{"id":"qld:act-2018-017","name":"Plumbing and Drainage Act 2018","slug":"plumbing-and-drainage-act-2018","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"17 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174714,"registerId":"qld-qld:act-2018-017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Plumbing and Drainage Act 2018 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than the following provisions, commences on a day to be fixed by proclamation—\npart 9 , division 1A , other than section 176F (2)\nsections 192A to 192K , 193A to 193G and 196 (3) to (6)\nschedule 2 , amendments of the Building Industry Fairness (Security of Payment) Act 2017 .\nThe Acts Interpretation Act 1954 , section 15DA does not apply to part 9 , division 3 .\n(sec.2-ssec.1) This Act, other than the following provisions, commences on a day to be fixed by proclamation— part 9 , division 1A , other than section 176F (2) sections 192A to 192K , 193A to 193G and 196 (3) to (6) schedule 2 , amendments of the Building Industry Fairness (Security of Payment) Act 2017 .\n(sec.2-ssec.2) The Acts Interpretation Act 1954 , section 15DA does not apply to part 9 , division 3 .\n- • part 9 , division 1A , other than section 176F (2)\n- • sections 192A to 192K , 193A to 193G and 196 (3) to (6)\n- • schedule 2 , amendments of the Building Industry Fairness (Security of Payment) Act 2017 .","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to regulate the carrying out of plumbing or drainage work in a way that reduces risks to—\npublic health and safety; and\nthe environment.\nThe main purpose of this Act is to be achieved primarily by—\nestablishing a licensing scheme to ensure all plumbing or drainage work, other than unregulated work, is carried out by persons who are qualified to carry out the work; and\nrequiring plumbing or drainage work to be carried out in compliance with the code requirements for the work; and\nestablishing a framework for approving particular plumbing or drainage work and particular treatment plants.\n(sec.3-ssec.1) The main purpose of this Act is to regulate the carrying out of plumbing or drainage work in a way that reduces risks to— public health and safety; and the environment.\n(sec.3-ssec.2) The main purpose of this Act is to be achieved primarily by— establishing a licensing scheme to ensure all plumbing or drainage work, other than unregulated work, is carried out by persons who are qualified to carry out the work; and requiring plumbing or drainage work to be carried out in compliance with the code requirements for the work; and establishing a framework for approving particular plumbing or drainage work and particular treatment plants.\n- (a) public health and safety; and\n- (b) the environment.\n- (a) establishing a licensing scheme to ensure all plumbing or drainage work, other than unregulated work, is carried out by persons who are qualified to carry out the work; and\n- (b) requiring plumbing or drainage work to be carried out in compliance with the code requirements for the work; and\n- (c) establishing a framework for approving particular plumbing or drainage work and particular treatment plants.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":5},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Categories of plumbing or drainage work","content":"### sec.6 Categories of plumbing or drainage work\n\nPlumbing or drainage work consists of the following categories of work—\npermit work;\nnotifiable work;\nminor work;\nunregulated work.\nPermit work is plumbing or drainage work prescribed by regulation as permit work.\nNotifiable work is plumbing or drainage work prescribed by regulation as notifiable work.\nMinor work is plumbing or drainage work prescribed by regulation as minor work.\nUnregulated work is plumbing or drainage work prescribed by regulation as unregulated work.\n(sec.6-ssec.1) Plumbing or drainage work consists of the following categories of work— permit work; notifiable work; minor work; unregulated work.\n(sec.6-ssec.2) Permit work is plumbing or drainage work prescribed by regulation as permit work.\n(sec.6-ssec.3) Notifiable work is plumbing or drainage work prescribed by regulation as notifiable work.\n(sec.6-ssec.4) Minor work is plumbing or drainage work prescribed by regulation as minor work.\n(sec.6-ssec.5) Unregulated work is plumbing or drainage work prescribed by regulation as unregulated work.\n- (a) permit work;\n- (b) notifiable work;\n- (c) minor work;\n- (d) unregulated work.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"The Queensland Plumbing and Wastewater Code","content":"### sec.7 The Queensland Plumbing and Wastewater Code\n\nThe Queensland Plumbing and Wastewater Code is the document called ‘Queensland Plumbing and Wastewater Code’ made by the chief executive and published on the department’s website, as amended from time to time.\nThe Queensland Plumbing and Wastewater Code does not take effect under this Act until it is approved by regulation.\n(sec.7-ssec.1) The Queensland Plumbing and Wastewater Code is the document called ‘Queensland Plumbing and Wastewater Code’ made by the chief executive and published on the department’s website, as amended from time to time.\n(sec.7-ssec.2) The Queensland Plumbing and Wastewater Code does not take effect under this Act until it is approved by regulation.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"The Plumbing Code of Australia","content":"### sec.8 The Plumbing Code of Australia\n\nThe Plumbing Code of Australia is the document in force from time to time called ‘National Construction Code, volume 3—Plumbing Code of Australia’ published by the Australian Building Codes Board.\n(sec.8-ssec) The Plumbing Code of Australia is the document in force from time to time called ‘National Construction Code, volume 3—Plumbing Code of Australia’ published by the Australian Building Codes Board.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Code requirements","content":"### sec.9 Code requirements\n\nThe code requirements , for plumbing or drainage work, are the requirements about the plumbing or drainage work under—\nthe Queensland Plumbing and Wastewater Code; and\na provision of the Plumbing Code of Australia prescribed by regulation; and\na part of the Queensland Development Code prescribed by regulation; and\nthe local laws of a local government relating to plumbing or drainage that are not inconsistent with this Act.\nIf the Queensland Plumbing and Wastewater Code is inconsistent with a provision of the Plumbing Code of Australia or a part of the Queensland Development Code prescribed under subsection (1) , the Queensland Plumbing and Wastewater Code prevails to the extent of the inconsistency.\nIf a provision of the Plumbing Code of Australia is inconsistent with a part of the Queensland Development Code prescribed under subsection (1) , the part prevails to the extent of the inconsistency.\nA regulation may prescribe how plumbing or drainage work, or a plan for plumbing or drainage work, can comply with the code requirements for the work.\n(sec.9-ssec.1) The code requirements , for plumbing or drainage work, are the requirements about the plumbing or drainage work under— the Queensland Plumbing and Wastewater Code; and a provision of the Plumbing Code of Australia prescribed by regulation; and a part of the Queensland Development Code prescribed by regulation; and the local laws of a local government relating to plumbing or drainage that are not inconsistent with this Act.\n(sec.9-ssec.2) If the Queensland Plumbing and Wastewater Code is inconsistent with a provision of the Plumbing Code of Australia or a part of the Queensland Development Code prescribed under subsection (1) , the Queensland Plumbing and Wastewater Code prevails to the extent of the inconsistency.\n(sec.9-ssec.3) If a provision of the Plumbing Code of Australia is inconsistent with a part of the Queensland Development Code prescribed under subsection (1) , the part prevails to the extent of the inconsistency.\n(sec.9-ssec.4) A regulation may prescribe how plumbing or drainage work, or a plan for plumbing or drainage work, can comply with the code requirements for the work.\n- (a) the Queensland Plumbing and Wastewater Code; and\n- (b) a provision of the Plumbing Code of Australia prescribed by regulation; and\n- (c) a part of the Queensland Development Code prescribed by regulation; and\n- (d) the local laws of a local government relating to plumbing or drainage that are not inconsistent with this Act.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"References to plumbing or drainage work","content":"### sec.10 References to plumbing or drainage work\n\nIn this Act, a reference to plumbing or drainage work is taken to include plumbing or drainage that results from, or is affected by, the plumbing or drainage work, to the extent the context permits.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"References to local governments","content":"### sec.11 References to local governments\n\nFor administering this Act within an area, a reference in this Act to a local government is taken to be a reference to the entity administering this Act within the area under section 135 .","sortOrder":13},{"sectionNumber":"pt.2","sectionType":"part","heading":"Licensing","content":"# Licensing","sortOrder":14},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Classes of licences","content":"## Classes of licences","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Classes of licences","content":"### sec.12 Classes of licences\n\nThe commissioner may grant—\na plumbers licence; or\na drainers licence; or\na restricted licence.