Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 (Qld)

Queensland Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Act No. 57 of 2014

Queensland Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Queensland Building and ConstructionCommission Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 19 (Board’s policy). . . . . . . . . . . . . . . . . . . . . . . 13 Replacement of s 37 (When licences to be renewed) . . . . . . . . . 13 37 Period of renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 37A (Commission to advise licensee before licence due for renewal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 37B (Applications for renewal of licence) . . . . . 14 Omission of s 37C (Renewal fee increased if directions given) . . 14 Amendment of s 38 (Suspension for non-payment of fee) . . . . . . 14 Insertion of new pt 3, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 6 Restoration of licences 39 Restoration of licence . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 42C (Unlawful carrying out of fire protection work) 15 Amendment of s 49B (Suspension or cancellation for failure to comply with tribunal’s orders and directions) . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 50A (Approved audit program) . . . . . . . . . . . . . 15 Omission of s 50B (Notice of proposed audit program) . . . . . . . . 16 Amendment of s 50C (Supply of financial records and other documents under approved audit program or for other reason) . . . . . . . . . . . 16

Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Contents 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Page 2 Amendment of s 51B (Licensed contractor must not contract with unlicensed person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of pt 3A, hdg (Excluded and permitted individuals and excluded companies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 56AC (Excluded individuals and excluded companies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Omission of pt 3A, div 2 (Categorisation as permitted individual) 18 Amendment of s 56AF (Procedure if licensee is excluded individual) 18 Amendment of s 56AG (Procedure if licensee is excluded company) 19 Amendment of s 58 (Meaning of permanently excluded individual) 19 Amendment of s 61 (When individual no longer permanently excluded individual) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Omission of s 67AP (Relationship of this part with pt 7, div 4). . . 20 Amendment of s 67AQ (Definitions for pt 3E) . . . . . . . . . . . . . . . 20 Replacement of s 67AR (Meaning of demerit offence). . . . . . . . . 20 67AR Meaning of demerit offence . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 67AW (Demerit points for demerit matters) . . . . 21 Amendment of s 67AX (When demerit points allocated for demerit offences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 67AZB (Limit on demerit points from single audit or investigation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Omission of s 67AZG (Notice that not a fit and proper person to individual who is not a licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Amendment of s 67AZM (Terms of disqualifications) . . . . . . . . . . 22 Insertion of new pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part 4 Domestic building contracts 67AZN Domestic building contracts . . . . . . . . . . . . . . . . . . . . 23 Insertion of new s 71AC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 71AC Tenders for rectification work . . . . . . . . . . . . . . . . . . . 23 Omission of ss 73 and 74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Replacement of pt 5 (The statutory insurance scheme). . . . . . . . 24 Part 5 The statutory insurance scheme Division 1 Preliminary 67WA Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 67WB Work not covered under the statutory insurance scheme 27 67WC Meaning of primary insurable work . . . . . . . . . . . . . . 29 67WD Meaning of associated insurable work . . . . . . . . . . . . 30 67WE Meaning of residence . . . . . . . . . . . . . . . . . . . . . . . . . 31 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Contents 67WF Meaning of related roofed building . . . . . . . . . . . . . . . 32 Division 2 Statutory insurance scheme 67X Statutory insurance scheme. . . . . . . . . . . . . . . . . . . . 33 Division 3 Assistance 67Y Assistance available under statutory insurance scheme 34 67Z Optional additional cover . . . . . . . . . . . . . . . . . . . . . . 34 68 Persons not entitled to assistance under statutory insurance scheme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 4 Insurance premiums 68A Licensed contractor pays insurance premium on behalf of consumer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 68B When insurance premium is payable by licensed contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 68C When insurance premium is payable by construction manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 68D Setting of insurance premiums . . . . . . . . . . . . . . . . . . 38 68E Obligation of assessment manager or compliance assessor in relation to insurance premium . . . . . . . . . . . . . . . . 39 Division 5 Notice and commencement of cover 68F Notice of cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 68G Refund of insurance premium if notice of cover is revoked 40 68H Cover of residential construction work . . . . . . . . . . . . 40 68I Commencement of cover . . . . . . . . . . . . . . . . . . . . . . 42 Division 6 Cancellation of cover 69 Cancellation of cover and return of premium . . . . . . . 43 Division 7 Variations 70 Residential construction work carried out under a contract with a consumer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 70A Speculative residential construction work . . . . . . . . . 46 70B Optional additional cover . . . . . . . . . . . . . . . . . . . . . . 47 70C Partial refunds of insurance premiums . . . . . . . . . . . . 47 Division 8 Recovery from licensed contractor 71 Recovery from licensed contractor etc. . . . . . . . . . . . 48 Division 9 Rectification work 71A Tenders for rectification work . . . . . . . . . . . . . . . . . . . 51 Division 10 Other 71B Statutory insurance scheme not to affect licensing decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 2014 Act No. 57 Page 3

Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Contents 37 38 39 Page 4 71C Notice of entitlement to assistance under the statutory insurance scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 71D Multiple contracts for the same residential construction work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 71E Protection of expressions associated with statutory insurance scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 71F When work is taken to have started . . . . . . . . . . . . . . 54 Replacement of pt 6 (Rectification of building work) . . . . . . . . . . 54 Part 6 Rectification of building work and remediation of consequential damage Division 1 Preliminary 71G Definition for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 71H What is consequential damage . . . . . . . . . . . . . . . . . 55 71I Who is taken to carry out building work for this part. . 56 Division 2 Direction to rectify or remedy 71J Requests for rectification of building work or remediation of consequential damage . . . . . . . . . . . . . . . . . . . . . . . . 58 72 Power to require rectification of building work and remediation of consequential damage . . . . . . . . . . . . 59 72A Powers and limitations of directions to rectify or remedy 61 Division 3 Offences and defences 73 Offence to fail to comply with direction to rectify or remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 74 Defences for failure to comply with direction to rectify or remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 6A Disciplinary proceedings 74A Commission may investigate grounds for taking disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 74B Proper grounds for taking disciplinary action against a licensee and former licensees . . . . . . . . . . . . . . . . . . 64 74C Proper grounds for taking disciplinary action against person not a licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 74D Types of disciplinary action that may be taken . . . . . . 67 74E Notice of proposed disciplinary action . . . . . . . . . . . . 68 74F Taking disciplinary action . . . . . . . . . . . . . . . . . . . . . . 68 74G When disciplinary action takes effect . . . . . . . . . . . . . 69 74H Filing of certificate as judgment debt . . . . . . . . . . . . . 70 Amendment of s 77 (Tribunal may decide building dispute) . . . . . 71 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Contents 40 Replacement of s 83 (Proceeding in tribunal stops unilateral action by commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 83 Proceeding in tribunal does not affect action by commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 41 Omission of s 84 (Action by commission while proceeding in tribunal) 72 42 Amendment of s 86 (Reviewable decisions). . . . . . . . . . . . . . . . . 72 43 Amendment of s 86F (Decisions that are not reviewable decisions) 73 44 Insertion of new s 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 87A No stay by QCAT of particular decisions of commission 74 45 Omission of pt 7, div 4 (Disciplinary proceedings) . . . . . . . . . . . . 75 46 Amendment of s 97B (Stop orders) . . . . . . . . . . . . . . . . . . . . . . . 75 47 Amendment of s 99 (Licensee register) . . . . . . . . . . . . . . . . . . . . 75 48 Amendment of s 101 (Licensees must advise change of circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 49 Amendment of s 103E (Publication of registers) . . . . . . . . . . . . . 76 50 Amendment of s 105 (Inspector to produce identity card and provide information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 51 Amendment of s 106 (Inspector’s power to require name and address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 52 Amendment of s 106A (Power to require production of documents) 78 53 Insertion of new pt 9B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Part 9B Injunctions 108AD Grounds for injunction . . . . . . . . . . . . . . . . . . . . . . . . 79 108AE Commissioner may apply for injunction . . . . . . . . . . . 80 108AF When injunction may be granted . . . . . . . . . . . . . . . . 80 108AG Court’s powers for injunctions . . . . . . . . . . . . . . . . . . 80 108AH Terms of injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 54 Amendment of s 108D (Contracting out prohibited) . . . . . . . . . . . 82 55 Amendment of s 109A (Service of documents) . . . . . . . . . . . . . . 82 56 Amendment of s 111 (Prosecutions for offences) . . . . . . . . . . . . 82 57 Amendment of s 111C (Liability of directors for amounts) . . . . . . 83 58 Amendment of s 116 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . 83 59 Insertion of new sch 1, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Part 11 Transitional provisions for the QueenslandBuilding and Construction Commission andOtherLegislationAmendmentAct2014 Division 1 Preliminary 53 Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 84 2014 Act No. 57 Page 5

Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Contents 60 Page 6 Division 2 General 54 Continuation of particular reviews . . . . . . . . . . . . . . . 84 55 Existing disciplinary proceedings . . . . . . . . . . . . . . . . 85 56 Allocation of demerit points . . . . . . . . . . . . . . . . . . . . 86 57 Categorisation as excluded individual or permanently excluded individual continues. . . . . . . . . . . . . . . . . . . 86 58 Becoming a permitted individual after the commencement87 59 Categorisation as permitted individual continues . . . . 88 Division 3 Rectification of building work 60 Outstanding applications for rectification of building work that is defective or incomplete . . . . . . . . . . . . . . . . . . . . . . 89 61 Outstanding directions to rectify building work that is defective or incomplete. . . . . . . . . . . . . . . . . . . . . . . . 89 Division 4 Repeal of the Domestic Building Contracts Act 2000 62 Domestic building contracts entered into before repeal 90 63 Continued reference to conduct under the repealed DomesticBuildingContractsAct2000 . . . . . . . . . . . . 91 64 Past contraventions of repealed Act . . . . . . . . . . . . . . 91 Division 5 Statutory insurance scheme 65 Continuation and finalisation of matters under former part 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 66 Existing policies of insurance . . . . . . . . . . . . . . . . . . . 93 67 Repeal of board’s policies about statutory insurance scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Division 6 Transitional regulation 68 Transitional regulation-making power . . . . . . . . . . . . . 94 Insertion of new sch 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Schedule 1B Domestic building contracts Part 1 Interpretation 1 Definitions for sch 1B . . . . . . . . . . . . . . . . . . . . . . . . . 96 2 Meaning of contract price . . . . . . . . . . . . . . . . . . . . . . 102 3 Meaning of domestic building contract . . . . . . . . . . . . 102 4 Meaning of domestic building work . . . . . . . . . . . . . . 103 5 Meaning of regulated contract . . . . . . . . . . . . . . . . . . 106 6 Meaning of level 1 regulated contract. . . . . . . . . . . . . 107 7 Meaning of level 2 regulated contract. . . . . . . . . . . . . 108 8 Meaning of foundations data . . . . . . . . . . . . . . . . . . . 108 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Contents 9 Meaning of home . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 10 Meaning of provisional sum . . . . . . . . . . . . . . . . . . . . 109 11 Multiple contracts for the same domestic building work 110 12 References to particular terms . . . . . . . . . . . . . . . . . . 110 Part 2 Contracts and related documents Division 1 The contract 13 Requirements for contract—level 1 regulated contract 111 14 Requirements for contract—level 2 regulated contract 112 Division 2 Copies of documents 15 Copy of contract for building owner . . . . . . . . . . . . . . 114 16 Copy of commencement notice . . . . . . . . . . . . . . . . . 114 17 Copies of certificate of inspection . . . . . . . . . . . . . . . 115 18 Copy of consumer building guide . . . . . . . . . . . . . . . . 115 Part 3 Warranties Division 1 Incorporation of warranties 19 Implied warranties . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Division 2 Implied warranties for all contracts 20 Suitability of materials . . . . . . . . . . . . . . . . . . . . . . . . 116 21 Compliance with legal requirements . . . . . . . . . . . . . 118 22 Standard of work and exercise of care and skill . . . . . 119 Division 3 Implied warranties for particular contracts 23 Adherence to plans and specifications. . . . . . . . . . . . 119 24 Suitability of premises for occupation . . . . . . . . . . . . . 119 25 Carrying out work with reasonable diligence . . . . . . . 120 26 Calculation of provisional sums and prime cost items 120 Division 4 General 27 Warranties run with building . . . . . . . . . . . . . . . . . . . . 120 28 Protection of rights given by warranties . . . . . . . . . . . 121 29 Proceedings for breach of warranties. . . . . . . . . . . . . 121 Part 4 Restrictions relating to contracts Division 1 Entering into contracts 30 Contracted services must not start before regulated contract complies with requirements . . . . . . . . . . . . . . . . . . . . 123 31 Foundations data . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 32 Arbitration clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Division 2 Payments relating to contracts 2014 Act No. 57 Page 7

Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Contents 61 Part 3 62 63 64 65 66 Page 8 33 Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 34 Progress payments for regulated contracts . . . . . . . . 127 Part 5 Cooling-off period and withdrawing from regulated contracts 35 Right of building owner to withdraw from contract in cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 36 Restrictions affecting right of withdrawal in cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 37 Withdrawal procedure. . . . . . . . . . . . . . . . . . . . . . . . . 130 38 Rights and obligations of parties following withdrawal in cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 39 Waiving right of withdrawal . . . . . . . . . . . . . . . . . . . . . 132 Part 6 Variations of contracts 40 Variations must be in writing. . . . . . . . . . . . . . . . . . . . 133 41 General contents of document evidencing a variation 134 42 Extension of time . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Part 7 Building sites 43 Building contractor does not acquire interest in land of resident owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Part 8 Other matters relating to contracts 44 Effect of failure by building contractor to comply with requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Part 9 Miscellaneous 45 Relationship with other Acts . . . . . . . . . . . . . . . . . . . . 138 46 Consumer building guide . . . . . . . . . . . . . . . . . . . . . . 138 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 139 Amendment of HousingAct2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Amendment of pt 3, div 1 hdg (Giving information to the chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Amendment of s 17 (False or misleading information) . . . . . . . . . 144 Amendment of s 18 (Notice of changes in information) . . . . . . . . 145 Insertion of new pt 8, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Division 2A Confidentiality 94A Definitions for div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 145 94B Immunity for disclosure of particular confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 94C Prohibition on disclosure of confidential information the subject of the AmbulanceServiceAct1991, s 49A . . 147 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Contents 67 68 69 70 Part 4 71 72 73 74 75 Part 5 76 77 78 Part 6 79 Part 7 80 Schedule 1 94D Prohibition on disclosure of confidential information the subject of the Child Protection Act 1999, s 188 . . . . . 148 94E Prohibition on disclosure of confidential information the subject of the Corrective Services Act 2006, s 341 . . 149 Amendment of s 99A (Delegation by Minister or chief executive) 150 Insertion of new s 99B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 99B Acts applying to delegates and sub-delegates. . . . . . 151 Amendment of s 105 (Other evidentiary aids) . . . . . . . . . . . . . . . 152 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 153 Amendment of ResidentialTenanciesandRoomingAccommodation Act 2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Amendment of s 457 (Definitions for ch 9) . . . . . . . . . . . . . . . . . . 153 Amendment of s 458 (Non-application to internal databases) . . . 153 Amendment of s 527A (Definitions for ch 13A) . . . . . . . . . . . . . . 154 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 154 Amendment of ResidentialTenanciesandRoomingAccommodation and Other Legislation Amendment Act2013 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Amendment of s 20 (Insertion of new ch 13A) . . . . . . . . . . . . . . . 155 Amendment of s 22 (Insertion of new ch 14, pt 3) . . . . . . . . . . . . 157 Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Minor and consequential amendments Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 159 BuildingandConstructionIndustryPaymentsAct2004. . . . . . . . 159 PestManagementAct2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 PropertyOccupationsAct2014 . . . . . . . . . . . . . . . . . . . . . . . . . . 160 QueenslandBuildingandConstructionCommissionAct1991 . . 160 2014 Act No. 57 Page 9

Queensland Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 Act No. 57 of 2014 An Act to amend the Housing Act 2003, the Queensland Building andConstruction Commission Act 1991, the Residential Tenancies andRooming Accommodation Act 2008 and the Residential Tenancies andRooming Accommodation and Other Legislation Amendment Act 2013 for particular purposes, to repeal the Domestic Building Contracts Act 2000, and to make minor and consequential amendments to the legislation mentioned in the schedule [Assented to 27 October 2014]

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 . 2 Commencement This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) sections 34 and 35; (b) parts 3, 4 and 5. Part 2 Amendment of Queensland Building and Construction Commission Act 1991 3 Act amended This part amends the Queensland Building and ConstructionCommission Act 1991 . Note — See also the amendments in schedule 1. 4 Amendment of s 3 (Objects of Act) Section 3— Page 12 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 5] insert — (d) to regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners. 5 Amendment of s 19 (Board’s policy) Section 19(2)(b), ‘or completion of building work’— omit , insert — of building work or remediation of consequential damage 6 Replacement of s 37 (When licences to be renewed) Section 37— omit , insert — 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. 7 Amendment of s 37A (Commission to advise licensee before licence due for renewal) Section 37A(2)(d) and (e)— omit , insert — (d) for a contractor’s licence, when the documentary evidence required by the 2014 Act No. 57 Page 13

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 8] financial requirements stated in the board’s policies must be given to the commission. 8 Amendment of s 37B (Applications for renewal of licence) Section 37B(2)(b), from ‘renewal plus’— omit , insert — renewal; and 9 Omission of s 37C (Renewal fee increased if directions given) Section 37C— omit . 10 Amendment of s 38 (Suspension for non-payment of fee) Section 38(4)— omit . 11 Insertion of new pt 3, div 6 Part 3— insert — 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— Page 14 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 12] (a) is made within 3 months of the licence being cancelled; and (b) is accompanied by the fee prescribed by regulation. 12 Amendment of s 42C (Unlawful carrying out of fire protection work) Section 42C(3)— insert — (d) a student who, for work experience, personally carries out fire protection work as part of a pre-vocational course. 13 Amendment of s 49B (Suspension or cancellation for failure to comply with tribunal’s orders and directions) (1) Section 49B(3)— omit . (2) Section 49B(4)— renumber as section 49B(3) . 14 Amendment of s 50A (Approved audit program) (1) Section 50A(1), ‘Minister’— omit , insert — commissioner (2) Section 50A(1)(b)and (c)— omit , insert — (b) to find out if they have been complying with part 4A, part 5 or schedule 1B. (3) Section 50A(3)— omit . 2014 Act No. 57 Page 15

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 15] 15 Omission of s 50B (Notice of proposed audit program) Section 50B— omit . 16 Amendment of s 50C (Supply of financial records and other documents under approved audit program or for other reason) (1) Section 50C(1)(b)(ii)— omit , insert — (ii) the licensee is not, or has not been, complying with part 4A, part 5 or schedule 1B. (2) Section 50C(2)(b)— omit , insert — (b) the documents described in the notice that relate to the licensee’s obligations under part 4A, part 5 or schedule 1B. (3) Section 50C(3)(b)— omit , insert — (b) the documents the commission reasonably requires for deciding whether the licensee is, or has been, complying with part 4A, part 5 or schedule 1B. 17 Amendment of s 51B (Licensed contractor must not contract with unlicensed person) (1) Section 51B(1), note, ‘section 42(5) to (8)’— omit, insert — schedule 1A (2) Section 51B(1), note, ‘in the subsections’— omit, insert — Page 16 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 18] in the schedule 18 Amendment of pt 3A, hdg (Excluded and permitted individuals and excluded companies) Part 3A, heading, ‘and permitted’— omit . 19 Amendment of s 56AC (Excluded individuals and excluded companies) (1) Section 56AC(1)(a), ‘after the commencement of this section,’— omit . (2) Section 56AC(1)(b) and (2)(b), ‘5 years’— omit , insert — 3 years (3) Section 56AC(2)(a), ‘after the commencement of this section, a company’— omit , insert — a construction company (4) Section 56AC(2)(c) and (6), ‘the company’— omit , insert — the construction company (5) Section 56AC(2)(c)(ii), ‘at any time after the commencement of this section and’— omit . (6) Section 56AC— insert — (7) In this section— 2014 Act No. 57 Page 17

