Queensland Building Services Authority Amendment Regulation (No. 2) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 287 Queensland Building Services Authority Act 1991 QUEENSLAND BUILDING SERVICES AUTHORITY AMENDMENT REGULATION (No. 2) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new ss 3A–3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3A Work excluded from the ambit of the definition “building work” (Act, s 4(1)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3B Licenced builder (Act, s 4(1)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Amendment of s 4 (Definitions that apply for the purposes of the Act (s 4(1) of the Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 19A Non-application of Pt 4 of Act to contracts between consumers and certain licensed contractors . . . . . . . . . . . . . . . . . . . 6 7 Replacement of s 20 (Contract for major domestic building work (s 58 of the Act)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 20 Contract for major domestic building work (Act, s 58) . . . . . . . . . . 6 8 Replacement of s 28 (Registration and enforcement of determinations (s 91 of the Act)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 28 Registrar to send copies of determination to party (Act, s 91) . . . . 7 9 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 30A Screen search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Queensland Building Services Authority Amendment (No. 2) No. 287, 1994 10 Amendment of Sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of Sch 2 (Classes of licences and licence requirements) . . . . 7 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 9 CONSEQUENTIAL AMENDMENTS

s1 3 s4 Queensland Building Services Authority Amendment (No. 2) No. 287, 1994 ˙ Short title 1. This regulation may be cited as the Queensland Building Services Authority Amendment Regulation (No. 2) 1994 . ˙ Regulation amended 2. This regulation amends the Queensland Building Services AuthorityRegulation 1992 . ˙ Amendment of s 3 (Interpretation) 3. Section 3, definitions “Building By-laws” and “published policy” — omit. ˙ Insertion of new ss 3A–3B 4. After section 3— insert— ˙ ‘ Work excluded from the ambit of the definition “building work” (Act, s 4(1)) ‘ 3A.(1) The following work is excluded from the ambit of the definition “building work”— (a) anything mentioned in paragraphs (a) to (f) of the definition “building work” if it is for a farm building; (b) work of a value of less than $500, unless the work is within the scope of Schedule 2, Part 7, 9, 10, 26, 27, 28 or 29; (c) the giving of free advice by an organisation the membership of which is drawn wholly or predominantly from the building industry; (d) design work performed, or supervisory services provided, by an architect in the architect’s professional practice; (e) design work performed, or supervisory services provided, by an engineer in the engineer’s professional practice;

s5 4 s5 Queensland Building Services Authority Amendment (No. 2) No. 287, 1994 (f) survey work performed by a licensed surveyor in the surveyor’s professional practice; (g) work performed by the State or an instrumentality or agency of the State (as distinct from work performed for the State or an instrumentality or agency of the State by an independent contractor); (h) work performed by a local government (as distinct from work performed for a local government by an independent contractor); (i) work performed by a charitable or community organisation for its own use, if the Authority agrees that the work can reasonably be excluded from the definition “building work”, given the qualifications and experience of persons who will supervise the work; (j) the construction, extension, repair or replacement of a water reticulation system, sewerage system or stormwater drain, outside the boundaries of private property; (k) the construction, maintenance or repair of a road under the Land Act 1962 ; (l) the construction, maintenance or repair of a bridge (other than a bridge on land in private ownership); (m) the 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); (n) the construction, maintenance or repair of airport runways, taxiways and aprons; (o) the 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); (p) electrical work under the Electricity Act 1976 ; (q) the construction, maintenance or repair of a dam; (r) the 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

s5 5 s5 Queensland Building Services Authority Amendment (No. 2) No. 287, 1994 of communications business or undertaking; (s) the erection of scaffolding; (t) the installation of manufacturing equipment or equipment for hoisting, conveying or transporting materials or products (including primary produce), but excluding the installation of fixed structures providing shelter for the equipment; (u) construction work in mining; (v) hanging of curtains or blinds, or laying of carpets or vinyl, cork or parquetry flooring; (w) work consisting of monumental masonry, sculpture, or the erection or construction of statues, fountains or other works of art (other than work affecting the structure of a building); (x) work consisting of earthmoving and excavating; (y) work performed personally by the owner of the land on which the work is performed if— (i) the value of the work is less than $6 000; or (ii) an approval of a local government for the performance of the work is not required under the Standard Building Law. ‘ (2) The Authority’s agreement under subsection (1)(i) cannot be given so as to exclude from the ambit of the definition “building work” work that would otherwise be residential construction work. ˙ ‘ Licenced builder (Act, s 4(1)) ‘ 3B. A person is a licenced builder under this regulation if the person is the holder of a contractor’s licence for general building or house building.’. ˙ Amendment of s 4 (Definitions that apply for the purposes of the Act (s 4(1) of the Act) 5. Section 4, definition “exempt building work” — omit.

