Queensland Building Services Authority Amendment Regulation (No. 2) 1999 (Qld)

Queensland Subordinate Legislation 1999 No. 227 Queensland Building Services Authority Act 1991 QUEENSLAND BUILDING SERVICES AUTHORITY AMENDMENT REGULATION (No. 2) 1999 TABLE PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 3A (Work excluded from the ambit of the definition “building work”—Act, s 4(1)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Replacement of ss 4–4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Classification as farm building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4A Value of domestic building work . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4B Classification as residential construction work . . . . . . . . . . . . . . . . . 4 7 Amendment of s 6 (Classes of licence—Act, s 30(2)) . . . . . . . . . . . . . . . . 7 8 Amendment of s 7 (Requirements for contractor’s licence—Act, s 31) . . . 7 9 Omission of s 7A (Approval of alternative qualifications and experience for design/drafting licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of s 9 (Application for a licence—Act, s 33) . . . . . . . . . . . . . 7 11 Amendment of s 11 (Renewal of licence—Act, ss 37 and 38) . . . . . . . . . . 8 12 Amendment of s 12 (Register—Act, s 39(2)(d)) . . . . . . . . . . . . . . . . . . . . . 9 13 Amendment of s 21 (Cost escalation clauses—Act, s 62) . . . . . . . . . . . . . . 9

2 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 14 Replacement of s 23 (Insurance of building work—Act, s 68) . . . . . . . . . . 10 23 Insurance of certain building work—Act, s 68 . . . . . . . . . . . . . . . . . 10 15 Replacement of s 24 (Statutory policy of insurance—Act, s 69) . . . . . . . . 10 24 Statutory policy of insurance—Act, s 69 . . . . . . . . . . . . . . . . . . . . . . 11 16 Replacement of s 31 (Transitional provision) . . . . . . . . . . . . . . . . . . . . . . . . 11 31 How to work out particular matters for insurance premium . . . . . . . 11 32 Transfer from Insurance Fund to General Statutory Fund—Act, s 26(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Amendment of sch 2 (Classes of licences and licence requirements) . . . . 13

s1 3 s6 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 ˙ Short title 1. This regulation may be cited as the Queensland Building Services Authority Amendment Regulation (No. 2) 1999 . ˙ Commencement 2. This regulation commences on 1 October 1999. ˙ Regulation amended 3. This regulation amends the Queensland Building Services AuthorityRegulation 1992 . ˙ Amendment of s 3 (Definitions) 4. Section 3, definitions “former Act” , “major defect” , “minor defect” , “residential construction work endorsement” and “subcontractor’s licence” — omit . ˙ Amendment of s 3A (Work excluded from the ambit of the definition “building work”—Act, s 4(1)) 5.(1) Section 3A(1)(b), ‘$500’— omit, insert— ‘$1 000’. (2) Section 3A(1)(v), ‘, cork or parquetry flooring’— omit. ˙ Replacement of ss 4–4B 6. Sections 4 to 4B— omit, insert—

s6 4 s6 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 ˙ ‘ Classification as farm building ‘ 4. For the definition “farm building” in the Act, a building is of a kind classified as a farm building if— (a) it is constructed on land used wholly or primarily for agricultural or pastoral purposes; and (b) it is used or intended to be used for agricultural or pastoral purposes; and (c) it has a completed value of not more than $25 000; and (d) it is not a home. ˙ ‘ Value of domestic building work ‘ 4A. For the definition “major domestic building work” in the Act, domestic building work of a value exceeding $3 000 is major domestic building work. ˙ ‘ Classification as residential construction work ‘ 4B.(1) For the definition “residential construction work” in the Act, building work is classified as residential construction work if the building work is— (a) relevant building work under subsection (2), (3) or (4); and (b) carried out by a building contractor; and (c) of a value of more than $3 000; and (d) not excluded from being relevant building work under subsection (5) or (6). ‘ (2) Building work is relevant building work if it is— (a) the construction of a residence; or (b) the construction of a roofed building, other than a residence, on the site of a residence or proposed residence, but only if the roofed building is for the purposes of using the residence or proposed residence for residential purposes.