\nThe commissioner may grant a provisional licence for each class of licence mentioned in subsection (1) .\nThe commissioner may make an endorsement on a licence under section 25 .\n(sec.12-ssec.1) The commissioner may grant— a plumbers licence; or a drainers licence; or a restricted licence.\n(sec.12-ssec.2) The commissioner may grant a provisional licence for each class of licence mentioned in subsection (1) .\n- (a) a plumbers licence; or\n- (b) a drainers licence; or\n- (c) a restricted licence.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Work that may be carried out under licences","content":"### sec.13 Work that may be carried out under licences\n\nThe holder of a plumbers licence may carry out only the plumbing work for which the licence is granted.\nThe holder of a drainers licence may carry out only the drainage work for which the licence is granted.\nThe holder of a restricted licence may carry out only the plumbing or drainage work for which the licence is granted.\nThe holder of a provisional licence may carry out only the plumbing or drainage work for which the licence is granted.\nThe scope of work for a particular class of licence is the scope of work prescribed by regulation for the licence.\nThis section is subject to section 25 .\n(sec.13-ssec.1) The holder of a plumbers licence may carry out only the plumbing work for which the licence is granted.\n(sec.13-ssec.2) The holder of a drainers licence may carry out only the drainage work for which the licence is granted.\n(sec.13-ssec.3) The holder of a restricted licence may carry out only the plumbing or drainage work for which the licence is granted.\n(sec.13-ssec.4) The holder of a provisional licence may carry out only the plumbing or drainage work for which the licence is granted.\n(sec.13-ssec.5) The scope of work for a particular class of licence is the scope of work prescribed by regulation for the licence.\n(sec.13-ssec.6) This section is subject to section 25 .","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Granting licences","content":"## Granting licences","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Qualifications and practical experience required for licence","content":"### sec.14 Qualifications and practical experience required for licence\n\nThe chief executive must—\ndecide the qualifications and practical experience that an individual must have to be granted a licence; and\npublish on the department’s website the required qualifications and practical experience for the licence.\ns 14 amd 2024 No. 14 s 56\n- (a) decide the qualifications and practical experience that an individual must have to be granted a licence; and\n- (b) publish on the department’s website the required qualifications and practical experience for the licence.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Entitlement to licence","content":"### sec.15 Entitlement to licence\n\nAn individual is entitled to a licence if, on application by the individual, the commissioner is satisfied the individual has the qualifications and practical experience for the licence.\nHowever, the individual is not entitled to a licence if—\nthe individual holds an interstate or New Zealand licence that is suspended; or\nthe individual—\nheld an interstate or New Zealand licence that was cancelled; and\ndoes not hold an interstate or New Zealand licence that is in force.\n(sec.15-ssec.1) An individual is entitled to a licence if, on application by the individual, the commissioner is satisfied the individual has the qualifications and practical experience for the licence.\n(sec.15-ssec.2) However, the individual is not entitled to a licence if— the individual holds an interstate or New Zealand licence that is suspended; or the individual— held an interstate or New Zealand licence that was cancelled; and does not hold an interstate or New Zealand licence that is in force.\n- (a) the individual holds an interstate or New Zealand licence that is suspended; or\n- (b) the individual— (i) held an interstate or New Zealand licence that was cancelled; and (ii) does not hold an interstate or New Zealand licence that is in force.\n- (i) held an interstate or New Zealand licence that was cancelled; and\n- (ii) does not hold an interstate or New Zealand licence that is in force.\n- (i) held an interstate or New Zealand licence that was cancelled; and\n- (ii) does not hold an interstate or New Zealand licence that is in force.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application for licence","content":"### sec.16 Application for licence\n\nAn application for a licence must—\nbe made to the commissioner; and\nbe in the approved form; and\nbe accompanied by—\nevidence of the applicant’s qualifications and practical experience; and\nthe fee prescribed by regulation; and\nif the applicant is licensed by an interstate or New Zealand licensing authority—written details of any conditions of the licence.\nAn application for a licence and an application for an endorsement on a licence may be made at the same time. See section 27 .\n- (a) be made to the commissioner; and\n- (b) be in the approved form; and\n- (c) be accompanied by— (i) evidence of the applicant’s qualifications and practical experience; and (ii) the fee prescribed by regulation; and (iii) if the applicant is licensed by an interstate or New Zealand licensing authority—written details of any conditions of the licence.\n- (i) evidence of the applicant’s qualifications and practical experience; and\n- (ii) the fee prescribed by regulation; and\n- (iii) if the applicant is licensed by an interstate or New Zealand licensing authority—written details of any conditions of the licence.\n- (i) evidence of the applicant’s qualifications and practical experience; and\n- (ii) the fee prescribed by regulation; and\n- (iii) if the applicant is licensed by an interstate or New Zealand licensing authority—written details of any conditions of the licence.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Inquiry about applicant","content":"### sec.17 Inquiry about applicant\n\nThe commissioner may investigate an applicant, including whether or not the applicant has been convicted of an offence against this Act or the repealed Act.\nThe commissioner may, by notice given to the applicant within 20 business days after the commissioner receives the application, require the applicant within a reasonable period of at least 20 business days stated in the notice—\nto give the commissioner the further information the commissioner reasonably requires to decide the application; and\nto undergo a written, oral or practical examination at a reasonable place to assess the applicant’s ability to competently practise the plumbing and drainage trade.\nThe commissioner may require the information mentioned in subsection (2) (a) to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the notice within the stated period.\n(sec.17-ssec.1) The commissioner may investigate an applicant, including whether or not the applicant has been convicted of an offence against this Act or the repealed Act.\n(sec.17-ssec.2) The commissioner may, by notice given to the applicant within 20 business days after the commissioner receives the application, require the applicant within a reasonable period of at least 20 business days stated in the notice— to give the commissioner the further information the commissioner reasonably requires to decide the application; and to undergo a written, oral or practical examination at a reasonable place to assess the applicant’s ability to competently practise the plumbing and drainage trade.\n(sec.17-ssec.3) The commissioner may require the information mentioned in subsection (2) (a) to be verified by a statutory declaration.\n(sec.17-ssec.4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice within the stated period.\n- (a) to give the commissioner the further information the commissioner reasonably requires to decide the application; and\n- (b) to undergo a written, oral or practical examination at a reasonable place to assess the applicant’s ability to competently practise the plumbing and drainage trade.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Extending decision period for application","content":"### sec.18 Extending decision period for application\n\nThis section applies if the commissioner needs to extend the decision period for an application for a licence because of the complexity of the issues that must be considered in deciding the application.\nan application requiring the commissioner to obtain and consider information about the applicant from a foreign licensing authority\nThe commissioner may at any time before the end of the decision period give notice to the applicant that—\nbecause of the complexity of the issues that must be considered in deciding the application, the commissioner needs to extend the decision period; and\nthe period within which the commissioner must decide the application is extended to a stated day that is 20 business days after the end of the decision period.\nAlso, the applicant and commissioner may, at any time before the end of the decision period for the application, agree in writing on a day by which the application must be decided.