s6 6 s7 Queensland Building Services Authority Amendment (No. 2) No. 287, 1994 ˙ Insertion of new s 19A 6. After section 19— insert— ˙ ‘ Non-application of Pt 4 of Act to contracts between consumers and certain licensed contractors ‘ 19A. A licensed contractor is of a class prescribed for section 56A of the Act if the contractor— (a) holds a licence of 1 of the following classes— (i) residential design/drafting (limited); (ii) residential design/drafting; (iii) building design/drafting (limited); (iv) building design/drafting; and (b) enters into the contract mentioned in section 56A(2) of the Act in the capacity of a person who holds a licence of a class mentioned in paragraph (a).’. ˙ Replacement of s 20 (Contract for major domestic building work (s 58 of the Act)) 7. Section 20— omit, insert — ˙ ‘ Contract for major domestic building work (Act, s 58) ‘ 20.(1) A copy of a contract mentioned in section 58(2)(b) of the Act or a written notice of details of a contract mentioned in section 58(2)(c) of the Act may be given to the appropriate authority as agent for the Authority. ‘ (2) The appropriate authority must send the copy or the written notice to the Authority. ‘ (3) In this section— “appropriate authority” means— (a) the local government in whose area the residential construction work mentioned in section 58(2)(b) or (c) of the Act is to be

s 8 7 s 11 Queensland Building Services Authority Amendment (No. 2) No. 287, 1994 carried out; or (b) a person designated in the Board’s policies as an appropriate authority under this section.’. ˙ Replacement of s 28 (Registration and enforcement of determinations (s 91 of the Act)) 8. Section 28— omit, insert — ˙ ‘ Registrar to send copies of determination to party (Act, s 91) ‘ 28. The registrar of the Tribunal must, on the application of a party in whose favour a determination has been made by the Tribunal, send 2 sealed copies of the determination to the party.’. ˙ Insertion of new s 30A 9. After section 30— insert— ˙ ‘ Screen search ‘ 30A. No fee is payable for a screen search of the particulars in the register about an individual licensee, whether requested over the counter or by telephone.’. ˙ Amendment of Sch 1 (Fees) 10. Schedule 1, item 5(a)— omit . ˙ Amendment of Sch 2 (Classes of licences and licence requirements) 11.(1) Schedule 2, Part 1, clause 2— insert— ‘ (2) The preparation of plans and specifications if the plans and

s 11 8 s 11 Queensland Building Services Authority Amendment (No. 2) No. 287, 1994 specifications are— (a) for the licensee’s personal use; or (b) for use in building work to be performed by the licensee personally.’. (2) Schedule 2, Part 2, clause 2— insert— ‘ (2) All classes of building work if the work is performed as a subcontractor for a person who holds the appropriate licence for the work, other than work for which the person also must be licensed by an entity other than the Authority. ‘ (3) The preparation of plans and specifications if the plans and specifications are— (a) for the licensee’s personal use; or (b) for use in building work to be performed by the licensee personally.’. (3) Schedule 2, Part 29, clause 2, ‘, other than domestic building work,’— omit .

9 Queensland Building Services Authority Amendment (No. 2) No. 287, 1994 ¡ SCHEDULE CONSEQUENTIAL AMENDMENTS section 2 1. Section 4A, heading— omit, insert— ‘ Financial requirements included in Board’s policies ’. 2. Section 4A(1), ‘in a published policy’— omit, insert— ‘in its policies’. 3. Sections 4A(2), 7(1)(b) and (2), 11(1), 13(4) and (5) and 24(1) and Sch 2, Pt 1, cl 5, Pt 2, cl 5, Pts 3 to 25, cl 6 (in each Part) and Pts 26 to 29, cl 4 (in each Part), ‘published policy’— omit, insert — ‘policies’. 4. Sections 14(1)(c), 21(1), 22(2) and 23(3), ‘published policies’ — omit, insert— ‘policies’. 5. Section 23(3), ‘other authority’— omit, insert— ‘other person’.

10 Queensland Building Services Authority Amendment (No. 2) SCHEDULE (continued) No. 287, 1994 6. Schedule 2, Pts 18, 21, 23 and 24, cl 3 (in each Part), ‘by the Authority in its published policy’— omit, insert— ‘in the Board’s policies’. ENDNOTES 1. Made by the Governor in Council on 4 August 1994. 2. Notified in the Gazette on 5 August 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Queensland Building Services Authority. © State of Queensland 1994