Queensland Building and Construction Commission Act 1991 (Qld)

Queensland Building and Construction Commission Act 1991

An Act to regulate the building industry

Part 1    Preliminary

1   Short title

This Act may be cited as the Queensland Building and Construction Commission Act 1991.

2   [Repealed]

3   Objects of Act

The objects of this Act are—

(a)to regulate the building industry—

(i)to ensure the maintenance of proper standards in the industry; and

(ii)to achieve a reasonable balance between the interests of building contractors and consumers; and

(b)to provide remedies for defective building work; and

(c)to provide support, education and advice for those who undertake building work and consumers; and

(d)to regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners; and

(e)to regulate building products to ensure—

(i)the safety of consumers and the public generally; and

(ii)persons involved in the production, supply or installation of building products are held responsible for the safety of the products and their use; and

(f)to provide for the proper, efficient and effective management of the commission in the performance of its functions.

4   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

4AA   Who is an influential person for a company

(1)An influential person, for a company, is an individual, other than a director or secretary of the company, who is in a position to control or substantially influence the company’s conduct.

(2)However, an influential person does not include—

(a)a professional, only because the advice given by the professional influences the company’s conduct; or

(b)a regulator, only because the regulator, when exercising a power or performing a function under an Act or other law, influences the company’s business; or

(c)an administrator, controller, provisional liquidator or liquidator within the meaning of the Corporations Act, section 9.

(3)Without limiting subsection (1), a person may be an influential person for a company if the person—

(a)is the chief executive officer or general manager of the company, or holds an equivalent position in the company; or

(b)is acting in a position mentioned in paragraph (a); or

(c)directly or indirectly owns, holds or controls 50% or more of the shares in the company, or 50% or more of a class of shares in the company; or

(d)gives instructions to an officer of the company and the officer generally acts on those instructions; or

(e)makes, or participates in making, decisions that affect the whole or a substantial part of the company’s business or financial standing; or

(f)engages in conduct or makes representations that would cause someone else to reasonably believe the person controls, or substantially influences, the company’s business.

(4)In this section—

professional—

(a)means a person who provides professional advice to more than 1 client; but

(b)does not include a person who provides professional advice to a client in the person’s capacity as an employee of the client.

Example—

a lawyer or accountant, employed in that capacity by a firm of lawyers or accountants, engaged by a company to give the company advice on a particular topic

regulator means—

(a)a person employed by a State, a local government or the Commonwealth; or

(b)a person engaged by a State, a local government or the Commonwealth to provide a particular service or carry out a particular activity; or

(c)an agent of a person mentioned in paragraph (b) if, in that capacity, the person provides the service or carries out the activity the person is engaged to provide or carry out.

4A   Value of building work carried out in stages

If building work is, or is to be, carried out in stages under a series of separate contracts, a reference in this Act to the value of the building work is a reference to the aggregate value of the building work carried out, or to be carried out, under those contracts.

4B   Act binds all persons

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

4C   Certain building contractors not bound

Parts 5 and 6 do not bind a building contractor to the extent that the business carried on by the building contractor consists of or includes—

(a)carrying out completed building inspections; or

(b)contract administration carried out in relation to building work designed by the building contractor.

Part 2    Queensland Building and Construction Commission

Division 1 Establishment, functions and powers

5   Establishment and status

(1)The Queensland Building and Construction Commission is established.

(2)The commission—

(a)is a body corporate; and

(b)has a common seal; and

(c)may sue and be sued in its corporate name.

6   Constitution

The commission consists of—

(a)the Queensland Building and Construction Board; and

(b)the commissioner and the organisational unit under the control of the commissioner; and

(c)the Service Trades Council.

Note—

The Service Trades Council is continued in existence under the Plumbing and Drainage Act 2018, section 105.

7   Functions

The commission has the following functions—

(a)to administer this Act and further its objects;

(b)any function given to it under another Act.

8   Powers

(1)The commission has all the powers of an individual and may, for example—

(a)enter into contracts or agreements; and

(b)acquire, hold, deal with and dispose of, property; and

(c)employ staff; and

(d)appoint agents and attorneys; and

(e)engage consultants; and

(f)charge a fee for services and other facilities it supplies; and

(g)do anything else necessary or convenient to be done for its functions.

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

9   Ministerial direction

(1)The Minister may give the commission a written direction in relation to the commission and its functions.

(2)The commission must comply with the direction.

(3)The Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 7 sitting days after it is given.

(4)The commission’s annual report under the Financial Accountability Act 2009, section 63 for the year in which the direction is given must include a copy of the direction.

9A   [Repealed]

Division 2 Queensland Building and Construction Board

Subdivision 1 Establishment and functions

10   Establishment

The Queensland Building and Construction Board is established as the commission’s governing body.

10A   [Repealed]

11   Functions

The board has the following functions—

(a)deciding the strategies and the operational, administrative and financial policies to be followed by the commission;

(b)ensuring the commission performs its functions and exercises its powers in a proper, effective and efficient way;

(c)providing guidance and leadership to the commissioner;

(d)providing guidance and leadership to the Service Trades Council, other than in relation to its function of conferring on national policy development and implementation for the plumbing and drainage trade under the Plumbing and Drainage Act 2018;

(e)advising the Minister on issues affecting—

(i)the building industry; and

(ii)consumers; and

(iii)the administration of this Act; and

(iv)the administration of the commission;

(f)advising the Minister about unfair or unconscionable trading practices affecting security of payments to contractors and subcontractors;

(g)consulting the building industry and its consumers and advancing their interests, consistently with the objects of this Act.

Subdivision 2 Membership

12   Appointment

(1)The board consists of not more than 7 members appointed by the Governor in Council.

(2)In appointing a person as a member, the Governor in Council is to—

(a)have regard to the person’s ability to make a contribution to the effective and efficient performance of the commission’s functions; and

(b)have regard to the person’s experience and competence in the following areas—

(i)building and construction;

(ii)finance;

(iii)corporate governance and risk;

(iv)insurance, including knowledge and experience in the reinsurance market;

(v)consumer advocacy and awareness;

(vi)public sector governance, including administration and enforcement of laws; and

(c)as far as possible, ensure the board has equal representation of the areas mentioned in paragraph (b).

(3)The members are appointed under this Act and not the Public Sector Act 2022.

13   Disqualification as member

A person is disqualified from becoming, or continuing as, a member if the person—

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

(b)is an insolvent under administration; or

(c)is not able to manage a corporation because of the Corporations Act, part 2D.6; or

(d)is a relevant officer or contractor of the commission.

14   Conditions of appointment

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

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

15   Term of appointment

(1)A member is appointed for the term, of no more than 3 years, stated in the member’s instrument of appointment.

(2)However, a person’s appointment as a member ends if, during the term of the appointment, the person becomes disqualified under section 13.

16   Chairperson

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

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

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

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

17   Deputy chairperson

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

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

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

(4)The deputy chairperson must act as chairperson—

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

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

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

18   Resignation

(1)A member may resign by signed notice given to the Minister.

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

(3)The resignation takes effect—

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

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

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

Subdivision 3 [Repealed]

19   [Repealed]

Subdivision 4 Business

20   Conduct of business

Subject to this division and any requirement prescribed under a regulation, the board may conduct its business, including its meetings, in the way it considers appropriate.

20A   Meetings

(1)The chairperson must convene a meeting when requested by at least 3 members.

(2)At a meeting of the board—

(a)the number of members that is half the number appointed at the time of the meeting constitutes a quorum; and

(b)a question is to be decided by a majority of votes of the members present and voting; and

(c)each member present has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting has a casting vote.

(3)The board must keep minutes of its meetings.

20B   Committees

(1)The Building Products Advisory Committee is established.

(2)The Building Products Advisory Committee—

(a)consists of the members prescribed by regulation; and

(b)has a primary function of giving the Minister, commissioner and board advice about the following matters—

(i)the suitability of particular building products for particular uses;

(ii)the safety of particular building products, whether or not they are associated with an existing building;

(iii)the safety of a building with which a non-conforming building product has been associated;

(iv)how to promote the safe use of building products in the building industry;

(v)how to raise awareness of non-conforming building products;

(vi)action under this Act that may be appropriate for dealing with non-conforming building products; and

(c)has any other functions prescribed by regulation; and

(d)has all the powers necessary for performing its functions, including obtaining expert advice from industry bodies and other persons.

(3)The board, or the Minister, may appoint other committees to advise the Minister, commissioner or board on particular subjects.

20C   Disclosure of interests

(1)This section applies to a member if—

(a)the member has an interest in an issue being considered, or about to be considered, by the board; and

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

(2)After the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.

(3)Unless the board otherwise directs, the member must not—

(a)be present when the board considers the issue; or

(b)take part in a decision of the board about the issue.

(4)The member must not be present when the board is considering whether to give the direction.

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

(a)be present when the board is considering whether to give the direction; or

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

(6)Subsections (7) and (8) apply if—

(a)because of this section, a member is not present at a board meeting for considering or deciding the issue, or for considering or deciding whether to give the direction; and

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

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

(8)If there are no members who may remain present for considering or deciding the issue, the Minister may consider and decide the issue.

(9)The disclosure must be recorded in the board’s minutes.

Division 3 Commissioner

20D   Appointment

(1)The commission must have a commissioner.

(2)The commissioner must be appointed by the board with the Minister’s prior written approval.

(3)The commissioner is employed under this Act and not under the Public Sector Act 2022.

20E   Disqualification as commissioner

A person is disqualified from becoming, or continuing as, the commissioner if the person—

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

(b)is an insolvent under administration; or

(c)is not able to manage a corporation because of the Corporations Act, part 2D.6; or

(d)is a member or a contractor of the commission.

20F   Conditions of appointment

For matters not provided for under this Act or stated in the contract of employment, the commissioner holds office on the terms of appointment decided by the board with the Minister’s written approval.

20G   Term of appointment

(1)The commissioner holds office for the term, not more than 3 years, stated in his or her contract of employment.

(2)However, a person’s appointment as commissioner ends if, during the term of the appointment, the person becomes disqualified under section 20E.