\nIn this section—\ndecision period , for an application for a licence, means 20 business days after the commissioner receives—\nif the applicant was required to give information under section 17 (2) (a) —the information; or\nif the applicant was required to undergo an examination under section 17 (2) (b) —the results of the examination; or\notherwise—the application.\n(sec.18-ssec.1) This section applies if the commissioner needs to extend the decision period for an application for a licence because of the complexity of the issues that must be considered in deciding the application. an application requiring the commissioner to obtain and consider information about the applicant from a foreign licensing authority\n(sec.18-ssec.2) The commissioner may at any time before the end of the decision period give notice to the applicant that— because of the complexity of the issues that must be considered in deciding the application, the commissioner needs to extend the decision period; and the period within which the commissioner must decide the application is extended to a stated day that is 20 business days after the end of the decision period.\n(sec.18-ssec.3) Also, the applicant and commissioner may, at any time before the end of the decision period for the application, agree in writing on a day by which the application must be decided.\n(sec.18-ssec.4) In this section— decision period , for an application for a licence, means 20 business days after the commissioner receives— if the applicant was required to give information under section 17 (2) (a) —the information; or if the applicant was required to undergo an examination under section 17 (2) (b) —the results of the examination; or otherwise—the application.\n- (a) because of the complexity of the issues that must be considered in deciding the application, the commissioner needs to extend the decision period; and\n- (b) the period within which the commissioner must decide the application is extended to a stated day that is 20 business days after the end of the decision period.\n- (a) if the applicant was required to give information under section 17 (2) (a) —the information; or\n- (b) if the applicant was required to undergo an examination under section 17 (2) (b) —the results of the examination; or\n- (c) otherwise—the application.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Deciding application","content":"### sec.19 Deciding application\n\nThe commissioner must consider an application for a licence and decide to—\ngrant the licence; or\ngrant a provisional licence for the class of licence applied for; or\nrefuse to grant a licence.\nThe commissioner may grant a provisional licence to the applicant only if—\nthe commissioner reasonably believes the applicant needs more practical experience before being granted the licence applied for; or\nthe commissioner reasonably believes the applicant does not have the qualifications required under section 15 (1) , but does have enough practical experience to be able to carry out work under the provisional licence; or\nthe applicant holds a corresponding licence; or\nthe commissioner reasonably believes the applicant has the qualifications and practical experience required under section 15 (1) , but requires evidence, or further evidence, of the qualifications and experience to be given to the commissioner.\nIf, at the end of the decision period for the application, the commissioner has failed to decide the application, the failure is taken to be a decision to refuse to grant a licence.\nIn this section—\ncorresponding licence means—\nan interstate or New Zealand licence; or\na licence, however called, issued in another country, that authorises the applicant to carry out the work to which the application relates.\ndecision period , for an application for a licence, means—\nif there is no extended period or agreed day for deciding the application under section 18 —20 business days after the commissioner receives—\nif the applicant was required to give information under section 17 (2) (a) —the information; or\nif the applicant was required to undergo an examination under section 17 (2) (b) —the results of the examination; or\notherwise—the application; or\nif there is an extended period or agreed day for deciding the application under section 18 —the extended period or the period ending on the agreed day.\n(sec.19-ssec.1) The commissioner must consider an application for a licence and decide to— grant the licence; or grant a provisional licence for the class of licence applied for; or refuse to grant a licence.\n(sec.19-ssec.2) The commissioner may grant a provisional licence to the applicant only if— the commissioner reasonably believes the applicant needs more practical experience before being granted the licence applied for; or the commissioner reasonably believes the applicant does not have the qualifications required under section 15 (1) , but does have enough practical experience to be able to carry out work under the provisional licence; or the applicant holds a corresponding licence; or the commissioner reasonably believes the applicant has the qualifications and practical experience required under section 15 (1) , but requires evidence, or further evidence, of the qualifications and experience to be given to the commissioner.\n(sec.19-ssec.3) If, at the end of the decision period for the application, the commissioner has failed to decide the application, the failure is taken to be a decision to refuse to grant a licence.\n(sec.19-ssec.4) In this section— corresponding licence means— an interstate or New Zealand licence; or a licence, however called, issued in another country, that authorises the applicant to carry out the work to which the application relates. decision period , for an application for a licence, means— if there is no extended period or agreed day for deciding the application under section 18 —20 business days after the commissioner receives— if the applicant was required to give information under section 17 (2) (a) —the information; or if the applicant was required to undergo an examination under section 17 (2) (b) —the results of the examination; or otherwise—the application; or if there is an extended period or agreed day for deciding the application under section 18 —the extended period or the period ending on the agreed day.\n- (a) grant the licence; or\n- (b) grant a provisional licence for the class of licence applied for; or\n- (c) refuse to grant a licence.\n- (a) the commissioner reasonably believes the applicant needs more practical experience before being granted the licence applied for; or\n- (b) the commissioner reasonably believes the applicant does not have the qualifications required under section 15 (1) , but does have enough practical experience to be able to carry out work under the provisional licence; or\n- (c) the applicant holds a corresponding licence; or\n- (d) the commissioner reasonably believes the applicant has the qualifications and practical experience required under section 15 (1) , but requires evidence, or further evidence, of the qualifications and experience to be given to the commissioner.\n- (a) an interstate or New Zealand licence; or\n- (b) a licence, however called, issued in another country, that authorises the applicant to carry out the work to which the application relates.\n- (a) if there is no extended period or agreed day for deciding the application under section 18 —20 business days after the commissioner receives— (i) if the applicant was required to give information under section 17 (2) (a) —the information; or (ii) if the applicant was required to undergo an examination under section 17 (2) (b) —the results of the examination; or (iii) otherwise—the application; or\n- (i) if the applicant was required to give information under section 17 (2) (a) —the information; or\n- (ii) if the applicant was required to undergo an examination under section 17 (2) (b) —the results of the examination; or\n- (iii) otherwise—the application; or\n- (b) if there is an extended period or agreed day for deciding the application under section 18 —the extended period or the period ending on the agreed day.\n- (i) if the applicant was required to give information under section 17 (2) (a) —the information; or\n- (ii) if the applicant was required to undergo an examination under section 17 (2) (b) —the results of the examination; or\n- (iii) otherwise—the application; or","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Imposing conditions on licence","content":"### sec.20 Imposing conditions on licence\n\nThe commissioner may grant a licence on the conditions the commissioner considers necessary or desirable for the licensee to competently practise the plumbing and drainage trade.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.21 Steps to be taken after application decided\n\nIf the commissioner decides to grant a licence to an applicant, the commissioner must as soon as practicable issue a licence to the applicant.\nSubsection (3) applies if the commissioner decides to—\ngrant a licence on conditions; or\ngrant a provisional licence; or\nrefuse to grant a licence.\nThe commissioner must give the applicant an information notice about the decision as soon as practicable after making the decision.\nFor reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .\nIf the commissioner grants a licence on conditions, the information notice must also state the non-review period for the conditions.\nIf the commissioner decides to refuse to grant a licence or the application is withdrawn, the commissioner must refund the application fee paid, less the amount of the cost to the commissioner of processing the application.