet fixtures; or

(c)another device installed to deliver hot water at a lower temperature at 1 or more outlet fixtures.

73   Tampering with water meter

(1)A person must not tamper with a water meter.

Maximum penalty—250 penalty units.

(2)In this section—

tamper, with a water meter, includes tamper with the plumbing associated with the water meter in a way that may hinder the capacity of the meter to accurately measure the volume of water supplied to premises.

Division 5 Discharge and disposal offences

74   Discharging toilet waste and water

(1)The owner of premises must ensure waste and water from a toilet or soil fixture on the premises is discharged into—

(a)for premises in a sewered area—

(i)the sewerage system for the area; or

(ii)if the premises have an on-site sewage treatment plant for which there is a treatment plant testing approval—the on-site sewage treatment plant; or

(iii)if the premises have a holding tank for the storage of the waste and water from a toilet or soil fixture on the premises installed under a permit and the period stated in the permit has not ended—the holding tank; or

(b)for other premises—

(i)an on-site sewage facility; or

(ii)an environmentally relevant on-site sewage facility.

Maximum penalty—250 penalty units.

(2)In this section—

soil fixture see the glossary.

toilet includes a bidet.

75   Permissible and prohibited discharges

(1)A person must not discharge waste into an on-site sewage facility unless the waste is sewage that the facility is designed to receive.

Maximum penalty—250 penalty units.

(2)A person must not discharge a prohibited substance into an on-site sewage facility.

Maximum penalty—250 penalty units.

(3)However, a person does not contravene subsection (2) only because the person discharges a substance that has a temperature greater than 38ºC into an on-site sewage facility if—

(a)the substance was used for cooking food or cleaning; and

(b)the substance is discharged into the on-site sewage facility via a fixture on the premises on which the on-site sewage facility is installed.

(4)In this section—

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 sewage 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, stormwater, or 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 sewage facility, of—

(i)inhibiting or interfering with a sewage treatment process; or

(ii)causing damage or a hazard to an on-site sewage facility; or

(iii)causing a hazard for humans or animals; or

(iv)creating a hazard in waters into which the substance is discharged; or

(v)creating a public nuisance; or

(vi)contaminating the environment in places where effluent or sludge from a sewage treatment plant is discharged or reused; or

Example for 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 greater than—

(i)if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or

(ii)otherwise—38ºC.

76   Disposing of contents of on-site sewage facility

(1)A person must dispose of effluent from an on-site sewage facility installed on premises only—

(a)if the facility is installed only for testing purposes—in a way stated in the permit for the installation of the facility; or

(b)otherwise—

(i)to common effluent drainage; or

(ii)in a way stated in the permit for the installation of the facility.

Maximum penalty—250 penalty units.

(2)The person must ensure—

(a)the effluent does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and

(b)any ponding or run-off of the effluent does not cause a danger or health risk to anyone; and

(c)any ponding or run-off of the effluent is contained—

(i)if there is a land application area for the effluent—on the land application area; or

(ii)otherwise—on the premises.

Maximum penalty—100 penalty units.

(3)A person must dispose of the contents, other than effluent, of an on-site sewage facility only to a place, and in a way, stated in the permit for the installation of the facility.

Example of contents other than effluent—

sludge

Maximum penalty—250 penalty units.

(4)This section does not apply to effluent or other contents removed from an on-site sewage facility for testing.

77   Disposing of contents of greywater treatment plant

A person must not dispose of the contents of a greywater treatment plant into the sewerage system for the area in which the plant is located, unless the person has the local government’s approval.

Example of contents—

sludge

Maximum penalty—100 penalty units.

78   Discharging kitchen greywater

(1)The owner of premises must ensure kitchen greywater from plumbing or drainage on the premises is discharged into—

(a)for premises in a sewered area—

(i)the sewerage system for the area; or

(ii)if the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—the holding tank; or

(b)for premises not in a sewered area—

(i)a greywater use facility that includes a greywater treatment plant; or

(ii)an on-site sewage facility; or

(iii)an environmentally relevant on-site sewage facility.

Maximum penalty—250 penalty units.

(2)If the premises are not in a sewered area, the owner of the premises must ensure—

(a)the greywater does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and

(b)any ponding or run-off of the greywater does not cause a danger or health risk to anyone; and

(c)any ponding or run-off of the greywater is contained—

(i)if there is a land application area for the greywater—on the land application area; or

(ii)otherwise—on the premises.

Maximum penalty—100 penalty units.

