Queensland Building and Construction Commission Regulation 2003 (QLD)

Queensland Building and Construction Commission Regulation 2003

Part 1    Preliminary

1   Short title

This regulation may be cited as the Queensland Building and Construction Commission Regulation 2003.

2   Commencement

This regulation commences on 1 September 2003.

Part 2    Interpretation

3   Dictionary

The dictionary in schedule 3 defines particular words used in this regulation.

4   Number of storeys of a building

For deciding the number of storeys of a building, other than for section 67WE(1)(c) of the Act, the lowest storey is not counted if it consists mainly of a car park.

5   Work that is not building work

(1)For the Act, schedule 2, definition building work, work stated in schedule 1AA is not building work.

(2)To remove any doubt, it is declared that subsection (1) does not cease to apply to any work stated in schedule 1AA merely because the work is carried out in combination with other work stated in schedule 1AA.

6   Licensed builder—Act, sch 2, definition licensed builder

For the Act, schedule 2, definition licensed builder, a person is a licensed builder if the person is the holder of a builder contractor’s licence.

6A   [Repealed]

6B   Meaning of categories applying to licences

(1)A reference in schedule 1 to a particular category applying to a licence is a reference to the category of that name that applies under a financial requirements policy.

(2)In this section—

financial requirements policy means a policy of the board, about financial requirements for licensing, that is—

(a)approved by regulation under section 19 of the Act; or

(b)continued in force under schedule 1, section 26 of the Act.

7   [Repealed]

8   Scope of work for a licence—incidental work of another class

(1)This section applies if, for a licence class under schedule 2 (the relevant class), the scope of work for the class includes incidental work of another class.

(2)A licensee under the relevant class may carry out, or engage another person to carry out, building work with a total value of $3,300 or less—

(a)that is within the scope of work under a licence class other than the relevant class; and

(b)that is incidental to building work being carried out under the relevant class; and

(c)that is—

(i)for work for which an occupational licence or a fire protection licence is required—carried out by a licensee who holds a licence to carry out the work; or

(ii)otherwise—carried out by the licensee or a licensee who holds a licence to carry out the work.

(3)To remove any doubt, a licensee under the relevant class may do the following—

(a)personally carry out work mentioned in subsection (2)(c)(ii);

(b)engage a person who holds an appropriate licence to carry out work mentioned in subsection (2)(c)(i) or (ii).

9   [Repealed]

10   [Repealed]

11   [Repealed]

12   [Repealed]

13   [Repealed]

Part 3    Licences

14   Classes of contractor’s licence—Act, s 30(2)

Contractors’ licences are divided into the classes specified in schedule 2.

14A   Classes of nominee supervisor’s licence—Act, s 30A(3)

Nominee supervisors’ licences are divided into the classes specified in schedule 2.

14B   Classes of site supervisor’s licence—Act, s 30B(3)

Site supervisors’ licences are divided into the classes specified in schedule 2 other than the classes specified in parts 21 to 30B.

14C   Classes of fire protection occupational licence—Act, s 30C(3)

Fire protection occupational licences are divided into the classes specified in schedule 2A.

15   Qualifications and experience for contractor’s licence—Act, s 31

(1)For section 31(1)(b) of the Act, the qualifications and experience in relation to a licence are the qualifications and experience stated in schedule 2 for the relevant class of licence.

(2)Also, for a class of licence other than a class mentioned in schedule 2, parts 18, 19, 21 to 30B, 33 and 52, a combination of any 2 or more of the following is a qualification for the class if the commission is satisfied the combination is at least equivalent to the required competency for the class—

(a)successful completion of an apprenticeship;

(b)a recognition certificate;

(c)a qualification or statement of attainment of required competency for any class of licence mentioned in schedule 2;

(d)a written statement issued by an approved authority that the individual has the required competency for the class of licence.

(3)In this section—

recognition certificate means a recognition certificate, issued under the repealed Vocational Education, Training and Employment Act 2000, that has not been cancelled.

required competency, for a class of licence, means units of competency approved by the commission as the minimum technical requirements for the class.

statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

16   Requirements for nominee supervisor’s licence—Act, s 32(1)(a)

For section 32(1)(a) of the Act, the qualifications, managerial qualifications, if any, and experience for a nominee supervisor’s licence are the technical qualifications, managerial qualifications, if any, and experience stated in schedule 2 for the relevant class of licence.

16A   Requirements for site supervisor’s licence—Act, s 32AA(1)(a)

For section 32AA(1)(a) of the Act, the qualifications for a site supervisor’s licence are the technical qualifications stated in schedule 2 for the relevant class of licence.

16B   Requirements for fire protection occupational licence—Act, s 32AB

For section 32AB(1)(a) of the Act, the qualifications for a fire protection occupational licence are the technical qualifications stated in schedule 2A for the relevant class of licence.

17   Application for a licence—Act, s 33

(1)For section 33(1)(a) of the Act, an application for a licence must—

(a)be made to the commission; and

(b)be accompanied by—

(i)for an application for a contractor’s or nominee supervisor’s licence—the documentary evidence, satisfactory to the commission, of the applicant’s identity, qualifications and experience; and

(ii)for an application for a site supervisor’s licence—the documentary evidence, satisfactory to the commission, of the applicant’s identity, and qualifications; and

(iii)for an application for a contractor’s licence—the documentary evidence required by the financial requirements stated in the board’s policies; and

(iv)the licence application fee and licence fee specified in schedule 1.

(2)An applicant or, if the applicant is a company, an officer of the company must, at the request of the commission—

(a)attend an interview with an officer of the commission to answer questions and provide information about the application; and

(b)provide the commission with any further evidence it reasonably requires to decide the application.

(3)If the applicant (or the officer) does not, without a reasonable excuse, attend an interview or provide evidence required under this section, the commission may reject the application on that ground.

(4)Subsection (5) applies to an application if—

(a)the applicant is a company; and

(b)the commission is satisfied the company’s main object is to conduct training for persons to undertake building work.

(5)Payment of the application fee and the licence fee for the application is waived.

17A   When site supervisor’s and fire protection occupational licences are to be renewed—Act, s 37(2)(b)

For section 37(2)(b) of the Act, the period prescribed is 3 years.

18   Applications for renewal of licence—Act, s 37B(2)

(1)For section 37B(2) of the Act, the licence fee for a renewal of a licence must be paid on or before 4.30p.m. on the day on which the licence is due to expire.

(2)Payment of the licence fee for a renewal of a licence is waived if—

(a)the licensee is a company; and

(b)the commission is satisfied the company’s main object is to conduct training for persons to undertake building work.

19   Refund of licence fee

(1)The commission may refund the unexpired part of the licence fee paid by a licensee if—

(a)the licensee surrenders the licence before the expiry day for the licence; or

(b)the licensee dies during the licence period.

(2)The unexpired part is the amount worked out using the formula—      where—

LF means the licence fee paid by the licensee, whether for a 1-year or a 3-year period.

WM means the whole months before the expiry date for the licence.

Y means the number of years for which the licence was renewed.

(3)For subsection (2), a whole month means a month beginning on the day of the calendar month on which the licence was issued and ending on the day before the corresponding day of the next calendar month.

Examples of a whole month—

Example 1

for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month

Example 2

for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month

20   [Repealed]

Part 4    Owner-builder permits

21   Prescribed course—Act, s 43D, definition owner-builder course

For section 43D of the Act, definition owner-builder course, the course prescribed is the Course in Preparation for Owner Builder Permit 39219QLD or a course the commission considers is at least equivalent to that course.

21A   Exceptional circumstances for granting application for permit—Act, s 44B(4)(a)

For the Act, section 44B(4)(a), the following are exceptional circumstances—

(a)the work to be carried out would help an applicant who is suffering from a serious medical condition;

(b)the work to be carried out would help a person who is living with the applicant and suffering from a serious medical condition;

(c)the work to be carried out would help an applicant who is suffering severe financial hardship;

(d)the work to be carried out would help a person who is living with the applicant and suffering severe financial hardship.

22   Warnings—Act, s 47

(1)The notice to be given to a prospective purchaser of land under section 47(1) of the Act must—

(a)state that building work detailed in the notice has been carried out under an owner-builder permit by a person named in the notice; and

(b)contain a warning in the following terms—
‘WARNING—THE BUILDING WORK TO WHICH THIS NOTICE RELATES IS NOT COVERED BY INSURANCE UNDER THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991.’.

(2)The notice must be given in duplicate, and the purchaser must sign 1 copy of the notice and return it to the vendor on or before signing the contract.

Part 5    Statutory insurance scheme

Division 1 Name of scheme

23   Name of statutory insurance scheme

For section 67X(4) of the Act, the name of the statutory insurance scheme is the Queensland Home Warranty Scheme.

Division 2 Work under the scheme

24   Work not covered under the statutory insurance scheme

(1)For section 67WB(1)(f) of the Act, the following work is prescribed—

(a)work on or for a duplex or multiple dwelling if the duplex or multiple dwelling is more than 3 storeys;

Examples for paragraph (a)—

•work for tiling the kitchen in a single residential unit in a 4-storey duplex

•work for renovating the bathroom of a single residential unit in a 10-storey multiple dwelling

(b)work on or for a building used or proposed to be used for a purpose related to the use of a duplex, or proposed duplex, of more than 3 storeys;

(c)work on or for a building used or proposed to be used for a purpose related to the use of a multiple dwelling, or proposed multiple dwelling, of more than 3 storeys;

(d)work on or for a building that is—

(i)on, or proposed to be on, the site of a residence or proposed residence; and

(ii)used, or proposed to be used, primarily for a purpose that is not related to the use of the residence or proposed residence;

(e)work on or for a class 1b, 3, 4, 5, 6, 7b, 8 or 9 building;

(f)work on or for a class 7a building unless the building is, or is proposed to be, used with a class 2 building;

(g)work for the erection, construction or installation of a swimming pool if the swimming pool is, or is proposed to be, used primarily for a purpose that is not related to the use of a residence or proposed residence;

(h)work for the erection, construction or installation of a structure that is not fixed.

Example for paragraph (h)—

work for installing a portable spa pool

(2)In this section—

swimming pool see the Building Act 1975, schedule 2.