\n(sec.21-ssec.1) If the commissioner decides to grant a licence to an applicant, the commissioner must as soon as practicable issue a licence to the applicant.\n(sec.21-ssec.2) Subsection (3) applies if the commissioner decides to— grant a licence on conditions; or grant a provisional licence; or refuse to grant a licence.\n(sec.21-ssec.3) The commissioner must give the applicant an information notice about the decision as soon as practicable after making the decision. For reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .\n(sec.21-ssec.4) If the commissioner grants a licence on conditions, the information notice must also state the non-review period for the conditions.\n(sec.21-ssec.5) If the commissioner decides to refuse to grant a licence or the application is withdrawn, the commissioner must refund the application fee paid, less the amount of the cost to the commissioner of processing the application.\n- (a) grant a licence on conditions; or\n- (b) grant a provisional licence; or\n- (c) refuse to grant a licence.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Form of licence","content":"### sec.22 Form of licence\n\nA licence must state—\nthe licensee’s name; and\nthe expiry date of the licence; and\nthe licence number; and\nthe licence class; and\nany conditions of the licence.\n- (a) the licensee’s name; and\n- (b) the expiry date of the licence; and\n- (c) the licence number; and\n- (d) the licence class; and\n- (e) any conditions of the licence.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Duration of licence","content":"### sec.23 Duration of licence\n\nA licence remains in force for the period stated in the licence of not more than—\nfor a provisional licence—1 year; or\nfor another licence—5 years.\n- (a) for a provisional licence—1 year; or\n- (b) for another licence—5 years.","sortOrder":28},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Upgrading provisional licences","content":"## Upgrading provisional licences","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Commissioner may upgrade provisional licence","content":"### sec.24 Commissioner may upgrade provisional licence\n\nThis section applies if—\nan individual applied for a licence; and\nthe commissioner granted a provisional licence to the individual; and\nthe individual’s provisional licence has not expired; and\nthe individual satisfies the commissioner about an issue that caused the commissioner to grant the provisional licence to the individual instead of the licence applied for.\nThe commissioner may, without another application being made under division 2 , grant the individual the licence originally applied for, with or without any conditions imposed on the provisional licence.\nThe provisional licence is cancelled if a licence is granted under subsection (2) .\n(sec.24-ssec.1) This section applies if— an individual applied for a licence; and the commissioner granted a provisional licence to the individual; and the individual’s provisional licence has not expired; and the individual satisfies the commissioner about an issue that caused the commissioner to grant the provisional licence to the individual instead of the licence applied for.\n(sec.24-ssec.2) The commissioner may, without another application being made under division 2 , grant the individual the licence originally applied for, with or without any conditions imposed on the provisional licence.\n(sec.24-ssec.3) The provisional licence is cancelled if a licence is granted under subsection (2) .\n- (a) an individual applied for a licence; and\n- (b) the commissioner granted a provisional licence to the individual; and\n- (c) the individual’s provisional licence has not expired; and\n- (d) the individual satisfies the commissioner about an issue that caused the commissioner to grant the provisional licence to the individual instead of the licence applied for.","sortOrder":30},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Endorsements","content":"## Endorsements","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Endorsements on licences","content":"### sec.25 Endorsements on licences\n\nThe commissioner may make an endorsement on a licence that the holder of the licence may carry out particular plumbing or drainage work.\nThe scope of work for a particular endorsement on a licence is the scope of work prescribed by regulation for the endorsement.\nThe holder of a licence that has an endorsement may carry out the particular plumbing or drainage work for which the endorsement is made on the licence in addition to the plumbing or drainage work for which the licence is granted.\nAn endorsement on a licence remains in force for the period stated on the licence for the endorsement but no longer than the period for which the licence remains in force.\n(sec.25-ssec.1) The commissioner may make an endorsement on a licence that the holder of the licence may carry out particular plumbing or drainage work.\n(sec.25-ssec.2) The scope of work for a particular endorsement on a licence is the scope of work prescribed by regulation for the endorsement.\n(sec.25-ssec.3) The holder of a licence that has an endorsement may carry out the particular plumbing or drainage work for which the endorsement is made on the licence in addition to the plumbing or drainage work for which the licence is granted.\n(sec.25-ssec.4) An endorsement on a licence remains in force for the period stated on the licence for the endorsement but no longer than the period for which the licence remains in force.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Qualifications and practical experience required for endorsement","content":"### sec.26 Qualifications and practical experience required for endorsement\n\nThe chief executive must—\ndecide the qualifications and practical experience that an individual must have for an endorsement to be made on the individual’s licence; and\npublish on the department’s website the required qualifications and practical experience for the endorsement.\ns 26 amd 2024 No. 14 s 57\n- (a) decide the qualifications and practical experience that an individual must have for an endorsement to be made on the individual’s licence; and\n- (b) publish on the department’s website the required qualifications and practical experience for the endorsement.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Entitlement to endorsement","content":"### sec.27 Entitlement to endorsement\n\nAn individual is entitled to an endorsement on a licence if, on application by the individual, the commissioner is satisfied the individual has the qualifications and practical experience for the endorsement.\nA licensee may apply to the commissioner for an endorsement on the licensee’s licence at any time.\nAn individual who has applied for a licence may, together with or after making the application, apply for an endorsement on the licence if the licence is issued.\n(sec.27-ssec.1) An individual is entitled to an endorsement on a licence if, on application by the individual, the commissioner is satisfied the individual has the qualifications and practical experience for the endorsement.\n(sec.27-ssec.2) A licensee may apply to the commissioner for an endorsement on the licensee’s licence at any time.\n(sec.27-ssec.3) An individual who has applied for a licence may, together with or after making the application, apply for an endorsement on the licence if the licence is issued.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Application for endorsement","content":"### sec.28 Application for endorsement\n\nAn application for an endorsement to be made on a licence must—\nbe made to the commissioner; and\nbe in the approved form; and\nbe accompanied by—\nevidence of the applicant’s qualifications and practical experience; and\nthe fee prescribed by regulation.\n- (a) be made to the commissioner; and\n- (b) be in the approved form; and\n- (c) be accompanied by— (i) evidence of the applicant’s qualifications and practical experience; and (ii) the fee prescribed by regulation.\n- (i) evidence of the applicant’s qualifications and practical experience; and\n- (ii) the fee prescribed by regulation.\n- (i) evidence of the applicant’s qualifications and practical experience; and\n- (ii) the fee prescribed by regulation.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Deciding application","content":"### sec.29 Deciding application\n\nThe commissioner must consider an application for an endorsement to be made on a licence and decide to—\ngrant the application; or\nrefuse to grant the application.\nIf the commissioner decides to refuse to grant the application, the commissioner must give the applicant an information notice about the decision as soon as practicable after making the decision.\nFor reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .\n(sec.29-ssec.1) The commissioner must consider an application for an endorsement to be made on a licence and decide to— grant the application; or refuse to grant the application.\n(sec.29-ssec.2) If the commissioner decides to refuse to grant the application, the commissioner must give the applicant an information notice about the decision as soon as practicable after making the decision. For reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .\n- (a) grant the application; or\n- (b) refuse to grant the application.","sortOrder":36},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Renewing licences","content":"## Renewing licences","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Notice of expiry of licence","content":"### sec.30 Notice of expiry of licence\n\nThe commissioner must give each licensee notice of the expiry of the licensee’s licence at least 40 business days before its expiry.