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 20] construction company means a company that directly or indirectly carries out building work or building work services. 20 Omission of pt 3A, div 2 (Categorisation as permitted individual) Part 3A, division 2— omit . 21 Amendment of s 56AF (Procedure if licensee is excluded individual) (1) Section 56AF(2)(b)— omit , insert — (b) that the individual may make a submission to the commission about the relevant event within the reply period; (2) Section 56AF(3)— omit , insert — (3) The commission must cancel the individual’s licence, by written notice given to the individual, if— (a) after considering any submission about the notice made by the individual within the reply period, the commission still considers the individual is an excluded individual for a relevant event; or (b) the individual does not make a submission about the notice within the reply period. (3) Section 56AF— insert — (5) In this section— Page 18 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 22] reply period , for a written notice given under subsection (2), means 28 days after the commission gives an individual the written notice. 22 Amendment of s 56AG (Procedure if licensee is excluded company) (1) Section 56AG(2)(c)— omit , insert — (c) within 28 days after the commission gives the company the written notice, the relevant individual must stop being a director, secretary or influential person; (2) Section 56AG(3)— omit , insert — (3) The commission must cancel the company’s licence by written notice given to the company if, within the 28 days mentioned in subsection (2)(c), the relevant individual does not stop being a director or secretary of, or an influential person for, the company. (3) Section 56AG(4) to (6)— omit , insert — (4) Section 49 does not apply to a cancellation under subsection (3). 23 Amendment of s 58 (Meaning of permanently excluded individual ) (1) Section 58(1)(b)(ii) and (iii)— omit , insert — (ii) why the commission considers the individual is an excluded individual for the relevant event. 2014 Act No. 57 Page 19

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 24] (2) Section 58(1)(c)— omit . 24 Amendment of s 61 (When individual no longer permanently excluded individual) Section 61, from ‘if the individual’— omit , insert — if the individual applies to the tribunal under section 86(1)(k) for a review of the commission’s decision under section 56AF that a person is an excluded individual, and the tribunal reverses or annuls the commission’s decision. 25 Omission of s 67AP (Relationship of this part with pt 7, div 4) Section 67AP— omit . 26 Amendment of s 67AQ (Definitions for pt 3E) (1) Section 67AQ, definition conviction , paragraph (e)— omit , insert — (e) a decision of the commission to take disciplinary action against the person if the disciplinary action has taken effect under section 74G. (2) Section 67AQ, definition conviction , editor’s note— omit . 27 Replacement of s 67AR (Meaning of demerit offence ) Section 67AR— omit , insert — Page 20 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 28] 67AR Meaning of demerit offence A demerit offence is— (a) an offence against a provision prescribed by regulation; or (b) a contravention of a requirement imposed under this Act and prescribed by regulation. 28 Amendment of s 67AW (Demerit points for demerit matters) Section 67AW(2)(a)— omit , insert — (a) for a conviction for a demerit offence—the number of points allocated to the offence under a regulation; 29 Amendment of s 67AX (When demerit points allocated for demerit offences) (1) Section 67AX(2)(f)— omit , insert — (f) if the commission decides to take disciplinary action against the person—on the day the disciplinary action takes effect under section 74G. (2) Section 67AX— insert — (5) In this section— appeal includes a review of a decision of the commission by the tribunal under section 86. 30 Amendment of s 67AZB (Limit on demerit points from single audit or investigation) (1) Section 67AZB, heading, ‘or investigation’— 2014 Act No. 57 Page 21

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 31] omit . (2) Section 67AZB(2), ‘6’— omit , insert — 20 (3) Section 67AZB(3), ‘another 6’— omit , insert — more (4) Section 67AZB(4), ‘However other’— omit , insert — However, more 31 Omission of s 67AZG (Notice that not a fit and proper person to individual who is not a licensee) Section 67AZG— omit . 32 Amendment of s 67AZM (Terms of disqualifications) (1) Section 67AZM(1), (5), (6) and (7), ‘67AZG,’— omit . (2) Section 67AZM(8), ‘or 67AZG(3)’— omit . 33 Insertion of new pt 4 After section 67AZM— insert — Page 22 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 34] Part 4 Domestic building contracts 67AZN Domestic building contracts (1) Domestic building contracts are regulated under schedule 1B. (2) The provisions of schedule 1B apply to domestic building contracts and the parties to those contracts. 34 Insertion of new s 71AC Part 5— insert — 71AC Tenders for rectification work (1) The commission may seek tenders for carrying out building work if the commission is of the opinion that a person may be entitled to assistance under the statutory insurance scheme. (2) The commission may accept any tender that it considers appropriate, whether or not the tender was for the lowest cost. (3) Tenders for carrying out the building work must be sought from the number of licensed contractors considered by the commission to be reasonable in the circumstances. (4) If the estimate to rectify the building work is less than $20,000, or another amount prescribed by regulation, the commission need only seek a tender for carrying out the building work from 1 licensed contractor. (5) The commission may authorise any of the following persons to act for the commission in 2014 Act No. 57 Page 23

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 35] seeking the tenders for carrying out building work— (a) the person for whom the building work requiring rectification was, or was to be, carried out; (b) a claims management consultant. (6) The commission may only have work carried out under this section to the extent that the cost of the work is covered by the assistance under the statutory insurance scheme that the person may be entitled to. 35 Omission of ss 73 and 74 Sections 73 and 74— omit . 36 Replacement of pt 5 (The statutory insurance scheme) Part 5— omit, insert — Part 5 The statutory insurance scheme Division 1 Preliminary Page 24 67WA Definitions for pt 5 In this part— appropriate insurance premium , for residential construction work, means the insurance premium set for the work under section 68D. assistance includes arranging and paying for the rectification or completion of residential 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] construction work by a licensed contractor appointed by the commission. associated insurable work see section 67WD(1). consumer , for residential construction work— (a) means a person who contracts with a licensed contractor to carry out the work; and (b) includes a person who purchases the work, once completed, if the work is primary insurable work. incomplete , in relation to residential construction work— (a) means work that has not reached practical completion; but (b) does not include— (i) work that does not comply with the contract because of a cosmetic difference; or Example of a cosmetic difference — a different shade of paint (ii) work that is defective. insurable value , of residential construction work, means an amount representing the reasonable cost to the insurer of having the work carried out by a licensed contractor on the basis that all building and other materials are to be supplied by the contractor (whether or not the work is carried out by a licensed contractor on that basis). Examples of residential construction work the insurer may have to have carried out — • relocating, transporting and resiting of an existing residence to another site 2014 Act No. 57 Page 25

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] • the construction, off-site, of a residence or related roofed building and transportation of the residence or building to the relevant building site • the erection of scaffolding required to carry out the residential construction work • transporting labour and materials to the relevant building site. optional additional cover see section 67Z(4). other materials , for residential construction work, includes appliances if included as part of the contract for carrying out the residential construction work. primary insurable work see section 67WC. related roofed building see section 67WF. residence see section 67WE. residential construction work is— (a) primary insurable work; or (b) associated insurable work. speculative residential construction work means residential construction work carried out by a building contractor if— (a) the work is not carried out under a contract with a consumer; and (b) the work is carried out on land owned by the building contractor; and (c) the work is a single detached dwelling or a multiple dwelling of not more than 3 storeys; and (d) the dwelling has been sold, or is intended for sale, to another person. Page 26 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] 67WB Work not covered under the statutory insurance scheme (1) The following work is not eligible for assistance from the statutory insurance assistance scheme— (a) building work on, or on the site of, a building or proposed building that is or forms part of any of the following— (i) a backpacker’s accommodation, boarding house, caravan park, guest house, holiday accommodation, hostel, hotel, lodging house or motel; (ii) a correctional centre, lockup, prison, reformatory or watchhouse; (iii) a hospital, nursing home or other health care building; (iv) an orphanage or children’s home; (v) a retirement village under the Retirement Villages Act 1999 ; (vi) an educational institution; (vii) group accommodation for persons with a physical or mental disability; (viii)commercial or industrial premises; (b) building work carried out by a building contractor for a person who is the holder of an owner-builder permit covering the work; (c) loading, unloading or transporting a building that, if it were fixed to land, could be a residence, or a related roofed building, regardless of whether the transport is within the boundaries of land where the building is located or otherwise; (d) off-site prefabrication of the whole of a building that could be a residence, or a 2014 Act No. 57 Page 27