25   Primary insurable work

For section 67WC(1)(e) of the Act, the following building work is prescribed—

(a)building work for the renovation, alteration, extension, improvement or repair of the building envelope for a residence or related roofed building;

Examples for paragraph (a)—

•painting an external wall of a residence or related roofed building

•extending the building envelope for a residence by constructing a patio

(b)building work for a structure attached to the external part of a residence or related roofed building if the structure does not have any other supporting structure;

Examples for paragraph (b)—

•an awning or handrail that is attached to a residence and does not have any other supporting structure

•a soffit or cladding

(c)building work for a structure attached to the external part of a residence or related roofed building if the structure is for—

(i)the primary water supply to the residence or related roofed building; or

(ii)sewerage or drainage for the residence or related roofed building; or

(iii)stormwater discharge for the residence or related roofed building;

Examples for paragraph (c)—

•installing a water tank for the primary water supply to a residence

•altering an existing water pipe for the primary water supply to a residence

•repairing a downpipe or gutter that drains stormwater from a related roofed building to a stormwater drain

•extending a sanitary drain that connects a residence to a main of a sewerage system

(d)building work for an elevated platform, including a verandah and deck, that is attached to a residence or related roofed building;

(e)building work for stairs, a ramp or a similar structure providing access to a residence or related roofed building if the stairs, ramp or structure are, or are to be, permanently attached to the residence or related roofed building;

(f)building work for the installation, repair or replacement of support structures for a residence or related roofed building.

Examples for paragraph (f)—

•replacement of a stump for a residence or related roofed building

•installation or repair of a retaining wall that supports a residence or related roofed building

•installation of underpinning for a residence or related roofed building

26   Work that is not primary insurable work

(1)For section 67WC(2)(e) of the Act, the following work is prescribed—

(a)work mentioned in schedule 1AA, section 21, 26, 29, 30, 32, 36, 40 or 45;

(b)installation of electrical appliances intended to be permanently fixed to a residence or related roofed building;

(c)installation, renovation, repair or replacement of any of the following—

(i)a cubbyhouse;

(ii)a structure for housing animals;

Example for subparagraph (ii)—

a doghouse

(iii)a shade sail or fixed umbrella;

(iv)telephone or data cables;

(v)a water meter;

(vi)a water tank that is not for the primary water supply to a residence or related roofed building;

(d)construction of a slab if—

(i)the slab is not within, or not attached or connected to, the building envelope of a residence or related roofed building; or

(ii)the work for the construction of the slab does not include the erection or construction of a residence, related roofed building or swimming pool on the slab.

(2)In this section—

electrical appliance means an instrument, apparatus or device that is connected to an electricity supply by means of a flexible cord plug and socket outlet.

swimming pool see the Building Act 1975, schedule 2.

26A   Calculating number of storeys of building

For section 67WE(4) of the Act, the number of storeys of a building is calculated by excluding 1 storey of the building if more than 50% of the floor area of at least 1 storey of the building is designed to accommodate motor vehicles.

Example—

If a building has 3 storeys containing residential units and another storey where more than 50% of the floor area of the storey is designed to accommodate motor vehicles, the number of storeys of the building is 3.

Division 3 Assistance

26B   Terms of cover

(1)For section 67Y of the Act, the terms of cover under which a consumer is entitled to assistance under the statutory insurance scheme are stated in schedule 2C.

(2)The terms of cover apply to the following work—

(a)residential construction work;

(b)work performed by either of the following if the work is associated with residential construction work—

(i)an architect in the architect’s professional practice;

(ii)an engineer in the engineer’s professional practice.

(3)The terms of cover applying to a claim under the statutory insurance scheme relating to residential construction work are the terms of cover stated in schedule 2C when—

(a)if the consumer for the work obtains optional additional cover—the optional additional cover comes into force for the work; or

(b)otherwise—cover under the statutory insurance scheme comes into force for the work.

Note—

See section 68I of the Actfor when cover under the statutory insurance scheme comes into force for residential construction work.

26C   Optional additional cover

(1)For section 67Z(4) of the Act, schedule 2C provides for other matters relating to optional additional cover.

(2)For section 67Z(5) of the Act, definition optional additional cover, the additional assistance provided to a person and the additional compensation to be paid under the statutory insurance scheme are stated in schedule 2C.

26D   Associate of building contractor not entitled to assistance under statutory insurance scheme

(1)For section 68(4) of the Act, if a building contractor carries out residential construction work, a person who is an associate of the building contractor is not entitled to assistance under the statutory insurance scheme in relation to the work.

(2)In this section—

associate, of a building contractor, means—

(a)if the building contractor is an individual—

(i)the individual’s spouse or child; or

(ii)a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(iii)a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or

(iv)a corporation of which the individual is an executive officer; or

(v)a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or

(b)if the building contractor is a corporation—

(i)an executive officer of the corporation; or

(ii)a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or

Examples for subparagraph (ii)—

•a shareholder with a significant shareholding

•a financier

•a senior employee

•an executive officer of another corporation that holds a controlling interest in the corporation

(iii)the spouse or child of a person mentioned in subparagraph (i), (ii) or (vii); or

(iv)a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or

(v)a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or

(vi)a related body corporate of the corporation; or

(vii)the corporation’s nominee.

building contractor does not include a subcontractor who carries out building work for a building contractor.

related body corporate see the Corporations Act, section 50.

Division 4 Calculating insurable value

26E   Application of division

This division prescribes, for section 68D(5) of the Act, the way to calculate the insurable value of particular residential construction work.

26F   Work for multiple dwelling

(1)This section applies if residential construction work includes any of the following work—

(a)residential construction work for the erection or construction of a multiple dwelling;

(b)residential construction work for the alteration or repair of the footings or slab of a multiple dwelling;

(c)residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a multiple dwelling if the insurable value of the work is more than $5,000;

(d)residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if—

(i)the work is in or on a multiple dwelling in the community titles scheme; and

(ii)the insurable value of the work is more than $20,000;

(e)residential construction work for the renovation, alteration, extension, improvement or repair of 2 or more residential units in a multiple dwelling if—

(i)the residential units are owned by the same person; and

(ii)the insurable value of the work is more than $20,000.

(2)The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.

Note—

See also sections 26M and 26N.

26G   Work for duplex

(1)This section applies if—

(a)residential construction work includes duplex work; and

(b)section 26F does not apply in relation to the work.

(2)The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.

Note—

See also sections 26M and 26N.

(3)In this section—

duplex work means any of the following work—

(a)residential construction work for the erection or construction of a duplex;

(b)residential construction work for the alteration or repair of the footings or slab of a duplex;

(c)residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a duplex if the insurable value of the work is more than $5,000;

(d)residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if—

(i)the work is in or on a duplex in the community titles scheme; and

(ii)the insurable value of the work is more than $20,000;

(e)residential construction work for the renovation, alteration, extension, improvement or repair of both residential units in a duplex if the insurable value of the work is more than $20,000.

26H   Work for 2 or more detached dwellings

(1)This section applies if—

(a)residential construction work includes building work for 2 or more detached dwellings; and

(b)section 26F or 26G does not apply in relation to the work.

(2)The insurable value of the residential construction work for each living unit is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.

Note—

See also section 26N.

26HA   Reference to particular work only includes primary building work

(1)In this division, a reference to the following work only includes building work that is primary building work—

(a)residential construction work mentioned in section 26F(1)(b) to (d);

(b)residential construction work mentioned in section 26G(3), definition duplex work, paragraphs (b) to (d).

(2)However, for calculating an amount mentioned in the following sections, residential construction work that is not primary building work is included—

(a)section 26F(1)(c) or (d)(ii);

(b)section 26G(3), definition duplex work, paragraph (c) or (d)(ii).

(3)In this section—

primary building work means relevant work for a duplex or multiple dwelling if—

(a)the relevant work is either or both of the following—

(i)within the building envelope, or for the renovation, alteration, extension, improvement or repair of the building envelope, for the duplex or multiple dwelling;

(ii)for the guttering of a duplex or multiple dwelling; and

(b)the insurable value of the relevant work is more than the regulated amount.

relevant work, for a duplex or multiple dwelling—

(a)means any of the following work—

(i)building work that affects the structural performance of the duplex or multiple dwelling;

(ii)building work for the relocation or replacement of a roof, wall, internal partition, floor or foundation for the duplex or multiple dwelling;

(iii)building work for the replacement or refitting of fixtures or fittings in a bathroom or kitchen in the duplex or multiple dwelling;

(iv)building work for an unenclosed, elevated platform or verandah, including a deck, attached to the duplex or multiple dwelling;

(v)building work that increases the covered floor area of the duplex or multiple dwelling;

(vi)building work for the installation or repair of the primary water supply to, or sewerage or drainage for, the duplex or multiple dwelling; and

(b)only includes work that is primary insurable work; and

(c)does not include painting.

Division 5 Miscellaneous

26I   Matters for notice of cover

(1)For section 68F(2) of the Act, the following matters must be included in a notice of cover for residential construction work—

(a)a description of the work;

(b)the name and licence number of the licensed contractor carrying out, or who is to carry out, the work;

(c)the address, including the lot on plan description, of the site where the work is being or is to be carried out;

(d)an amount representing the commission’s assessment of the insurable value of the work when issuing the notice;

(e)the insurance premium paid for the work;

(f)whether optional additional cover has been obtained for the work;

(g)general information about when cover under the statutory insurance scheme comes into force;

(h)general information about the time within which a claim under the statutory insurance scheme must be made.

(2)In this section—

licensed contractor see schedule 2C, section 2.

26J   Refund of part of insurance premium

(1)For section 70C of the Act, this section prescribes how to calculate the part of an insurance premium refundable because a variation of the value of residential construction work results in a decrease in the value of the work.

(2)The part of the insurance premium is the difference between the amount of the premium paid for the residential construction work before the variation and the amount of the premium that would have been payable on the decreased value.

26K   Amount for tenders for rectification work

The amount prescribed for section 71A(4) of the Actis $20,000.

26L   When work is taken to have started

(1)For section 71F of the Act, residential construction work is taken to start for the purposes of part 5 of the Actwhen—

(a)if the work includes the erection or construction of a footing system or slab or the provision of sewerage or drainage on a site—the erection or construction of the footing system or slab, or the provision of sewerage or drainage, physically starts on the site; or

(b)otherwise—work for the renovation, alteration, extension, improvement or repair of an existing building on a site physically starts on the site.

(2)In this section—

physically starts, for residential construction work, does not include starting any of the following—

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

(b)design work;

(c)administration services;

(d)earthmoving or excavating;

(e)site work related to the residential construction work.