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Application to renew licence","content":"### sec.31 Application to renew licence\n\nA licensee, other than a provisional licensee, may apply to the commissioner to renew the licensee’s licence.\nThe application must—\nbe made before the licence expires; and\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation.\nThe fee mentioned in subsection (2) (c) is the reduced fee prescribed by regulation if the applicant gives the commissioner a statutory declaration stating the applicant—\nis retired; and\ndoes not intend to carry out plumbing or drainage work for payment after the licence is renewed.\nIf a licensee applies to renew the licensee’s licence on or before the day it would otherwise expire, the licence continues in force from the day the licence would have expired until the day a new licence is issued to the applicant under section 32 (1) .\nHowever, subsection (4) does not apply to a licence that is suspended or otherwise ends under this Act.\nIf a licensee does not apply to renew the licensee’s licence on or before the day the licence expires, the licence expires at the end of the day.\nSubsection (6) applies whether or not the commissioner has complied with section 30 in relation to the expiry.\nIf an application does not comply with subsection (2) , the commissioner must, as soon as practicable, tell the applicant how the application does not comply.\n(sec.31-ssec.1) A licensee, other than a provisional licensee, may apply to the commissioner to renew the licensee’s licence.\n(sec.31-ssec.2) The application must— be made before the licence expires; and be in the approved form; and be accompanied by the fee prescribed by regulation.\n(sec.31-ssec.3) The fee mentioned in subsection (2) (c) is the reduced fee prescribed by regulation if the applicant gives the commissioner a statutory declaration stating the applicant— is retired; and does not intend to carry out plumbing or drainage work for payment after the licence is renewed.\n(sec.31-ssec.4) If a licensee applies to renew the licensee’s licence on or before the day it would otherwise expire, the licence continues in force from the day the licence would have expired until the day a new licence is issued to the applicant under section 32 (1) .\n(sec.31-ssec.5) However, subsection (4) does not apply to a licence that is suspended or otherwise ends under this Act.\n(sec.31-ssec.6) If a licensee does not apply to renew the licensee’s licence on or before the day the licence expires, the licence expires at the end of the day.\n(sec.31-ssec.7) Subsection (6) applies whether or not the commissioner has complied with section 30 in relation to the expiry.\n(sec.31-ssec.8) If an application does not comply with subsection (2) , the commissioner must, as soon as practicable, tell the applicant how the application does not comply.\n- (a) be made before the licence expires; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed by regulation.\n- (a) is retired; and\n- (b) does not intend to carry out plumbing or drainage work for payment after the licence is renewed.","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Deciding application","content":"### sec.32 Deciding application\n\nIf an application to renew a licence complies with section 31 (2) , the commissioner must, as soon as practicable, issue a new licence to the applicant.\nThe licence is subject to the same conditions as the licence that expired or is due to expire.\nIf the application does not comply with section 31 (2) , the commissioner must—\nrefuse to renew the licence; and\ngive the applicant an information notice about the decision.\nIf an endorsement was made on the licence that expired or is due to expire, the commissioner must make the endorsement on the renewed licence unless the commissioner is satisfied the licensee is no longer entitled to have the endorsement made on the licence.\nFor reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .\n(sec.32-ssec.1) If an application to renew a licence complies with section 31 (2) , the commissioner must, as soon as practicable, issue a new licence to the applicant.\n(sec.32-ssec.2) The licence is subject to the same conditions as the licence that expired or is due to expire.\n(sec.32-ssec.3) If the application does not comply with section 31 (2) , the commissioner must— refuse to renew the licence; and give the applicant an information notice about the decision.\n(sec.32-ssec.4) If an endorsement was made on the licence that expired or is due to expire, the commissioner must make the endorsement on the renewed licence unless the commissioner is satisfied the licensee is no longer entitled to have the endorsement made on the licence.\n- (a) refuse to renew the licence; and\n- (b) give the applicant an information notice about the decision.","sortOrder":40},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Restoring expired licences","content":"## Restoring expired licences","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application to restore licence","content":"### sec.33 Application to restore licence\n\nIf a licence has expired, the person who was the licensee for the licence may apply to the commissioner to restore the licence.\nThe application must—\nbe made within 1 year after the day the licence expired; and\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation.\nThe fee mentioned in subsection (2) (c) is the reduced fee prescribed by regulation if the applicant gives the commissioner a statutory declaration stating the applicant—\nis retired; and\ndoes not intend to carry out plumbing or drainage work for payment after the licence is restored.\nIf the application does not comply with subsection (2) , the commissioner must, as soon as practicable, tell the applicant how the application does not comply.\n(sec.33-ssec.1) If a licence has expired, the person who was the licensee for the licence may apply to the commissioner to restore the licence.\n(sec.33-ssec.2) The application must— be made within 1 year after the day the licence expired; and be in the approved form; and be accompanied by the fee prescribed by regulation.\n(sec.33-ssec.3) The fee mentioned in subsection (2) (c) is the reduced fee prescribed by regulation if the applicant gives the commissioner a statutory declaration stating the applicant— is retired; and does not intend to carry out plumbing or drainage work for payment after the licence is restored.\n(sec.33-ssec.4) If the application does not comply with subsection (2) , the commissioner must, as soon as practicable, tell the applicant how the application does not comply.\n- (a) be made within 1 year after the day the licence expired; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed by regulation.\n- (a) is retired; and\n- (b) does not intend to carry out plumbing or drainage work for payment after the licence is restored.","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Deciding application","content":"### sec.34 Deciding application\n\nIf an application to restore a licence complies with section 33 (2) , the commissioner must, as soon as practicable, restore the licence to the applicant.\nThe licence is subject to the same conditions as the licence that expired.\nIf the application does not comply with section 33 (2) , the commissioner must—\nrefuse to restore the licence; and\ngive the applicant an information notice about the decision.\nIf an endorsement was made on the licence that expired, the commissioner must make the endorsement on the restored licence unless the commissioner is satisfied the licensee is no longer entitled to have the endorsement made on the licence.\nFor reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .\n(sec.34-ssec.1) If an application to restore a licence complies with section 33 (2) , the commissioner must, as soon as practicable, restore the licence to the applicant.\n(sec.34-ssec.2) The licence is subject to the same conditions as the licence that expired.\n(sec.34-ssec.3) If the application does not comply with section 33 (2) , the commissioner must— refuse to restore the licence; and give the applicant an information notice about the decision.\n(sec.34-ssec.4) If an endorsement was made on the licence that expired, the commissioner must make the endorsement on the restored licence unless the commissioner is satisfied the licensee is no longer entitled to have the endorsement made on the licence.\n- (a) refuse to restore the licence; and\n- (b) give the applicant an information notice about the decision.","sortOrder":43},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Reviewing licence conditions","content":"## Reviewing licence conditions","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Review of licence conditions started by licensee","content":"### sec.35 Review of licence conditions started by licensee\n\nA licensee may apply to the commissioner for a review of the conditions of the licensee’s licence.\nHowever, the application may not be made—\nduring the non-review period for the conditions; or\nif the licensee has applied to QCAT for a review of the decision to impose the conditions—while QCAT is reviewing the decision.\nThe application must—\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation.\n(sec.35-ssec.1) A licensee may apply to the commissioner for a review of the conditions of the licensee’s licence.