s6 5 s6 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 Example of roofed building for paragraph (b)— A private garage, shed, carport, toilet building or change room on the site of an existing or proposed residence. ‘ (3) Building work is also relevant building work if— (a) it is building work on a residence, or on a roofed building to which subsection (2)(b) applies; and (b) the building work is— (i) the replacement, relocation or extension of part or all of the residence or roofed building in a way affecting any roofs, ceilings, walls, internal partitions, windows, doors, floors or foundations; or (ii) the construction, erection or installation of part or all of the external fabric of the residence or roofed building; or (iii) the replacement or refitting of fixtures or fittings in a bathroom or kitchen of the residence or roofed building. ‘ (4) If building work that is relevant building work under subsection (2) or (3) is carried out under a contract, relevant building work is also— (a) all other building work carried out under the contract on the residence or roofed building the subject of the contract; and (b) if the relevant building work is for a residence, building work on anything on the site of the residence, but only if the building work is for the purposes of using the residence for residential purposes; and (c) if the relevant building work is for a roofed building, building work on the site of the residence or proposed residence for which the roofed building is to be used, but only if the building work is for the purposes of using the residence or proposed residence for residential purposes. ‘ (5) Building work is not relevant building work if it is on, or on the site of, a building or proposed building that is or forms part of any of the following— (a) a multiple dwelling of more than 3 storeys;

s6 6 s6 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 (b) a hostel, boarding house, guest house, lodging house, hotel, motel or backpacker’s accommodation; (c) a correctional centre, prison, reformatory, watch-house or lockup; (d) a hospital, nursing home or other health care building; (e) an orphanage or children’s home; (f) a retirement village under the Retirement Villages Act 1988 ; (g) an educational institution; (h) group accommodation for persons with a physical or mental disability; (i) commercial or industrial premises, if the building or proposed building— (i) also serves the commercial or industrial purpose carried on at the commercial or industrial premises; and (ii) is the only residential unit in the premises. Example of paragraph (i)— A caretaker’s flat on industrial premises constructed for a caretaker responsible for the care or security of the premises or goods on the industrial premises. ‘ (6) Also, building work is not relevant building work if it is carried out by a building contractor for a person— (a) who is the holder of an owner-builder permit covering the work; or (b) who should have obtained an owner-builder permit to carry out the work. ‘ (7) In this section— “residence” means a building or part of a building designed to be used for residential purposes, whether or not it is part of commercial or industrial premises.’.

s 7 7 s 10 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 ˙ Amendment of s 6 (Classes of licence—Act, s 30(2)) 7.(1) Section 6(3), ‘Subject to subsection (4), a’ omit, insert— ‘A’. (2) Section 6(4)— omit. ˙ Amendment of s 7 (Requirements for contractor’s licence—Act, s 31) 8.(1) Section 7(1), from ‘must—’ omit, insert— ‘must have the qualifications and experience set out in schedule 2 for the relevant class of licence.’. (2) Section 7(2) and (3)— omit. ˙ Omission of s 7A (Approval of alternative qualifications and experience for design/drafting licences) 9. Section 7A— omit . ˙ Amendment of s 9 (Application for a licence—Act, s 33) 10.(1) Section 9(1)(c)— omit, insert— ‘(c) must be accompanied by— (i) the documentary evidence of the applicant’s identity, qualifications and experience required by the authority; and (ii) if the application is for a contractor’s licence—the documentary evidence required by the financial requirements stated in the board’s policies; and’.

s 11 8 s 11 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 (2) Section 9(1A)(a)— omit . (3) Section 9(1A)(b) and (c)— renumber as section 9(1A)(a) and (b). ˙ Amendment of s 11 (Renewal of licence—Act, ss 37 and 38) 11.(1) Section 11(1), from ‘licensee’— omit, insert— ‘licensee before the expiry day for the licensee’s licence— (a) a licence renewal notice; and (b) the forms (the “financial requirements forms” ) the authority reasonably requires the licensee to complete about the licensee’s continued satisfaction of the relevant financial requirements stated in the board’s policies.’. (2) Section 11(2)— insert— ‘(c) must state the time by which the completed financial requirements forms must be given to the authority.’. (3) Section 11(3A), from ‘paid’— omit, insert— ‘paid if the licensee is a company and the authority is satisfied the company’s sole object is to conduct training for persons to undertake building work.’. (4) Section 11— insert— ‘ (6) The completed financial requirements forms must be given to the authority by 4.30 p.m. on the last day of the month in which the licence is due to expire.