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] related roofed building , whether or not the building is in its final form or in parts; (e) loading, unloading or transporting a completed prefabricated building that could be a residence or a related roofed building, whether the building is transported whole or in parts, regardless of whether the transport is within the boundaries of land where the building is prefabricated, or to be located, or otherwise; Example of a building transported in parts — A building is too large to be transported as a completed unit, and is transported on 3 trucks, then joined together on the land where it is to be used. (f) other work prescribed by regulation. (2) Any work mentioned in subsection (1) is taken not to be primary insurable work or associated insurable work. (3) Associated insurable work is not eligible for assistance from the statutory insurance assistance scheme unless carried out under a contract for primary insurable work and— (a) for primary insurable work relating to a residence—the work is carried out on the site of the residence or proposed residence and is for residential purposes; or (b) for primary insurable work relating to a related roofed building—the work is carried out on the site of the building or proposed building and is for residential purposes. (4) In this section— completed prefabricated building includes a prefabricated building— Page 28 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (a) that has not been placed on land where it is to be used; or (b) to which services have not been connected, including, for example, electricity or plumbing and drainage. 67WC Meaning of primary insurable work (1) Primary insurable work is any of the following building work if carried out by a licensed contractor and the insurable value of the work is more than the regulated amount— (a) the erection or construction of a residence or related roofed building; (b) building work within the building envelope of a residence or related roofed building; (c) building work for anything attached or connected to a residence or related roofed building that requires building or plumbing approval; (d) the erection, construction or installation of a swimming pool within the meaning of the Building Act 1975 , schedule 2; (e) other building work prescribed by regulation. (2) However, the following is not primary insurable work, but may be associated insurable work— (a) fencing; (b) landscaping; (c) electrical work under the ElectricalSafetyAct 2002 ; (d) installation, renovation, repair or replacement of any of the following— (i) airconditioning; 2014 Act No. 57 Page 29

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (ii) driveways or paths; (iii) units for heating water regardless of the source of energy for heating, and including units for heating swimming pools; (iv) refrigeration; (v) roller shades and shutter screens; (vi) security doors and grills; (vii) solar power units and associated electrical components; (viii)water tanks that are not part of a primary water supply for a residence or related roofed building; (e) other work prescribed by regulation. (3) In this section— building envelope , for a residence or related roofed building, means the outermost sides of the aggregation of the components of a building that have the primary function of separating the internal part of the residence or related roofed building from the external environment. Example of a building envelope — the slab and footings system, an external wall and a roof regulated amount means $3300 or the higher amount, if any, prescribed by a regulation. 67WD Meaning of associated insurable work (1) Associated insurable work is any additional work that may be contracted to be carried out under a contract for primary insurable work if— (a) for primary insurable work relating to a residence—the work is carried out on the Page 30 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] site of the residence or proposed residence and is for residential purposes; or (b) for primary insurable work relating to a related roofed building—the work is carried out on the site of the building or proposed building and is for residential purposes. (2) To remove any doubt, it is declared that associated insurable work may include work that is not building work. Examples for subsection (2) — electrical work under the Electrical Safety Act 2002 , erecting scaffolding, or earthmoving and excavation work 67WE Meaning of residence (1) Each of the following structures is a residence if the structure is fixed to land and used for residential purposes— (a) a single detached dwelling; (b) 1 or more attached dwellings that are separated by a common wall; Examples — a row house, terrace house, townhouse or villa unit (c) a building, of not more than 3 storeys, containing 2 or more separate residential units. (2) Part of a structure is also a residence if the structure is fixed to land and the part is designed to be used, and is used, for residential purposes. (3) A manufactured home fixed to land in a residential park (whether or not it is permanently fixed) is also a residence . 2014 Act No. 57 Page 31

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (4) For subsection (1)(c), a regulation may prescribe how to calculate the number of storeys of a building. (5) Each of the following things is not a residence — (a) boats, caravans, motor vehicles, tents, trailers, trains and similar things; (b) a building designed as a temporary building, including, for example, a demountable building. (6) In this section— manufactured home see the ManufacturedHomes (Residential Parks) Act 2003 , section 10. residential park see the ManufacturedHomes(Residential Parks) Act 2003 , section 12. storey means a space within a building which is situated between one floor level and the next floor level, or if there is no floor above, the ceiling or roof above, but is not a mezzanine or space that contains only— (a) a lift, shaft, stairway or meter room; or (b) a bathroom, shower room, laundry, water closet or other sanitary compartment; or (c) accommodation intended for not more than 3 vehicles; or (d) any combination of a thing mentioned in paragraphs (a) to (c). Page 32 67WF Meaning of related roofed building (1) A related roofed building means a building that— (a) has a roof designed to be— (i) part of the building; and 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (ii) impervious to water or wind; and (b) is, or is proposed to be, on the site of a residence or proposed residence; and (c) is used, or proposed to be used, for a purpose related to the use of a residence or proposed residence. Example of related roofed building — A private garage, shed, carport, toilet building or change room on, or proposed to be placed on, the site of an existing or proposed residence. (2) However, a building is not a related roofed building if— (a) the building is a residence; or (b) the roof of the building is a sail, umbrella or similar thing. Division 2 Statutory insurance scheme 67X Statutory insurance scheme (1) The statutory insurance scheme previously established under this Act is continued. (2) The purpose of the statutory insurance scheme is to provide assistance to consumers of residential construction work for loss associated with work that is defective or incomplete. (3) Assistance can not be provided under the scheme to a consumer unless the consumer has suffered loss as a consequence of residential construction that is defective or incomplete. (4) The statutory insurance scheme may operate under, and be referred to as, the name prescribed by regulation. 2014 Act No. 57 Page 33

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] Division 3 Assistance 67Y Assistance available under statutory insurance scheme The terms of cover under which a person is entitled to assistance under the statutory insurance scheme are prescribed by regulation. 67Z Optional additional cover (1) A consumer may obtain optional additional cover for residential construction work if a licensed contractor paid an insurance premium for the work under section 68B(2). (2) A licensed contractor who carries out speculative residential construction work may obtain optional additional cover for the work if the contractor paid an insurance premium for the work under section 68B(3). (3) However, optional additional cover is only obtainable by paying the insurance premium— (a) for a consumer—by the earlier of the following— (i) 30 business days after the day the consumer enters the relevant contract; (ii) the day the residential construction work, to be carried out under the relevant contract, starts; or (b) for a licensed contractor who carries out speculative residential construction work—before the work starts. (4) A regulation may provide for other matters relating to optional additional cover, including, for example— Page 34 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (a) the circumstances under which a person is entitled to optional additional cover; or (b) any limitations or exclusions that may apply in relation to optional additional cover. (5) In this section— optional additional cover means additional assistance provided to a person, or the additional compensation to be paid under the statutory insurance scheme, as prescribed by regulation. relevant contract , for a consumer, means a contract with a licensed contractor for residential construction work. 68 Persons not entitled to assistance under statutory insurance scheme (1) A licensed contractor who carries out speculative residential construction work is not entitled to assistance under the statutory insurance scheme for the work. Note — See section 68A (Licensed contractor pays insurance premium on behalf of consumer). (2) If a person enters into 1 or more building contracts, in force at the same time, to construct 3 or more living units, the person is not entitled to assistance under the statutory insurance scheme for the work carried out under the contracts. (3) For subsection (2)— (a) a single detached dwelling is taken to be 1 living unit; and (b) a residential unit is taken to be 1 living unit; and (c) a duplex is taken to be 2 living units. 2014 Act No. 57 Page 35

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (4) A regulation may prescribe other circumstances under which a person is not entitled to assistance under the statutory insurance scheme. (5) Nothing in section (1), (2) or (4) affects the right of a subsequent owner of residential construction work mentioned in this section to make a claim for assistance under the statutory insurance scheme. Division 4 Insurance premiums 68A Licensed contractor pays insurance premium on behalf of consumer (1) A licensed contractor who pays an insurance premium under this division pays the premium on behalf of a consumer. (2) A construction manager who pays an insurance premium under this division pays the premium on behalf of the principal who engages the manager. (3) The licensed contractor and construction manager are not entitled to assistance under the statutory insurance scheme because the contractor or manager pays the insurance premium under this division. Page 36 68B When insurance premium is payable by licensed contractor (1) Subsection (2) applies to a licensed contractor who is to carry out residential construction work under a contract with a consumer unless the work is the subject of a construction management contract. (2) The licensed contractor must collect from the consumer, and pay to the commission, the 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] appropriate insurance premium before the first of the following to happen— (a) 10 business days elapse from the day the contract was entered into; (b) the residential construction work starts. Maximum penalty—100 penalty units. (3) A licensed contractor who is to carry out residential construction work that is speculative residential construction work must pay the appropriate insurance premium for the work before the work starts. Maximum penalty—100 penalty units. 68C When insurance premium is payable by construction manager (1) This section applies to a construction manager if a principal engages the manager under a construction management contract to manage the carrying out of residential construction work. (2) If the construction manager holds a contractor’s licence of the relevant class for the construction management contract, the manager must collect from the principal, and pay to the commission, the appropriate insurance premium before the first of the following to happen— (a) 10 business days elapse from the day the manager is engaged under the contract; (b) the residential construction work starts. Maximum penalty—100 penalty units. 2014 Act No. 57 Page 37

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] 68D Setting of insurance premiums (1) This section provides for setting the different insurance premiums payable under the statutory insurance scheme. Note — Insurance premiums differ depending on the type of cover or type of work to which the premium relates. (2) The commission must state the insurance premiums, or the way the premiums are calculated, in the gazette. (3) Before stating the different insurance premiums, or the way the premiums are calculated, the commission must— (a) have regard to the commission’s obligation under section 26A; and (b) ensure insurance premiums are sufficient to meet the costs mentioned in section 26(3); and (c) have regard to any regulation made under section 26(4); and (d) obtain the Minister’s approval for the premium. (4) The commission must review the different insurance premiums at least once every 12 months. (5) A regulation may prescribe the way the insurable value of residential construction work is calculated for stating an insurance premium. (6) Subsection (7) applies if a principal engages a construction manager under a construction management contract to provide building work services for the carrying out of residential construction work. Page 38 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (7) For calculating the insurance premium payable by the construction manager, the amount paid by the principal to the construction manager under the contract must be added to the insurable value of the residential construction work. 68E Obligation of assessment manager or compliance assessor in relation to insurance premium (1) An assessment manager or compliance assessor must not, under the SustainablePlanningAct2009 , issue a development approval or a compliance permit for building work in relation to residential construction work unless— (a) the assessment manager or compliance assessor has written information from the commission showing that the appropriate insurance premium has been paid; or (b) the applicant produces satisfactory evidence that no insurance premium is payable. Maximum penalty—20 penalty units. (2) In this section— assessment manager includes a private certifier who is acting as an assessment manager. Division 5 Notice and commencement of cover 68F Notice of cover (1) If the commission accepts an insurance premium for residential construction work, the commission must issue a notice of cover for the work. (2) The notice of cover must include the matters prescribed by regulation. 2014 Act No. 57 Page 39