79   Discharging and using greywater, other than kitchen greywater

(1)This section applies to greywater, other than kitchen greywater, from plumbing and drainage on premises.

(2)The owner of the premises must ensure—

(a)the greywater does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and

(b)any ponding or run-off of the greywater does not cause a danger or health risk to anyone; and

(c)any ponding or run-off of the greywater is contained—

(i)if there is a land application area for the greywater—on the land application area; or

(ii)otherwise—on the premises.

Maximum penalty—100 penalty units.

(3)If the premises are in a sewered area, the owner of the premises must ensure the greywater is discharged—

(a)into a greywater use facility; or

(b)onto a garden or lawn on the premises using a hose or bucket; or

(c)into the sewerage system for the area; or

(d)if the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—into the holding tank.

Maximum penalty—250 penalty units.

(4)If the premises are not in a sewered area, the owner of the premises must ensure the greywater is discharged—

(a)into a greywater use facility; or

(b)onto a garden or lawn on the premises using a hose or bucket; or

(c)into an on-site sewage facility; or

(d)into an environmentally relevant on-site sewage facility.

Maximum penalty—250 penalty units.

(5)Also, the owner of premises in a sewered area must ensure the greywater is used on the premises only for—

(a)if the greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises for which a treatment plant approval has been granted—

(i)washing a vehicle, path or exterior wall of the premises; or

(ii)flushing a toilet; or

(iii)supplying cold water to a washing machine; or

(iv)supplying a closed loop laundry system; or

(v)irrigating a garden or lawn; or

(b)a use prescribed by regulation but only if—

(i)the greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises; and

(ii)the plant meets the capacity prescribed by regulation; and

(iii)the greywater is treated to the standard prescribed by regulation; and

(iv)the use, greywater, facility or plant meet other requirements prescribed by regulation; or

(c)otherwise—irrigating a garden or lawn.

Maximum penalty—250 penalty units.

80   Stormwater installation not to be connected to on-site sewage facility or sanitary drain

(1)The owner of premises must not allow any part of a stormwater installation for the premises to be connected to—

(a)an on-site sewage facility; or

(b)a sanitary drain.

Maximum penalty—250 penalty units.

(2)If an owner of premises becomes aware that a part of a stormwater installation for the premises is connected to an on-site sewage facility or sanitary drain, the owner must take all necessary steps to disconnect the stormwater installation from the facility or drain as soon as practicable.

Maximum penalty—250 penalty units.

(3)In this section—

stormwater installation, for premises—

(a)means roof gutters, downpipes, subsoil drains and stormwater drainage for the premises; but

(b)does not include any part of a local government’s stormwater drainage.

Division 6 Offences relating to finishing notifiable work

81   Who is a relevant person for notifiable work

A relevant person for notifiable work is—

(a)if the work is being carried out by or for a public sector entity or an entity mentioned in section 135(2)—the entity; or

(b)if a licensed contractor supervises the carrying out of, or directs another person to carry out, the work, whether or not the contractor is also a licensee for the work—the contractor; or

(c)if 1 licensee supervises the carrying out of, or directs another person to carry out, the work—the licensee; or

(d)if 2 or more licensees jointly or separately supervise the carrying out of, or direct another person to carry out, the work—1 of the licensees; or

(e)otherwise—the licensee who carries out the work.

82   When notifiable work is finished

(1)Notifiable work is finished when—

(a)if payment is to be made for the work—an invoice for the work is given to the person who asked for the work to be carried out; or

(b)otherwise—the work becomes operational.

(2)However, subsections (3) and (4) apply if notifiable work is carried out with other notifiable work as part of 1 transaction.

(3)If payment is to be made for all or part of the work, any notifiable work for which payment is to be made is finished when an invoice for the work is given to the person who asked for the work to be carried out.

Examples—

1A plumber gives the owner of premises a quote to carry out notifiable work for the renovation of a kitchen and a bathroom. The plumber gives the owner an invoice for the notifiable work carried out for the renovation of the bathroom before the work for the renovation of the kitchen starts. The notifiable work for the renovation of the bathroom is finished when the invoice is given.

The plumber later gives the owner another invoice for the notifiable work carried out for the renovation of the kitchen. The notifiable work for the renovation of the kitchen is finished when the other invoice is given.

2A plumber gives the owner of premises a quote to carry out notifiable work for the renovation of a kitchen and a bathroom. The notifiable work for the renovation of the kitchen and bathroom is finished when the plumber gives the owner an invoice for all the work.