(3)Although the board may, at any time, remove a person appointed as commissioner, the removal does not affect any rights to compensation to which the person is entitled under his or her contract of employment.

20H   Resignation

The commissioner may resign by signed notice given to the chairperson of the board.

20I   Appointment of acting commissioner

The board may only act under the Acts Interpretation Act 1954, section 24B or 25 in appointing a person to act in the office of commissioner with the Minister’s prior written approval.

20J   Role of the commissioner

(1)The commissioner is responsible for the following—

(a)the overall management of the organisational unit under the control of the commissioner;

(b)administration of the licensing system established by this Act;

(c)administration of a system of inspection;

(d)issuing directions for rectification of building work under this Act;

(e)monitoring, investigating and enforcing compliance with part 6AA, including giving directions for remedial action for contraventions of part 6AA, division 2, subdivision 2;

(f)taking disciplinary and other proceedings under this Act;

(g)assessing and approving payment of insurance claims;

(h)undertaking strategic planning;

(i)issuing warnings to the public or any section of the public;

(j)providing and promoting consumer education;

(k)publishing information about building products, including, for example—

(i)the uses for which particular building products are not suitable; and

(ii)how to use particular building products to ensure their use is safe and complies with relevant legislation;

(l)providing an advisory service to consumers about—

(i)their statutory rights and obligations; and

(ii)insurance claims that may arise about building work; and

(iii)the commission’s role, functions and operating procedures; and

(iv)any incidental matters;

(m)providing courses of instruction for—

(i)persons seeking to obtain licences; and

(ii)licensees; and

(iii)persons proposing to carry out building work as owner-builders; and

(iv)other persons seeking to acquire knowledge or expertise in subjects related to the building industry;

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

(2)In undertaking the strategic planning, the commissioner must have regard to cyclical industry conditions to ensure the commission’s available revenue base, and its assets and reserves, are enough to allow it to maintain the services it is required to provide.

(3)The commissioner has all the powers necessary for carrying out those responsibilities and any function (an additional function) the commissioner is authorised by another Act to carry out.

(4)In carrying out an additional function, the commissioner may adopt the procedures of this Act unless the Act authorising the function prescribes another procedure.

20K   Relationship between commissioner and board

(1)In carrying out the commissioner’s responsibilities, other than performing an additional function, the commissioner must give effect to any policy or direction of the board relevant to the responsibility.

(2)However, the commissioner must act independently of the board when making any of the following types of decisions giving effect to the board’s policies—

(a)a decision about the action to be taken about a licensee’s licence;

(b)a decision about rectification or completion of building work;

(c)a decision relating to the statutory insurance scheme;

(d)a decision to give information to a health and safety regulator under section 28A;

(e)a decision to give a direction under section 74AN;

(f)a decision about a building product undertaking under part 6AA, division 3;

(g)a decision to issue a stop work notice under section 108AI.

(3)The commissioner must—

(a)report regularly to the board on the administration of this Act; and

(b)at the request of the board, provide the board with a special report on a particular subject.

(4)In this section—

additional function see section 20J(3).

20L   Commissioner not to engage in other paid employment

The commissioner must not, without the board’s prior written approval—

(a)engage in paid employment outside the duties of the office of commissioner; or

(b)actively take part in the activities of a business, or in the management of a corporation carrying on business.

20M   Conflicts of interest

If the commissioner has an interest that conflicts or may conflict with the discharge of the commissioner’s responsibilities, the commissioner—

(a)must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the commissioner’s knowledge; and

(b)must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.

Division 4 [Repealed]

(Repealed)

Division 5 The insurance manager

21   Appointment of insurance manager

(1)There is to be an insurance manager of the commission.

(2)The commission must—

(a)appoint an individual to be the insurance manager; or

(b)enter into a work performance arrangement under which an employee of the employing office or of another government entity holds office as the insurance manager.

(3)If the commission appoints a person to be the insurance manager under subsection (2)(a), the remuneration and conditions of appointment of the insurance manager are to be decided by the commission.

(4)The commission may appoint a person to act, or enter into a work performance arrangement under which an employee of the employing office or of another government entity acts, as insurance manager of the commission—

(a)when there is a vacancy in the position of insurance manager of the commission; or

(b)for any period, or all periods, when the insurance manager is absent from duty or, for any other reason, can not perform the functions of the position.

22   Role of insurance manager

(1)The insurance manager must report regularly to the board on the administration of the statutory insurance scheme and, if asked by the board, must give the board a special report on a particular subject.

(2)The insurance manager is independent of the commissioner’s direction in reporting under subsection (1), but is otherwise subject to the commissioner’s direction.

23   [Repealed]

24   [Repealed]

Division 6 Financial provisions

25   General Statutory Fund

(1)A fund called the General Statutory Fund is established.

(2)The fund consists of—

(a)the balance of the Builders’ Registration Board General Fund as at the commencement of this section; and

(b)any money received or recovered by the commission except in connection with the insurance scheme; and

(c)all amounts transferred from the Insurance Fund under section 26.

(3)The following amounts are to be paid from the fund—

(a)costs of administering this Act, apart from the costs of administering the statutory insurance scheme;

(b)amounts mentioned in subsection (4A).

(4)A regulation may state a single amount that is to be transferred from the fund to the Insurance Fund.

(4A)The commission must, at times decided by the commission, transfer amounts from the fund to the Insurance Fund in payment of the single amount stated in the regulation made under subsection (4).

(5)The commission may apply any amount surplus to the commission’s budgetary requirements for a particular financial year to encourage or assist education or research related to the building industry.

26   Insurance Fund

(1)A fund called the Insurance Fund is established.

(2)The fund consists of—

(a)the balance of the Builders’ Registration Board Insurance Fund as at the commencement of this section; and

(b)all money received or recovered by the commission in connection with the statutory insurance scheme; and

(c)all amounts transferred from the General Statutory Fund under section 25.

(3)The following amounts are to be paid from the fund—

(a)the costs of administering the statutory insurance scheme;

(b)the costs of paying out claims under the statutory insurance scheme.

(4)A regulation may require the fund to be managed—

(a)in the way prescribed under a regulation; or

(b)in accordance with an external standard of fund administration prescribed under a regulation.

26A   Management of statutory insurance scheme

The commission must ensure that the statutory insurance scheme is managed in accordance with actuarially sustainable principles so that the amounts paid into the Insurance Fund under section 26(2) will be sufficient to satisfy the amounts to be paid from the Insurance Fund under section 26(3).

27   Application of financial Acts

(1)The commission is—

(a)a statutory body under the Financial Accountability Act 2009; and

(b)a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA).

(2)The SBFA, part 2B, sets out the way in which the commission’s powers under this Act are affected by the SBFA.

28   Commission’s obligation to report suspected offence

If the commission has reason to suspect that an offence resulting in loss of money, or loss or damage to other property has been committed, the matter must be reported to the auditor-general and the police.

Division 7 Other provisions

28AA   Public register of interests

(1)The commission must publish a register of members’ interests on the commission’s website.

(2)The register must include, for each member, details of each disclosure recorded in the board’s minutes under section 20C.

(3)Entries in the register for a person who has ceased to be a member may remain in the register on the commission’s website as the commission considers appropriate.

(4)The register may contain other information about a member or former member with the consent of the member or former member.

28A   Commission must give particular information to health and safety regulator

(1)This section applies if the commission considers information obtained by the commission in the performance of a function under this Act in relation to a notifiable incident may be relevant to the functions of a health and safety regulator.

(2)The commission must give the information to the health and safety regulator.

(3)In this section—

health and safety regulator means—

(a)the regulator under the Work Health and Safety Act 2011; or

(b)the regulator under the Electrical Safety Act 2002; or

(c)the chief executive of the department in which the Public Health Act 2005 is administered, or a chief executive officer of a local government, but only in relation to the chief executive’s or chief executive officer’s functions under the Public Health Act 2005; or

(d)an entity that—

(i)has functions similar to the functions of the commission or an entity mentioned in paragraph (a) to (c); and

(ii)is prescribed by regulation for this section.

28B   Exchange of information between commission and relevant agencies

(1)The commission may enter into an arrangement (an information-sharing arrangement) with a relevant agency for the purpose of sharing or exchanging information—

(a)held by the commission or the relevant agency; or

(b)to which the commission or the relevant agency has access.

(2)An information-sharing arrangement may relate only to information—

(a)that helps—

(i)the commission perform the commission’s functions; or

Note—

For the commission’s functions, see section 7.

(ii)the relevant agency perform its functions; or

(b)the disclosure of which is reasonably necessary for protecting the health or safety of a person or property.

(3)Under an information-sharing arrangement, the commission and the relevant agency are, despite another Act or law, authorised to—

(a)ask for and receive information held by the other party to the arrangement or to which the other party has access; and

(b)disclose information to the other party.

(4)In this section—

relevant agency means—

(a)the chief executive of a department; or

(b)a health and safety regulator within the meaning of section 28A; or

(c)a local government; or

(d)an agency of the Commonwealth, or another State, prescribed by regulation; or

(e)an entity established under an Act.

28C   Notice of particular events to interstate or New Zealand licensing authorities

(1)This section applies if—

(a)the commission is aware a licensee holds an interstate or New Zealand licence; and

(b)any of the following events happen for the licensee—

(i)a licence is cancelled;

(ii)a licence is suspended;

(iii)a licence is restored;

(iv)the suspension of a licence ends;

(v)a relevant event.

(2)The commission may give written notice of the event to the interstate or New Zealand licensing authority that granted the interstate or New Zealand licence.

(3)The commission must give a copy of the notice to the licensee.

29   Commission may enter into work performance arrangements

(1)The commission may enter into, and give effect to, a work performance arrangement with—

(a)the employing office; or

(b)the appropriate authority of another government entity.

(2)A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.

(3)For example, a work performance arrangement may provide for—

(a)the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and

(b)the authorising of a person to exercise powers for the arrangement; and

(c)whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.