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (3) The notice of cover may be revoked by the commission if the commission becomes aware, after the issuing of the notice, that the work for which the notice was issued is not residential construction work. 68G Refund of insurance premium if notice of cover is revoked If the commission revokes a notice of cover under section 68F, the commission must refund any insurance premium paid in relation to the work for which the notice was issued. Page 40 68H Cover of residential construction work (1) Cover under the statutory insurance scheme comes into force if— (a) a consumer enters into a contract for the carrying out of residential construction work and— (i) the contract bears the licence number of a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or (ii) the contract is with a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or (b) a consumer enters into a contract for the carrying out of residential construction work with a building contractor and, at or before 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] the time the contract is entered into, the building contractor makes a representation that would cause a reasonable person to believe that the residential construction work is covered by the statutory insurance scheme; or (c) the work is speculative residential construction work carried out by a licensed contractor and, under the contractor’s licence, the contractor may carry out residential construction work covered by the statutory insurance scheme. (2) Subsection (1) applies whether or not an insurance premium has been paid, or a notice of cover has been issued, for residential construction work under this part. (3) Subsection (1) does not apply to optional additional cover. (4) If cover under the statutory insurance scheme comes into force for particular residential construction work under subsection (1) and the insurance premium has not been paid for the cover under sections 68B or 68C, the commission may recover the amount of the premium, as a debt, from— (a) if the premium was required to be paid under section 68B(2)—the consumer required to pay the premium; or (b) if the premium was required to be paid under section 68B(3)—the licensed contractor required to pay the premium; or (c) if the premium was required to be paid under section 68C—the principal required to pay the premium. 2014 Act No. 57 Page 41

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] Page 42 68I Commencement of cover (1) For residential construction work carried out under a contract with a consumer (other than work that is the subject of a construction management contract), cover under the statutory insurance scheme for the work comes into force on the earliest of the following to happen— (a) a licensed contractor pays the appropriate insurance premium for the work under section 68B(2); (b) the consumer enters into the contract with a licensed contractor for the carrying out of the work; (c) a licensed contractor starts carrying out the work. (2) For speculative residential construction work, cover under the statutory insurance scheme for the work comes into force on the earlier of the following to happen— (a) the licensed contractor who is to carry out the work pays the appropriate insurance premium for the work under section 68B(3); (b) the contractor starts carrying out the work. (3) For residential construction work managed by a construction manager under a construction management contract, cover under the statutory insurance scheme for the work comes into force on the earlier of the following to happen— (a) the construction manager pays the appropriate insurance premium for the work under section 68C(2); (b) a licensed contractor starts carrying out the work. (4) Optional additional cover comes into force when the appropriate insurance premium for the 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] relevant residential construction work is paid under section 67Z(3). Division 6 Cancellation of cover 69 Cancellation of cover and return of premium (1) Cover under the statutory insurance scheme for residential construction work, for which a licensed contractor paid the insurance premium on behalf of a consumer, may be cancelled by the contractor if— (a) the contractor asks the commission in writing to cancel the cover; and (b) the contract for the work has ended; and (c) a deposit under the contract for the work has been refunded, less any amounts that may be lawfully deducted from the deposit; and (d) the work covered has not started; and (e) not more than 1 year has elapsed from the day the contract for the work was entered into. (2) Cover under the statutory insurance scheme, including optional additional cover, for speculative residential construction work for which a licensed contractor paid the insurance premium on behalf of a consumer, may be cancelled by the contractor if— (a) the contractor asks the commission in writing to cancel the cover; and (b) development approval has not been granted for the work, or has been rescinded; and (c) the work covered has not started; and 2014 Act No. 57 Page 43

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] Page 44 (d) not more than 1 year has elapsed from the day the premium was paid. (3) Cover under the statutory insurance scheme for residential construction work, for which a construction manager paid the insurance premium on behalf of a principal, may be cancelled by the construction manager if— (a) the construction manager asks the commission in writing to cancel the cover; and (b) the relevant construction management contract and all the construction management trade contracts for the work have ended; and (c) deposits paid under the relevant construction management contract and all the construction management trade contracts have been refunded, less any amounts that may be lawfully deducted from the deposits; and (d) the work covered has not started; and (e) not more than 1 year has elapsed from the day the construction management contract for the work was entered into. (4) Optional additional cover obtained by a consumer may be cancelled by the consumer if— (a) the consumer asks the commission in writing to cancel the cover; and (b) the contract between the consumer and a licensed contractor relevant to the cover (the relevant contract ) has ended; and (c) a deposit under the relevant contract has been refunded, less any amounts that may be lawfully deducted from the deposit; and (d) the work covered has not started; and 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (e) not more than 1 year has elapsed from the day the relevant contract was entered into between the consumer and the licensed contractor. (5) On cancellation of cover under this section, the commission must refund the insurance premium paid for the cover to— (a) if the cover was cancelled under subsection (1), (2) or (3)—the licensed contractor or construction manager, or a person nominated in writing by the contractor or manager; or (b) if the cover was cancelled under subsection (4)—the consumer. (6) A fee, prescribed by regulation, may be deducted from any refund made under this section. Division 7 Variations 70 Residential construction work carried out under a contract with a consumer (1) This section applies if— (a) the residential construction work to be carried out under a contract with a consumer is to be varied; and (b) the commission is satisfied that the value of the residential construction work will change because of the variation. (2) If the value of the residential construction work will increase by $5000 or more because of the variation, the licensed contractor carrying out the work must pay an additional insurance premium on behalf of the consumer for the work to the 2014 Act No. 57 Page 45

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] commission before any work relating to the variation starts. Maximum penalty—100 penalty units. (3) If the value of the residential construction work will decrease because of the variation, the commission may refund part of the insurance premium paid for the work to the consumer. 70A Speculative residential construction work (1) This section applies if— (a) a licensed contractor is carrying out residential construction work that is speculative residential construction work; and (b) the residential construction work is to be varied after the licensed contractor paid the insurance premium for the work under section 68B(3); and (c) the commission is satisfied that the value of the residential construction work will change because of the variation. (2) If the value of the residential construction work will increase by $5000 or more because of the variation, the licensed contractor must pay the additional insurance premium for the work to the commission before any work relating to the variation starts. Maximum penalty—100 penalty units. (3) If the value of the residential construction work will decrease because of the variation, the commission may refund part of the insurance premium paid for the work to the person who paid the premium. Page 46 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] 70B Optional additional cover (1) This section applies if— (a) a consumer for a contract for the carrying out of residential construction work obtained optional additional cover for the work; and (b) the residential construction work is to be varied after the consumer obtained the optional additional cover; and (c) the commission is satisfied that the value of the residential construction work will change because of the variation. (2) If the value of the residential construction work will increase by $5000 or more because of the variation, the consumer must pay the additional insurance premium for the work to the commission before any work relating to the variation starts. (3) If the value of the residential construction work will decrease because of the variation, the commission may refund part of the insurance premium paid for the work to the consumer. (4) If the consumer fails to pay the additional insurance premium under subsection (2), the commission may recover the amount of the premium, as a debt, from the consumer. 70C Partial refunds of insurance premiums A regulation may provide how part of an insurance premium refunded under this division is calculated. 2014 Act No. 57 Page 47

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] Division 8 Recovery from licensed contractor 71 Recovery from licensed contractor etc. (1) If the commission makes any payment on a claim under the statutory insurance scheme, the commission may recover the amount of the payment, as a debt, from the building contractor by whom the relevant residential construction work was, or was to be, carried out or any other person through whose fault the claim arose. (2) For subsection (1)— (a) a building contractor by whom the relevant residential construction work was, or was to be, carried out is taken to include— (i) a licensed contractor whose licence card is imprinted on the contract for carrying out the work; and (ii) a licensed contractor whose name, licence number and address are stated on the contract; and (iii) a licensed contractor whose name is stated on the contract for carrying out the work; and (iv) a licensed contractor whose name is stated on an insurance notification form for the work; and (v) a licensed contractor whose licence number is stated on the contract for carrying out the work; and (vi) a licensed contractor whose licence number is stated on an insurance notification form for the work; and Page 48 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] 2014 Act No. 57 (vii) a licensed contractor whose PIN was used for putting in place, for the work, insurance under the statutory insurance scheme; and (viii)a building contractor by whom the work was, or was to be, carried out; and (ix) a person who, for profit or reward, carried out the work; and (b) a person through whose fault the claim arose is taken to include a person who performed services for the work if the services were performed without proper care and skill. (3) The commission is subrogated, to the extent of any payment that the commission has made, or has undertaken to make, to the rights of a person to whom, or for whose benefit, the payment has been, or is to be, made in respect of the matter out of which the insurance claim arose. (4) In a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2)(a)(i), it is a defence for the licensed contractor to prove that— (a) the licensed contractor’s licence card was imprinted on the contract for carrying out the work without the licensed contractor’s authority; and (b) the licensed contractor took all reasonable steps to ensure that the licence card was imprinted on contracts only with the licensed contractor’s authority. (5) In a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2)(a)(ii), it is a defence for the licensed contractor to prove that— Page 49