(4)If all or part of the work will be carried out free of charge, any notifiable work carried out free of charge is finished when the work becomes operational.

Example—

A plumber proposes to carry out notifiable work for the renovation of a kitchen and bathroom for a member of the plumber’s family. The work will be carried out free of charge. The notifiable work is finished when all the work for the renovation of the kitchen and bathroom becomes operational.

83   Action after notifiable work is finished

(1)Subject to subsection (4), within 10 business days after notifiable work is finished, the relevant person for the work must give the following to the commissioner, unless the person has a reasonable excuse—

(a)a notice, in the approved form, about the work;

(b)the fee prescribed by regulation for giving the notice.

Maximum penalty—60 penalty units.

(2)However, the relevant person is not required to comply with subsection (1) if a permit has been issued for—

(a)the notifiable work; or

(b)work that includes the notifiable work.

(3)Subject to subsection (4), within 20 business days after the notifiable work is finished, the relevant person must give a copy of the notice, and an explanatory statement, to—

(a)an occupier of the premises; or

(b)any other person who asked the relevant person to carry out the work.

Maximum penalty—60 penalty units.

(4)If the relevant person is a person mentioned in section 81(c), (d) or (e), the relevant person complies with subsection (1) or (3) if the relevant person or the relevant person’s nominated representative complies with the subsection.

(5)The commissioner must make a copy of the notice available to the local government.

(6)Making a copy of the notice available to the local government does not, of itself, require the local government to inspect the notifiable work.

(7)In this section—

explanatory statement, accompanying a copy of a notice given under this section, means a document that states—

(a)the notice was given to the commissioner; and

(b)how a person may inspect the notice; and

(c)the local government may contact an occupier to arrange for the local government to inspect the work.

Division 7 Other offences

84   False or misleading information

(1)A person must not, in relation to the administration of this Act, give an authority information the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving the information in a document—

(a)tells the authority, to the best of the person’s ability, how the document is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

(3)In this section—

authority means—

(a)the chief executive; or

(b)the commissioner; or

(c)the assistant commissioner; or

(d)the council; or

(e)a local government; or

(f)an inspector.

85   Misleading representation by builder, manufacturer or supplier of on-site sewage treatment plant

(1)This section applies to a person who builds or manufactures, or is a supplier of, an on-site sewage treatment plant.

(2)Unless a treatment plant approval is in force for the on-site sewage treatment plant, the person must not make a representation to another person that is to the effect that or that might reasonably suggest that—

(a)a treatment plant approval is in force for the plant; or

(b)the manufacture, installation, operation, service or maintenance of the plant complies with the conditions of a treatment plant approval.

Maximum penalty—100 penalty units.

(3)In this section—

supplier, of an on-site sewage treatment plant, includes a distributor or seller of on-site sewage treatment plants.

86   False advertising or misleading representation of particular things

A person must not advertise a thing as, or make a representation that a thing is, a thing mentioned in section 65(1)(a), (c), (d), (e) or (f) if it is not.

Maximum penalty—100 penalty units.

87   Obstructing inspector

(1)A person must not obstruct an inspector exercising a power under this Act, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)If a person has obstructed an inspector, or someone helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—

(a)it is an offence to cause an obstruction unless the person has a reasonable excuse; and

(b)the inspector considers the person’s conduct an obstruction.

(3)In this section—

obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.

88   Impersonating inspector

A person must not impersonate an inspector.

Maximum penalty—100 penalty units.

Part 4    Legal proceedings

Division 1 General

89   Proceedings for offences

(1)A proceeding for an offence against this Act must start within the later of the following periods to end—

(a)2 years after the commission of the offence;

(b)1 year after the offence comes to the complainant’s knowledge.

(2)A statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.

90   Who may prosecute

(1)A prosecution for an offence against this Act, other than a crime, may be started only by—

(a)the chief executive; or

(b)the commissioner; or

(c)a person authorised in writing by the Attorney-General, the chief executive or the commissioner, either generally or in a particular case, to start the prosecution; or

(d)the local government for the local government area in which the offence was allegedly committed.

(2)The authorisation required by subsection (1)(c) is to be presumed in the absence of evidence to the contrary.

Division 2 Evidence

91   Application of division

This division applies to a proceeding for an offence against this Act.