\n(sec.35-ssec.2) However, the application may not be made— during the non-review period for the conditions; or if the licensee has applied to QCAT for a review of the decision to impose the conditions—while QCAT is reviewing the decision.\n(sec.35-ssec.3) The application must— be in the approved form; and be accompanied by the fee prescribed by regulation.\n- (a) during the non-review period for the conditions; or\n- (b) if the licensee has applied to QCAT for a review of the decision to impose the conditions—while QCAT is reviewing the decision.\n- (a) be in the approved form; and\n- (b) be accompanied by the fee prescribed by regulation.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Review of licence conditions started by commissioner","content":"### sec.36 Review of licence conditions started by commissioner\n\nThis section applies if, during the non-review period for the conditions of a licence, the commissioner reasonably believes the conditions may no longer be appropriate.\nThe commissioner may, with the written agreement of the licensee, review the conditions.\n(sec.36-ssec.1) This section applies if, during the non-review period for the conditions of a licence, the commissioner reasonably believes the conditions may no longer be appropriate.\n(sec.36-ssec.2) The commissioner may, with the written agreement of the licensee, review the conditions.","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Requiring further information to decide application","content":"### sec.37 Requiring further information to decide application\n\nFor making a decision about reviewing the conditions of a licence, the commissioner may, by notice given to the licensee, require the licensee to give the commissioner, within a stated period, the further information the commissioner reasonably requires to make the decision.\nThe stated period must be at least 20 business days.\nThe commissioner may require the information to be verified by a statutory declaration.\nThe commissioner must give the notice to the licensee within—\nif the review is started by application of the licensee—40 business days after receiving the application; or\nif the review is started by agreement between the commissioner and the licensee—20 business days after making the agreement.\nIf the licensee fails to comply with the notice within the stated period—\nfor a review started by application of the licensee—the application is taken to be withdrawn; and\nfor a review started by agreement between the commissioner and the licensee—the commissioner is taken to have decided to confirm the conditions.\n(sec.37-ssec.1) For making a decision about reviewing the conditions of a licence, the commissioner may, by notice given to the licensee, require the licensee to give the commissioner, within a stated period, the further information the commissioner reasonably requires to make the decision.\n(sec.37-ssec.2) The stated period must be at least 20 business days.\n(sec.37-ssec.3) The commissioner may require the information to be verified by a statutory declaration.\n(sec.37-ssec.4) The commissioner must give the notice to the licensee within— if the review is started by application of the licensee—40 business days after receiving the application; or if the review is started by agreement between the commissioner and the licensee—20 business days after making the agreement.\n(sec.37-ssec.5) If the licensee fails to comply with the notice within the stated period— for a review started by application of the licensee—the application is taken to be withdrawn; and for a review started by agreement between the commissioner and the licensee—the commissioner is taken to have decided to confirm the conditions.\n- (a) if the review is started by application of the licensee—40 business days after receiving the application; or\n- (b) if the review is started by agreement between the commissioner and the licensee—20 business days after making the agreement.\n- (a) for a review started by application of the licensee—the application is taken to be withdrawn; and\n- (b) for a review started by agreement between the commissioner and the licensee—the commissioner is taken to have decided to confirm the conditions.","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Decision on review of licence conditions","content":"### sec.38 Decision on review of licence conditions\n\nAfter reviewing the conditions of a licence, the commissioner must decide to—\nconfirm the conditions; or\nchange the conditions; or\nremove the conditions.\nIn making the decision, the commissioner must consider whether the conditions remain necessary or desirable for the licensee to competently carry out plumbing or drainage work.\nThe commissioner may confirm or change the conditions only for the reasons the conditions were first imposed.\nIf the commissioner decides to confirm or change the conditions, the commissioner must as soon as practicable—\nalso decide the non-review period applying to the confirmed or changed conditions; and\ngive the licensee an information notice about the decision that also states the non-review period.\nFor reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .\nIf the licensee holds a licence card and the commissioner decides to change the conditions, the information notice must also direct the licensee to return the card to the commissioner within 10 business days after receiving the notice.\nIf the commissioner decides to remove the conditions, the commissioner must give notice of the decision to the licensee as soon as practicable after making the decision.\nThe commissioner is taken to confirm the conditions if the commissioner fails to make a decision about the review within 40 business days after—\nif the review is started by application of the licensee—receiving the application; or\nif the review is started by agreement between the commissioner and the licensee—making the agreement.\nHowever, if the commissioner required the licensee to give the commissioner further information for the review, the commissioner is not taken to confirm the conditions until the end of 40 business days after receiving the information.\ns 38 amd 2025 No. 28 s 10\n(sec.38-ssec.1) After reviewing the conditions of a licence, the commissioner must decide to— confirm the conditions; or change the conditions; or remove the conditions.\n(sec.38-ssec.2) In making the decision, the commissioner must consider whether the conditions remain necessary or desirable for the licensee to competently carry out plumbing or drainage work.\n(sec.38-ssec.3) The commissioner may confirm or change the conditions only for the reasons the conditions were first imposed.\n(sec.38-ssec.4) If the commissioner decides to confirm or change the conditions, the commissioner must as soon as practicable— also decide the non-review period applying to the confirmed or changed conditions; and give the licensee an information notice about the decision that also states the non-review period. For reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .\n(sec.38-ssec.5) If the licensee holds a licence card and the commissioner decides to change the conditions, the information notice must also direct the licensee to return the card to the commissioner within 10 business days after receiving the notice.\n(sec.38-ssec.6) If the commissioner decides to remove the conditions, the commissioner must give notice of the decision to the licensee as soon as practicable after making the decision.\n(sec.38-ssec.7) The commissioner is taken to confirm the conditions if the commissioner fails to make a decision about the review within 40 business days after— if the review is started by application of the licensee—receiving the application; or if the review is started by agreement between the commissioner and the licensee—making the agreement.\n(sec.38-ssec.8) However, if the commissioner required the licensee to give the commissioner further information for the review, the commissioner is not taken to confirm the conditions until the end of 40 business days after receiving the information.\n- (a) confirm the conditions; or\n- (b) change the conditions; or\n- (c) remove the conditions.\n- (a) also decide the non-review period applying to the confirmed or changed conditions; and\n- (b) give the licensee an information notice about the decision that also states the non-review period.\n- (a) if the review is started by application of the licensee—receiving the application; or\n- (b) if the review is started by agreement between the commissioner and the licensee—making the agreement.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"When decision takes effect","content":"### sec.39 When decision takes effect\n\nThe commissioner’s decision takes effect when—\nif the commissioner decides to confirm the conditions—the decision is made; or\nif the commissioner decides to change the conditions—an information notice about the decision is given to the licensee; or\nif the commissioner decides to remove the conditions—notice of the decision is given to the licensee.\nThe effect of a change or removal of conditions does not depend on the licence being amended to record the change or removal.\n(sec.39-ssec.1) The commissioner’s decision takes effect when— if the commissioner decides to confirm the conditions—the decision is made; or if the commissioner decides to change the conditions—an information notice about the decision is given to the licensee; or if the commissioner decides to remove the conditions—notice of the decision is given to the licensee.