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] Page 50 (a) the licensed contractor’s name, licence number and address were stated on the contract for carrying out the work without the licensed contractor’s authority; and (b) the licensed contractor took all reasonable steps to ensure that the licensed contractor’s name, licence number and address were stated in contracts only with the licensed contractor’s authority. (6) In a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2)(a)(iii), (iv), (v), (vi) or (vii), it is a defence for the licensed contractor to prove— (a) for a licensed contractor mentioned in subsection (2)(a)(iii)—that the licensed contractor’s name was stated on the contract for carrying out the work without the licensed contractor’s authority; and (b) for a licensed contractor mentioned in subsection (2)(a)(iv)—that the licensed contractor’s name was stated on the insurance notification form for the work without the licensed contractor’s authority; and (c) for a licensed contractor mentioned in subsection (2)(a)(v)—that the licensed contractor’s licence number was stated on the contract for carrying out the work without the licensed contractor’s authority; and (d) for a licensed contractor mentioned in subsection (2)(a)(vi)—that the licensed contractor’s licence number was stated on the insurance notification form for the work without the licensed contractor’s authority; and 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (e) for a licensed contractor mentioned in subsection (2)(a)(vii)— (i) that the licensed contractor’s PIN was used for putting in place, for the work, insurance under the statutory insurance scheme without the licensed contractor’s authority; and (ii) that the licensed contractor took all reasonable steps to ensure the licensed contractor’s PIN was kept and used in accordance with the commission’s requirements for the keeping and use of the PIN. Division 9 Rectification work 71A Tenders for rectification work (1) The commission may seek tenders for carrying out building work if the commission is of the opinion that a person may be entitled to assistance under the statutory insurance scheme. (2) The commission may accept any tender that it considers appropriate, whether or not the tender was for the lowest cost. (3) Tenders for carrying out the building work must be sought from the number of licensed contractors considered by the commission to be reasonable in the circumstances. (4) If the estimate to rectify the building work is less than the amount prescribed by regulation, the commission need only seek a tender for carrying out the building work from 1 licensed contractor. (5) The commission may authorise any of the following persons to act for the commission in 2014 Act No. 57 Page 51

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] seeking the tenders for carrying out building work— (a) the person for whom the building work requiring rectification was, or was to be, carried out; (b) a claims management consultant. (6) The commission may only have work carried out under this section to the extent that the cost of the work is covered by the assistance under the statutory insurance scheme that the person may be entitled to. Division 10 Other 71B Statutory insurance scheme not to affect licensing decisions In deciding the action to be taken in relation to a licensee’s licence, the commissioner must not have regard to the implications for the statutory insurance scheme. 71C Notice of entitlement to assistance under the statutory insurance scheme A person claiming to be entitled to assistance under the statutory insurance scheme must give notice of the claim to the commission in compliance with the requirements prescribed by regulation. 71D Multiple contracts for the same residential construction work (1) This section applies if a licensed contractor and a consumer enter into 2 or more separate contracts that— Page 52 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 36] (a) could be the subject of a single contract to carry out residential construction work; and (b) if they were the subject of a single contract, would be a contract to carry out residential construction work. (2) For this part, the separate contracts are taken to be a single contract for which the contract price is the sum of the contract prices for the separate contracts. Example of separate contracts — A licensed contractor that manufactures and installs kitchens enters into one contract with a building owner for the manufacture of a kitchen and a second contract for its installation. 71E Protection of expressions associated with statutory insurance scheme (1) A person must not use a declared expression in connection with selling the right to participate in any warranty or insurance scheme unless— (a) the scheme is that to which this Act relates; and (b) the person does so on behalf of the commission. Maximum penalty—100 penalty units. (2) A person must not— (a) use any variation of a declared expression; or (b) use any word (either alone or in conjunction with any other word) similar in sight or sound to a declared expression; in connection with selling the right to participate in any insurance or warranty scheme, being a use likely to afford reasonable grounds for believing 2014 Act No. 57 Page 53

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 37] the scheme is or is associated with the scheme to which this Act relates, unless— (c) the scheme in question is one to which this Act relates; and (d) the person does so on behalf of the commission. Maximum penalty—100 penalty units. (3) In this section— declared expression means the name prescribed under section 67X or another name prescribed by regulation. 71F When work is taken to have started A regulation may prescribe when residential construction work is taken to start for the purpose of this part. 37 Replacement of pt 6 (Rectification of building work) Part 6— omit, insert — Part 6 Rectification of building work and remediation of consequential damage Division 1 Preliminary 71G Definition for pt 6 In this part— Page 54 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 37] direction to rectify or remedy means a direction given under section 72(2). 71H What is consequential damage (1) Consequential damage is damage— (a) caused by, or as a consequence of, carrying out building work at a building site (the relevant site ), regardless of any intention, negligence or recklessness of the person carrying out the work; and (b) to a residential property at the relevant site, containing the relevant site or adjacent to the relevant site. (2) In this section— building work includes any work prescribed by regulation. damage , to a residential property, includes any of the following— (a) the impairment of drainage at the property; (b) the undermining of a fence, retaining wall or other structure along the boundary of the property; (c) the compromising of the structural integrity of a building, swimming pool or wall on the property; (d) the cracking, lifting or cratering of a driveway or pathway on the property; (e) water penetration of the property; (f) infestation of the property by termites. residential property includes— (a) a single detached dwelling or a duplex; or 2014 Act No. 57 Page 55

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 37] (b) a lot or the common property for a community titles scheme under the BodyCorporate and Community Management Act1997 ; or (c) a lot or the common property for a building units plan or a group titles plan under the Building Units and Group Titles Act 1980 . Page 56 71I Who is taken to carry out building work for this part (1) A person who carries out building work is taken, for this part, to include— (a) a building contractor whose licence card is imprinted on the contract for carrying out the building work; and (b) a building contractor whose name, licence number and address are stated on the contract; and (c) a building contractor whose name is stated on the contract for carrying out the building work; and (d) a building contractor whose name is stated on an insurance notification form for the building work; and (e) a building contractor whose licence number is stated on the contract for carrying out the building work; and (f) a building contractor whose licence number is stated on an insurance notification form for the building work; and (g) a building contractor whose PIN was used for putting in place, for the building work, a term of cover under the statutory insurance scheme; and 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 37] 2014 Act No. 57 (h) a building contractor by whom the building work was carried out; and (i) a person who, for profit or reward, carried out the building work; and (j) a person who is a building contractor under a domestic building contract who managed the carrying out of the building work; and (k) a construction manager engaged under a construction management contract to provide building work services for the building work; and (l) a principal who was the contracting party for a building contract for building work for a building, or part of a building, intended for sale if— (i) the building, or part of a building, is not, and has never been, the principal place of residence of the principal; and (ii) the principal engages a building contractor or a construction manager to carry out the building work in a way, or using materials, likely to result in the work being defective or incomplete; and (iii) the principal knew, or ought to have known, that the way the work was to be carried out, or the materials to be used, was likely to result in the work being defective or incomplete; and Example of principal knowing that work or materials were likely to result in defective or incomplete building work — A principal may know materials are likely to result in work being defective because of advice received from a building contractor or construction manager. Page 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 60] (a) 5 business days elapse from the day the building contractor and the building owner agree to the variation; (b) any domestic building work the subject of the variation starts. Maximum penalty—20 penalty units. (3) The building contractor may give the building owner the variation under subsection (2)— (a) personally; or (b) by sending it by post, facsimile or email; or (c) in accordance with any provision in the contract providing for service of notices on the building owner by the building contractor. (4) In a proceeding for a contravention of subsection (2), it is a defence for the building contractor to prove that— (a) the variation is for domestic building work that is required to be carried out urgently; and (b) it is not reasonably practicable, in the particular circumstances, to produce a copy of the variation in writing before carrying out the work. (5) The building contractor must not start to carry out any domestic building work the subject of the variation before the building owner agrees to the variation in writing. Maximum penalty—20 penalty units. Page 134 41 General contents of document evidencing a variation (1) The building contractor under a regulated contract must ensure a document evidencing a 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 60] variation of the contract complies with the formal requirements for a variation. Maximum penalty—20 penalty units. (2) The document evidencing the variation complies with the formal requirements if it— (a) is readily legible; and (b) describes the variation; and (c) states the date of the request for the variation; and (d) if the variation will result in a delay affecting the subject work—states the building contractor’s reasonable estimate for the period of delay; and (e) states the change to the contract price because of the variation, or the method for calculating the change to the contract price because of the variation; and (f) if the variation results in an increase in the contract price—states when the increase is to be paid; and (g) if the variation results in a decrease in the contract price—states when the decrease is to be accounted for. (3) Any increase in the contract price as a result of the variation can not be required to be paid before work the subject of the variation is started. 42 Extension of time (1) The building contractor under a regulated contract may only claim for an extension of time under the contract if— (a) the delay causing the need for the extension of time was— 2014 Act No. 57 Page 135

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 60] (i) not reasonably foreseeable and beyond the reasonable control of the contractor; or (ii) caused by the building owner; or (iii) caused by a variation of the contract complying with schedule section 40; and (b) the claim is made to the building owner in writing; and (c) the claim is given to the building owner within 10 business days of the building contractor becoming aware of the cause and extent of the delay or when the building contractor reasonably ought to have become aware of the cause and extent of the delay; and (d) the owner approves the claim in writing. (2) A building contractor under a regulated contract must not seek to rely on an extension of time under the contract unless the contractor claimed for the extension of time in compliance with subsection (1). Maximum penalty—20 penalty units. (3) A building contractor under a regulated contract must give the building owner a signed copy of a claim for an extension of time within 5 business days of the owner approving the claim. Maximum penalty—20 penalty units. (4) A regulation may prescribe when a series of similar delays may be taken to be a single delay for the purpose of subsection (1)(c). Page 136 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 60] Part 7 Building sites 43 Building contractor does not acquire interest in land of resident owner (1) A domestic building contract does not give the building contractor an interest in land of a resident owner for the LandTitleAct1994 , section 122. (2) A building contractor who lodges a caveat claiming an interest in land of a building owner under a domestic building contract knowing the owner to be a resident owner commits an offence. Maximum penalty for subsection (2)—100 penalty units. Part 8 Other matters relating to contracts 44 Effect of failure by building contractor to comply with requirement Unless the contrary intention appears in this Act, a failure by a building contractor to comply with a requirement under this Act in relation to a domestic building contract does not make the contract illegal, void or unenforceable. 2014 Act No. 57 Page 137