26M   Residential unit for which residential construction work carried out

(1)This section applies if—

(a)residential construction work is for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme; and

(b)the work is in or on a duplex or multiple dwelling in the community titles scheme.

(2)The work is taken to be carried out for all residential units in the duplex or multiple dwelling.

(3)However, subsection (2) does not apply if the residential construction work for the common property is only for common property the subject of an exclusive use by-law under the Body Corporate and Community Management Act 1997.

26N   Living units

For this part, and schedule 2C—

(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.

27   Insurance information statement

(1)An interested person for land or a manufactured home may, on payment of the insurance information statement fee stated in schedule 1, ask the commission for an insurance information statement about the land or manufactured home.

(2)The commission must comply with the request.

(3)In this section—

home owner, of a manufactured home, means a home owner under the Manufactured Homes (Residential Parks) Act 2003.

interested person, for land or a manufactured home, means—

(a)an owner of the land; or

(b)a home owner of the manufactured home; or

(c)a prospective purchaser of the land or manufactured home; or

(d)the agent of a person mentioned in paragraph (a), (b) or (c).

owner, of land, includes the body corporate that under an approved determination of native title under the Native Title Act 1993 (Cwlth) has the exclusive right to regulate possession, occupation, use and enjoyment of the land.

Note—

See also schedule 2 of the Act, definition owner.

prospective purchaser, of land or a manufactured home, means a person who the commission is satisfied—

(a)if the land or manufactured home is offered or advertised for sale—is investigating purchasing the land or manufactured home; or

(b)has entered into a contract with the owner of the land or the home owner of the manufactured home for the purchase of the land or manufactured home.

Part 5A    Disqualified individuals

27AA   Demerit offence—Act, s 67AR

For section 67AR of the Act, each of the following is a demerit offence—

(a)an offence against a provision of the Act stated in schedule 2AA, column 1;

(b)a contravention of a requirement imposed under a provision of the Act stated in schedule 2AA, column 1.

27AB   Demerit points—Act, s 67AW(2)(a)

For section 67AW(2)(a) of the Act, the number of points allocated to a demerit offence is the number stated opposite the offence in schedule 2AA, column 2.

Part 5B    Domestic building contracts

27AC   Level 2 amount—Act, sch 1B, s 7

For the Act, schedule 1B, section 7(2), definition level 2 amount, the prescribed amount is $20,000.

27AD   Building that is not a home—Act, sch 1B, s 9

For schedule 1B, section 9(2) of the Act, each of the following is declared not to be a home—

(a)premises not intended to be used for permanent habitation;

(b)a guesthouse, hostel or similar establishment;

(c)a motel, residential club, residential hotel, residential part of a licensed premises or a serviced apartment;

(d)a hospital, nursing home, aged care home, hostel or retirement village;

(e)residential premises associated with a hospital or educational institution;

(f)residential premises specifically set aside as a place at which specialised care services are supplied to children or disabled persons residing at the place;

(g)a prison or similar establishment;

(h)a caravan.

27AE   Publication of consumer building guide—Act, sch 1B, s 46

For schedule 1B, section 46(1) of the Act, the commission must publish the consumer building guide on the commission’s website.

Part 6    General

27A   Fire protection work—Act, s 42C(2)

(1)For section 42C(2)(a) of the Act, the fire protection work mentioned in schedule 2B, column 1 is prescribed.

(2)For section 42C(2)(b) of the Act, the technical qualifications mentioned in schedule 2B, column 2 are prescribed for the corresponding fire protection work mentioned in schedule 2B, column 1.

28   Signs to be exhibited—Act, s 52

For section 52 of the Act, a sign must—

(a)be made of weatherproof materials; and

(b)have a surface area of at least 0.5m²; and

(c)be printed in letters at least 5cm high and placed in a way that can be easily read from the nearest street alignment.

29   Advertisements—Act, s 54

For section 54(c) of the Act, the information to be included in an advertisement under section 54(a) and (b) of the Act must—

(a)if written—be easily read; or

(b)if spoken—be no less audible and clear than other spoken material contained in the advertisement.

30   Notification of nominee—Act, s 55

(1)The notice required by section 55 of the Act must be in writing and must contain the following information—

(a)the name under which the company is licensed;

(b)the licence number and class of licence held by the company;

(c)the full name, address and licence number of the former nominee;

(d)the date on which the former nominee ceased to be a nominee of the company;

(e)in the case of a change of nominee—

(i)the full name, address and licence number of the new nominee; and

(ii)the date on which the new nominee became the nominee of the company.

(2)The notice must also contain the name of a director of the company or an officer authorised by the company to give the notice, and be signed by the director or officer.

31   Partnerships—Act, s 56

(1)For section 56(1)(c) of the Act, an advertisement must, in addition to the name under which the licensed contractor is licensed, state that the contractor is licensed under the Act, and the contractor’s licence number.

(2)The name, the statement about being licensed and the licence number must—

(a)if written—be able to be easily read; or

(b)if spoken—be no less audible and clear than other spoken material contained in the advertisement.

32   Warning that contract is a construction management trade contract—Act, s 67V

(1)For section 67V(2) of the Act, the following form of warning is prescribed—

‘APPROVED WARNING UNDER SECTION 67V OF THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991

This contract is a construction management trade contract, not a subcontract.

You should be aware that, unlike a subcontract, under this contract the contracting party responsible for making payments to you (whether directly to you, or through the construction manager identified in this contract) is not required to demonstrate financial capacity to undertake the project under the Queensland Building and Construction Commission Act 1991 or any other legislation.

You should make your own enquiries to satisfy yourself that the contracting party responsible for making payments to you under this contract has the financial capacity to fulfil its financial obligations to you.’.

(2)The warning in subsection (1) must be—

(a)on the first page of the contract; and

(b)in bold type of at least 12 point font size.

33   Particulars in register—Act, s 99(2)(e)

(1)For section 99(2)(e) of the Act, the particulars are the following—

(a)for a licensee who holds a licence that authorises the licensee to carry out residential construction work—

(i)the value of residential construction work carried out by the licensee other than work carried out as a subcontractor; and

(ii)the number of projects involving residential construction work for which the licensee has carried out, or agreed to carry out, building work as a licensee; and

(iii)if the licensee is a company—the full name and business address of the nominee and each director and secretary of the company;

(b)the licensee’s current allowable annual turnover category;

(c)if the licensee is a company and the nominee, a licensed director or a licensed secretary of the company is, or within the last 10 years was, a nominee, a licensed director or a licensed secretary of another company (the other company) that was a licensee at the relevant time—the name of the other company.

(2)If a nominee, director or secretary mentioned in subsection (1)(a)(iii) does not have a business address, the register must instead contain the residential address of each nominee, director and secretary.

(3)In this section—

allowable annual turnover category, for a licensee, means the category designated, under the board’s policies, for the licensee’s allowable annual turnover.

licensed director means a director of a company if—

(a)the company is, or is required to be, a licensee; and

(b)the director is also, or is also required to be, a licensee.

licensed secretary means a secretary of a company if—

(a)the company is, or is required to be, a licensee; and

(b)the secretary is also, or is also required to be, a licensee.

relevant time means any time during which the person mentioned in subsection (1)(c) is or was a nominee, a licensed director or a licensed secretary of the other company.

33A   Prescribed government project—Act, sch 1A, s 11

(1)For the Act, schedule 1A, section 11(5), definition prescribed government project, the construction of the Commonwealth Games village (the relevant project) is prescribed.

(2)For the Act, schedule 1A, section 11(2)(a), building work of any class is prescribed for the relevant project.

34   Single amount to be transferred from General Statutory Fund to Insurance Fund—Act, s 25

For section 25(4) of the Act, the single amount is $2,769,000.

34A   Approval of board’s policies—Act, s 19

For section 19(1) of the Act, the policies stated in schedule 1A are approved.

34AA   Prescribed persons and ways to examine building products or samples—Act, s 106O

(1)For section 106O(4) of the Act, the prescribed classes of person for examining a building product or sample are—

(a)if an Australian Standard states a way to examine the building product or sample—

(i)persons accredited by NATA to examine the building product or sample; and

(ii)persons accredited by another entity to examine the building product or sample, if the accreditation is recognised by NATA under a written agreement between NATA and the entity; and

(b)if paragraph (a) does not apply—persons the commissioner is satisfied are appropriately qualified to examine the building product or sample in the way mentioned in subsection (2)(b).

(2)For section 106O(4) of the Act, the prescribed ways to examine a building product or sample are—

(a)if an Australian Standard states a way to examine the building product or sample—the stated way; and

(b)if paragraph (a) does not apply—a way the commissioner is satisfied is appropriate for examining the building product or sample for the purposes of part 6AA of the Act.

(3)In this section—

NATA means the National Association of Testing Authorities Australia ABN 59 004 379 748.

34AB   Record keeping

The commissioner must keep a record of persons mentioned in section 34AA(1)(b).

34B   Interest

(1)For section 77(2)(c) of the Act, interest is payable on the amount of damages awarded—

(a)if the parties have entered into a contract—at the rate specified under the contract; or

(b)at the rate agreed between the parties; or

(c)otherwise—at the rate of 10%.

(2)The interest is payable on and from the day after the day that the amount became payable until and including the day the amount is paid.

35   Fees

The fees in schedule 1 are the prescribed fees for the purposes mentioned in the schedule.

Part 7    Repeals and transitional provisions

Division 1 Repeals

36   Repeals of regulations

The following regulations are repealed—

•Queensland Building Services Authority Regulation 1992 SL No. 167

•Queensland Building Services Authority Amendment Regulation (No. 1) 1992 SL No. 438

•Queensland Building Services Authority Amendment Regulation (No. 1) 1993 SL No. 25

•Queensland Building Services Authority Amendment Regulation (No. 2) 1993 SL No. 325

•Queensland Building Services Authority Amendment Regulation (No. 3) 1993 SL No. 412

•Queensland Building Services Authority Amendment Regulation (No. 4) 1993 SL No. 492

•Queensland Building Services Authority Amendment Regulation (No. 1) 1994 SL No. 40.

Division 2 Transitional provisions for Queensland Building Services Authority Regulation 2003

37   Definitions for div 2

In this division—

commencement means commencement of this section.

existing licence means a licence under the repealed regulation.

repealed regulation means the Queensland Building Services Authority Regulation 1992.