(4)A person performing work for the commission under a work performance arrangement entered into under subsection (1)—

(a)is not employed by the commission; and

(b)remains an employee of the employing office, or an employee of the other government entity whose appropriate authority is a party to the arrangement.

(5)To remove any doubt, it is declared that the commission does not have power to employ a person performing work for the commission under a work performance arrangement entered into under subsection (1).

Part 2A    Queensland Building and Construction Employing Office

Division 1 Establishment and functions of employing office

29A   Establishment of employing office

(1)The Queensland Building and Construction Employing Office is established.

(2)The employing office consists of—

(a)the executive officer; and

(b)the employees of the employing office.

(3)The employing office is a separate entity from the commission.

29B   Employing office represents the State

(1)The employing office represents the State.

(2)Without limiting subsection (1), the employing office has the status, privileges and immunities of the State.

29C   Functions of employing office

(1)The main functions of the employing office are—

(a)entering into, for the State, a work performance arrangement with the commission under which employees of the employing office perform work for the commission; and

(b)employing, for the State, staff to perform work for the commission under the work performance arrangement; and

(c)doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b).

(2)Also, the employing office has any other function conferred on the employing office under this or another Act.

(3)This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement under section 29G with a government entity other than the commission.

Division 2 Executive officer

29D   Appointment of executive officer

(1)There is to be an executive officer of the employing office.

(2)The executive officer is to be appointed by the Governor in Council.

(3)The executive officer is appointed under this Act and not under the Public Sector Act 2022.

29E   Executive officer acting for employing office

(1)The employing office acts through the executive officer.

(2)Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.

Division 3 Staff of employing office

29F   Employing office may employ staff

(1)The employing office may, for the State, employ staff.

(2)A person employed under subsection (1) is an employee of the employing office.

(3)The employing office may decide the terms of employment of the employees of the employing office.

(4)Subsection (3) applies subject to any relevant industrial instrument.

(5)Employees of the employing office are employed under this Act and not under the Public Sector Act 2022.

29G   Employing office may enter into work performance arrangements

(1)The employing office may, for the State, enter into and give effect to a work performance arrangement with—

(a)the commission; or

(b)the appropriate authority of another government entity.

(2)A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.

(3)For example, a work performance arrangement may provide for—

(a)the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and

(b)the authorising of a person to exercise powers for the arrangement; and

(c)whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.

(4)A person performing work for the commission or other government entity under a work performance arrangement entered into under subsection (1)—

(a)is not employed by the commission or other government entity; and

(b)remains an employee of the employing office.

(5)To remove any doubt, it is declared that the commission or another government entity does not have power to employ a person performing work for the commission or other government entity under a work performance arrangement entered into under subsection (1).

Division 4 Other provisions

29H   Employing office is statutory body

(1)The employing office is a statutory body under—

(a)the Financial Accountability Act 2009; and

(b)the Statutory Bodies Financial Arrangements Act 1982.

(2)For applying the Financial Accountability Act 2009 to the employing office as a statutory body—

(a)the executive officer is taken to be the chairperson of the employing office; and

(b)the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and

(c)the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them.

Part 3    Licensing

Division 1 Classes of licences

30   Classes of contractors’ licences

(1)A licence (a contractor’s licence) may be issued authorising the licensee—

(a)to carry out all classes of building work; or

(b)to carry out building work of 1 or more classes specified in the licence.

(2)Contractors’ licences are to be divided into classes by regulation—

(a)according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and

(b)if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.

(3)A contractor’s licence may be issued for any class of licence.

30A   Nominee supervisor’s licence

(1)A licence (a nominee supervisor’s licence) may be issued authorising an individual—

(a)if the individual is the nominee for a licensed contractor that is a company, to—

(i)provide supervisory services for building work carried out under the company’s licence; and

(ii)perform the functions required of a nominee under this Act; or

(b)if the individual is an officer or employee of a company, other than the company’s nominee—to personally supervise building work carried out under the company’s licence.

(2)An individual who holds a nominee supervisor’s licence and who is the employee of a licensed contractor that is an individual may personally supervise building work carried out under the contractor’s licence.

(3)Nominee supervisors’ licences are to be divided into classes by regulation—

(a)according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and

(b)if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.

(4)A nominee supervisor’s licence may be issued for any class of licence.

30B   Site supervisor’s licence

(1)A licence (a site supervisor’s licence) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally supervise building work carried out under the company’s licence.

(2)A licence (also a site supervisor’s licence) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally supervise building work carried out under the contractor’s licence.

(3)Site supervisors’ licences are to be divided into classes by regulation—

(a)according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and

(b)if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.

(4)A site supervisor’s licence may be issued for any class of licence.

30C   Fire protection occupational licence

(1)A licence (a fire protection occupational licence) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally carry out and personally supervise fire protection work carried out under the company’s licence.

(2)A licence (also a fire protection occupational licence) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally carry out and personally supervise fire protection work carried out under the contractor’s licence.

(3)Fire protection occupational licences are to be divided into classes by regulation—

(a)according to whether the licence relates to all classes of fire protection work or is limited to a specified class or specified classes of fire protection work; and

(b)if the licence is limited to a specified class, or specified classes, of fire protection work—according to the class or classes of fire protection work to which it relates.

(4)A fire protection occupational licence may be issued for any class of licence.

30CA    Meaning of fire protection work

(1)Work is fire protection work if it is any of the following work for a building or part of a building—

(a)the installation, restoration, repair or maintenance of fire protection equipment;

(b)the preparation of a certificate, statement or record relating to the installation, restoration, repair or maintenance of fire protection equipment;

(c)the preparation of a certificate, statement or record stating whether fire protection equipment meets a standard, requirement or specification;

(d)the design of fire protection equipment;

(e)the inspection or investigation of, and the provision of advice or a report about, compliance with the Building Act 1975 or the Building Code of Australia relating to fire safety.

(2)However, the following work is not fire protection work—

(a)the installation, repair or maintenance of a battery-operated smoke alarm in a building that is a class 1a or 2 building under the Building Code of Australia;

(b)work of a type prescribed by regulation not to be fire protection work.

(3)A regulation under subsection (2)(b) may prescribe work that is the installation, restoration, repair, maintenance, certification or inspection, including testing, of fire protection equipment mentioned in schedule 2, definition fire protection equipment, paragraph (b), (c), (d) or (e) only if the work is any of the following—

(a)work of a value of no more than $1,100 performed personally by the owner of the land on which the work is performed;

(b)work on a class 1a building of a value of no more than $11,000 performed personally by the owner of the land on which the work is performed, if the work is authorised under a fire protection occupational licence held by the owner;

(c)certification work performed by a building certifier under the Building Act 1975 in the certifier’s professional practice;

(d)work performed by a registered professional engineer under the Professional Engineers Act 2002 in performing a professional engineering service under that Act;

(e)electrical work under the Electrical Safety Act 2002 relating to a fire or smoke detection system, heat or smoke alarm or another alarm system or emergency warning and communication system;

(f)work performed by a local government or the State.

30D   Mechanical services occupational licence

(1)A licence (a mechanical services occupational licence) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally carry out and personally supervise mechanical services work carried out under the company’s licence.

(2)A licence (also a mechanical services occupational licence) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally carry out and personally supervise mechanical services work carried out under the contractor’s licence.

(3)Mechanical services occupational licences are to be divided into classes by regulation—

(a)according to whether the licence relates to all classes of mechanical services work or is limited to a specified class or specified classes of mechanical services work; and

(b)if the licence is limited to a specified class, or specified classes, of mechanical services work—according to the class or classes of mechanical services work to which it relates.

(4)A mechanical services occupational licence may be issued for any class of licence.

30E   Regulation may prescribe continuation and renewal of particular class of licence

A regulation may provide that a licence of a particular class may continue to be held and renewed by a person who held the licence immediately before the regulation was made or amended, even though the class of licence is no longer prescribed under this division.

Division 2 Entitlement to licence

31   Entitlement to contractor’s licence

(1)A person (not being a company) is entitled to a contractor’s licence if the commission is, on application by that person, satisfied that—

(a)the applicant is a fit and proper person to hold the licence; and

(b)the applicant has the qualifications and experience required by regulation in relation to a licence of the relevant class; and

(c)the applicant satisfies the minimum financial requirements for the licence; and

(d)the applicant can lawfully work in Queensland; and

(e)the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and

(f)the applicant is not a disqualified individual; and

(g)the applicant is not a banned individual; and

(h)the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71.

(2)A company is entitled to a contractor’s licence if the commission is satisfied, on application by that company for a licence, that—

(a)the directors, secretary and influential persons for the company are fit and proper persons to exercise control or influence over a company that holds a contractor’s licence; and

(b)the company’s nominee holds a licence specifically identifying, as a class of building work that the nominee may supervise, the same class of building work for which the licence is sought by the company; and

(c)the applicant satisfies the minimum financial requirements for the licence; and

(d)the company is not an excluded company; and

(e)the company is not a company for which a banned or disqualified individual is a director, secretary, influential person or nominee; and

(f)neither the company, nor a director, secretary, influential person or nominee of the company has an unpaid judgment debt for an amount the commission may recover under section 71.

(3)In deciding whether a particular person is a fit and proper person to hold a contractor’s licence or to exercise control or influence over a company that holds a contractor’s licence, the commission may have regard to—

(a)commercial and other dealings in which that person has been involved and the standard of honesty and integrity demonstrated in those dealings; and

(b)any failure by that person to carry out commercial or statutory obligations and the reasons for the failure; and

(c)tier 1 defective work carried out by the person, whether or not the person received a notice under section 67AH, 67AI, 67AL or 67AM stating a term of ban for the work; and

(d)if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and

(e)if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and

(f)any other relevant factor.

(4)However, the commission may not have regard to the matter mentioned in subsection (3)(d) if—

(a)the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or

(b)28 days have not elapsed since the date of the enforcement order.