92   Appointments and authority

The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—

(a)the appointment of the chief executive, the commissioner, a member, the assistant commissioner, an investigator or an inspector;

(b)the authority of the chief executive, the commissioner, a member, the assistant commissioner, an investigator or an inspector to do anything under this Act.

93   Signatures

A signature purporting to be the signature of the Minister, the chief executive, the commissioner, a member, the assistant commissioner, an investigator or an inspector is evidence of the signature it purports to be.

94   Authentication of council documents

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

95   Other evidentiary aids

(1)A certificate purporting to be signed by the chief executive, commissioner, chairperson or assistant commissioner and stating any of the following matters is evidence of the matter—

(a)a stated document is 1 of the following things made, granted, given, issued or kept under this Act—

(i)an appointment, approval or decision;

(ii)a direction, notice or requirement;

(iii)a licence;

(iv)a record;

(v)the register of licensees;

(b)a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a);

(c)on a stated day, or during a stated period, a person’s appointment as an investigator or an inspector was, or was not, in force;

(d)on a stated day, or during a stated period, a licence—

(i)was or was not in force; or

(ii)was or was not subject to a stated condition;

(e)on a stated day, a stated person was given a stated notice or direction under this Act;

(f)on a stated day, a stated requirement was made of a stated person.

(2)A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—

(a)a stated document is a copy of, or an extract from or part of—

(i)the Plumbing Code of Australia; or

(ii)the Queensland Plumbing and Wastewater Code; or

(iii)the Queensland Development Code;

(b)an edition, version or part of a document mentioned in paragraph (a) was in force at a stated time or during a stated period.

96   Conduct of representatives

(1)If it is relevant to prove a person’s state of mind about particular conduct, it is enough to show—

(a)the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b)the representative had the state of mind.

(2)Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority, is taken to have also been engaged in by the person unless the person proves—

(a)the person was not in a position to influence the representative in relation to the conduct; or

(b)if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct.

(3)In this section—

engaging, in conduct, includes failing to engage in conduct.

representative means—

(a)for a corporation—an agent, employee or executive officer of the corporation; or

(b)for an individual—an agent or employee of the individual.

state of mind, of a person, includes the person’s—

(a)belief, intention, knowledge, opinion or purpose; and

(b)reasons for the belief, intention, opinion or purpose.

97   Evidential immunity for individuals complying with particular requirements

(1)Subsection (2) applies if an individual gives the commissioner or an investigator copies of, access to, or information about a document under section 48.

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

(3)Subsection (2) 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 proceeding against a licensee for an offence against this Act; or

(c)a disciplinary proceeding against a licensee under part 2, division 10.

Division 3 Payment of penalties and fines

98   Payment of particular penalties and fines

(1)A penalty recovered because of a proceeding for an offence against this Act for which the commissioner, or a person authorised by the commissioner, is the complainant must be paid to QBCC.

(2)A fine recovered because of an infringement notice for an offence against this Act, and for which QBCC is the administering authority, must be paid to QBCC.

(3)In this section—

administering authority, for an infringement notice, see the State Penalties Enforcement Act 1999, schedule 2.

Part 5    Administration by QBCC

Division 1 Functions of commissioner

99   Plumbing and drainage functions of commissioner

The commissioner has the following functions for the plumbing and drainage trade—

(a)administering the licensing system under part 2;

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

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

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

(e)approving audit programs and auditing licensees to monitor and enforce compliance with the requirements under section 83 after finishing notifiable work;

(f)performing any other functions given to the commissioner under this Act or the Queensland Building and Construction Commission Act 1991.

Note—

For powers of the commissioner, see the Queensland Building and Construction Commission Act 1991, section 20J(3).

Division 2 Assistant commissioner

100   Appointment of assistant commissioner

(1)There is an assistant commissioner for this Act.

(2)The assistant commissioner is—

(a)appointed by the commissioner; and

(b)employed under the Queensland Building and Construction Commission Act 1991, section 29F.

101   Functions and powers of assistant commissioner

(1)The assistant commissioner is responsible for—

(a)helping the council perform its functions; and

(b)performing a function given to the assistant commissioner under this Act or another Act.

(2)The assistant commissioner has all the powers reasonably necessary for carrying out the assistant commissioner’s responsibilities.

102   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—

(a)the administration of the licensing system under part 2, including details of licences granted by the commissioner; or

(b)the administration of part 2, division 10, including details of disciplinary action carried out by the commissioner; or

(c)offences under this Act for which the commissioner or an investigator has served an infringement notice; or

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

(2)The assistant commissioner must give the report to the chairperson as soon as practicable after the request is made.

