Queensland Building Services Authority Amendment Regulation (No. 2) 2007 (Qld)

Queensland Queensland Building Services Authority Amendment Regulation (No. 2) 2007 Subordinate Legislation 2007 No. 303 made under the QueenslandBuildingServicesAuthorityAct1991 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 5 (Work that is not building work) . . . . . . . . . . . 3 5 Omission of s 6A (Licensed trade contractor—Act, s 42(12), definition licensed trade contractor) . . . . . . . . . . . . . . . . . . . . . . . 3 6 Omission of s 7 (Classification as farm building) . . . . . . . . . . . . . 3 7 Amendment of s 11 (Meaning of primary building work) . . . . . . . 4 8 Amendment of s 13 (Building work that is not classified as residential construction work). . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Replacement of s 14 (Classes of licence—Act, s 30(2)) . . . . . . . 4 14 Classes of contractor’s licence—Act, s 30(2) . . . . . . . 4 14A Classes of nominee supervisor’s licence—Act, s 30A(3) ................................ 4 14B Classes of site supervisor’s licence—Act, s 30B(3) . . 4 10 Replacement of s 16 (Requirements for supervisor’s licence—Act, s 32) ............................... 5 16 Requirements for nominee supervisor’s licence—Act, s 32(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 16A Requirements for site supervisor’s licence—Act, s 32AA(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 11 Amendment of s 17 (Application for a licence—Act, s 33) . . . . . . 5 12 Replacement of s 18 (Renewal of licence) . . . . . . . . . . . . . . . . . . 6 18 Renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Omission of s 20 (Building work that may be carried out under permit—Act, s 44). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Replacement of s 21 (Application for owner-builder permits—Act, s 44) ............................... 6 21 Prescribed course—Act, s 43D, definition owner-builder course . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Omission of s 23 (Insurance premium for residential construction work—Act, s 68). . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 Amendment of s 33 (Particulars in register—Act, s 39(2)(d)). . . . 7 17 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 Amendment of sch 2 (Classes of licences and licence requirements) ................................... 7 19 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s6 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 1 Short title This regulation may be cited as the Queensland Building Services Authority Amendment Regulation (No. 2) 2007 . 2 Commencement This regulation commences on 21 December 2007. 3 Regulation amended This regulation amends the QueenslandBuildingServicesAuthority Regulation 2003. 4 Amendment of s 5 (Work that is not building work) Section 5(5)— insert— ‘ 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 $27500; and (d) that is not a residence.’. 5 Omission of s 6A (Licensed trade contractor—Act, s 42(12), definition licensed trade contractor ) Section 6A— omit. 6 Omission of s 7 (Classification as farm building) Section 7— omit .

s7 4 s9 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 7 Amendment of s 11 (Meaning of primary building work ) Section 11(1)(a), ‘under a contract’— omit. 8 Amendment of s 13 (Building work that is not classified as residential construction work) (1) Section 13, ‘Each’— omit, insert — ‘(1) Each’. (2) Section 13(1)(b), as renumbered— omit, insert— ‘(b) building work carried out by a building contractor for a person who is the holder of an owner-builder permit covering the work; or’. 9 Replacement of s 14 (Classes of licence—Act, s 30(2)) Section 14— omit, insert— ‘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.’.

s 10 5 s 11 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 10 Replacement of s 16 (Requirements for supervisor’s licence—Act, s 32) Section 16— omit, insert— ‘16 Requirements for nominee supervisor’s licence—Act, s 32(1)(a) ‘For section 32(1)(a) of the Act, the qualifications and experience for a nominee supervisor’s licence are the technical qualifications 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.’. 11 Amendment of s 17 (Application for a licence—Act, s 33) Section 17(1)(b)(i) to (iii)— omit, insert— ‘(i) for an application for a contractor’s or nominee supervisor’s licence—the documentary evidence, satisfactory to the authority, 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 authority, 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 and annual licence fee specified in schedule 1.’.

s 12 6 s 14 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 12 Replacement of s 18 (Renewal of licence) Section 18— omit, insert— ‘18 Renewal of licence ‘(1) For section 37B(2) of the Act, the annual 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 annual licence fee for a renewal of a licence is waived if— (a) the licensee is a company; and (b) the authority is satisfied the company’s main object is to conduct training for persons to undertake building work.’. 13 Omission of s 20 (Building work that may be carried out under permit—Act, s 44) Section 20— omit. 14 Replacement of s 21 (Application for owner-builder permits—Act, s 44) Section 21— omit, insert— ‘21 Prescribed course—Act, s 43D, definition owner-builder course ‘For section 43D, definition owner-builder course , the course prescribed is the Course in Preparation for Owner Builder Permit 39219QLD or a course the authority considers is at least equivalent to that course.’.