31A   No entitlement to contractor’s licence if particular partners

A person (whether an individual or a company) is not entitled to a contractor’s licence if the person carries on, or intends to carry on, business under the licence in partnership with another person who is—

(a)an excluded individual; or

(b)a permanently excluded individual; or

(c)a convicted company officer; or

(d)a banned individual; or

(e)a disqualified individual; or

(f)an excluded company; or

(g)a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or

(h)a company for which a convicted company officer is a director, secretary, influential person or nominee; or

(i)a company for which a banned individual is a director, secretary, influential person or nominee; or

(j)a company for which a disqualified individual is a director, secretary, influential person or nominee.

32   Entitlement to a nominee supervisor’s licence

(1)An individual is entitled to a nominee supervisor’s licence if the commission is, on application by the individual, satisfied that—

(a)the applicant has the qualifications and experience required by regulation for a licence of the relevant class; and

(b)the applicant can lawfully work in Queensland; and

(c)the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and

(d)the applicant is not a banned individual; and

(e)the applicant is not a disqualified individual; and

(f)the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71; and

(g)the applicant is a fit and proper person to hold the licence.

(2)In deciding whether an applicant is a fit and proper person to hold the licence, the commission may have regard to—

(a)commercial and other dealings in which the applicant has been involved and the standard of honesty and integrity demonstrated in those dealings; and

(b)any failure by the applicant to carry out commercial or statutory obligations and the reasons for the failure; and

(c)tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH, 67AI, 67AL or 67AM stating a term of ban for the work; and

(d)if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and

(e)if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and

(f)any other relevant factor.

(3)However, the commission may not have regard to the matter mentioned in subsection (2)(d) if—

(a)the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or

(b)28 days have not elapsed since the date of the enforcement order.

32AA   Entitlement to a site supervisor’s licence

(1)An individual is entitled to a site supervisor’s licence if the commission is, on application by the individual, satisfied that—

(a)the applicant has the qualifications required by regulation for a licence of the relevant class; and

(b)the applicant can lawfully work in Queensland; and

(c)the applicant is not a banned individual; and

(d)the applicant is not an excluded individual or permanently excluded individual; and

(e)the applicant is a fit and proper person to hold the licence.

(2)In deciding whether an applicant is a fit and proper person to hold the licence, the commission may have regard only to—

(a)tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH, 67AI, 67AL or 67AM stating a term of ban for the work; and

(b)if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and

(c)if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled.

(3)However, the commission may not have regard to the matter mentioned in subsection (2)(b) if—

(a)the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or

(b)28 days have not elapsed since the date of the enforcement order.

32AB   Entitlement to a fire protection occupational licence or a mechanical services occupational licence

(1)An individual is entitled to a fire protection occupational licence or a mechanical services occupational licence if the commission is, on application by the individual, satisfied that—

(a)the applicant has the qualifications required by regulation for a licence of the relevant class; and

(b)the applicant can lawfully work in Queensland; and

(c)the applicant is not a banned individual; and

(d)the applicant is a fit and proper person to hold a licence.

(2)In deciding whether an applicant is a fit and proper person, the commission may have regard only to—

(a)tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH, 67AI, 67AL or 67AM stating a term of ban for the work; and

(b)if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order.

(3)However, the commission may not have regard to the matter mentioned in subsection (2)(b) if—

(a)the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or

(b)28 days have not elapsed since the date of the enforcement order.

32A   [Repealed]

Division 3 Grant of licence

33   Application for licence

(1)An application for a licence—

(a)must be made in accordance with the regulations; and

(b)must be accompanied by—

(i)if the applicant is an individual, 2 recent passport-size photographs of the applicant suitable for inclusion in a licence and certified in the way prescribed by regulation; and

(ii)the appropriate application fee fixed by regulation.

(2)An applicant for a licence must at the request of the commission provide any further information or evidence that the commission may require to decide the application.

(3)In deciding whether to give a licence, the commission may make inquiries and investigations that are reasonable and appropriate in the circumstances, including for example by—

(a)seeking confirmation about the experience of applicants through site inspections and referee checks; and

(b)carrying out checks with the Australian Securities and Investment Commission, bankruptcy registers and credit bureaus.

34   Grant of licence

(1)If the commission is satisfied, on an application under this division, that the applicant is entitled to a licence, the commission must issue a licence of the appropriate class.

(2)A licence is to be in the form of a card and must—

(a)state the licensee’s name and licence number; and

(b)state the type of licence; and

(c)state the class of building work the licensee is licensed to carry out; and

(d)if the licensee is an individual, contain a recent photograph of the licensee; and

(e)state when the licence is due for renewal.

(3)The commission may also issue a licence certificate in a form determined by the commission.

(4)If, on application by a licensee and payment of the fee required by regulation, the commission is satisfied that a licence card or a licence certificate has been lost, damaged or destroyed, the commission may issue a new licence card or licence certificate.

Division 3A Issue of PINs to licensees

34A   PINs

(1)The commission may give a licensee a confidential personal identification number (a PIN) for use by the licensee in the licensee’s dealings with the commission.

(2)When the commission gives a PIN to a licensee, the commission must also advise the licensee of the commission’s requirements for the licensee’s keeping and use of the PIN.

Division 4 Conditions of licence

35   Imposition of conditions etc. on grant of licence

(1)A licence may be granted subject to such conditions as the commission considers appropriate.

(2)However, the commission may grant a licence subject to a condition that restricts the scope of work for the licence (a restrictive condition) only if—

(a)the licence is a new class of licence under section 42A(1)(a); and

(b)the commission is satisfied the applicant for the licence does not have adequate experience in all of the scope of work for the licence.

(3)The restrictive condition must not restrict the scope of work for the licence to the extent the applicant for the licence has demonstrated experience in the scope of work to the satisfaction of the commission.

(4)Without limiting subsection (1), a licence for which an occupational licence is required is taken to be subject to the condition that the licensee hold, and continue to hold, for the term of the licence, the occupational licence.

(5)Without limiting subsection (1), a contractor’s licence is subject to the condition that—

(a)the licensee’s financial circumstances must at all times satisfy the minimum financial requirements for the licence; and

(b)variations of the contractor’s turnover and assets must be notified, or notified and approved, in accordance with the minimum financial requirements for the licence.

36   Subsequent imposition of conditions etc.

(1)If the commission has reason to believe—

(a)that a licensee may have insufficient financial resources to meet possible liabilities in relation to building work; or

(b)that there is some other proper ground for imposing a condition on the licence;

the commission may notify the licensee of the proposed condition and invite the licensee, within a period specified in the notice, to make written representations on the proposal.

(2)After considering the written representations (if any) made by the licensee, the commission, if satisfied that the condition is appropriate, may, by notice to the licensee, impose the condition.

(3)A condition may be imposed preventing the licensee from continuing to carry on business until the licensee has lodged with the commission appropriate security against possible liabilities in relation to building work.

(3A)A condition may be imposed requiring the licensee to complete a course module included in technical or managerial national competency standards relevant to the building industry.

(3B)A condition may be imposed requiring the licensee to give to the commission specified documents that relate to the licensee’s obligations under part 4 or schedule 1B.

(3C)Subsections (3), (3A) and (3B) do not limit the power to impose conditions under subsection (2).

(5)A notice imposing a condition must inform the licensee of the licensee’s right to apply for a review of the commission’s decision to impose the condition.

36A   Vary or revoke conditions

(1)The commission may, by notice given to a licensee, vary or revoke a condition imposed on the licensee’s licence under section 35(1) or 36.

(2)A notice varying a condition of a licence must inform the licensee of the licensee’s right to apply for a review of the commission’s decision to vary the condition.

Division 5 Renewal of licences

37   Period of renewal

A licensee for any of the following licences may choose to renew the licence for a period of either 1 year or 3 years—

(a)a contractor’s licence;

(b)a nominee supervisor’s licence;

(c)a site supervisor’s licence;

(d)a fire protection occupational licence;

(e)a mechanical services occupational licence.

37A   Commission to advise licensee before licence due for renewal

(1)The commission must give notice in writing to a licensee at least 28 days before the renewal day for the licensee’s licence.

(2)The notice must state the following—

(a)the renewal day for the licensee’s licence;

(b)if the licensee is an individual, whether or not the commission requires 2 recent passport-size photographs of the licensee suitable for inclusion in a licence and certified in the way prescribed by regulation;

(c)the renewal fee for the licence and that it must be paid on or before the renewal day;

(d)for a contractor’s licence—when the documentary evidence, required by the minimum financial requirements for the licence, must be given to the commission.

37B   Applications for renewal of licence

(1)A licensee may apply to the commission for the renewal of the licensee’s licence before the renewal day for the licence.

(2)The application must—

(a)be made in the way prescribed under a regulation; and

(b)be accompanied by the appropriate fee prescribed by regulation for the renewal; and

(c)if the commission has advised that it requires 2 recent passport-size photographs of the licensee suitable for inclusion in a licence and certified in the way prescribed by regulation—be accompanied by the photographs.

(3)If requested by the commission by written notice, the licensee must, within the reasonable time stated in the notice, give the commission the further information or evidence the commission requires to decide whether the applicant continues to be entitled to hold a licence.

37C   [Repealed]

38   Suspension for non-payment of fee

(1)If a licensee fails to pay the appropriate licence fee within the time allowed under the regulations, the commission may, by notice to the licensee, suspend the licence.

(2)A suspension imposed under this section terminates on payment of the appropriate fee.

(3)If a licence has remained in suspension under this section for more than 3 months, the commission may, by notice to the licensee, cancel the licence.

38A   Receipt of fee does not revive licence

(1)This section applies if, despite the cancellation or suspension of a licence under this Act, other than a suspension under section 38(1), the commission accepts the payment of an amount purporting to be the licence fee for the licence.

(2)The licence does not stop being cancelled or suspended merely because of the commission’s acceptance of the payment.

(3)Subsection (2) applies whether or not the commission gives a receipt for the payment.

Division 6 Restoration of licences

39   Restoration of licence

(1)This section applies if a licence has been cancelled under section 38(3).

(2)The licensee may request that the commission restore the licence.