38   References to repealed regulation

In an Act or document, a reference to the repealed regulation may, if the context permits, be taken as a reference to this regulation.

39   Transitional provision about construction management trade contracts

(1)This section applies to a construction management trade contract entered into during the transition period.

(2)Despite section 32(2), a warning on the contract is taken to be in the form prescribed by regulation—

(a)if the warning is substantially to the same effect as the form of warning in section 32(1); and

(b)whether or not the warning is on the first page of the contract or in bold type of at least 12 point font size.

(3)In this section—

transition period means the period starting on the commencement and ending on 30 June 2004.

40   Transitioned licences subject to conditions etc.

(1)This section applies if a licensee’s existing licence was, immediately before the commencement, subject to a condition, endorsement or restriction.

(2)The licence is taken to be subject to the same condition, endorsement or restriction, regardless of whether, under this division, the licensee is taken to be a licensee for a licence of different class.

(3)However, if the name of the existing licence includes ‘restricted’, the restriction specified in the name is not a restriction for subsection (1).

Example—

An existing licence ‘bricklaying restricted to blocklaying’ that is not subject to any condition, endorsement or restriction transitions to a licence ‘bricklaying and blocklaying’ (the new licence) under section 41. The new licence is not restricted, and the licensee may carry out bricklaying and blocklaying.

41   Existing licences that automatically transition to new licence class

(1)This section applies to a licensee who immediately before the commencement held an existing licence of a class mentioned in column 1 of the following table (the column 1 licence)—

Table

Column 1	Column 2
1	building design	building design—open
2	building design (limited)	building design—medium rise
3	residential design	building design—medium rise
4	residential design (limited)	building design—low rise
5	general building	builder—open
6	general building restricted to 3 storeys	builder—medium rise
7	general building restricted to 1 storey	builder—low rise
8	completed building inspection	completed residential building inspection
9	completed building inspection restricted to residential buildings	completed residential building inspection
10	kitchen, bathroom and laundry installations	builder restricted to kitchen, bathroom and laundry installation
11	hydraulic services design	hydraulic services design
12	hydraulic services design excluding on-site domestic waste water management	hydraulic services design excluding on-site domestic waste water management
13	bricklaying	bricklaying and blocklaying
14	bricklaying restricted to blocklaying	bricklaying and blocklaying
15	bricklaying restricted to brick and segmental paving	brick and segmental paving
16	carpentry and joinery	carpentry joinery
17	carpentry restricted to joinery products	joinery
18	concreting	concreting
19	concreting restricted to piling and foundations	foundation work (piling and anchors)
20	steel fixing	steel fixing
21	fire fighting appliances	fire fighting appliances
22	fire hydrants and fire hose reels	fire hose reels and fire hydrants
23	fire detection systems	fire detection systems
24	fire sprinkler systems (domestic and residential)	fire sprinkler systems (domestic and residential)
25	fire sprinkler systems (other than domestic and residential)	fire sprinkler systems (other than domestic and residential)
26	fire suppression systems—special hazards	fire suppression systems—special hazards
27	passive fire equipment (wall and ceiling lining)	fire equipment—passive (wall and ceiling lining)
28	passive fire equipment (fire doors and fire shutters)	fire equipment—passive (fire doors and fire shutters)
29	fixed fire pump sets	fixed fire pump sets
30	floor finishing and covering	floor finishing and covering (hard sector)
31	gas fitting	gasfitting
32	glazing	glass, glazing and aluminium
33	metal fabricating	structural metal fabrication and erection sheds, carports and garages
34	metal fabricating restricted to non-structural metal fabricating	non-structural metal fabrication and installation
35	metal fabricating restricted to sheds, garages and carports	sheds, carports and garages
36	painting	painting and decorating
37	pest controlling	termite management—chemical
38	pest controlling restricted to termite barrier installation	termite management—physical
39	plastering (solid)	plastering solid
40	plastering (drywall)	plastering drywall
41	plumbing and draining	plumbing and drainage
42	plumbing and draining restricted to draining	drainage
43	plumbing and draining restricted to roofing and wall cladding	metal roofing and wall cladding
44	plumbing and draining restricted to urban irrigation	irrigation
45	plumbing and draining restricted to fascias, barges, gutters and downpipes	metal fascias and gutters
46	refrigeration, airconditioning and mechanical services restricted to ducting manufacture and installation	air handling duct installation
47	roof tiling	roof tiling
48	site classifier	site classifier
49	site classifier excluding on-site domestic waste water management	site classifier excluding on-site domestic waste water management
50	stone masonry	stonemasonry
51	swimming pool construction	builder restricted to swimming pool construction
52	wall and floor tiling	wall and floor tiling
53	waterproofing application	waterproofing
54	waterproofing restricted to commercial waterproofing	waterproofing
55	waterproofing restricted to residential waterproofing	waterproofing

(2)The licensee is taken to be a licensee for a licence of a class mentioned in column 2 of the table shown opposite the column 1 licence.

42   Existing licences that may be transitioned to new licence class

(1)This section applies to a licensee who immediately before the commencement held an existing licence of a class mentioned in column 1 of the following table (the column 1 licence)—

Table

Column 1	Column 2	Column 3
1	housebuilding	builder medium rise	demonstrated experience of at least 1 year in the scope of work mentioned in schedule 2, part 5
2	refrigeration, airconditioning and mechanical services	refrigeration, airconditioning and mechanical services including unlimited design	demonstrated experience of at least 1 year in the scope of work mentioned in schedule 2, part 44
3	shop fitting	builder restricted to shopfitting	demonstrated experience of at least 1 year in the scope of work mentioned in schedule 2, part 8
4	structural landscaping	builder restricted to structural landscaping	demonstrated experience of at least 1 year in the scope of work mentioned in schedule 2, part 9

(2)The licensee may continue to hold the column 1 licence for not more than 2 years from the commencement, and while the licensee holds the licence, is taken to hold it under the Act.

(3)While the licensee continues to hold the licence, the provisions of schedule 2 of the repealed regulation that applied to the licence immediately before the commencement are taken to continue to apply to it.

(4)Subject to subsection (5), the licensee may, within 2 years from the commencement, elect to become a licensee for a licence of the class mentioned in column 2 of the table (the column 2 licence) shown opposite the column 1 licence.

(5)The licensee may make an election under subsection (4) only if the licensee meets any experience requirement or qualification requirement mentioned in column 3 of the table shown opposite the column 2 licence.

(6)If the licensee does not make an election under subsection (4), the licensee is, after 2 years from the commencement, taken to hold—

(a)for a housebuilding licence—a builder low rise licence; or

(b)for a refrigeration, airconditioning and mechanical services licence—a refrigeration, airconditioning and mechanical services including limited design licence; or

(c)for a shopfitting licence—a shopfitting (trade) licence; or

(d)for a structural landscaping licence—a structural landscaping (trade) licence.

(7)Despite subsections (4) to (6), the licensee may, within 2 years from the commencement, elect to hold—

(a)for a housebuilding licence—a builder low rise licence; or

(b)for a refrigeration, airconditioning and mechanical services licence—a refrigeration, airconditioning and mechanical services including limited design licence; or

(c)for a shopfitting licence—a shopfitting (trade) licence; or

(d)for a structural landscaping licence—a structural landscaping (trade) licence.

43   Licences that may be held and renewed after commencement—Act, s 30

(1)For section 30(4) of the Act, the following classes of licence (the continuing classes) are specified—

•building restricted to alterations and additions

•building restricted to external finishes

•building restricted to building removal

•building restricted to renovations, repairs and maintenance

•building restricted to repairs and maintenance

•building restricted to non-structural renovations

•carpentry (formwork)

•carpentry restricted to framing

•carpentry restricted to lattice and other timber work

•concreting restricted to concrete repairs

•concreting restricted to light concreting

•concreting restricted to minor repairs

•concreting restricted to special finishes

•specialised contracting—screw-in foundations

•floor finishing and covering restricted to floor sanding and finishing—timber floors

•floor finishing and covering restricted to install floating flooring

•floor finishing and covering restricted to install strip flooring (non-structural)

•floor finishing and covering restricted to seamless flooring

•floor finishing and covering restricted to install cork flooring

•floor finishing and covering restricted to install parquetry flooring

•painting restricted to roof painting

•painting restricted to special finishes

•plastering drywall restricted to cornice fixing

•plastering drywall restricted to partition installation

•plastering drywall restricted to plaster setting

•plastering drywall restricted to suspended ceiling fixing

•plastering drywall restricted to wallboard fixing

•plumbing and draining restricted to plumbing

•plumbing and draining restricted to wall cladding

•plumbing and draining restricted to skylight and ventilator installation

•plumbing and draining restricted to tanks—water supply

•specialised contracting—solid fuel heater installation

•refrigeration, airconditioning and mechanical services restricted to multipackaged residential airconditioning equipment and plant

•refrigeration, airconditioning and mechanical services restricted to residential evaporative cooling equipment

•refrigeration, airconditioning and mechanical services restricted to self-contained window package residential airconditioning installation

•roof tiling restricted to roof tile maintenance

•structural landscaping restricted to fences

•structural landscaping restricted to retaining walls

•swimming pool and spa construction restricted to finishes.

(2)While a licensee holds a licence of a continuing class, the provisions of schedule 2 of the repealed regulation that applied to the licence immediately before the commencement are taken to continue to apply to it.

44   Completed building inspections by certain housebuilders

(1)This section applies to a licensee who, immediately before the commencement—

(a)held an existing licence that was a housebuilding licence; and

(b)had professional indemnity insurance for at least $1,000,000 for completed building inspections.

(2)The authority may grant the person a licence under schedule 2, part 14 if the person applies to the authority for the licence within 6 months after the commencement.

45   Transitional provision about certain persons enrolled in Certificate IV in Building CNBUI012

(1)This section applies to a person who enrolled in the course Certificate IV in Building CNBUI012 before 1 March 2003, and was enrolled in the course immediately before the commencement.

(2)Despite schedule 2, part 4, section 3(a), for 2 years after the commencement, the person is taken to have a qualification for a licence under schedule 2, part 4 if the person has successfully completed the following modules from CNBUI012 Certificate IV in Building—

(a)Construction 1 ABC001;

(b)Construction 2 ABC002;

(c)Cost control and planning 1 ABC069;

(d)Building quantities and estimating 1A ABC076;

(e)Building quantities and estimating 1B ABC077;

(f)Building site surveying and set out 1 ABC083;

(g)Building technology 1 ABC088;

(h)Business management for building industry 1A ABC091;

(i)Business management for building industry 1B ABC092;

(j)Residential site safety ABC102A;

(k)Timber framing code ABC105.