(3)In this section—

member includes a deputy member or temporary member acting for a member.

103   Representation of the council at QCAT proceedings

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

(2)The assistant commissioner may act for the council in the proceeding.

(3)In this section—

external review application means an application under the Queensland Building and Construction Commission Act 1991, section 87.

104   Delegations

(1)The assistant commissioner may delegate the assistant commissioner’s functions under this Act, other than this power of delegation, to a QBCC officer.

(2)In this section—

function includes power.

Division 3 Service Trades Council

Subdivision 1 Establishment, functions and powers of the council

105   Establishment

The Service Trades Council established under the repealed Act, section 5 is continued.

Note—

Under the Queensland Building and Construction Commission Act 1991, section 6(c), the Service Trades Council constitutes part of QBCC.

106   Functions

The council has the following functions—

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

(b)reporting to the Minister on any issue relating to the plumbing and drainage trade—

(i)the Minister refers to the council; or

(ii)the council considers the Minister should know about;

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

(d)establishing a panel of the council to assist the commissioner to effectively and efficiently perform the commissioner’s functions under part 2, divisions 1 to 7;

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

(f)reviewing decisions of the commissioner made under section 51;

Note—

The council reviews decisions under the Queensland Building and Construction Commission Act 1991, section 86C as an internal reviewer.

(g)performing other functions relating to the plumbing and drainage trade given to the council under this Act or another Act.

107   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 this Act or another Act.

108   Delegations

(1)The council may delegate its functions under this Act, other than the following, to a QBCC officer or a panel member—

(a)its function of making an internal review decision for a decision of the commissioner under section 51;

(b)the person did not hold in the relevant period an associated occupational licence for the contractor’s licence, nominee supervisor’s licence or site supervisor’s licence.

(2)The person is taken to have held for the relevant period an associated occupational licence for the contractor’s licence, nominee supervisor’s licence or site supervisor’s licence.

(3)In this section—

associated occupational licence means—

(a)for a plumbing and drainage licence—a plumbers licence and drainers licence under the Plumbing and Drainage Regulation 2003, schedule 1, items 1 and 2; or

(b)for a drainage licence—a drainers licence under the Plumbing and Drainage Regulation 2003, schedule 1, item 2; or

(c)for a drainage—on-site sewerage facility licence (maintenance)—a drainer—on-site sewerage facility licence under the Plumbing and Drainage Regulation 2003, schedule 2, item 8, for the scope of work stated in item 8, column 4, paragraph (a) of the schedule; or

(d)for a drainage—on-site sewerage facility licence (maintenance and installation)—a drainer—on-site sewerage facility licence under the Plumbing and Drainage Regulation 2003, schedule 2, item 8, for the scope of work stated in item 8, column 4, paragraph (b) of the schedule; or

(e)for a plumbing and draining restricted to plumbing licence—a plumbers licence under the Plumbing and Drainage Regulation 2003, schedule 1, item 1; or

(f)a plumbing and draining restricted to tanks—water supply licence—a plumbers licence under the Plumbing and Drainage Regulation 2003, schedule 1, item 1.

drainage licence means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003, schedule 2, part 19.

drainage—on-site sewerage facility licence (maintenance) means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003, schedule 2, part 19A, section 1(1).

drainage—on-site sewerage facility licence (maintenance and installation) means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003, schedule 2, part 19A, section 1(2).

plumbing and drainage licence means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003, schedule 2, part 18.

plumbing and draining restricted to plumbing licence means the class of licence of that name mentioned in the Queensland Building and Construction Commission Regulation 2003, section 43.

plumbing and draining restricted to tanks—water supply licence means the class of licence of that name mentioned in the Queensland Building and Construction Commission Regulation 2003, section 43.

Division 3 Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024

174   Qualifications and practical experience

(1)A decision of the commissioner in effect under former section 14 continues in effect as if it were a decision of the chief executive under new section 14.

(2)A decision of the commissioner in effect under former section 26 continues in effect as if it were a decision of the chief executive under new section 26.

(3)In this section—

former, for a section of this Act, means the section as in force immediately before the commencement.

new, for a section of this Act, means the section as in force from the commencement.