(3)The commission must restore the licence if the request—

(a)is made within 3 months of the licence being cancelled; and

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

40   [Repealed]

41   [Repealed]

Division 7 Requirement to be licensed

42   Unlawful carrying out of building work

(1)Unless exempt under schedule 1A, a person must not carry out, or undertake to carry out, building work unless the person holds a contractor’s licence of the appropriate class under this Act.

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 building work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.

(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.

(3)Subject to subsection (4), a person who carries out building work in contravention of this section is not entitled to any monetary or other consideration for doing so.

(4)A person is not stopped under subsection (3) from claiming reasonable remuneration for carrying out building work, but only if the amount claimed—

(a)is not more than the amount paid by the person in supplying materials and labour for carrying out the building work; and

(b)does not include allowance for any of the following—

(i)the supply of the person’s own labour;

(ii)the making of a profit by the person for carrying out the building work;

(iii)costs incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred; and

(c)is not more than any amount agreed to, or purportedly agreed to, as the price for carrying out the building work; and

(d)does not include any amount paid by the person that may fairly be characterised as being, in substance, an amount paid for the person’s own direct or indirect benefit.

42A   Temporary exemption from s 42 for up to 12 months for new classes of licence

(1)This section applies if—

(a)on or after 1 July 2000, a class of licence (the new class of licence) is established under this Act; and

(b)immediately before the establishment of the new class of licence a person (the relevant person) was carrying on a business that included carrying out work (relevant work) within the scope of work for the new class of licence; and

(c)either of the following applied immediately before the establishment of the new class of licence—

(i)no relevant work was building work;

(ii)some relevant work was building work, but its carrying out was incidental to the carrying out of all other relevant work.

(2)Section 42 does not apply to the relevant person for carrying out, or undertaking to carry out, relevant work for the first 6 months after the new class of licence is established.

(3)Also, if the relevant person applies for the new class of licence within the 6-month period mentioned in subsection (2), section 42 does not apply in relation to the person for carrying out, or undertaking to carry out, relevant work until the application is decided or withdrawn.

(4)To remove any doubt, it is declared that while section 42 does not apply to the relevant person under subsection (2) or (3)—

(a)the person is not prohibited from carrying out, or undertaking to carry out, relevant work under section 42(1); and

(b)the person is not stopped from being entitled to monetary or other consideration for carrying out relevant work under section 42(3).

(5)If the application mentioned in subsection (3) is not decided or withdrawn within 12 months after the new class of licence is established, the application is taken to be refused at the end of the 12 months.

42B   Carrying out building work without a nominee

(1)A licensee that is a company must not carry out, or undertake to carry out, building work unless the licensee has a nominee who holds a contractor’s licence or a nominee supervisor’s licence for the building work carried out, or undertaken to be carried out, under the company’s class of licence.

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 building work carried out is tier 1 defective work—350 penalty units.

(2)However, a licensee does not commit an offence against subsection (1) if the period the licensee has not had a nominee is less than 28 days.

(3)An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units, commits a crime.

42C   Unlawful carrying out of fire protection work

(1)An individual must not personally carry out, or personally supervise, fire protection work unless the individual—

(a)holds a fire protection occupational licence; or

(b)holds a licence, registration or authorisation under this or another Act that allows the person to personally carry out or personally supervise 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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.

(2)Subsection (1) does not apply to an individual who personally carries out fire protection work if—

(a)the fire protection work is a type prescribed under a regulation; and

(b)the individual has the technical qualifications prescribed under a regulation for the type of fire protection work; and

(c)the individual carries out the fire protection work for a licensed contractor who holds a licence of the relevant class for the work.

(3)Also, subsection (1) does not apply to—

(a)an apprentice who personally carries out fire protection work in a calling that requires the apprentice to carry out the work; or

(b)a trainee who personally carries out fire protection work in a calling that requires the trainee to carry out the work; or

(c)a student who personally carries out fire protection work as part of training under the supervision of teaching staff at—

(i)a university; or

(ii)a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or

(d)a student who, for work experience, personally carries out fire protection work as part of a pre-vocational course.

(3A)Further, subsection (1) does not apply to a person who, immediately before the establishment of a new class of licence, registration or authorisation mentioned in subsection (1), was carrying out work within the scope of work for the new class of licence, registration or authorisation in a circumstance prescribed by regulation.

(4)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.

42CA    Unlawful carrying out of mechanical services work

(1)An individual must not personally carry out, or personally supervise, mechanical services work unless the individual—

(a)holds a mechanical services occupational licence; or

(b)holds a licence, registration or authorisation under this Act or another Act that allows the person to personally carry out or personally supervise 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 mechanical services work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.

(2)Subsection (1) does not apply to an individual who personally carries out mechanical services work if the mechanical services work is a type prescribed by regulation.

(3)Also, subsection (1) does not apply to—

(a)an apprentice who personally carries out mechanical services work in a calling that requires the apprentice to carry out the work; or

(b)a trainee who personally carries out mechanical services work in a calling that requires the trainee to carry out the work; or

(c)a student who personally carries out mechanical services work as part of training under the supervision of teaching staff at—

(i)a university; or

(ii)a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or

(d)a student who, for work experience, personally carries out mechanical services work as part of a pre-vocational course.

(3A)Further, subsection (1) does not apply to a person who, immediately before the establishment of a new class of licence, registration or authorisation mentioned in subsection (1), was carrying out work within the scope of work for the new class of licence, registration or authorisation in a circumstance prescribed by regulation.

(4)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.

42D   Licensed contractor must not engage or direct unauthorised person for fire protection work

(1)A licensed contractor must not engage or direct an employee to carry out fire protection work unless the employee is authorised to carry out the work under this or another Act.

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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.

(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.

Note—

This provision is an executive liability provision—see section 111B.

42DA    Licensed contractor must not engage or direct unauthorised person for mechanical services work

(1)A licensed contractor must not engage or direct an employee to carry out mechanical services work unless the employee is authorised to carry out the work under this Act or another Act.

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 mechanical services work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.

(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.

Note—

This provision is an executive liability provision—see section 111B.

42E   Avoidance of contractual obligations causing significant financial loss

(1)This section applies to a person who is a party to a building contract.

(2)The person must not, without reasonable excuse, cause another party to the building contract to suffer a significant financial loss because of the person’s deliberate non-compliance with the contract.

Maximum penalty—350 penalty units.

Note—

See also the Justices Act 1886, section 76.

43   Licensed contractor must ensure building work is personally supervised

(1)For a licensed contractor that is a company, the company and the company’s nominee must each ensure that building work carried out by the contractor is personally supervised by—

(a)the company’s nominee; or

(b)an officer or employee of the contractor who holds one of the following licences of the relevant class authorising supervision of the building work—

(i)a nominee supervisor’s licence;

(ii)a site supervisor’s licence;

(iii)a fire protection occupational licence;

(iv)an occupational licence; or

(c)an individual who holds a contractor’s licence of the relevant class.

Maximum penalty—

(a)for an individual—200 penalty units; or

(b)for a company—1,000 penalty units.

(2)For a licensed contractor that is an individual, the contractor must ensure that building work carried out by the contractor is personally supervised by—

(a)the contractor; or

(b)an employee of the contractor who holds one of the following licences of the relevant class authorising supervision of the building work—

(i)a nominee supervisor’s licence;

(ii)a site supervisor’s licence;

(iii)a fire protection occupational licence;

(iv)an occupational licence; or

(c)an individual who holds a contractor’s licence of the relevant class.

Maximum penalty—200 penalty units.

(3)In this section—

licensed contractor does not include a licensed contractor that is a construction manager.

43A   Licensed contractor must ensure building work is adequately supervised

(1)For a licensed contractor that is a company, the company and the company’s nominee must each ensure that building work carried out by the contractor is adequately supervised.

Maximum penalty—

(a)for an individual—200 penalty units; or

(b)for a company—1,000 penalty units.

(2)For a licensed contractor that is an individual, the contractor must ensure that building work carried out by the contractor is adequately supervised.

Maximum penalty—200 penalty units.

(3)In deciding whether building work is adequately supervised, regard must be had to the following—

(a)whether the licensed contractor has a system for the supervision of the work and, if so, how the system has been implemented;

(b)whether the building work is in accordance with the plans and specifications set out in the contract for the work;

(c)whether the work is of a standard expected of a competent holder of a contractor’s licence of the relevant class;

(d)whether, having regard to the size and complexity of the building work, the following are sufficient—

(i)the level of control, oversight and direction exercised by a person authorised to supervise the work;

(ii)the number, timing and quality of inspections carried out by a person authorised to supervise the work;

(e)whether the building work is checked on its completion and before final payment by a person authorised to supervise the work.

(4)In this section—

licensed contractor does not include a licensed contractor that is a construction manager.

43B   Construction manager must ensure building work is personally supervised

(1)This section applies if a construction manager provides building work services for a principal under a construction management contract for the carrying out of building work.

(2)For a construction manager that is a company, the company and the company’s nominee must each ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by—

(a)the company’s nominee; or

(b)an officer or employee of the company who holds one of the following licences of the relevant class authorising supervision of the building work—

(i)a nominee supervisor’s licence;

(ii)a site supervisor’s licence;

(iii)a fire protection occupational licence;

(iv)an occupational licence; or

(c)an individual who holds a contractor’s licence of the relevant class.

Maximum penalty—

(a)for an individual—200 penalty units; or

(b)for a company—1,000 penalty units.

(3)For a construction manager that is an individual, the construction manager must ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by—

(a)the construction manager; or

(b)an employee of the construction manager who holds one of the following licences of the relevant class authorising supervision of the building work—

(i)a nominee supervisor’s licence;

(ii)a site supervisor’s licence;

(iii)a fire protection occupational licence;

(iv)an occupational licence; or

(c)an individual who holds a contractor’s licence of the relevant class.

Maximum penalty—200 penalty units.

43C   Construction manager must ensure building work is adequately supervised

(1)This section applies if a construction manager provides building work services for a principal under a construction management contract for the carrying out of building work.

(2)For a construction manager that is a company, the company and the company’s nominee must each ensure that the building work carried out by licensed contractors under construction management trade contracts for the principal is adequately supervised.