s 12 9 s 13 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 ‘ (7) However, if the licensee pays the licence fee within the time allowed under subsection (3) but has not given the authority the completed financial requirements forms within the time allowed under subsection (6), the authority may allow the licensee a further 28 days to give the forms. ‘ (8) Subsection (7) and this subsection expire on 30 September 2000.’. ˙ Amendment of s 12 (Register—Act, s 39(2)(d)) 12.(1) Section 12(b)— omit, insert— ‘(b) the number of separate projects involving residential construction work in relation to which the licensee has carried out, or agreed to carry out, building work as a licensee; and’. (c) if the licensee is a company—the full name and business address of each secretary of the company.’. (2) Section 12— insert— ‘ (2) If a person mentioned in subsection (1)(c) does not have a business address, the register must instead contain particulars of the person’s residential address.’. ˙ Amendment of s 21 (Cost escalation clauses—Act, s 62) 13.(1) Section 21(2)(a), after ‘delay’— insert— ‘or be a clause mentioned in subsection (3)’. (2) Section 21— insert— ‘ (3) A cost escalation clause in a domestic building contract entered into before 1 July 2000 may provide for an increase of the contract price for labour and materials supplied under the contract on or after 1 July 2000 in accordance with the formula set out in subsections (4) and (5).

s 14 10 s 15 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 ‘ (4) The formula is that the contract price is to be adjusted for each supply of labour or materials under the contract for the full effect on the price of the supply as a result of the New Tax System changes. ‘ (5) The adjustment must include an increase for the amount of GST payable on each supply of labour or materials made under the contract on or after 1 July 2000 and a reduction to reflect the full effect of the ending of sales tax, and the other changes to indirect taxes, as a result of the New Tax System changes. ‘ (6) In this section— “GST” has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). “New Tax System changes” has the meaning given by the TradePractices Act 1974 , part 5B.’. ˙ Replacement of s 23 (Insurance of building work—Act, s 68) 14. Section 23— omit, insert— ˙ ‘ Insurance of certain building work—Act, s 68 ‘ 23.(1) The insurance premium to be paid by a building contractor under section 68(1) of the Act is stated in schedule 1. ‘ (2) However, no premium is payable by a person for residential construction work to be carried out by the person as a subcontractor. ‘ (3) The insurance premium may be paid to the local government as agent for the authority or to some other person nominated as agent of the authority in the policies of the board.’. ˙ Replacement of s 24 (Statutory policy of insurance—Act, s 69) 15.(1) Section 24— omit, insert—

s 16 11 s 16 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 ˙ ‘ Statutory policy of insurance—Act, s 69 ‘ 24. The policy of insurance mentioned in section 69(2) of the Act is in the terms stated in the board’s policies.’. ˙ Replacement of s 31 (Transitional provision) 16. Section 31— omit, insert— ˙ ‘ How to work out particular matters for insurance premium ‘ 31.(1) This section applies for schedule 1, item 6(b). ‘ (2) A notional price of proposed residential construction work for a residential unit in a multiple dwelling applies if the proposed building work to be carried out under a contract— (a) is the construction of a multiple dwelling; or (b) is to be carried out on more than 1 residential unit of a multiple dwelling. ‘ (3) The notional price of proposed residential construction work for a residential unit in a multiple dwelling to be carried out under a contract is worked out by dividing the total contract price for all residential construction work on, or on the site of, the multiple dwelling by the number of residential units for which residential construction work is to be carried out under the contract. ‘ (4) If a contract for proposed building work applies to both residential construction work and other building work, the total contract price under subsection (3) is worked out by— (a) multiplying the total contract price for all building work under the contract by the total exclusive floor space of the residential construction work under the contract; and (b) then dividing by the total exclusive floor space under the contract. ‘ (5) In this section—