\n(sec.39-ssec.2) The effect of a change or removal of conditions does not depend on the licence being amended to record the change or removal.\n- (a) if the commissioner decides to confirm the conditions—the decision is made; or\n- (b) if the commissioner decides to change the conditions—an information notice about the decision is given to the licensee; or\n- (c) if the commissioner decides to remove the conditions—notice of the decision is given to the licensee.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Returning licence card for amendment or replacement","content":"### sec.40 Returning licence card for amendment or replacement\n\nThis section applies if a licensee who holds a licence card receives—\nan information notice, under section 38 (4) (b) , about a decision to change a condition; or\na notice, under section 38 (6) , about a decision to remove a condition.\nThe licensee must return the licence card to the commissioner within 10 business days after receiving the notice, unless the licensee has a reasonable excuse.\nMaximum penalty—10 penalty units.\nOn receiving the licence card, the commissioner must—\namend the licence card in an appropriate way and return the amended licence card to the licensee; or\nif the commissioner does not consider it practicable to amend the licence card—issue a replacement licence card to the licensee.\ns 40 amd 2025 No. 28 s 11\n(sec.40-ssec.1) This section applies if a licensee who holds a licence card receives— an information notice, under section 38 (4) (b) , about a decision to change a condition; or a notice, under section 38 (6) , about a decision to remove a condition.\n(sec.40-ssec.2) The licensee must return the licence card to the commissioner within 10 business days after receiving the notice, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.40-ssec.3) On receiving the licence card, the commissioner must— amend the licence card in an appropriate way and return the amended licence card to the licensee; or if the commissioner does not consider it practicable to amend the licence card—issue a replacement licence card to the licensee.\n- (a) an information notice, under section 38 (4) (b) , about a decision to change a condition; or\n- (b) a notice, under section 38 (6) , about a decision to remove a condition.\n- (a) amend the licence card in an appropriate way and return the amended licence card to the licensee; or\n- (b) if the commissioner does not consider it practicable to amend the licence card—issue a replacement licence card to the licensee.","sortOrder":50},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":"Other provisions about licences","content":"## Other provisions about licences","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Register of licensees","content":"### sec.41 Register of licensees\n\nThe commissioner must keep a register of licensees.\nThe register must contain, for each licensee, the particulars prescribed by regulation.\nThe register must be kept in the way the commissioner considers appropriate, including, for example, in an electronic form.\nA regulation may provide that the commissioner must make information in the register available to the public on QBCC’s website.\nHowever, any publicly available part of the register must not include the residential or email address, phone number or signature of a licensee.\n(sec.41-ssec.1) The commissioner must keep a register of licensees.\n(sec.41-ssec.2) The register must contain, for each licensee, the particulars prescribed by regulation.\n(sec.41-ssec.3) The register must be kept in the way the commissioner considers appropriate, including, for example, in an electronic form.\n(sec.41-ssec.4) A regulation may provide that the commissioner must make information in the register available to the public on QBCC’s website.\n(sec.41-ssec.5) However, any publicly available part of the register must not include the residential or email address, phone number or signature of a licensee.","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Replacing licence card","content":"### sec.42 Replacing licence card\n\nA licensee who is issued a licence in the form of a licence card may apply to the commissioner to replace the card if it is damaged, destroyed, lost or stolen.\nThe application must—\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation.\nIf the commissioner is satisfied the licence card has been damaged, destroyed, lost or stolen, the commissioner must issue a replacement licence card to the applicant.\ns 42 amd 2025 No. 28 s 12\n(sec.42-ssec.1) A licensee who is issued a licence in the form of a licence card may apply to the commissioner to replace the card if it is damaged, destroyed, lost or stolen.\n(sec.42-ssec.2) The application must— be in the approved form; and be accompanied by the fee prescribed by regulation.\n(sec.42-ssec.3) If the commissioner is satisfied the licence card has been damaged, destroyed, lost or stolen, the commissioner must issue a replacement licence card to the applicant.\n- (a) be in the approved form; and\n- (b) be accompanied by the fee prescribed by regulation.","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Obtaining certified copy of licence","content":"### sec.43 Obtaining certified copy of licence\n\nA licensee may, on payment of the fee prescribed by regulation, obtain a certified copy of the licensee’s licence from the commissioner.","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notice of change in circumstances","content":"### sec.44 Notice of change in circumstances\n\nThis section applies if any of the following changes happens for a licensee—\nthe licensee’s name, residential or email address or phone number changes;\nthe licensee is convicted of an offence against this Act or the repealed Act;\nif the licensee holds an interstate or New Zealand licence—\na condition is imposed on the licence; or\nthe licence is suspended or cancelled.\nThe licensee must give the commissioner notice of the change within 20 business days after the change.\nMaximum penalty—\nif the offence relates to a change of name, address or phone number—1 penalty unit; or\nif the offence relates to another change—10 penalty units.\nThe notice must be given in the way approved by the commissioner.\n(sec.44-ssec.1) This section applies if any of the following changes happens for a licensee— the licensee’s name, residential or email address or phone number changes; the licensee is convicted of an offence against this Act or the repealed Act; if the licensee holds an interstate or New Zealand licence— a condition is imposed on the licence; or the licence is suspended or cancelled.\n(sec.44-ssec.2) The licensee must give the commissioner notice of the change within 20 business days after the change. Maximum penalty— if the offence relates to a change of name, address or phone number—1 penalty unit; or if the offence relates to another change—10 penalty units.\n(sec.44-ssec.3) The notice must be given in the way approved by the commissioner.\n- (a) the licensee’s name, residential or email address or phone number changes;\n- (b) the licensee is convicted of an offence against this Act or the repealed Act;\n- (c) if the licensee holds an interstate or New Zealand licence— (i) a condition is imposed on the licence; or (ii) the licence is suspended or cancelled.\n- (i) a condition is imposed on the licence; or\n- (ii) the licence is suspended or cancelled.\n- (i) a condition is imposed on the licence; or\n- (ii) the licence is suspended or cancelled.\n- (a) if the offence relates to a change of name, address or phone number—1 penalty unit; or\n- (b) if the offence relates to another change—10 penalty units.","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Notice of particular events to licensing authorities and other entities","content":"### sec.45 Notice of particular events to licensing authorities and other entities\n\nIf the commissioner is aware a licensee is licensed by an interstate or New Zealand licensing authority, and any of the following events happen for the licensee, the commissioner must give notice of the event to the licensing authority—\na licence is cancelled;\na licence is suspended;\nconditions are imposed on a licence;\nconditions on a licence are removed.\nAlso, the commissioner may give notice of the event to any of the following entities if the commissioner reasonably believes the entity needs to know about the event—\nprofessional or industry associations of which the licensee is, or is eligible to be, a member;\nan employer of the licensee;\nanother entity connected with the plumbing and drainage trade.\nA notice given under this section may include the information the commissioner considers appropriate in the circumstances.\nThe commissioner must give a copy of a notice given under this section to the licensee to whom the notice relates.\n(sec.45-ssec.1) If the commissioner is aware a licensee is licensed by an interstate or New Zealand licensing authority, and any of the following events happen for the licensee, the commissioner must give notice of the event to the licensing authority— a licence is cancelled; a licence is suspended; conditions are imposed on a licence; conditions on a licence are removed.\n(sec.45-ssec.2) Also, the commissioner may give notice of the event to any of the following entities if the commissioner reasonably believes the entity needs to know about the event— professional or industry associations of which the licensee is, or is eligible to be, a member; an employer of the licensee; another entity connected with the plumbing and drainage trade.