Division 3 Transitional provision for Queensland Building Services Authority Amendment Regulation (No. 1) 2007

46   Continuing classes of licences that automatically transition to new licence class

(1)This section applies to a licensee who, immediately before the commencement of this section, held a licence mentioned in column 1 of the following table (the column 1 licence)—

Table

Column 1	Column 2
1	swimming pool and spa construction restricted to concrete	swimming pool construction, installation and maintenance (construction)
2	swimming pool and spa construction restricted to fibreglass	swimming pool construction, installation and maintenance (installation)
3	swimming pool and spa construction restricted to pool maintenance and repairs	swimming pool construction, installation and maintenance (maintenance and accessories)
4	swimming pool and spa construction restricted to prefabricated or packaged products	swimming pool construction, installation and maintenance (installation)

(2)The licensee is taken to be a licensee for a licence of a class mentioned in column 2 of the table shown opposite the column 1 licence.

Division 4 Transitional provisions for Queensland Building Services Authority Amendment Regulation (No. 2) 2008

47   Definitions for div 4

In this division—

commencement means commencement of this section.

existing licence means a licence under the pre-amended regulation.

pre-amended regulation means this regulation as in force immediately before the commencement.

48   Transitioned licences subject to conditions

(1)This section applies if a licensee’s existing licence was, immediately before the commencement, subject to a condition or endorsement.

(2)The licence is taken to be subject to the same condition or endorsement whether or not, as a result of this division, the licensee is taken to be a licensee for a licence of a different class.

49   Existing licences that automatically transition to new licence class

(1)This section applies to a licensee who, immediately before the commencement, held a contractor’s or nominee supervisor’s licence mentioned in column 1 of the following table (the column 1 licence)—

Table

Column 1	Column 2
1	fire detection systems	fire detection, alarm and warning systems—certify fire detection, alarm and warning systems—install and maintain—extra low voltage
2	fire detection systems restricted to carrying out certain work	fire detection, alarm and warning systems—install and maintain—extra low voltage
3	fire detection systems restricted certification of, and preparation of reports about, certain work	fire detection, alarm and warning systems—certify
4	fire equipment—passive (wall and ceiling lining)	passive fire protection—fire and smoke walls and ceilings—certify plastering drywall licence
5	fire equipment—passive (penetration and joint sealing)	passive fire protection—fire collars, penetrations and joint sealing—certify, install and maintain
6	fire equipment—passive (fire doors and fire shutters)	passive fire protection—fire doors and shutters—certify
7	fire equipment—passive (fire doors and fire shutters) restricted to carrying out certain work	passive fire protection—fire doors and shutters—inspect and test
8	fire equipment—passive (fire doors and fire shutters) restricted to certification of, and preparation of reports about, certain work	passive fire protection—fire doors and shutters—certify
9	fire fighting appliances	fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain
10	fire fighting appliances restricted to carrying out certain work	portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain
11	fire fighting appliances restricted to certification of, and preparation of reports about, certain work	fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify
12	fire hose reels and fire hydrants	fire hydrants and hose reels—certify fire hydrants and hose reels—install and maintain
13	fire hose reels and fire hydrants restricted to carrying out certain work	fire hydrants and hose reels—install and maintain
14	fire hose reels and fire hydrants restricted to certification of, and preparation of reports about, certain work	fire hydrants and hose reels—certify
15	fixed fire pump sets	fire pumps—certify fire pumps—install and maintain
16	fixed fire pump sets restricted to carrying out certain work	fire pumps—install and maintain
17	fixed fire pump sets restricted to certification of, and preparation of reports about, certain work	fire pumps—certify
18	fire sprinkler systems (domestic and residential)	sprinkler and suppression systems (reticulated water based)—restricted to domestic or residential type—certify sprinkler and suppression systems (reticulated water based)—restricted to domestic or residential type—install and maintain
19	fire sprinkler systems (domestic and residential) restricted to carrying out certain work	sprinkler and suppression systems (reticulated water based)—restricted to domestic or residential type—install and maintain
20	fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work	sprinkler and suppression systems (reticulated water based)—restricted to domestic or residential type—certify
21	fire sprinkler systems (other than domestic and residential)	sprinkler and suppression systems (reticulated water based)—restricted to commercial or industrial type—certify sprinkler and suppression systems (reticulated water based)—restricted to commercial or industrial type—install and maintain
22	fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work	sprinkler and suppression systems (reticulated water based)—restricted to commercial or industrial type—install and maintain
23	fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work	sprinkler and suppression systems (reticulated water based)—restricted to commercial or industrial type—certify
24	fire sprinkler systems (domestic and residential); and fire sprinkler systems (other than domestic and residential)	sprinkler and suppression systems (reticulated water based)—certify sprinkler and suppression systems (reticulated water based)—install and maintain
25	fire sprinkler systems (domestic and residential) restricted to carrying out certain work; and fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work	sprinkler and suppression systems (reticulated water based)—install and maintain
26	fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work; and fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work	sprinkler and suppression systems (reticulated water based)—certify

(2)If the licensee held a contractor’s licence, the licensee is taken to be a licensee for a contractor’s licence of a class mentioned in column 2 of the table shown opposite the column 1 licence.

(3)If the licensee held a nominee supervisor’s licence, the licensee is taken to be a licensee for a nominee supervisor’s licence of a class mentioned in column 2 of the table shown opposite the column 1 licence.

50   Contractors’ licences that may be held and renewed after commencement—Act, s 30

(1)For section 30(4) of the Act, the following classes (the continuing classes) of licence are specified—

(a)fire suppression systems—special hazards;

(b)fire suppression systems—special hazards restricted to carrying out certain work;

(c)fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work.

(2)While a licensee holds a continuing class of licence, the provisions of schedule 2, including the meaning of any definitions used in schedule 2, of the pre-amended regulation that applied to the licence immediately before the commencement are taken to continue to apply to it.

51   Nominee supervisors’ licences that may be held and renewed after commencement

(1)This section applies to the following classes of nominee supervisor’s licences—

(a)fire suppression systems—special hazards;

(b)fire suppression systems—special hazards restricted to carrying out certain work;

(c)fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work.

(2)A class of licence in subsection (1) may be held and renewed by a person who held that class immediately before commencement but may not, after commencement be applied for by, or issued to, another person.

(3)While a licensee holds a class of licence in subsection (1), the provisions of schedule 2, including the meaning of any definitions used in schedule 2, of the pre-amended regulation that applied to the licence immediately before the commencement are taken to continue to apply to it.

52   Transitional provision for sprinkler and suppression systems (reticulated water based)—inspect and test

(1)This section applies if an applicant has—

(a)satisfactorily completed the following competencies—

(i)Test fire protection systems for pressure BCPFS2005A;

(ii)Test and maintain automatic fire sprinklers BCPFS3009A; and

(b)provides the authority with evidence that—

(i)the applicant was employed, before 1 January 2009, in the fire protection industry; and

(ii)their duties in that employment included the inspection and testing of sprinkler and suppression systems.

(2)The applicant is taken to hold the technical qualifications for a fire protection occupational licence in the class of sprinkler and suppression systems (reticulated water based)—inspect and test.

53   Transitional provision for certain qualifications

(1)This section applies if—

(a)completion of a course before 1 January 2009 satisfies the technical requirements for a licence mentioned in column 1 of the table; and

(b)a person provides the authority with evidence that—

(i)the person was enrolled in the course before 1 January 2009; and

(ii)the person successfully completed the course before 1 January 2011.

(2)The person is taken to satisfy the technical qualifications for a licence of a class mentioned in column 2 of the table shown opposite the licence in column 1 of the table.

(3)In this section—

table means the table set out in section 49.

Division 5 Transitional provisions for Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 2) 2009

54   Definition for div 5

In this division—

existing licence means a licence of a class specified in section 43.

55   Existing licence automatically transitions to licence class

(1)This section applies to a licensee who immediately before the commencement held an existing licence for a class mentioned in column 1 of the following table (the column 1 licence)—

Table

Column 1	Column 2
1	Building restricted to renovations—wet areas	Builder restricted to kitchen, bathroom and laundry installation
2	Carpentry restricted to internal finishes	Joinery
3	Carpentry restricted to outdoor construction	Structural landscaping (trade)
4	Concreting restricted to underpinning and foundation repairs	Foundation work (piling and anchors)
5	Painting restricted to new domestic buildings	Painting and decorating
6	Painting restricted to repainting domestic buildings	Painting and decorating

(2)The licensee is taken to be a licensee for a licence of a class mentioned in column 2 of the table shown opposite the column 1 licence.

56   Existing licence combination automatically transitions to licence class

(1)This section applies to a licensee who immediately before the commencement held an existing licence for all classes mentioned in an item in column 1 of the following table (the column 1 licence combination)—

Table

Column 1	Column 2
1	Carpentry (formwork); and Carpentry restricted to framing	Carpentry
2	Carpentry (formwork); and Carpentry restricted to framing; and Carpentry restricted to lattice and other timber work	Carpentry
3	Carpentry restricted to outdoor construction; and Carpentry restricted to lattice and other timber work	Structural landscaping (trade)
4	Carpentry restricted to outdoor construction; and Structural landscaping restricted to fences	Structural landscaping (trade)
5	Carpentry restricted to outdoor construction; and Carpentry restricted to lattice and other timber work; and Structural landscaping restricted to fences	Structural landscaping (trade)
6	Floor finishing and covering restricted to floor sanding and finishing—timber floors; and Floor finishing and covering restricted to install floating flooring; and Floor finishing and covering restricted to install parquetry flooring	Floor finishing and covering (hard sector)
7	Floor finishing and covering restricted to floor sanding and finishing—timber floors; and Floor finishing and covering restricted to install cork flooring; and Floor finishing and covering restricted to parquetry flooring	Floor finishing and covering (hard sector)
8	Floor finishing and covering restricted to install floating flooring; and Floor finishing and covering restricted to install cork flooring; and Floor finishing and covering restricted to install parquetry flooring	Floor finishing and covering (hard sector)
9	Floor finishing and covering restricted to floor sanding and finishing—timber floors; and Floor finishing and covering restricted to install floating flooring; and Floor finishing and covering restricted to install strip flooring (non-structural)	Floor finishing and covering (hard sector)
10	Floor finishing and covering restricted to floor sanding and finishing—timber floors; and Floor finishing and covering restricted to install parquetry flooring; and Floor finishing and covering restricted to install strip flooring (non-structural); and A column 1 licence combination mentioned in items 6 to 9; and A floor finishing class	Floor finishing and covering (hard sector)
11	Painting restricted to new domestic buildings; and A painting class	Painting and decorating
12	Painting restricted to repainting domestic buildings; and A painting class	Painting and decorating
13	Plastering drywall restricted to wallboard fixing; and Plastering drywall restricted to plaster setting; and Plastering drywall restricted to cornice fixing	Plastering drywall
14	Plastering drywall restricted to wallboard fixing; and Plastering drywall restricted to plaster setting; and Plastering drywall restricted to cornice fixing; and A plastering class	Plastering drywall

(2)The licensee is taken to be a licensee for a licence of a class mentioned in column 2 of the table shown opposite the column 1 licence combination.