Schedule 1 Dictionary

section 5

action notice see section 150.

apparatus—

(a)includes—

(i)a cistern, pump, siphon or valve; and

(ii)for sanitary plumbing or sanitary drainage or an on-site sewage facility—an arrestor; and

(iii)for water plumbing—a backflow prevention device, domestic water filter, tap, water heater, water meter or water softener; but

(b)does not include an appliance, fitting, fixture or straight pipe.

appliance see the glossary.

approved audit program means an audit program approved by the commissioner under section 47.

approved form means a form approved by the chief executive or commissioner under section 152.

arrestor see the glossary.

assistant commissioner means the person who holds an appointment as the assistant commissioner under section 100.

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

building means a building under the Building Act 1975.

chairperson means the person who holds an appointment as the chairperson of the council under section 115(1).

cistern see the glossary.

code requirements, for plumbing or drainage work, see section 9(1).

commissioner means the commissioner under the Queensland Building and Construction Commission Act 1991.

common effluent drainage means a sewerage system that carries effluent from 2 or more premises after the effluent is treated in 1 or more on-site sewage facilities for the premises.

connection area see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 99BO(1)(f)(i).

council means the Service Trades Council mentioned in section 105.

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 person who holds an appointment as deputy chairperson of the council under section 116(1).

deputy member means a person who holds an appointment as a deputy member under section 110(1).

disciplinary action means action mentioned in section 52(1)(a) to (e) or 55(4)(a) to (f).

drainage means—

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

(i)sewage to a sewerage system; or

(ii)sewage to, within or from an on-site sewage 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

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

(b)an on-site sewage facility.

drainage work includes installing, changing, extending, disconnecting, taking away and maintaining—

(a)drainage; or

(b)a greywater use facility; or

(c)an on-site sewage facility.

Examples—

•partly assembling sanitary drainage in a workshop

•installing sanitary drainage in premises

drinking water see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

dry-vault toilet means a system for disposing of human waste 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 help the biological degradation process.

effluent see the glossary.

endorsement means an endorsement on a licence under section 25(1).

enforcement notice see section 143(4).

environmentally relevant on-site sewage facility means a facility that—

(a)is installed on premises for treating sewage produced on the premises, and disposing of the resulting effluent—

(i)in a land application area on the premises; or

(ii)off the premises by common effluent drainage or by collection from a tank on the premises; and

(b)consists of, or includes, a sewage treatment plant the operation of which is an environmentally relevant activity under the Environmental Protection Act 1994.

final inspection certificate means a final inspection certificate as prescribed by regulation.

fitting see the glossary.

fixture see the glossary.

glossary means AS/NZS 3500 (Plumbing and drainage), part 0 (Glossary of terms), as in force from time to time.

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

greywater diversion device means a device that—

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

(b)if the device forms part of a greywater use facility—

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

(ii)allows greywater from the facility to be manually diverted from the facility to sanitary drainage.

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

greywater use facility means a facility consisting of—

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

(b)a greywater treatment plant, with or without a land application area.

grossly defective work means plumbing or drainage work on premises that—

(a)falls below the standard reasonably expected of a person who holds a licence to do the same type of work; and

(b)is likely to endanger a person’s life or physical safety, or pose a significant health risk to anyone.

Examples for paragraph (b)—

1A hot water service is installed in a house without a temperature control device resulting in a risk that an occupier of the house will be scalded by hot water.

2An on-site sewage treatment plant is not properly connected to a building resulting in a risk that untreated sewage will flow onto adjoining premises.

guideline means a guideline made by the chief executive under section 154.

holder, of a licence, means the person to whom the licence has been granted under this Act.

holding tank means a tank installed on premises for the storage, and later disposal off the premises by collection from the tank, of—

(a)waste and water from a toilet or soil fixture on the premises; or

(b)greywater; or

(c)sewage.

information includes a document.

information notice, about a decision, means a notice stating—

(a)the decision; and

(b)the reasons for the decision; and

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

(i)apply to QBCC for an internal review of the decision under the Queensland Building and Construction Commission Act 1991, part 7, division 3; or

(ii)apply to QCAT for an external review of the decision under the Queensland Building and Construction Commission Act 1991, part 7, division 3; and

(d)how to apply for a review of the decision.

infringement notice see the State Penalties Enforcement Act 1999, schedule 2.

inspection certificate means an inspection certificate as prescribed by regulation.

inspector means a person who holds an appointment as an inspector under section 139(1).

internal review decision means a decision made by the council as an internal reviewer under the Queensland Building and Construction Commission Act 1991, section 86C.