Maximum penalty—

(a)for an individual—200 penalty units; or

(b)for a company—1,000 penalty units.

(3)For a construction manager that is an individual, the construction manager must ensure that the building work carried out by licensed contractors under construction management trade contracts for the principal is adequately supervised.

Maximum penalty—200 penalty units.

(4)In deciding whether building work is adequately supervised, regard must be had to the following—

(a)whether the construction manager has a system for the supervision of the work and, if so, how the system has been implemented;

(b)whether the building work is in accordance with the plans and specifications set out in the contract for the work;

(c)whether the work is of a standard expected of a competent holder of a contractor’s licence of the relevant class;

(d)whether, having regard to the size and complexity of the building work, the following are sufficient—

(i)the level of control, oversight and direction exercised by a person authorised to supervise the work;

(ii)the number, timing and quality of inspections carried out by a person authorised to supervise the work;

(e)whether the building work is checked on its completion and before final payment by a person authorised to supervise the work.

Division 8 Owner-builders

43D   Definitions for div 8

In this division—

carry out, in relation to owner-builder work, means—

(a)carry out the work personally; or

(b)do both of the following—

(i)engage 1 or more licensed contractors to carry out building work;

(ii)provide building work services that would usually be carried out by a licensed contractor in the course of the contractor’s business; or

(c)do a combination of (a) and (b).

Examples of an owner providing building work services—

•directing licensed contractors how to perform building work

•coordinating the scheduling of building work by licensed contractors

•arranging for payment of subcontractors

multiple dwelling means a building comprising 2 or more residential units.

owner includes a person—

(a)who—

(i)holds an estate or interest in land that entitles the person to become an owner (as defined in schedule 2) of the land; or

(ii)is the occupier of land under a lease, licence or other authority from the owner (as defined in schedule 2) of the land; and

(b)who produces, with an application for an owner-builder permit, the written agreement of the owner (as defined in schedule 2) of the land for an owner-builder permit to be issued to the person.

owner-builder course means a course prescribed by regulation.

owner-builder work means building work for a building that is to be used for residential purposes carried out on the owner’s land other than the following—

(a)building work for a multiple dwelling;

(b)fire protection work, unless the work is carried out by a person who holds a licence to carry out the work;

(c)building work for which an occupational licence is required (the occupational work), unless the work is carried out by a person who holds a licence to carry out the work.

43E   When owner-builder permit is required

An owner requires a permit (an owner-builder permit) to carry out owner-builder work on the owner’s land.

44   Application for owner-builder permit

(1)The owner of land may apply to the commission for an owner-builder permit.

(2)The application must be—

(a)in writing; and

(b)in the form decided by the commission; and

(c)signed by—

(i)for an owner that is not a company, the owner, or if there is more than 1 owner, by all the owners; or

(ii)for a company, by all the directors of the company; and

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

(3)The application must—

(a)state the name of the owner; and

(b)if the owner is a company, state the names of the directors and the company’s ACN number; and

(c)state the location of the land; and

(d)include a description of the work to be carried out; and

(e)include other information the commission reasonably requires to decide an application.

(4)The application must be accompanied by—

(a)proof of the applicant’s identity; and

(b)if the applicant is a company, a copy of the company’s current or historical extract; and

(c)proof that the applicant is the owner of the land; and

(d)proof that an owner-builder course has been successfully completed by an individual who is—

(i)an applicant; or

(ii)a director of a company that is an applicant.

44A   Consideration of application for permit

(1)The commission must consider the application and either grant, or refuse to grant, the application.

(2)However, before deciding the application, the commission may, by written notice given to the applicant, require the applicant to give the commission, within a reasonable period of at least 14 days stated in the notice, further information or a document the commission reasonably considers is needed to decide the application.

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

(b)is entered into after the dispute to which it relates arises.

46   Consumer building guide

(1)The commission must prepare and publish a consumer building guide in a form prescribed by regulation.

(2)The consumer building guide may, for informational purposes, contain information about the following—

(a)warnings about cost plus contracts;

(b)information about the cooling-off period;

(c)commencement notice requirements;

(d)deposit and progress payment requirements;

(e)variation procedures;

(f)statutory warranties;

(g)dispute resolution procedures.

(3)Subsection (2) does not limit the type of information the commission may include in the consumer building guide.

Schedule 2 Dictionary

section 4

accumulate, for part 3E, see section 67AQ.

administering authority, for part 3E, see section 67AQ.

administration services, for building work or tribunal work, includes the following—

(a)preparing tender documentation and calling and selecting tenders;

(b)arranging and conducting on-site meetings and inspections;

(c)arranging payment of subcontractors;

(d)arranging for certificates, including certificates from a local government, to be issued;

(e)administration for the work usually carried out by—

(i)a construction manager; or

(ii)a project manager under a project management agreement;

(f)other administration for the work usually carried out by a licensed contractor in the course of the contractor’s business.

Advisory Service ...

advisory services, for building work or tribunal work, includes the provision of advice or a report about building work other than—

(a)the carrying out of a completed building inspection; or

(b)the inspection or investigation of a building, and the provision of advice or a report, for the following—

(i)termite management systems for the building;

(ii)termite infestation in the building.

alternative solution ...

apprentice see the Further Education and Training Act 2014, schedule 1.

appropriate insurance premium, for part 5, see section 67WA.

approved form means a form approved by the chief executive or the commissioner under section 115C.

approved security provider, for part 4A, see section 67A.

architect means a person registered as an architect under the Architects Act 2002.

assessment manager means an assessment manager under the Planning Act.

assistance, for part 5, see section 67WA.

associated insurable work, for part 5, see section 67WD.

associated with, in relation to a building or other structure, see section 74AA.

authority ...

automated bleeding device means an automatic device used for the purposes of draining or bleeding or removing fluid or gas.

banned individual see section 67AC.

board means the Queensland Building and Construction Board established under section 10.

board’s policies ...

building—

(a)generally, includes any fixed structure; or

Examples of a fixed structure—

•a fence other than a temporary fence

•a water tank connected to the stormwater system for a building

•an in-ground swimming pool or an above-ground pool fixed to the ground

(b)for part 6AA, see section 74AA; or

(c)for schedule 1B, see schedule 1B, section 1.

Building Code of Australia see the Building Act 1975, section 12.

building contract—

(a)for part 3E—see section 67AAA; and

(b)for part 4A—see section 67AAA; and

(c)for schedule 1, part 2—see schedule 1, section 8; and

(d)otherwise—means a contract or other arrangement for carrying out building work in Queensland.

building contractor—

(a)generally, means a person who carries on a business that consists of or includes carrying out building work, and includes a subcontractor who carries out building work for a building contractor; but

(b)for schedule 1B, see schedule 1B, section 1.

building dispute means—

(a)a domestic building dispute; or

(b)a minor commercial building dispute; or

(c)a major commercial building dispute if the parties to the dispute consent to the dispute being heard by the tribunal under section 79.

building owner—

(a)generally, means a person for whom tribunal work is to be, is being or has been carried out, but does not include a building contractor for whom tribunal work is carried out by a subcontractor; but

(b)for schedule 1B, see schedule 1B, section 1.

building product see section 74AB(1).

building product undertaking, for part 6AA, see section 74AO(1).

building site—

(a)generally, means a place where building work has been, is being, or is to be, carried out; but

(b)for schedule 1B, see schedule 1B, section 1.

building work means—

(a)the erection or construction of a building; or

(b)the renovation, alteration, extension, improvement or repair of a building; or

(c)the provision of lighting, heating, ventilation, air conditioning, water supply, sewerage or drainage in connection with a building; or

(e)any site work (including the construction of retaining structures) related to work of a kind referred to above; or

(f)the preparation of plans or specifications for the performance of building work; or

(fa)contract administration carried out by a person in relation to the construction of a building designed by the person; or

(g)fire protection work; or

(ga)mechanical services work; or

(h)carrying out site testing and classification in preparation for the erection or construction of a building on the site; or

(i)carrying out a completed building inspection; or

(j)the inspection or investigation of a building, and the provision of advice or a report, for the following—

(i)termite management systems for the building;

(ii)termite infestation in the building;

but does not include work of a kind excluded by regulation from the ambit of this definition.

building work services means 1 or more of the following for building work—

(a)administration services;

(b)advisory services;

(c)management services;

(d)supervisory services.

calling includes a craft, manufacture, occupation, trade, undertaking or vocation.

carry out, for building work (other than for part 4A) means any of the following—

(a)carry out the work personally;

(b)directly or indirectly cause the work to be carried out;

(c)provide building work services for the work.

carry out building work, for part 4A, see section 67A.

carry out tier 1 defective work see section 67AB(2).

certificate of inspection, for schedule 1B, see schedule 1B, section 1.

code of practice, for part 6AA, see section 74AA.

commercial building contract, for part 4A, see section 67A.

commercial building dispute means—

(a)a claim or dispute arising between a building owner and a building contractor relating to the performance of reviewable commercial work or a contract for the performance of reviewable commercial work; or

(b)a claim or dispute arising between 2 or more building contractors relating to the performance of reviewable commercial work or a contract for the performance of reviewable commercial work; or

(c)a claim or dispute in negligence, nuisance or trespass related to the performance of reviewable commercial work other than a claim for personal injuries; or

(d)a claim or dispute arising between a building owner or a building contractor and any 1 or more of the following relating to the performance of reviewable commercial work or a contract for the performance of reviewable commercial work—

(i)an architect;

(ii)an engineer;

(iii)a surveyor;

(iv)a quantity surveyor;

(v)an electrician or an electrical contractor;

(vi)a supplier or manufacturer of materials used in the tribunal work.

commission means the Queensland Building and Construction Commission established under section 5.

commissioner means the commissioner of the commission.

company means any body corporate.

completed building inspection means the inspection or investigation of, and the provision of advice or a report about, the following class 1a or 10 buildings under the Building Code of Australia—

(a)a building for which there is no current contract between a building contractor and a consumer because the contract has been completed;

Example—

an existing detached house that has previously been occupied or that has recently been built

(b)a building on which work is not being carried out because the contract under which it was being carried out has been terminated;

Example—

a detached house on which a building contractor has stopped building work in breach of the terms of a contract with a consumer and the consumer has terminated the contract

(c)a building on which work is being, or was, carried out but not under a contract between a building contractor and a consumer.