(3)In this section—

floor finishing class means 1 or more of the following—

(a)floor finishing and covering restricted to floor sanding and finishing—timber floors;

(b)floor finishing and covering restricted to install floating flooring;

(c)floor finishing and covering restricted to install strip flooring (non-structural);

(d)floor finishing and covering restricted to seamless flooring;

(e)floor finishing and covering restricted to install cork flooring;

(f)floor finishing and covering restricted to install parquetry flooring.

painting class means 1 or more of the following—

(a)painting restricted to new domestic buildings;

(b)painting restricted to repainting domestic buildings;

(c)painting restricted to roof painting;

(d)painting restricted to special finishes.

plastering class means 1 or more of the following—

(a)plastering drywall restricted to cornice fixing;

(b)plastering drywall restricted to partition installation;

(c)plastering drywall restricted to plaster setting;

(d)plastering drywall restricted to suspended ceiling fixing;

(e)plastering drywall restricted to wallboard fixing.

57   Licence subject to a condition or endorsement

(1)This section applies if a licensee held an existing licence subject to a condition or endorsement immediately before the commencement.

(2)The licence is taken to be subject to the same condition or endorsement whether or not the licensee is taken to be a licensee for a licence of a different class because of this division.

58   Portable fire equipment and hose reels licence class qualification

(1)This section applies if a person gives the authority evidence that—

(a)the person was enrolled in the competency unit called ‘Service portable fire extinguishers in the workshop PRMPFES14B’ (the competency unit) before the commencement; and

(b)the person successfully completed the competency unit before 1 January 2011.

(2)The person is taken to have satisfied the technical qualification mentioned in—

(a)schedule 2, part 28, section 3(2)(a)(iii); and

(b)schedule 2A, part 8, section 3(2)(a)(iii).

Division 6 Transitional provision for Queensland Building and Construction Commission Amendment Regulation (No. 1) 2015

59   Existing application for contractor’s licence or renewal

(1)This section applies if, before the commencement, a person applied for a contractor’s licence under section 33 of the Act or the renewal of a contractor’s licence under section 37B of the Act and the application had not been decided.

(2)For the purposes of deciding the application—

(a)the new policy does not apply; and

(b)the policy stated in item 6 of schedule 1A, as in force immediately before the commencement, continues to apply.

Note—

Under section 35(3)(a) of the Act, a licensee must satisfy the relevant financial requirements stated in the board’s policies. The new policy takes effect on 9 October 2015.

(3)In this section—

new policy means the Minimum Financial Requirements made by the board on 28 August 2015.

Division 7 Transitional provisions for Queensland Building and Construction Commission and Other Legislation Amendment Regulation (No. 1) 2016

60   Definitions for this division

In this division—

part 10 licence means a licence for the class mentioned in schedule 2, part 10 of the pre-amended regulation.

part 51A licence means a licence for the classes mentioned in schedule 2, part 51A.

pre-amended regulation means this regulation as in force immediately before the commencement.

61   Part 10 licences

(1)This section applies to a licensee who, immediately before the commencement, held a part 10 licence.

(2)After the commencement, the licence, including any condition, endorsement or restriction that applies to the licence, continues in force until the day the licence is stated to be due for renewal.

(3)While the licensee holds the licence, schedule 2, and any definitions used in schedule 2, of the pre-amended regulation that applied to the licence continue to apply to the licence.

(4)An application for the renewal of the licence is taken to be an application for the renewal of a part 51A licence subject to the same conditions, endorsements or restrictions that applied to the part 10 licence.

62   Part 10 licence applications

(1)Subsection (2) applies to a person who, immediately before the commencement, had the qualifications required for a part 10 licence.

(2)If the person applied for a part 10 licence before the commencement, but the application was not decided before the commencement—

(a)the application is taken to be an application for a part 51A licence; and

(b)the person is taken to have the qualifications required for a part 51A licence.

(3)Subsection (4) applies to a person who—

(a)immediately before the commencement, had the qualifications required for a part 10 licence; or

(b)within 1 year after the commencement, obtains the qualifications required for a part 10 licence.

(4)If the person applies for a part 51A licence within 1 year after the commencement, the person is taken to have the qualifications required for a part 51A licence.

63   Other licence applications

(1)This section applies if—

(a)an application was made for a licence, other than a part 10 licence, before the commencement; and

(b)the application was not decided before the commencement.

(2)The application must be decided under this regulation as in force immediately after the commencement.

Schedule 1AA Work that is not building work

section 5

1   Work for a farm building or farm fence

(1)Work mentioned in the Act, schedule 2, definition building work, paragraphs (a) to (f), if the work is for a farm building.

(2)Work mentioned in the Act, schedule 2, definition building work, paragraph (a), (b) or (f), if the work is for a farm fence.

(3)In this section—

farm building means a building—

(a)on land used wholly or primarily for agricultural or pastoral purposes; and

(b)used, or intended to be used, for agricultural or pastoral purposes; and

(c)that has a completed value of not more than $27,500; and

(d)that is not a residence.

farm fence means—

(a)a fence—

(i)on land used wholly or primarily for agricultural or pastoral purposes; and

(ii)used, or intended to be used, for agricultural or pastoral purposes; or

(b)a gate or grid associated with a fence mentioned in paragraph (a).

2   Work of a value of $3,300 or less

Work of a value of $3,300 or less, unless—

(a)subject to section 33(2) of this schedule, the work is within the scope of work of a fire protection licence; or

(b)the work is within the scope of work of a licence provided for in schedule 2, part 11–14, 18, 19, 33, 48 or 52; or

(c)the work is within the scope of work of another licence provided for in schedule 2, and is carried out by a licensee as part of a contract for building work of which the total value is more than $3,300; or

(d)the work is within the scope of work of a licence provided for in schedule 2, part 35 and the value of the work is more than $1,100.

3   Giving of free advice by building industry organisation

Giving of free advice by an organisation the membership of which is drawn wholly or predominantly from the building industry.

4   Work performed by an architect

Work performed by an architect in the architect’s professional practice, including, for example, carrying out a completed building inspection.

5   Work performed by an engineer

Work performed by an engineer in the engineer’s professional practice.

6   Work performed by a licensed surveyor

Work performed by a licensed surveyor in the surveyor’s professional practice.

7   Work performed by the Commonwealth or its agencies

Work performed by the Commonwealth or an instrumentality or agency of the Commonwealth, but not work performed for the Commonwealth or an instrumentality or agency by an independent contractor.

8   Work performed by the State or its agencies

(1)Work performed by the State or an instrumentality or agency of the State, but not work performed for the State or an instrumentality or agency by an independent contractor.

(2)In this section—

agency of the State includes the following—

(a)a department;

(b)a government owned corporation;

(c)an entity established under an Act;

(d)a rail government entity under the Transport Infrastructure Act 1994.

9   Work performed by a local government

Work performed by a local government, but not work performed for a local government by an independent contractor.

10   Work performed by a charity or community organisation

(1)Work performed by a charitable or community organisation for its own use, if the commission gives the organisation written notice the work can be excluded from the definition building work, given the qualifications and experience of persons who supervise the work.

(2)However, this exclusion does not apply to residential construction work.

11   Work for a water reticulation system, sewerage system or stormwater drain

(1)Construction, extension, repair or replacement of a water reticulation system, sewerage system or stormwater drain, other than works connecting a particular building to a main of the system or drain.

(2)In this section—

building includes a proposed building.

12   Work for a public utility easement

(1)Construction, maintenance or repair on a public utility easement.

(2)In this section—

public utility easement see the Land Title Act 1994, section 81A.

13   Work on busways and tunnels

(1)Construction, maintenance or repair of a busway or a tunnel for a busway.

(2)In this section—

busway means—

(a)a route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport purposes; and

(b)places for the taking on and letting off of bus passengers using the busway; and

(c)a causeway or culvert in, on, or under a busway that is associated with the busway; and

(d)a structure in, on, or under a busway that is associated with the busway.

14   Work on roads and tunnels

(1)Construction, maintenance or repair of a road or a tunnel for a road.

(2)In this section—

driveway means—

(a)a surface constructed—

(i)on a private property; and

(ii)for the purpose of driving or riding of motor vehicles to or from the property and a road; and

(iii)for which the right to use the surface is restricted to persons with an interest in the property and their invitees; or

(b)a surface constructed—

(i)between the boundary of a private property and that part of a road used for the driving or riding of motor vehicles; and

(ii)for the purpose of driving or riding of motor vehicles to or from the property and the road.

private property includes a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994.

road—

(a)means an area of land—

(i)whether surveyed or unsurveyed, dedicated, notified or declared to be a road for public use; or

(ii)whether surveyed or unsurveyed, taken under an Act, for the purpose of a road for public use; or

(iii)developed, or to be developed, for the public use of driving or riding of motor vehicles; and

(b)includes—

(i)a street, esplanade, highway, pathway, thoroughfare, toll road, track or stock route; and

(ii)a causeway or culvert in, on, or under a road that is associated with the road; and

(iii)a structure in, on, or under a road that is associated with the road; and

(c)does not include a driveway.

15   Work on bikeways and footpaths

(1)Construction, maintenance or repair of a bikeway or footpath or a tunnel for a bikeway or footpath.

(2)In this section—

bikeway—

(a)means a path that has as 1 of its main purposes the public use of the path for riding bicycles; but

(b)does not include a path contained within private property.

footpath—

(a)means a path that has as 1 of its main purposes the public use of the path by pedestrian traffic; but

(b)does not include a path contained within private property.