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 60] Part 9 Miscellaneous 45 Relationship with other Acts (1) The Commercial Arbitration Act 2013 does not apply to domestic building work unless the relevant arbitration agreement under that Act— (a) is an agreement other than a domestic building contract; and (b) is entered into after the dispute to which it relates arises. (2) The Subcontractors’ Charges Act 1974 does not apply to domestic building work relating to a detached dwelling if the work— (a) is carried out by a building contractor for an individual; and (b) is not for a business carried on by the individual, either alone or as a member of a partnership. 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; Page 138 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 61] (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. 61 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions building , building contractor , building owner , building site , consumer , contract price , disciplinary proceeding , domestic building contract , domestic building work , permitted individual , progress payment , residential construction work , reviewable domestic work , speculative residential construction work and subcontractor — omit . (2) Schedule 2— insert — appropriate insurance premium , for part 5, see section 67WA. assistance , for part 5, see section 67WA. associated insurable work , for part 5, see section 67WD. building — (a) generally, includes any fixed structure; but 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 schedule 1B, see schedule 1B, section 1. building contractor — 2014 Act No. 57 Page 139

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 61] Page 140 (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 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 site — (a) generally, means a place where domestic building work has been, is being, or is to be, carried out; but (b) for schedule 1B, see schedule 1B, section 1. certificate of inspection , for schedule 1B, see schedule 1B, section 1. consequential damage see section 71H. 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. contracted services , for schedule 1B, see schedule 1B, section 1. contract price — 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 61] (a) for part 4A, see section 67A. (b) for schedule 1B, see schedule 1B, section 2. cost plus contract , for schedule 1B, see schedule 1B, section 1. defects document , for schedule 1B, see schedule 1B, section 1. detached dwelling , for schedule 1B, see schedule 1B, section 1. development approval , for schedule 1B, see schedule 1B, section 1. direction to rectify or remedy see section 71G. domestic building contract , for schedule 1B, see schedule 1B, section 3. domestic building work , for schedule 1B, see schedule 1B, section 4. draftsperson , for schedule 1B, see schedule 1B, section 1. excluded building work , for schedule 1B, see schedule 1B, section 1. farm building , for schedule 1B, see schedule 1B, section 1. foundations data , for schedule 1B, see schedule 1B, section 8. home , for schedule 1B, see schedule 1B, section 9. incomplete , for part 5, see section 67WA. insurable value , for part 5, see section 67WA. level 1 regulated contract , for schedule 1B, see schedule 1B, section 6. level 2 regulated contract , for schedule 1B, see schedule 1B, section 7. 2014 Act No. 57 Page 141

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 61] Page 142 manage , for schedule 1B, see schedule 1B, section 1. mixed-purpose contract , for schedule 1B, see schedule 1B, section 1. optional additional cover , for part 5, see section 67Z(4). practical completion , for schedule 1B, see schedule 1B, section 1. primary insurable work , for part 5, see section 67WC. prime cost item , for schedule 1B, see schedule 1B, section 1. progress payment — (a) for part 4A, see section 67A; and (b) for schedule 1B, see schedule 1B, section 1. provisional sum , for schedule 1B, see schedule 1B, section 10. reasonably believes , for schedule 1B, see schedule 1B, section 1. 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. residence , for part 5, see section 67WE. residential construction work , for part 5, see section 67WA. resident owner , for schedule 1B, see schedule 1B, section 1. reviewable domestic work means domestic building work under schedule 1B, section 4, 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 2 Amendment of Queensland Building and Construction Commission Act 1991 [s 61] 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. schedule section , for schedule 1B, see schedule 1B, section 1. speculative residential construction work , for part 5, see section 67WA. statutory warranties , for schedule 1B, see schedule 1B, section 1. 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. written form , for schedule 1B, see schedule 1B, section 1. (3) Schedule 2, definition insurance notification form , ‘insuring’— omit , insert — covering 2014 Act No. 57 Page 143

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 3 Amendment of Housing Act 2003 [s 62] Part 3 Amendment of Housing Act 2003 62 Act amended This part amends the Housing Act 2003 . 63 Amendment of pt 3, div 1 hdg (Giving information to the chief executive) Part 3, division 1, heading, after ‘executive’— insert— or funded provider 64 Amendment of s 17 (False or misleading information) (1) Section 17(1), ‘executive housing’— omit, insert — executive or a funded provider housing (2) Section 17(1), examples, paragraph 3— omit, insert— 3 A person is renting a house from a funded provider. In response to a query from the funded provider, the person gives false information about the income of persons living in the house. (3) Section 17(2), ‘executive a’— omit, insert — executive or a funded provider a (4) Section 17(2)(a), ‘executive,’— omit, insert — executive or the funded provider, Page 144 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 3 Amendment of Housing Act 2003 [s 65] 65 Amendment of s 18 (Notice of changes in information) Section 18(2), from ‘executive,’ to ‘executive notice’— omit, insert — executive or a funded provider, the person must give the chief executive or funded provider notice 66 Insertion of new pt 8, div 2A Part 8— insert — Division 2A Confidentiality 94A Definitions for div 2A In this division— approved provider means— (a) a funded provider that— (i) provides housing services, other than a funded provider that only provides home maintenance services or home modification services; and (ii) is, under the provider’s funding agreement, described as an approved provider in relation to the disclosure of confidential information; or (b) an exempt provider or registered provider if— (i) the exempt provider or registered provider is engaged under a contract or agreement by an approved provider mentioned in paragraph (a) to provide services to the approved provider; and (ii) under the approved provider’s funding agreement, the approved provider is 2014 Act No. 57 Page 145

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 3 Amendment of Housing Act 2003 [s 66] authorised to disclose confidential information to the exempt provider or registered provider. disclose includes record, reveal or use. 94B Immunity for disclosure of particular confidential information (1) This section applies to the disclosure of confidential information by— (a) the chief executive or an employee of the department to an approved provider; or (b) an approved provider or an employee of the approved provider to the chief executive or another approved provider. (2) The chief executive, employee of the department, approved provider or employee of the approved provider is not criminally liable for the disclosure under any law, including, for example, a confidentiality provision, if the disclosure is made for the purpose of providing a housing service. (3) The chief executive or employee of the department is not civilly liable if the disclosure is made for the purpose of providing a housing service. (4) The approved provider or employee of the approved provider is not civilly liable if— (a) the disclosure is made for the purpose of providing a housing service; and (b) the disclosure does not contravene— (i) for a funded provider—a term of the provider’s funding agreement; or Page 146 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 3 Amendment of Housing Act 2003 [s 66] (ii) for another approved provider—a term of the provider’s contract or agreement with a funded provider. (5) In this section— confidentiality provision means any of the following— (a) the AmbulanceServiceAct1991 , section 49A; (b) the Child Protection Act 1999 , sections 186 and 188; (c) the CorrectiveServicesAct2006 , section 341; (d) the CriminalLaw(RehabilitationofOffenders) Act 1986 , section 6; (e) the CriminalLaw(SexualOffences)Act1978 , section 10; (f) the Witness Protection Act 2000 , section 36; (g) section 94C, 94D or 94E. 94C Prohibition on disclosure of confidential information the subject of the AmbulanceService Act 1991 , s 49A (1) This section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been confidential information— (a) that must not be disclosed under the AmbulanceServiceAct1991 , section 49A; and (b) that identifies a person as a person who is receiving, or has received, an ambulance service. 2014 Act No. 57 Page 147

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 3 Amendment of Housing Act 2003 [s 66] (2) The approved provider or employee must not disclose the information to anyone else. Maximum penalty—50 penalty units. (3) However, the approved provider or employee may disclose the information to someone else if the disclosure is— (a) to the person to whom the confidential information relates; or (b) required or permitted by law. 94D Prohibition on disclosure of confidential information the subject of the Child ProtectionAct 1999 , s 188 (1) This section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been information or a document— (a) that must not be disclosed, or to which access must not be given, under the ChildProtection Act 1999 , section 188(2); and (b) that is about a person’s affairs. (2) The approved provider or employee must not disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment. (3) However, the approved provider or employee may disclose the information or give access to the document to someone else— (a) if the disclosure or giving of access is authorised by the chief executive under the Child Protection Act 1999 , section 189B; or Page 148 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 3 Amendment of Housing Act 2003 [s 66] (b) if the disclosure or giving of access is for purposes directly related to a child’s protection or wellbeing; or (c) if the disclosure or giving of access is for purposes directly related to obtaining information requested by the chief executive under the Child Protection Act 1999 , section 246C; or (d) if the disclosure or giving of access is required or permitted by law. (4) In this section— chief executive means the chief executive of the department in which the ChildProtectionAct1999 is administered. 94E Prohibition on disclosure of confidential information the subject of the CorrectiveServices Act 2006 , s 341 (1) This section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been confidential information that must not be disclosed under the Corrective Services Act 2006 , section 341(2). (2) The approved provider or employee must not disclose the information to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment. (3) However, the approved provider or employee may disclose the information to someone else— (a) if the disclosure is to the person to whom the confidential information relates; or (b) if authorised by the chief executive of the department that administers the CorrectiveServices Act 2006 because— 2014 Act No. 57 Page 149