s 15 7 s 18 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 15 Omission of s 23 (Insurance premium for residential construction work—Act, s 68) Section 23— omit. 16 Amendment of s 33 (Particulars in register—Act, s 39(2)(d)) Section 33, ‘39(2)(d)’— omit, insert— ‘99(2)(d)’. 17 Amendment of sch 1 (Fees) (1) Schedule 1, authorising section, ‘17(1)(b)(iii)’— omit, insert— ‘17(1)(b)(iv)’. (2) Schedule 1, items 1(a)(ii) and 2(a)(ii), before ‘supervisor’s’— insert— ‘nominee or site’. 18 Amendment of sch 2 (Classes of licences and licence requirements) (1) Schedule 2, part 4— insert— ‘3A Technical qualifications for site supervisor’s licence ‘Any 1 of the following— (a) the technical qualifications stated in section 3; (b) successful completion of the following competencies— (i) Apply building codes and standards to the construction process for low-rise building projects BCGBC4001A;

s 18 8 s 18 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 (ii) Manage occupational health and safety in the building and construction workplace BCGBC4002A; (iii) Plan building or construction work BCGBC4007A; (iv) Conduct on-site supervision of the building and construction project BCGBC4008A; (v) Apply legal requirements to building and construction projects BCGBC4009A; (vi) Apply structural principles to residential low-rise constructions BCGBC4010A; (vii) Apply structural principles to commercial low-rise constructions BCGBC4011A; (viii) Read and interpret plans and specifications BCGBC4012A; (ix) Apply site surveys and set out procedures to building and construction projects BCGBC4018A; (x) Lead work teams BSBFLM404A; (c) successful completion of a course or competencies of a course the authority considers is at least equivalent to a course mentioned in paragraph (b).’. (2) Schedule 2, part 5— insert— ‘3A Technical qualifications for site supervisor’s licence ‘Any 1 of the following— (a) the technical qualifications stated in section 3; (b) successful completion of the following competencies— (i) Apply building codes and standards to the construction process for medium-rise building projects BCGBC5001A; (ii) Supervise and apply quality standards to the selection of building and construction materials BCGBC5004A;

s 18 9 s 18 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 (iii) Select and manage building and construction contractors BCGBC5005A; (iv) Apply site surveys and set out procedures to medium-rise building projects BCGBC5006A; (v) Apply structural principles to the construction of medium-rise buildings BCGBC5008A; (vi) Identify services layout and connection methods to medium-rise construction projects BCGBC5009A; (vii) Manage construction BCGBC5010A; work projects (c) successful completion of a course or competencies of a course the authority considers is at least equivalent to a course mentioned in paragraph (b).’. (3) Schedule 2, part 6— insert— ‘3A Technical qualifications for site supervisor’s licence ‘Any 1 of the following— (a) the technical qualifications stated in section 3; (b) successful completion of the following competencies— (i) Apply building codes and standards to the construction process for large building projects BCGBC6001A; (ii) Manage the processes for legal obligations of a building or construction contract BCGBC6004A; (iii) Apply structural principles to the construction of large, high rise and complex buildings BCGBC6014A; (iv) Assess construction faults in large building projects BCGBC6016A; (c) successful completion of a course or competencies of a course the authority considers is at least equivalent to a course mentioned in paragraph (b).’. (4) Schedule 2, part 51A, heading, after ‘maintenance’—

s 19 10 s 19 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 insert— ‘ licence ’. 19 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions annual licence fee , ANTA , ANTA Act , Construction Training Australia , national competency standards, national register of assessors, registered training organisation, Statement and statement of attainment — omit. (2) Schedule 3— insert— ‘ annual licence fee means the fee payable annually on application for, or renewal of, a licence. national competency standards means a unit of competency from a nationally endorsed training package. nationally endorsed , for a training package, see VocationalEducation, Training and Employment Act 2000 , section 19. registered training organisation see the VocationalEducation, Training and Employment Act 2000 , section 19. training package see VocationalEducation,TrainingandEmployment Act 2000 , section 19. statement of attainment , for a class of licence, means— (a) a written statement by an approved authority that a person has a required competency for the class of licence; or (b) a statement of attainment under the VocationalEducation, Training and Employment Act 2000 . unit of competency see VocationalEducation,TrainingandEmployment Act 2000 , section 19.’. (3) Schedule 3, definition approved authority , paragraph (b)— omit, insert— ‘(b) Construction Training Queensland; or

s 19 11 s 19 Queensland Building Services Authority Amendment No. 303, 2007 Regulation (No. 2) 2007 (c) another entity delegated power to issue a recognition certificate under the Vocational Education, Training andEmployment Act 2000 , section 182.’. (4) Schedule 3, definition builder contractor’s licence , paragraph (b)— omit. (5) Schedule 3, definition builder contractor’s licence , paragraph (c)— renumber as paragraph (b). (6) Schedule 3, definition required competency , ‘competencies, or modules of courses’— omit, insert— ‘units of competency or modules’. ENDNOTES 1 Made by the Governor in Council on 6 December 2007. 2 Notified in the gazette on 7 December 2007. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Housing. © State of Queensland 2007