16   Work on public bridges

Construction, maintenance or repair of a bridge, other than a bridge on private property.

17   Work for railway tracks

Construction, maintenance or repair of railway tracks, signals or associated structures, unless the structures are buildings for residential purposes, or are storage or service facilities.

18   Work for airport runways

Construction, maintenance or repair of airport runways, taxiways and aprons.

19   Work on harbours, wharfs and other maritime structures

Construction, maintenance or repair of harbours, wharfs and other maritime structures, unless the structures are buildings for residential purposes, or are storage or service facilities.

20   Electrical work

Electrical work under the Electrical Safety Act 2002.

21   Work for emergency detection and warning systems

(1)Inspection, testing, installation or general repair by a person who is a licensed electrical mechanic, of a fire detection system, alarm system or emergency warning and communication system for a building.

(2)In this section—

licensed electrical mechanic see the Electrical Safety Act 2002, schedule 2.

22   Work for a dam

Construction, maintenance or repair of a dam.

23   Work for communications for broadcasting

Construction, maintenance or repair of communications installations performed for a public company or other public body engaged in radio or television broadcasting or in some other form of communications business or undertaking.

24   Work for unsupported sign

Construction, maintenance or repair of a sign that does not have a supporting structure.

(a)means facts, concepts or information converted to a form usable for communications, display, distribution, interpretation or processing by electronic and electromechanical processing or electronically controlled equipment; and

(b)includes programs, software and other coded instructions for the equipment.

55   Appliances

(1)This section applies if—

(a)an electrical appliance is supplied as part of the contract for carrying out residential construction work; and

(b)as part of the contract the electrical appliance will not be permanently fixed to any of the following on which the residential construction work is or is proposed to be carried out—

(i)a residence;

(ii)a related roofed building;

(iii)land.

(2)The consumer for the work is not entitled to claim assistance for loss suffered in relation to the electrical appliance.

(3)In this section—

electrical appliance means an instrument, apparatus or device that is connected to an electricity supply by means of a flexible cord plug and socket outlet.

56   Work covered by insurance policy

(1)This section applies if loss suffered in relation to residential construction work is covered by the statutory insurance scheme and an insurance policy.

(2)The consumer for the work is not entitled to claim assistance for the work to the extent the work is covered by the insurance policy.

(3)Subsection (2) applies regardless of whether the consumer makes a claim under the insurance policy.

(4)In this section—

insurance policy does not include cover under the statutory insurance scheme.

57   Release from liability or provision of indemnity

(1)This section applies if a consumer for residential construction work—

(a)releases the licensed contractor who carries out the work, or another person, from liability for all or part of the work; or

(b)indemnifies the licensed contractor who carries out the work, or another person, in relation to all or part of the work.

(2)The consumer is not entitled to claim assistance for the work to the extent the consumer has released the licensed contractor or other person from liability for the work or indemnified the licensed contractor or other person in relation to the work.

58   Access to assess claim

A consumer for residential construction work is not entitled to claim assistance if the consumer unreasonably refuses the commission access to the built work for the purposes of assessing a claim for the work.

59   Defect in work apparent before work substantially complete

A consumer for residential construction work is not entitled to claim assistance in relation to a defect in the work if—

(a)the residential construction work is substantially complete; and

(b)the defect was apparent, or ought reasonably to have been apparent, to the consumer before the work was substantially complete.

60   Work damaged, defective or destroyed before purchase

(1)This section applies if—

(a)a person purchases land, or a manufactured home, on or for which residential construction work has been carried out; and

(b)before completing the contract for the purchase of the land or manufactured home, the person knew or ought reasonably to have known the built work was damaged, defective or destroyed.

(2)The person is not entitled to claim assistance in relation to the following—

(a)the damage, defect or destruction;

(b)any damage resulting from the damage, defect or destruction.

(3)In this section—

land includes a lot or common property in a community titles scheme.

61   Work no longer covered by statutory insurance scheme

(1)This section applies if—

(a)when residential construction work is carried out, the work is covered under the statutory insurance scheme; and

(b)the work is defective or incomplete; and

(c)when a claim for assistance is made, building work carried out on or for the built work would not be covered under the statutory insurance scheme because of section 67WB of the Act.

(2)The consumer for the residential construction work is not entitled to claim assistance for the work.

Example of work for which the consumer is not able to claim assistance—

work on a residence that is converted to a boarding house after the work is carried out but before a claim for assistance is made

62   Cost of delay entering into contract

(1)This section applies if the commission gives a consumer for residential construction work written notice about the approval for a licensed contractor to—

(a)complete residential construction work as mentioned in section 7(1); or

(b)carry out reinstatement work; or

(c)carry out rectification work.

(2)The consumer is not entitled to claim assistance for loss that would not have been suffered if the consumer entered into the contract with the licensed contractor within 28 days after receiving the notice.

63   Work covered by payment in settlement of claim

(1)The commission is not liable to make a payment for a matter the subject of a claim under the statutory insurance scheme relating to residential construction work if the commission has already made a payment for the same matter relating to the work in settlement of the matter.

(2)However, subsection (1) does not apply if—

(a)the payment previously made by the commission was made to a licensed contractor to perform work to rectify the matter; and

(b)the work was carried out in the way approved by the commission but did not rectify the matter.

64   Demolition, rectification or reinstatement without approval

(1)A consumer for residential construction work is not entitled to claim assistance in relation to the work if the consumer does any of the following without the prior written approval of the commission—

(a)demolishes the built work;

(b)rectifies the work;

(c)reinstates the built work.

Note—

See section 67(2).

(2)In this section—

approval does not include the following—

(a)a decision of the commission about the scope of works to be carried out to rectify residential construction work or reinstate built work;

(b)a decision of the commission to grant an application for an owner-builder permit.

Part 6    Claims

65   Claim for assistance

(1)This section prescribes the requirements for section 71C of the Act.

(2)For a claim for assistance mentioned in section 5 or 7, the notice of the claim must include the following—

(a)either—

(i)a copy of the contract for the residential construction work the subject of the claim, including any variations to the contract; or

(ii)if a copy of the contract is not available—written evidence of the existence of a contract for the carrying out of the work, and any variations to the contract;

(b)if the contract for the work is validly terminated as mentioned in section 4(1)(a)—evidence that the contract has been validly terminated;

(c)evidence of all payments made in relation to the work;

(d)a copy of any plans or specifications for the work.

(3)For a claim for assistance mentioned in section 10(2) relating to vandalism or forcible removal of built work, the notice of the claim must include evidence the consumer reported the vandalism or forcible removal to the Queensland Police Service.

(4)If, for a claim for defective work, the consumer is required to give notice under section 66, the notice of the claim must include evidence that the consumer has complied with section 66.

(5)For all claims, the notice of the claim must be in writing and include any other information the commission reasonably requires to decide the claim.

66   Notice of claim to licensed contractor

(1)This section applies if a consumer for residential construction work that is substantially complete decides to make a claim under the statutory insurance scheme in relation to the work.

(2)The consumer must—

(a)serve a notice about the facts and circumstances giving rise to the claim on the licensed contractor who carried out the work; and

(b)give the licensed contractor a reasonable period stated in the notice to rectify the work.

(3)However, subsection (2) does not apply if—

(a)the licensed contractor dies; or

(b)the licensed contractor is a company and the company no longer exists; or

(c)both of the following apply—

(i)the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction;

(ii)the licensed contractor’s licence is cancelled.

(4)The commission must not decide to allow or disallow the claim until after the end of the reasonable period stated in the notice given to the licensed contractor.

(5)This section does not prevent the consumer from making the claim under the statutory insurance scheme before the end of the reasonable period stated in the notice given to the licensed contractor.

67   Direction to rectify before making decision on claim

(1)This section applies if—

(a)the commission is given notice of a claim for assistance; and

(b)the commission is of the opinion the residential construction work the subject of the claim is defective or incomplete.

(2)Before deciding to allow or disallow the claim, the commission must decide whether to give a direction to rectify or remedy the work under section 72 of the Act.

68   Time for complying with direction to end before making decision on claim

(1)This section applies if the commission gives a direction to rectify residential construction work under section 72 of the Act.

(2)The commission must not make a decision to allow or disallow a claim under the statutory insurance scheme in relation to the work until the period for complying with the direction has ended.

(3)However, the commission may make a decision to allow or disallow the claim before the period for complying with the direction has ended if—

(a)the licensed contractor dies; or

(b)the licensed contractor is a company and the company no longer exists; or

(c)both of the following apply—

(i)the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction;

(ii)the licensed contractor’s licence is cancelled.

69   Notice of approval of claim

(1)If the commission decides to allow or disallow a claim under the statutory insurance scheme, the commission must, as soon as practicable after making the decision, give written notice of the decision to—

(a)the person making the claim; and

(b)the licensed contractor who carried out the residential construction work the subject of the claim.

(2)The notice given to the person making the claim must also include the reasons for the decision.

70   Consumer to act in good faith

(1)A consumer for residential construction work has a duty to the commission to act in good faith in relation to a claim for assistance.

Example of acting in good faith—

disclosing to the commission any matter the consumer knows, or ought reasonably to know, is relevant to the commission making a decision on the claim

(2)Subsection (3) applies if the commission makes a payment on a claim under the statutory insurance scheme and the consumer making the claim has not acted in good faith in relation to the claim.

(3)The commission may recover, as a debt, from the consumer the amount by which the payment exceeds the amount the commission would have paid if the consumer had acted in good faith in relation to the claim.

71   Payment of claim for demolishing work

(1)This section applies if the commission allows a claim for assistance mentioned in section 7(3).

(2)The commission must not pay an amount under section 7(3)(b) until the built work the subject of the claim has been demolished.

72   Priority of payment on claim

(1)This section applies if the commission allows a claim for assistance in relation to residential construction work for 2 or more detached dwellings, or a duplex or multiple dwelling, in a community titles scheme.

(2)The commission must pay the claim in the following priority—

(a)firstly, for work for the common property for which the residential construction work the subject of the claim was carried out;

(b)secondly, for any building work reasonably required to be carried out to the detached dwellings, or a residential unit in the duplex or multiple dwelling, as a consequence of the work for the common property;

(c)thirdly, for work for the detached dwellings, or a residential unit in the duplex or multiple dwelling, for which the residential construction work the subject of the claim was carried out.