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

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

investigator means a person appointed as an investigator under the Queensland Building and Construction Commission Act 1991, section 104B(1) to investigate, monitor and enforce compliance with this Act.

kitchen greywater means greywater from—

(a)a kitchen; or

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

land application area means an area where greywater, or effluent from an on-site sewage treatment plant, is disposed of by subsurface or surface irrigation.

licence means a licence granted under this Act.

licensee means a person who holds a licence under this Act.

local government, in relation to work, a facility or premises, means the local government for the local government area in which—

(a)the work is carried out, or is to be carried out; or

(b)the facility or premises are located.

Note—

See also section 11.

member—

(a)means a person who holds an appointment as a member of the council under section 109(1); or

(b)for part 5, division 3, subdivision 3, see section 123.

non-review period, for conditions of a licence, means a period—

(a)of not more than 2 years after the decision to impose the conditions, or confirm or change the conditions, takes effect; and

(b)within which the licensee may not apply for a review of the conditions under part 2, division 7.

notice means a written notice.

notifiable work see section 6(3).

occupier, of a place, includes the following—

(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b)any person at the place who is apparently acting with the authority of a person who occupies the place;

(c)if no-one apparently occupies the place—the person who is the owner of the place.

on-site sewage facility means—

(a)a facility, other than an environmentally relevant on-site sewage facility, installed on premises, that includes—

(i)an on-site sewage treatment plant; and

(ii)either—

(A)a land application area on the premises for disposal of the effluent produced by the on-site treatment plant; or

(B)a tank for storing on the premises the effluent produced by the on-site treatment plant for later disposal off the premises by collection from the tank; or

(b)a facility, other than an environmentally relevant on-site sewage facility, installed on premises, that—

(i)includes an on-site treatment plant on the premises for treating sewage produced on the premises; and

(ii)disposes of the effluent produced by the on-site treatment plant off the premises—

(A)if the facility is installed only for testing purposes—into a sewage system; or

(B)by common effluent drainage; or

(C)in another way, stated in the permit for the installation of the facility; or

(c)a dry-vault toilet or a chemical, composting or incinerating toilet; or

(d)a holding tank for storing sewage installed on premises.

on-site sewage treatment plant means a sewage treatment plant installed on premises for treating sewage produced on the premises.

owner means—

(a)for a building or structure—the owner of the building or structure within the meaning of the Building Act 1975; or

(b)for land (whether or not a building or other structure is on the land)—the owner of the land within the meaning of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, section 14.

panel means a panel established under section 130.

panel member means a person who holds an appointment to a panel under section 131(1).

permit means a permit—

(a)that authorises the carrying out for premises of either or both the permit work or notifiable work, stated in the permit for the premises; and

(b)that is issued by—

(i)if the work is to be carried out by or for a public sector entity—

(A)the public sector entity; or

(B)the local government for the local government area in which the premises is located; or

(ii)otherwise—the local government for the local government area in which the premises is located.

permit work see section 6(2).

pipe see the glossary.

plan, for plumbing or drainage work, means a document that contains details of the plumbing or drainage work carried out, or to be carried out, on premises, and includes a pictorial representation of the work.

plumbing means—

(a)an apparatus, fitting or pipe for—

(i)supplying water to premises from a water service provider’s infrastructure or a water storage tank; or

(ii)carrying water within premises; or

(b)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 of Australia see section 8.

plumbing or drainage work means plumbing work or drainage work.

plumbing work includes—

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

(b)installing a water meter, as part of a water service provider’s infrastructure, to measure the volume of water supplied from the infrastructure to premises.

Examples—

•assembling pipes and fittings in a workshop

•installing pipes and fittings in a building

practical experience, for a licence or an endorsement, means the practical experience required for the licence or endorsement, decided by the chief executive under section 14(a) or 26(a).

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 WaterMark product means a WaterMark product prescribed by regulation as a prohibited WaterMark product.

provisional licence means a provisional licence that may be granted under section 19(1)(b).

provisional licensee means a person who holds a provisional licence.

public sector entity—

(a)means—

(i)a department or part of a department; or

(ii)an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act for a public or State purpose; or

(iii)a government owned corporation; or

(iv)a rail government entity under the Transport Infrastructure Act 1994; but

(b)does not include a distributor-retailer under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 8.

pump see the glossary.

QBCC means the Queensland Building and Construction Commission under the Queensland Building and Construction Commission Act 1991.

QBCC officer means—

(a)an officer or employee of QBCC; or

(b)an employee of another government entity performing work for QBCC under a work performance arrangement within the meaning of the Queensland Building and Construction Commission Act 1991.

qualifications, for a licence or an endorsement, means the qualifications required for the licence or endorsement, decided by the chief executive under section 14(a) or 26(a).

