Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 1) 2004 (QLD)

Queensland Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 294 made under the Domestic Building Contracts Act 2000 Queensland Building Services Authority Act 1991 Contents Part 1 1 Part 2 2 3 4 5 6 Part 3 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of Queensland Building Services AuthorityRegulation 2003 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Insertion of new s 34B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 34B Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of sch 1A (Board’s policies) . . . . . . . . . . . . . . . . . . . 3 Amendment of sch 2 (Classes of licences and licence requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Domestic Building ContractsRegulation 2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of schedule (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . 6

s1 2 s3 Queensland Building Services Authority and Other No. 294, 2004 Legislation Amendment Regulation (No. 1) 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 1) 2004 . Part 2 Amendment of Queensland Building Services Authority Regulation 2003 2 Regulation amended in pt 2 This part amends the Queensland Building Services AuthorityRegulation 2003. 3 Insertion of new s 34B After section 34A— insert— ‘34B Interest ‘(1) For section 77(2)(c) 1 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.’. 1 Section 77 (Tribunal may decide building dispute (s 93 QBTA)) of the Act

s4 3 s5 Queensland Building Services Authority and Other No. 294, 2004 Legislation Amendment Regulation (No. 1) 2004 4 Amendment of sch 1A (Board’s policies) (1) Schedule 1A, heading— omit, insert— ‘Schedule 1A Board’s policies approved under section 9A of the Act’. (2) Schedule 1A— insert— ‘7 Important Notice to Contractor Repealing Policy 2 made by the board on 16 September 2004’. 5 Amendment of sch 2 (Classes of licences and licence requirements) (1) Schedule 2, part 9, section 3(b)— omit, insert— ‘(b) successful completion of a Diploma in Landscaping RUH 5 04 98, including the following competencies — (i) Operate Within a Budget Framework TRC 4911A; (ii) Cost a Project RTC 4905A; (iii) Establish and Maintain the Enterprise OHS Program RTC 5701A; (iv) Prepare Estimates, Quotes and Tenders RTC 5908A; (v) Negotiate and Monitor Contracts/Commercial Agreements RTE 5920A; (vi) Prepare Budgets and Financial Plans BSBMGT 503A; (vii) Monitor and Manage Business Operations BSBSBM 405A; 2 The policy being repealed was a general policy in force under the Act before the commencement, on 5 May 2003, of the Queensland Building Services Authority andOther Legislation Amendment Act 2003, section 6 . See section 26 of schedule 1 of the Act.

s5 4 s5 Queensland Building Services Authority and Other No. 294, 2004 Legislation Amendment Regulation (No. 1) 2004 (viii) Monitor and Review Business Performance RTE 5906A; (ix) Manage Landscape Projects RTF 5004A; (x) Prepare a Landscape Project Design RTF 5010A;’. (2) Schedule 2, part 15, section 3(a)(ii)— omit, insert— ‘(ii) Certificate III in Furniture (Cabinetmaking) LMF30402 competency Install Furnishing LMFFM3006A;’. Making including Products (3) Schedule 2, part 32, section 3(a)— omit, insert— ‘(a) successful completion of the course Certificate III in Civil Construction (Foundation Work) BCC30403;’. (4) Schedule 2, part 35, section 3(1)(b)— omit, insert— ‘(b) successful completion of the competency Conduct Site Assessment and Design Site Sewage facilities DWM003 from Certificate IV in Domestic Wastewater Management Course 39105 QLD or a competency the authority considers is at least equivalent to the DWM003 competency.’. (5) Schedule 2, part 48, section 3(1)(b)— omit, insert— ‘(b) successful completion of the competency Conduct Site Assessment and Design Site Sewage facilities DWM003 from Certificate IV in Domestic Wastewater Management Course 39105 QLD or a competency the authority considers is at least equivalent to the DWM003 competency.’. (6) Schedule 2, part 51, section 3(a), subparagraphs (i) to (x)— omit, insert— ‘(i) either—

s6 5 s6 Queensland Building Services Authority and Other No. 294, 2004 Legislation Amendment Regulation (No. 1) 2004 (A) Lay Paving RTF 2208A; or (B) Lay Segmental/Unit Paving BCG 3115A; (ii) either— (A) Construct Low Profile Timber or Modular Retaining Walls RTF 2204A; or (B) Implement a Retaining Wall Project RTF 3221A; (iii) Install Drainage System RTE 3603A; (iv) Set Out Site for Construction Work RTF 3217A; (v) Construct Concrete Structures and Features RTF 3204A; (vi) Erect Timber Structures and Features RTC 3206A; (vii) Construct Brick and/or Block Structures and Features RTF 3203A; (viii) Construct Block or Stone Structures and Features RTF 3208A; (ix) Install Metal Structures and Features RTF 3216A; (x) Install Water Features RTF 3216A;’. 6 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition ‘ insurance statement ’— omit. (2) Schedule 3— insert— ‘ insurance information statement , about land, means a written statement about— (a) whether there is a policy of insurance in force under the Act in relation to residential construction work on the land; and (b) if there is a policy in force, whether any claim has been made under the policy and the amount, if any, paid out on the claim.

s7 6 s8 Queensland Building Services Authority and Other No. 294, 2004 Legislation Amendment Regulation (No. 1) 2004 manufactured home see the ManufacturedHomes(Residential Parks) Act 2003 , section 10. 3 ’. (3) Schedule 3, definitions recognition certificate , registered training organisation and Training and Employment Board , ‘ Training and Employment Act 2000 ’— omit, insert— ‘ Vocational Education, Training and Employment Act 2000 ’. Part 3 Amendment of Domestic Building Contracts Regulation 2000 7 Regulation amended in pt 3 This part amends the DomesticBuildingContractsRegulation 2000. 8 Amendment of schedule (Fees) Schedule, item 1, ‘2.00’— omit, insert — ‘2.05’. ENDNOTES 1 Made by the Governor in Council on 16 December 2004. 2 Notified in the gazette on 17 December 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Housing. 3 ManufacturedHomes(ResidentialParks)Act2003 , section 10 (What is a manufactured home )

© State of Queensland 2004