s 17 12 s 17 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 “exclusive floor space” means the area of floor space, other than for car accommodation, covered by a roof and designed to be occupied exclusively by a person. ˙ ‘ Transfer from Insurance Fund to General Statutory Fund—Act, s 26(4) ‘ 32. The maximum amount that may, within any financial year, be transferred from the Insurance Fund to the General Statutory Fund for use by the authority in administering this Act, other than in administering the statutory insurance scheme, is $5 500 000.’. ˙ Amendment of sch 1 (Fees) 17. Schedule 1, items 6 and 7— omit, insert— ‘ 6. Insurance premium payable, subject to items 7 and 8, by a licensed contractor for proposed residential construction work for or on the site of— (a) a single detached dwelling— (i) if the work is to be carried out under a contract—for each $1 000 or part of $1 000 of the contract price for the work . . . . . . . . . . . . . . (ii) if the work is not to be carried out under a contract—for each $1 000 or part of $1 000 of the value of the work . . . . . . . . . . . . . . . . . . . . . (b) 1 or more multiple dwellings— (i) if the work is to be carried out under a contract and a notional price for the proposed residential construction work applies, for each residential unit—for each $1 000 or part of $ 1 000 of the notional price of the work for the unit . . . . . . . . (ii) if the work is to be carried out under a contract and a notional price for the proposed residential construction work does not apply—for each $1 000 or part of $1 000 of the contract price for the work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.50 5.50 5.50 5.50

s 18 13 s 18 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 (iii) if the work is not to be carried out under a contract, for each residential unit—for each $1 000 or part of $ 1 000 of the value of the work for the unit . . . . . . . . . . . . . . . . . . . . . . . . 5.50 7. Minimum premium under item 6(a) or (b) . . . . . . . . . . . 110.00 8. Maximum premium under item 6(a) or (b) . . . . . . . . . . 1 100.00 9. Tribunal application fee . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00’. ˙ Amendment of sch 2 (Classes of licences and licence requirements) 18.(1) Schedule 2, parts 26 to 29, heading, ‘ /DRAFTING ’— omit . (2) Schedule 2, parts 26 to 29, section 1, ‘/drafting’— omit . (3) Schedule 2, part 26, section 3— omit, insert— ‘ Qualifications and experience ‘ 3. The following qualifications and experience— (a) either— (i) certificate IV in residential drafting CN0394 (TAFE); or (ii) advanced diploma of building design CU63 (Central Queensland University); (b) an approved managerial qualification; (c) 3 years practical experience in the work mentioned in clause 2 supervised by a person who has, or is entitled to, a residential design (limited) licence.’. (4) Schedule 2, part 27, section 3— omit, insert— ‘ ˙ Qualifications and experience ‘ 3. The following qualifications and experience— (a) either—

s 18 14 s 18 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 (i) a diploma of architectural drafting CN0395 (TAFE); or (ii) an advanced diploma of building design CU63 (Central Queensland University); (b) an approved managerial qualification; (c) 3 years practical experience in the work mentioned in clause 2 supervised by a person who has, or is entitled to, a residential design licence.’. (5) Schedule 2, part 28, section 3— omit, insert— ‘ ˙ Qualifications and experience ‘ 3. The following qualifications and experience— (a) either— (i) a diploma of architectural drafting CN0395 (TAFE); or (ii) an advanced diploma of building design CU63 (Central Queensland University); (b) an approved managerial qualification; (c) 3 years practical experience in the work mentioned in clause 2 supervised by a person who has, or is entitled to, a building design (limited) licence.’. (6) Schedule 2, part 29, section 3— omit, insert— ‘ ˙ Qualifications and experience ‘ 3. The following qualifications and experience— (a) any of the following— (i) a bachelor of built environment (architectural studies) BN30 (QUT); (ii) a bachelor of building design (Central Queensland University); (iii) an advanced diploma of architectural technology (TAFE);

s 18 15 s 18 Queensland Building Services Authority Amendment (No. 2) No. 227, 1999 (b) an approved managerial qualification; (c) 3 years practical experience in the work mentioned in clause 2 supervised by a person who has, or is entitled to, a building design licence.’. ENDNOTES 1. Made by the Governor in Council on 30 September 1999. 2. Notified in the gazette on 1 October 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Queensland Building Services Authority. © State of Queensland 1999