Queensland Development Code see the Building Act 1975, section 13.

Queensland Plumbing and Wastewater Code see section 7(1).

reasonably believes means believes on grounds that are reasonable in the circumstances.

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

relevant person, for notifiable work, for part 3, division 6, see section 81.

repealed Act means the repealed Plumbing and Drainage Act 2002.

representation means a claim, promise, publication, statement or other representation made in any way, including, for example, in advertising material.

responsible person, for plumbing or drainage work, means a person who—

(a)carries out the plumbing or drainage work; or

(b)supervises the carrying out of, or directs another person to carry out, the work.

retail water service—

(a)means a water service that is the reticulation of water in a service area, or a connection area, for a water service; but

(b)does not include—

(i)an irrigation service or a bulk water service in any area; or

(ii)the supply of recycled water in any area.

sanitary drain means a drain, other than a pipe that is part of common effluent drainage, that is directly connected to, and used to carry discharges from, a soil or waste pipe for 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 sewage facility or greywater use facility, including—

(a)disconnector gullies; and

(b)bends at the base of stacks or below ground level; and

(c)for connection to an on-site sewage facility—a pipe, other than a soil or waste pipe, used to carry sewage to or from the facility; and

(d)pipes, above ground level, installed using drainage principles.

sanitary plumbing means an apparatus, fitting, fixture or pipe, above ground level, for carrying sewage to a sanitary drain.

septic tank see the glossary.

service area see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

sewage see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

sewage treatment plant means plant for the biological, physical or chemical treatment of sewage.

sewerage service provider see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

sewerage system means infrastructure used to receive, transport and treat sewage or effluent, including, for example, access chambers, engines, machinery, outfalls, pumps, sewers, structures and vents.

sewered area means—

(a)a service area for a sewerage service under the Water Supply (Safety and Reliability) Act 2008; or

(b)a connection area for a wastewater service under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

show cause notice—

(a)for part 2, division 10—see section 50(1); or

(b)for part 6, division 4—see section 144(2).

show cause period see section 50(2)(c).

siphon see the glossary.

spent conviction ...

tap see the glossary.

temporary member see section 111(1).

trainee means an apprentice, student or other person who—

(a)is enrolled in a course that—

(i)is conducted by a registered training organisation and leads to the issue of a VET qualification, or a VET statement of attainment, under the National Vocational Education and Training Regulator Act 2011 (Cwlth); and

(ii)relates to plumbing or drainage work; and

(b)has agreed with an employer and registered training organisation to take part in a vocational placement.

treatment plant means—

(a)a greywater treatment plant; or

(b)an on-site sewage treatment plant.

treatment plant approval means—

(a)a treatment plant testing approval; or

(b)a treatment plant use approval.

treatment plant testing approval means an approval that allows a treatment plant to be tested on premises in compliance with the conditions of the approval.

treatment plant use approval means an approval that allows a treatment plant to be used on premises in compliance with the conditions of the approval.

tribunal see the Planning Act 2016, schedule 2.

unlicensed person means a person who is not the holder of a licence.

unregulated work see section 6(5).

valve see the glossary.

water heater see the glossary.

WaterMark product means a product mentioned in the WaterMark Schedule of Products or WaterMark Schedule of Excluded Products.

WaterMark Schedule of Excluded Products see the Plumbing Code of Australia.

WaterMark Schedule of Products see the Plumbing Code of Australia.

water meter means a device, and related equipment, for measuring the volume of water supplied to premises.

Example of equipment related to the device—

a pulse meter associated with the device

water plumbing means an apparatus, fitting or pipe for carrying water within premises.

water service means—

(a)water harvesting or collection, including, for example, water storages, groundwater extraction or replenishment and river water extraction; or

(b)the transmission of water; or

(c)the reticulation of water; or

(d)drainage, other than stormwater drainage; or

(e)water treatment or recycling.

water service provider, for premises, means the service provider under the Water Supply (Safety and Reliability) Act 2008, chapter 2, part 3 who provides a retail water service for the premises.

water supply system means infrastructure used to supply water to premises, whether or not the infrastructure is also used to store or treat water, that consists of—

(a)a water main; and

(b)a pipe that connects the water main to the premises; and

(c)any of the following—

(i)valves;

(ii)engines;

(iii)pumps;

(iv)machinery;

(v)other works.