Example—

a detached house being built by, or that was built by, a building contractor but not under a contract with a particular consumer This is known in the building industry as “a speccy”.

Editor’s note—

Class 1a includes a detached house, a row house, a terrace house, a town house and a villa unit.

Class 10 includes non-habitable buildings such as private garages, carports and sheds.

compliance purpose, for part 9, see section 103G.

condition includes a limitation or restriction.

consequential damage see section 71H.

construction management contract means a contract under which a principal engages a construction manager to provide building work services for building work carried out for the principal under construction management trade contracts.

construction management trade contract see section 67A.

construction manager means a person who provides building work services for the carrying out of building work for a principal under a construction management contract.

consumer—

(a)generally, means a person for whom building work is carried out, but does not include a building contractor for whom building work is carried out by a subcontractor; but

(b)for part 5, see section 67WA.

consumer building guide, for schedule 1B, see schedule 1B, section 1.

contract—

(a)for the carrying out of residential construction work, for part 5, see section 67WBA; or

(b)for part 7, means a contract for carrying out tribunal work.

contract administration, in relation to building work designed by a person, includes the following—

(a)preparing tender documentation and calling and selecting tenders;

(b)preparing, or helping the person’s clients with the preparation of, contracts;

(c)preparing additional documentation for the person’s clients or building contractors;

(d)arranging and conducting on-site meetings and inspections;

(e)arranging progress payments;

(f)arranging for certificates, including certificates from a local government, to be issued;

(g)providing advice and help to the person’s clients including during the maintenance period allowed under a contract.

contracted party, for part 4A, see section 67A.

contracted services, for schedule 1B, see schedule 1B, section 1.

contracting party see section 67A.

contractor’s licence see section 30(1).

contract price, for a building contract, means the amount payable under the contract for carrying out the building work the subject of the contract, including, if the contract has been the subject of a variation, the contract as varied.

convicted company officer means a person who has been convicted of an offence under the Corporations Act 2001 (Cwlth), section 596(1)(b) or (c).

conviction, for part 3E, see section 67AQ.

cooling tower means a device for lowering—

(a)the temperature of recirculated water by bringing the water into contact with fan-forced, or fan-induced, atmospheric air; or

(b)the temperature of water, a refrigerant or other fluid in a pipe or other container by bringing recirculated water and fan-forced, or fan-induced, atmospheric air into contact with the pipe or container.

cost escalation clause ...

cost plus contract, for schedule 1B, see schedule 1B, section 1.

decision includes an order or direction.

default certificate see section 67AQ.

defective, in relation to building work, includes faulty or unsatisfactory.

defects document, for schedule 1B, see schedule 1B, section 1.

defects liability period, for part 4A, see section 67A.

demerit matter see section 67AQ.

demerit offence, for part 3E, see section 67AR.

demerit points see section 67AQ.

design work means—

(a)the preparation of plans or specifications for building work; or

(b)professional advice in relation to building work.

detached dwelling, for schedule 1B, see schedule 1B, section 1.

determination ...

developer register, for part 8, see section 98.

development approval means a development approval under the Planning Act.

direction to rectify or remedy means a direction given under section 72(2).

disciplinary proceeding ...

display home ...

disqualified individual see section 67AU.

document certification requirement, for part 9, see section 105Q(6).

document production requirement, for part 9, see section 105Q(2).

domestic building contract, for schedule 1B, see schedule 1B, section 3.

domestic building dispute means—

(a)a claim or dispute arising between a building owner and a building contractor relating to the performance of reviewable domestic work or a contract for the performance of reviewable domestic work; or

(b)a claim or dispute arising between 2 or more building contractors relating to the performance of reviewable domestic work or a contract for the performance of reviewable domestic work; or

(c)a claim or dispute in negligence, nuisance or trespass related to the performance of reviewable domestic work other than a claim for personal injuries; or

(d)a claim or dispute arising between a building owner or a building contractor and any 1 or more of the following relating to the performance of reviewable domestic work or a contract for the performance of reviewable domestic work—

(i)an architect;

(ii)an engineer;

(iii)a surveyor;

(iv)a quantity surveyor;

(v)an electrician or an electrical contractor;

(vi)a supplier or manufacturer of materials used in the tribunal work.

domestic building work see schedule 1B, section 4.

draftsperson, for schedule 1B, see schedule 1B, section 1.

drainage see the Plumbing and Drainage Act 2018, schedule 1.

electronic document ...

employee of the employing office see section 29F(2).

employing office means the Queensland Building and Construction Employing Office established under section 29A.

enforcement debtor see the State Penalties Enforcement Act 1999, schedule 2.

enforcement order see the State Penalties Enforcement Act 1999, schedule 2.

engineer means a person who is a registered professional engineer under the Professional Engineers Act 2002.

examine, for part 9, see section 103G.

excluded building work, for schedule 1B, see schedule 1B, section 1.

excluded company see section 56AC(6).

excluded individual, for a relevant event, see section 56AC(3) and (4).

exclusion notice see section 50CB(1).

executive officer, for part 2A, means the executive officer of the employing office appointed under section 29D.

executive officer, of a company, means a person who is—

(a)a director or secretary of the company; or

(b)a person who is concerned with, or takes part in, the company’s management, whether or not the person is a director or secretary of the company or the person’s position is given the name of executive officer.

exempt building work ...

farm building, for schedule 1B, see schedule 1B, section 1.

field work means—

(a)a site investigation; or

(b)a site assessment; or

(c)soil sampling; or

(d)soil collection.

fire protection equipment, for a building, means equipment for protecting all or part of the building from fire that consists of, or is a system comprised of, 1 or more of the following—

(a)a portable firefighting appliance, including, for example, a wheeled fire-extinguisher, fire hose or portable fire-extinguisher;

(b)a fire hydrant system, with or without a pump;

(c)a fire hose reel system, with or without a pump;

(d)a fire or smoke detection system, heat or smoke alarm or another alarm system or emergency warning and communication system;

(e)a fire suppression system or fire sprinkler system, whether solid-based, liquid-based or gas-based;

(f)a fire door, fire shutter or fire damper assembly;

(g)a fire or smoke wall;

(h)a fire collar;

(i)a fire penetration joint or seal;

(j)emergency lighting.

fire protection occupational licence see section 30C(1) and (2).

fire protection system ...

fire protection work see section 30CA.

foundations data, for schedule 1B, see schedule 1B, section 8.

general power, for part 9, see section 105L(1).

government entity see the Public Sector Act 2022, section 276.

help requirement, for part 9, see section 105M(1).

home, for schedule 1B, see schedule 1B, section 9.

home-building contract ...

identity card, for part 9, see section 103G.

incomplete, for part 5, see section 67WA.

industrial instrument see the Industrial Relations Act 2016, schedule 5.

influential person see section 4AA.

information notice, for part 9, see section 103G.

infringement notice see section 67AQ.

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

insolvent under administration ...

install and installer, for part 6AA, see section 74AA.

insurable value, for part 5, see section 67WA.

insurance notification form means a form approved by the commission on which information about building work is submitted to the commission for covering the work under the statutory insurance scheme.

intended use, for a building product, see section 74AA.

internal review application, for part 7, division 3, subdivision 1, see section 85A.

internal review decision, for part 7, division 3, subdivision 1, see section 86C(1).

internal reviewer, for part 7, division 3, subdivision 1, see section 85A.

interstate or New Zealand licence means a licence granted by an interstate or New Zealand licensing authority that authorises the carrying out of building work that is equivalent, or substantially equivalent, to building work authorised under a licence under this Act.

interstate or New Zealand licensing authority means an entity established under a law of another State or New Zealand having functions similar to the commission’s functions for granting licences under this Act.

judgment debt see section 67AS.

level 1 regulated contract, for schedule 1B, see schedule 1B, section 6.

level 2 regulated contract, for schedule 1B, see schedule 1B, section 7.

licence means a licence under this Act.

licence card means a licence card issued under section 34.

licence certificate means a licence certificate issued under section 34.

licensed builder means a person who is a licensed builder under the regulations.

licensed contractor means a person who holds a contractor’s licence.

licensed supervisor, for building work, means a person who holds a licence under this Act authorising supervision of building work of the relevant class.

licensee means a person who holds a licence.

licensee register, for part 8, see section 98.

major commercial building dispute means a commercial building dispute where either the claim or the counterclaim exceeds $50,000.

major domestic building work ...

manage, for schedule 1B, see schedule 1B, section 1.

management services, for building work or tribunal work, includes—

(a)coordinating the scheduling of the work by building contractors including as agent for another person; and

(b)management for the work usually carried out by—

(i)a construction manager; or

(ii)a project manager under a project management agreement; and

(c)other management for the work usually carried out by a licensed contractor in the course of the contractor’s business.

mechanical services occupational licence see section 30D(1) and (2).

mechanical services work means—

(a)the construction, installation, replacement, repair, alteration, maintenance, testing or commissioning of a mechanical heating or cooling system in a building, that is associated with the heating or cooling of that building and includes the construction, installation, replacement, repair, alteration, maintenance, testing or commissioning of—

(i)a valve, regulator, register, pipe, tank, heating or cooling pipe or surface, solid fuel heater, coil or other item that is used in the system; and

(ii)in relation to a cooling tower—a water pipe, valve, pump, automated dosing device or automated bleeding device or any other mechanical component that affects the cooling tower's cooling water flow rate or wastewater disposal; and

(b)the construction, installation, replacement, repair, alteration, maintenance, testing and commissioning of a medical gas system; and

(c)any design work that is—

(i)incidental to, or associated with work mentioned in paragraph (a); and

(ii)prescribed by regulation;

but does not include—

(d)gas work regulated under the Petroleum and Gas (Production and Safety) Act 2004; or