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 3 Amendment of Housing Act 2003 [s 67] (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or (ii) it is otherwise in the public interest; or (c) if the information merely informs someone— (i) of the corrective services facility in which a prisoner is being held in custody under the CorrectiveServicesAct 2006 ; or (ii) for an offender who is subject to a parole order or a community based order under the Corrective Services Act2006 —that the offender is subject to the order; or (d) if the disclosure is required or permitted by law. 67 Amendment of s 99A (Delegation by Minister or chief executive) (1) Section 99A(2), ‘public service employee.’— omit, insert — person. (2) Section 99A(3)— omit, insert — (3) A delegation of a function or power by the Minister may permit the subdelegation of the function or power to an appropriately qualified public service employee. (4) A delegation of a function or power by the chief executive may permit the subdelegation, and further subdelegation, of the function or power to an appropriately qualified person. Page 150 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 3 Amendment of Housing Act 2003 [s 68] 68 Insertion of new s 99B After section 99A— insert — 99B Acts applying to delegates and sub-delegates (1) This section applies to an entity, other than an individual, to whom a function or power is delegated under section 99A(2) in relation to the performance of a function or exercise of a power by the entity under this Act. (2) The Crime and Corruption Act 2001 applies to the entity as if— (a) the entity were a unit of public administration; and (b) the holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity; and (c) a person employed by the entity were a person holding an appointment in a unit of public administration. (3) The Judicial Review Act 1991 applies to the entity as if— (a) the entity were a State authority; and (b) a decision of an administrative character made, proposed to be made, or required to be made, by the entity or a person employed by the entity, whether or not in the exercise of a discretion, were a decision to which that Act applies. (4) The Ombudsman Act 2001 applies to the entity as if— (a) the entity were an agency; and (b) the holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity; and 2014 Act No. 57 Page 151

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 3 Amendment of Housing Act 2003 [s 69] (c) a person employed by the entity were an officer of an agency; and (d) the Minister were the responsible Minister. (5) The Public Interest Disclosure Act 2010 applies to the entity as if— (a) the entity were a public sector entity; and (b) a person employed by the entity were a public officer; and (c) the holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity. 69 Amendment of s 105 (Other evidentiary aids) Section 105— insert — (2) A certificate purporting to be signed by an approved provider stating any of the following matters is evidence of the matter— (a) a stated document is one of the following things made, given or issued under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (b) a stated document is a copy of a document mentioned in paragraph (a); (c) on a stated day, a stated person was given a stated notice or direction under this Act; (d) on a stated day, a stated requirement was made of a stated person. Page 152 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 4 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 [s 70] 70 Amendment of sch 4 (Dictionary) (1) Schedule 4, appropriately qualified — omit . (2) Schedule 4— insert — approved provider see section 94A. disclose , for part 8, division 2A, see section 94A. Part 4 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 71 Act amended This part amends the ResidentialTenanciesandRoomingAccommodation Act 2008 . 72 Amendment of s 457 (Definitions for ch 9) Section 457— insert — social housing database means a database kept for the purpose of providing housing services under the Housing Act 2003 . 73 Amendment of s 458 (Non-application to internal databases) Section 458(1), from ‘apply to’— omit, insert — apply to— 2014 Act No. 57 Page 153

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 4 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 [s 74] (a) a tenancy database kept by an entity for use only by that entity or its employees or agents; or (b) a social housing database. 74 Amendment of s 527A (Definitions for ch 13A) Section 527A, definition community housing provider tenancy agreement — omit, insert — community housing provider tenancy agreement see section 527C. existing State tenancy agreement , for a residential tenancy, means a residential tenancy agreement under which the State is the lessor. replacement lessor means a funded provider that has entered a funding agreement under the HousingAct2003 if, under the funding agreement, the funded provider may enter into a lease with the State for residential premises that are the subject of an existing State tenancy agreement. 75 Amendment of sch 2 (Dictionary) Schedule 2— insert — existing State tenancy agreement , for chapter 13A, see section 527A. social housing database , for chapter 9, see section 457. replacement lessor , for chapter 13A, see section 527A. Page 154 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 5 Amendment of Residential Tenancies and Rooming Accommodation and OtherLegislation Amendment Act 2013 [s 76] Part 5 Amendment of Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2013 76 Act amended This part amends the ResidentialTenanciesandRoomingAccommodation and Other Legislation Amendment Act 2013 . Editor’s note — Legislation ultimately amended— • Residential Tenancies and Rooming Accommodation Act 2008 77 Amendment of s 20 (Insertion of new ch 13A) Section 20, inserted section 527C— omit, insert — 527C Existing State tenancy agreements and community housing provider tenancy agreements (1) This section applies if a replacement lessor gives a notice to the State for residential premises that are the subject of an existing State tenancy agreement stating a day, at least 14 days after the notice is given, for termination and replacement of the existing State tenancy agreement. (2) On the day stated in the notice— (a) the existing State tenancy agreement for the residential premises is terminated; and (b) a new residential tenancy agreement (a community housing provider tenancy agreement ) for the residential premises is 2014 Act No. 57 Page 155

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 5 Amendment of Residential Tenancies and Rooming Accommodation and OtherLegislation Amendment Act 2013 [s 77] Page 156 taken to have been entered into between the replacement lessor and the tenant. (3) The terms (the replacement terms ) of the community housing provider tenancy agreement are the terms prescribed under a regulation for this section. (4) Without limiting subsection (3), the replacement terms may provide that the replacement lessor has a right to do any of the following— (a) require the tenant to pay a rental bond; (b) state the way in which the bond must be paid by the tenant; (c) require the tenant to pay stated service charges; (d) state the apportionment of the cost for the service charges payable by the tenant (where the premises are not individually metered for a service); (e) state the way in which service charges must be paid by the tenant. (5) As soon as practicable after a community housing provider tenancy agreement is taken to have been entered under subsection (2), the replacement lessor must give to the tenant under the agreement— (a) a notice stating— (i) the existing State tenancy agreement is terminated; and (ii) a community housing provider tenancy agreement is taken to have been entered into by the tenant; and (iii) the replacement lessor is the lessor under the community housing provider tenancy agreement; and 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 5 Amendment of Residential Tenancies and Rooming Accommodation and OtherLegislation Amendment Act 2013 [s 78] (iv) that rent under the community housing provider tenancy agreement must be paid to the replacement lessor; and (v) the way in which the rent is to be paid; and (vi) if the amount of the rent payable has changed—the new amount payable; and (b) a copy of the replacement terms. (6) The State does not incur any liability for an existing State tenancy agreement terminated under this section. (7) In this section— funding agreement see the HousingAct2003 , section 25. 78 Amendment of s 22 (Insertion of new ch 14, pt 3) (1) Section 22, inserted section 554(1)(b) and (c)— omit, insert — (b) the existing State tenancy agreement is terminated under section 527C(2)(a); and (c) at the time the existing State tenancy agreement is terminated, an action is pending under the notice or proceeding. (2) Section 22, inserted section 554— insert— (3) The action continues in relation to the existing State tenancy agreement despite its termination under section 527C(2)(a). (3) Section 22, inserted section 555(1)(b) and (c)— omit, insert — 2014 Act No. 57 Page 157

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Part 6 Repeal [s 79] (b) the existing State tenancy agreement is terminated under section 527C(2)(a); and (c) at the time the existing State tenancy agreement is terminated, an action is pending under the notice or proceeding. (4) Section 22, inserted section 555— insert— (4) The action continues in relation to the existing State tenancy agreement despite its termination under section 527C(2)(a). Part 6 Repeal 79 Repeal The Domestic Building Contracts Act 2000, No. 9 is repealed. Part 7 Minor and consequential amendments 80 Acts amended Schedule 1 amends the Acts it mentions. Page 158 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Schedule 1 Schedule 1 Minor and consequential amendments section 80 Building and Construction Industry Payments Act 2004 1 Section 3(5), definition resident owner , ‘the Domestic Building Contracts Act 2000 , schedule 2’— omit , insert — the QueenslandBuildingandConstructionCommission Act 1991 , schedule 1B, section 1. 2 Schedule 2, definition domestic building work — omit , insert — domestic building work see the Queensland Buildingand Construction Commission Act 1991 , schedule 1B, section 4. home see the Queensland Building and ConstructionCommission Act 1991 , schedule 1B, section 9. 3 Schedule 2, definition relevant offence , paragraph (e)— omit , insert — (e) an offence against the DomesticBuildingContracts Act 2000 or a law of another State or the Commonwealth that provides for the same matter as that Act or a provision of that Act; or 2014 Act No. 57 Page 159

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Schedule 1 Pest Management Act 2001 1 Section 14(d), ‘disciplinary’— omit . 2 Section 14(d)(iv), ‘section 91, 97B or 97C’— omit , insert — part 6A or section 97B or 97C. Property Occupations Act 2014 1 Schedule 2, definitions domestic building contract and home — omit , insert — domestic building contract see the QueenslandBuildingandConstructionCommissionAct1991 , schedule 1B, section 3. home see the Queensland Building and ConstructionCommission Act 1991 , schedule 1B, section 9. Queensland Building and Construction Commission Act 1991 1 Section 31(3)(ca), ‘or the Domestic Building ContractsAct 2000 ’— omit . Page 160 2014 Act No. 57

Queensland Building and Construction Commission and Other Legislation Amendment Act2014 Schedule 1 2 Section 32(2)(d), ‘or the Domestic Building Contracts Act2000 ’— omit . 3 Section 32AA(2)(b), ‘or the Domestic Building ContractsAct 2000 ’— omit . 4 Section 32AB(2)(b), ‘or the Domestic Building ContractsAct 2000 ’— omit . 5 Section 36(3B), ‘part 4A or the Domestic BuildingContracts Act 2000 ’— omit , insert — part 4 or schedule 1B 6 Section 44B(2)(b), ‘or the Domestic Building ContractsAct 2000 ’— omit . 7 Part 3, division 9A, heading, from ‘part 4A’— omit , insert — parts 4 and 5, and schedule 1B © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 Act No. 57 Page 161