73   Way of making payment on claim

(1)If the commission allows a claim for assistance, the commission must pay the claim in 1 or more of the following ways decided by the commission—

(a)pay all or part of the claim to the licensed contractor, approved by the commission, who has contracted with the consumer making the claim to—

(i)carry out work the subject of the claim; or

(ii)demolish the built work as mentioned in section 7(3)(a);

(b)pay all or part of the claim to the licensed contractor appointed by the commission to—

(i)carry out work the subject of the claim; or

(ii)demolish the built work as mentioned in section 7(3)(a);

(c)pay all or part of the claim to the consumer making the claim;

(d)if the claim is in relation to work on a building in a community titles scheme and the commission is satisfied the consumer making the claim owes a contribution or levy to the body corporate for the community titles scheme under the Body Corporate and Community Management Act 1997—pay all or part of the claim to the body corporate to the extent necessary to cover the amount owed by the consumer to the body corporate;

(e)if the consumer making the claim is a body corporate and the body corporate gives the commission a signed notice requesting all or part of the claim to be paid to 1 or more lot owners—pay all or part of the claim to 1 or more of the lot owners as stated in the notice.

(2)However, the commission may decide not to make a payment under subsection (1)(a) to a licensed contractor if the consumer—

(a)has a retention amount under the contract for the residential construction work the subject of the claim; and

(b)has not paid the retention amount to the licensed contractor.

(3)In this section—

retention amount, for a contract, means an amount—

(a)payable as part of the contract price that, under the contract, may be withheld from payment to the licensed contractor—

(i)during the progress of the residential construction work the subject of the contract; or

(ii)for a period after the completion of the residential construction work the subject of the contract; or

(iii)both during the progress of the residential construction work the subject of the contract and for a period after the completion of the residential construction work the subject of the contract; and

(b)withheld for the purpose of giving financial protection to the consumer in relation to the need to correct defects in the residential construction work, or otherwise to secure, wholly or partly, the performance of the contract.

74   Payment of claim includes tax

If the commission makes a payment on a claim under the statutory insurance scheme, the payment is inclusive of any tax payable on the amount paid.

Schedule 3 Dictionary

section 3

allowable annual turnover, for an applicant for a licence or a licensee, means the allowable annual turnover calculated for the applicant or licensee under the board’s policies.

annual licence fee ...

ANTA ...

ANTA Act ...

approved authority ...

approved managerial qualification, for an individual applying for a contractor’s or nominee supervisor’s licence, means—

(a)Establish legal and risk management requirements of small business BSBSMB401 provided by a registered training organisation; or

(b)another course provided by a registered training organisation that the commission considers is at least equivalent to the course mentioned in paragraph (a).

builder contractor’s licence means—

(a)a licence of a class mentioned in schedule 2, parts 4 to 10; or

(b)a licence of one of the following continuing classes—

(i)building restricted to alterations and additions;

(ii)building restricted to external finishes;

(iii)building restricted to building removal;

(iv)building restricted to renovations, repairs and maintenance;

(v)building restricted to repairs and maintenance;

(vi)building restricted to non-structural renovations.

building certifier see the Building Act 1975, section 8.

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

built work, for schedule 2C, see schedule 2C, section 2.

certificate of maintenance ...

certify means—

(a)for schedule 2, parts 21 to 30B and schedule 2A—to give advice or a report, including a certificate, stating that a fire protection system complies with Australian and international standards, Building Code of Australia requirements and manufacturer’s specifications after conducting a survey of the system; and

(b)for schedule 2, part 6—to give advice or a report, including a certificate.

class, for a building, means the class for the building under the Building Code of Australia.

common property see the Body Corporate and Community Management Act 1997, section 10.

Commonwealth Games village see the Economic Development Act 2012, section 145(4).

community organisation means an organisation formed to promote the interests of a particular community or community group.

community titles scheme see the Body Corporate and Community Management Act 1997, section 10.

Construction Skills Queensland means BCITF (Qld) Limited ACN 105 495 387 (trading as Construction Skills Queensland).

Construction Training Australia ...

Construction Training Queensland ...

continuing classes see section 43(1).

defective work, for schedule 2C, see schedule 2C, section 14.

defined event, for schedule 2C, see schedule 2C, section 2.

design licence means a licence of a class mentioned in schedule 2, parts 11 to 13 and 35.

detached dwelling means a residence that is a single detached dwelling or manufactured home.

drainer—on-site sewerage facility licence, for schedule 2, part 19A, see schedule 2, part 19A, section 6.

duplex means a building comprising only 2 residential units.

electrical mechanic licence means—

(a)an electrical mechanic licence issued under the Electrical Safety Regulation 2002; or

(b)an electrical contractor licence issued under the Electrical Safety Regulation 2002, if the person the licence was issued to, previously held an electrical mechanic licence.

ends, for a fixed price residential contract, for schedule 2C, see schedule 2C, section 4.

existing licence—

(a)for part 7, division 2, see section 37; or

(b)for part 7, division 4, see section 47; or

(c)for part 7, division 5, see section 54.

fire, for schedule 2C, see schedule 2C, section 2.

fire protection licence means a licence of a class mentioned in schedule 2, parts 21 to 30B and schedule 2A.

fixed price residential contract, for schedule 2C, see schedule 2C, section 3.

forcible removal, of built work, for schedule 2C, see schedule 2C, section 2.

gas system, for schedule 2, part 33, see schedule 2, part 33, section 6.

gas work, for schedule 2, part 33, see schedule 2, part 33, section 6.

gas work authorisation, for schedule 2, part 33, see schedule 2, part 33, section 6.

gas work licence, for schedule 2, part 33, see schedule 2, part 33, section 6.

general repair means a repair other than a repair carried out in connection with the preparation of a record of maintenance.

incomplete work provisions, for schedule 2C, see schedule 2C, section 2.

insolvent, for schedule 2C, see schedule 2C, section 2.

inspect and test, for schedule 2, parts 21 to 30B, schedule 2A and schedule 2B, means—

(a)to inspect by visual examination the components of fire protection systems or equipment to establish correct settings, physical condition or fitness for purpose; and

(b)to test, after inspecting, by the confirmation of correct function or performance of a component or system.

inspection ...

install, for schedule 2, parts 21 to 30B, schedule 2A and schedule 2B, means—

(a)place a fire protection system in position ready for use; or

(b)restore a fire protection system to its original operating specifications; or

(c)alter a fire protection system; or

(d)provide an installer’s statement in relation to the work mentioned in paragraphs (a) to (c).

installer’s statement, for schedule 2, parts 21 to 30B, schedule 2A and schedule 2B, means a statement about the installation of a fire protection system.

insurance information statement, about land or a manufactured home, means a written statement about—

(a)whether cover under the statutory insurance scheme is in force for residential construction work relating to the land or manufactured home; and

(b)if cover under the statutory insurance scheme is in force—whether a claim has been made under the scheme and any amount paid on the claim.

insurance statement ...

interest schedule lot entitlement, for schedule 2C, see the Body Corporate and Community Management Act 1997, section 46.

liability amount, for a consumer for residential construction work, for schedule 2C, see schedule 2C, section 2.

licence fee means the fee payable on application for, or renewal of, a licence.

licensed contractor, for schedule 2C, see schedule 2C, section 2.

living unit, for part 5 and schedule 2C, means a living unit as mentioned in section 26N.

lot, for schedule 2C, see the Body Corporate and Community Management Act 1997, schedule 6.

maintain, for schedule 2, parts 21 to 30B, schedule 2A and schedule 2B, means—

(a)inspect and test a fire protection system and any other fire safety measures to ensure continued operation at their original performance levels and in accordance with any relevant Australian Standards; or

(b)repair or replace defective components to keep a fire protection system in a working order according to original specifications; or

(c)carry out preventative maintenance; or

(d)prepare a maintenance record of the work mentioned in paragraphs (a) to (c).

maintenance ...

maintenance record, for schedule 2, parts 21 to 30B, schedule 2A and schedule 2B, means a record of any maintenance carried out.

manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10.

multiple dwelling—

(a)means a building comprising 2 or more separate residential units; and

(b)does not include a duplex.

national competency standards ...

nationally endorsed ...

national register of assessors ...

passive fire equipment (penetration and joint sealing) ...

preventative maintenance, for schedule 2, parts 21 to 30B, schedule 2A and schedule 2B, means lubrication, cleaning, adjustment and replacement of parts for the purpose of minimising faults or malfunctions of a fire protection system.

prime cost item, for a fixed price residential contract, for schedule 2C, see schedule 2C, section 2.

provisional sum, for a fixed price residential contract, for schedule 2C, see schedule 2C, section 2.

recognition certificate ...

record of maintenance see the Building Fire Safety Regulation 2008, schedule 3.

rectification work, for schedule 2C, see schedule 2C, section 15(1).

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

reinstatement work, for schedule 2C, see schedule 2C, section 10(2).

required competency ...

residential unit ...

Statement ...

statement of attainment ...

storm, for schedule 2C, see schedule 2C, section 2.

structural defect, for primary insurable work, for schedule 2C, see schedule 2C, section 2.

substantially complete, for residential construction work, for schedule 2C, see schedule 2C, section 2.

supporting structure, for a sign, is a structure the main purpose of which is to display the sign, including any structure that is attached to or suspended from a building to allow the sign to be displayed, including, for example, a sign case or other box-type structure, but does not include the building.

survey, for schedule 2, parts 21 to 30B, schedule 2A and schedule 2B, means the visual inspection of a fire protection system to identify if the system has been altered, damaged or compromised.

swimming pool, for schedule 2C, see the Building Act 1975, schedule 2.

technical qualifications document means the document called ‘Technical Qualifications for Licensing’ made by the chief executive and published on the department’s website.

terrorist act, for schedule 2C, see the Police Powers and Responsibilities Act 2000, section 211.

testing ...

trade contractor’s licence means a licence other than a builder contractor’s licence.

Training and Employment Board ...

Training and Employment Recognition Council ...

training package ...

Type A, for construction, means Type A construction under the Building Code of Australia.

Type B, for construction, means Type B construction under the Building Code of Australia.

unit of competency ...

unrestricted electrical contractor licence means an electrical contractor licence under the Electrical Safety Act 2002 that does not include any conditions or restrictions.

vandalism, of built work, for schedule 2C, see schedule 2C, section 2.