(e)any treatment of cooling water; or

(f)the connection or disconnection of a system mentioned in paragraph (a) or (b) from a water supply other than disconnection of the system from a water supply at an isolating valve adjacent to a mechanical component of that system; or

(g)design work that is a professional engineering service under the Professional Engineers Act 2002; or

(h)manufacturing of pipe or ducting or components manufactured off-site; or

(i)installation of a single head split system; or

(j)installing ductwork and enclosures for air-conditioning, air handling and mechanical ventilation systems; or

(k)any other work prescribed by regulation.

medical gas means any gas or mixture of gases or other substance or process used for hospital or medical use that is supplied to, removed from or conducted at, a hospital or other place where medical procedures are carried out, by way of a pipeline reticulation system and includes oxygen, helium, nitrous oxide, nitrogen, medical air, surgical tool gas, carbon dioxide and common mixtures of those gases as well as anaesthesia waste.

medical gas system means any fixed component used—

(a)in a reticulation system for the supply or removal of medical gas from the gas source to a wall outlet; and

(b)for patient care, therapeutic, diagnostic purposes or surgical tools.

member means member of the board.

minimum financial requirements means the financial requirements prescribed by regulation.

minor commercial building dispute means a commercial building dispute where neither the claim nor the counterclaim exceeds $50,000.

minor domestic building dispute means a domestic building dispute where neither the claim nor the counterclaim exceeds $10,000.

mixed-purpose contract, for schedule 1B, see schedule 1B, section 1.

nominated supervisor ...

nominee, in relation to a company, means an officer or employee of the company nominated by the company to have the general supervision of building work to be carried out under a licence.

nominee supervisor means a person who holds a nominee supervisor’s licence.

nominee supervisor’s licence see section 30A(1).

non-compliance risk, for part 6AA, see section 74AA.

non-conforming building product see section 74AB(2).

notifiable incident means—

(a)the death or serious injury or illness of a person; or

(b)an incident that exposes a person to a risk of serious injury or illness.

Example for paragraph (b)—

the collapse or partial collapse of a building

occupational licence means a licence or registration for an occupation relating to building work that is—

(a)given to a person under an Act prescribed by regulation; and

(b)required by the person to carry out the occupation.

occupier, for part 9, see section 103G.

offence warning, for part 9, see section 103G.

optional additional cover, for part 5, see section 67Z(4).

owner—

(a)of land generally, means—

(i)for freehold land—the registered owner of the land under the Land Title Act 1994; or

(ii)for land held under a statutory lease or licence giving a right to possession of the land—the lessee or licensee; and

(b)of land, for part 3, division 8—see also section 43D; and

(c)of a seized thing under part 9—see section 103G.

owner-builder course, for part 3, division 8, see section 43D.

owner-builder permit see section 43E.

owner-builder register, for part 8, see section 98.

owner-builder work see section 43D.

payment claim, for part 4A, see section 67A.

performance solution see the Building Act 1975, schedule 2.

period of 3 years, for part 3E, see section 67AQ.

permanently excluded individual see section 58.

permitted individual ...

permittee means the holder of an owner-builder permit under this Act.

personal details requirement, for part 9, see section 105O(5).

personally supervise, in relation to building work, means personally exercise control over the work by overseeing and directing the work to ensure it is—

(a)in accordance with the plans and specifications set out in the contract for the work; and

(b)of a standard expected of a competent holder of a contractor’s licence of the relevant class.

person in control, for part 9, see section 103G.

person in the chain of responsibility, for a building product, see section 74AE.

PIN see section 34A.

place, for part 9, see section 103G.

Planning Act means the Planning Act 2016.

plumbing see the Plumbing and Drainage Act 2018, schedule 1.

practical completion, for schedule 1B, see schedule 1B, section 1.

practical completion, for part 4A, see section 67A.

premises, for part 9, see section 103G.

primary insurable work, for part 5, see section 67WC.

prime cost item, for schedule 1B, see schedule 1B, section 1.

principal see section 67A.

private sector entity means an entity that is not owned, either wholly or partly, by the State, the Commonwealth or a local government, or any of their authorities or agencies.

progress payment—

(a)for part 4A, see section 67A; and

(b)for schedule 1B, see schedule 1B, section 1.

project management agreement means a contract under which a principal engages a project manager to provide building work services for building work carried out for the principal other than under construction management trade contracts.

project manager means a person who provides building work services for the carrying out of building work for a principal under a project management agreement.

provisional sum, for schedule 1B, see schedule 1B, section 10.

public place, for part 9, see section 103G.

public-private partnership means an arrangement between the following entities with the purpose of financing, designing, constructing, maintaining or operating public infrastructure—

(a)the State, the Commonwealth or a local government, or any of their authorities or agencies;

(b)1 or more private sector entities.

qualified accountant see section 50CA(1).

Real Property Acts ...

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

reasonably practicable, for part 6AA, see section 74AA.

reasonably suspects, for part 9, see section 103G.

recall order, for part 6AA, see section 74AW(1).

recorded conviction, for an indictable offence, does not include a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence.

rectify building work means to remedy defective building work or to complete incomplete building work.

registrar—

(a)for part 3E—see section 67AQ; or

(b)otherwise—means the principal registrar under the Tribunal Act.

registrar of titles, for land that is not under the Land Title Act 1994, means the officer responsible for keeping a register for the land.

regulated amount, for schedule 1B, see schedule 1B, section 1.

regulated contract, for schedule 1B, see schedule 1B, section 5.

related roofed building, for part 5, see section 67WF.

relevant Act, for part 9, see section 103G.

relevant bankruptcy event see section 56AC(1)(a).

relevant company event see section 56AC(2)(b).

relevant details, for part 3A, division 4, see section 56AI(2).

relevant entity, for part 9A, see section 108AA(1).

relevant event means a relevant bankruptcy event or a relevant company event.

relevant officer, of the commission, means—

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

(b)an officer or employee of the commission.

relevant regulatory provisions, for part 6AA, see section 74AA.

relevant work, for part 6AA, see section 74AA.

renewal day, for a licence, means the day the licence is due to be renewed.

representation, for part 6AA, see section 74AA.

residence, for part 5, see section 67WE.

residential construction work see section 67WA.

residential unit means a part of a building designed for separate occupation as a residence.

resident owner, for schedule 1B, see schedule 1B, section 1.

responsible person, for part 6AA, see section 74AA.

retention amount, for part 4A, see section 67A.

review means review by the tribunal.

reviewable commercial work means tribunal work other than reviewable domestic work.

reviewable decision—

(a)for part 7, division 3, subdivision 1, see section 86; or

(b)for part 7, division 3, subdivision 2, see section 86E.

reviewable domestic work means domestic building work under schedule 1B, section 4, except that for applying schedule 1B, section 4(8), the definition excluded building work under the schedule is taken not to mean anything mentioned in paragraph (b), (c) or (d) of that definition.

safe, for part 6AA, see section 74AA.

safety risk, for part 6AA, see section 74AA.

schedule section, for schedule 1B, see schedule 1B, section 1.

security, for part 4A, see section 67A.

seized thing, for part 9, see section 103G.

serious injury or illness, of a person, means an injury or illness requiring the person to have—

(a)immediate treatment as an inpatient in a hospital; or

(b)immediate treatment for—

(i)the amputation of any part of his or her body; or

(ii)a serious head injury; or

(iii)a serious eye injury; or

(iv)a serious burn; or

(v)the separation of his or her skin from an underlying tissue (for example, degloving or scalping); or

(vi)a spinal injury; or

(vii)the loss of a bodily function; or

(viii)serious lacerations; or

(c)medical treatment within 48 hours of exposure to a substance.

Service Trades Council means the Service Trades Council continued in existence under the Plumbing and Drainage Act 2018, section 105.

site classification means the classification of a site, or the reclassification of a site, under a standard directed to ensuring the appropriate selection or design of footings.

site supervisor means a person who holds a site supervisor’s licence.

site supervisor’s licence see section 30B(1) and (2).

site testing means—

(a)field work for soil testing or site classification; or

(b)laboratory testing of soil.

special purpose vehicle means an entity—

(a)established for the purpose of carrying out a public-private partnership; and

(b)declared by the Treasurer by gazette notice to be a special purpose vehicle for this Act.

speculative residential construction work, for part 5, see section 67WA.

spent conviction ...

SPER, for part 3E, see section 67AQ.

statutory insurance scheme means the insurance scheme established under part 5.

statutory warranties, for schedule 1B, see schedule 1B, section 1.

subcontract, for part 4A, see section 67A.

subcontractor—

(a)for part 7—means—

(i)a building contractor who carries out tribunal work for another building contractor; or

(ii)a building contractor who carries out tribunal work for another person under a construction management trade contract under section 67B; and

(b)for schedule 1B, see schedule 1B, section 1.

subject work, for schedule 1B, see schedule 1B, section 1.

supervisor’s licence ...

supervisory services, for building work or tribunal work, includes—

(a)the development, implementation and management of a system for the supervision of the work; and

(b)the coordination or management of persons undertaking the supervision of the work; and

(c)the personal supervision of the work; and

(d)any other supervision of building work under this Act.

term of ban see section 67AO.

term of disqualification, for part 3E, see section 67AZM.

tier 1 defective work see section 67AB(1).

trade licence ...

trainee see the Further Education and Training Act 2014, schedule 1.

tribunal means QCAT.

Tribunal Act ...

tribunal work see sections 75 and 76.

undertake to carry out, for building work, means any of the following—

(a)enter into a contract to carry out the work;

(b)submit a tender to carry out the work;

(c)make an offer to carry out the building work.

unsatisfied, in relation to a judgment debt, see section 67AT.

valuable instrument, for part 4A, see section 67A.

value of building work means an amount representing the reasonable cost to a consumer of having the work carried out by a licensed contractor on the basis that all building materials are to be supplied by the contractor (whether or not the work is in fact carried out by a licensed contractor on that basis).

variation, for part 4A, see section 67A.

warning statement, for part 6AA, see section 74AZC(1).

work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.

written form ...