\n(sec.45-ssec.3) A notice given under this section may include the information the commissioner considers appropriate in the circumstances.\n(sec.45-ssec.4) The commissioner must give a copy of a notice given under this section to the licensee to whom the notice relates.\n- (a) a licence is cancelled;\n- (b) a licence is suspended;\n- (c) conditions are imposed on a licence;\n- (d) conditions on a licence are removed.\n- (a) professional or industry associations of which the licensee is, or is eligible to be, a member;\n- (b) an employer of the licensee;\n- (c) another entity connected with the plumbing and drainage trade.","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Licensee to have regard to particular guidelines","content":"### sec.46 Licensee to have regard to particular guidelines\n\nA licensee who is carrying out plumbing or drainage work must have regard to the guidelines that are relevant to carrying out plumbing or drainage work.\nSee section 49 (1) (c) .\nA licensee who is supervising another licensee carrying out plumbing or drainage work must have regard to the guidelines that are relevant to licensees supervising other licensees carrying out plumbing or drainage work.\nSee section 49 (1) (d) .\nSubsection (4) applies to a licensee who is responsible for directly supervising—\na trainee carrying out plumbing or drainage work; or\nan unlicensed person carrying out drainage work.\nThe licensee must have regard to the guidelines that are relevant to licensees who are responsible for directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work.\nSee sections 49 (1) (d) and 59 (3) .\n(sec.46-ssec.1) A licensee who is carrying out plumbing or drainage work must have regard to the guidelines that are relevant to carrying out plumbing or drainage work. See section 49 (1) (c) .\n(sec.46-ssec.2) A licensee who is supervising another licensee carrying out plumbing or drainage work must have regard to the guidelines that are relevant to licensees supervising other licensees carrying out plumbing or drainage work. See section 49 (1) (d) .\n(sec.46-ssec.3) Subsection (4) applies to a licensee who is responsible for directly supervising— a trainee carrying out plumbing or drainage work; or an unlicensed person carrying out drainage work.\n(sec.46-ssec.4) The licensee must have regard to the guidelines that are relevant to licensees who are responsible for directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work. See sections 49 (1) (d) and 59 (3) .\n- (a) a trainee carrying out plumbing or drainage work; or\n- (b) an unlicensed person carrying out drainage work.","sortOrder":57},{"sectionNumber":"pt.2-div.9","sectionType":"division","heading":"Audit programs and auditing licensees","content":"## Audit programs and auditing licensees","sortOrder":58},{"sectionNumber":"sec.47","sectionType":"section","heading":"Approved audit program","content":"### sec.47 Approved audit program\n\nThe commissioner may prepare and approve an audit program under which the commissioner may audit licensees to find out if they have been complying with the requirements under section 83 after finishing notifiable work.\nThe approved audit program must state—\nthe purpose of the program; and\nwhen the program starts; and\nthe period over which the program is to be carried out; and\ncriteria for selecting licensees who are to be audited; and\nif the licensees to be audited are to be selected from licensees holding licences of a particular class—a description of the class; and\nhow licensees selected for audit under the program will be advised that they have been selected.\nThe commissioner must ensure a copy of the approved audit program may be inspected at QBCC’s head office.\nThe commissioner must publish the approved audit program on QBCC’s website before the program starts.\nThe commissioner must ensure the approved audit program is published on QBCC’s website during the period over which the program is to be carried out.\n(sec.47-ssec.1) The commissioner may prepare and approve an audit program under which the commissioner may audit licensees to find out if they have been complying with the requirements under section 83 after finishing notifiable work.\n(sec.47-ssec.2) The approved audit program must state— the purpose of the program; and when the program starts; and the period over which the program is to be carried out; and criteria for selecting licensees who are to be audited; and if the licensees to be audited are to be selected from licensees holding licences of a particular class—a description of the class; and how licensees selected for audit under the program will be advised that they have been selected.\n(sec.47-ssec.3) The commissioner must ensure a copy of the approved audit program may be inspected at QBCC’s head office.\n(sec.47-ssec.4) The commissioner must publish the approved audit program on QBCC’s website before the program starts.\n(sec.47-ssec.5) The commissioner must ensure the approved audit program is published on QBCC’s website during the period over which the program is to be carried out.\n- (a) the purpose of the program; and\n- (b) when the program starts; and\n- (c) the period over which the program is to be carried out; and\n- (d) criteria for selecting licensees who are to be audited; and\n- (e) if the licensees to be audited are to be selected from licensees holding licences of a particular class—a description of the class; and\n- (f) how licensees selected for audit under the program will be advised that they have been selected.","sortOrder":59},{"sectionNumber":"sec.48","sectionType":"section","heading":"Supplying documents or information","content":"### sec.48 Supplying documents or information\n\nThis section applies if—\na licensee is selected to be audited under an approved audit program; or\nthe commissioner reasonably suspects, because of information received by the commissioner, a licensee is not, or has not been, complying with the requirements under section 83 after finishing notifiable work; or\na person (an employer ) who conducts a business carrying out plumbing or drainage work employs a licensee (an employed licensee ) to whom paragraph (a) or (b) applies to carry out the work.\nThe commissioner or an investigator may give notice to the licensee or employer requiring the licensee or employer to give the commissioner or investigator copies of, access to, or information about, the documents described in the notice.\nThe notice must describe only the documents the commissioner or investigator reasonably requires to decide whether the licensee or employed licensee is, or has been, complying with the requirements under section 83 .\ninvoices, receipts, bookkeeping records and statements from a financial institution\nAlso, the notice must state that—\nthe licensee or employer must comply with the notice even though complying might tend to incriminate the licensee, employer or employed licensee or expose the licensee, employer or employed licensee to a penalty; and\nunder section 97 , there is a limited immunity against the use of the information in a proceeding.\nThe person given the notice must comply with the notice within 10 business days after receiving the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is not a reasonable excuse for a person to fail to comply with the notice on the basis that complying with the notice might tend to incriminate the person or expose the person to a penalty.\nIn this section—\nemploy includes engage on a contract for services or commission, whether or not for reward.\nreasonably suspects means suspects on grounds that are reasonable in the circumstances.\n(sec.48-ssec.1) This section applies if— a licensee is selected to be audited under an approved audit program; or the commissioner reasonably suspects, because of information received by the commissioner, a licensee is not, or has not been, complying with the requirements under section 83 after finishing notifiable work; or a person (an employer ) who conducts a business carrying out plumbing or drainage work employs a licensee (an employed licensee ) to whom paragraph (a) or (b) applies to carry out the work.\n(sec.48-ssec.2) The commissioner or an investigator may give notice to the licensee or employer requiring the licensee or employer to give the commissioner or investigator copies of, access to, or information about, the documents described in the notice.\n(sec.48-ssec.3) The notice must describe only the documents the commissioner or investigator reasonably requires to decide whether the licensee or employed licensee is, or has been, complying with the requirements under section 83 . invoices, receipts, bookkeeping records and statements from a financial institution\n(sec.48-ssec.4) Also, the notice must state that— the licensee or employer must comply with the notice even though complying might tend to incriminate the licensee, employer or employed licensee or expose the licensee, employer or employed licensee to a penalty; and under section 97 , there is a limited immunity against the use of the information in a proceeding.\n(sec.48-ssec.5) The person given the notice must comply with the notice within 10 business days after receiving the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.48-ssec.6) It is not a reasonable excuse for a person to fail to comply with the notice on the basis that complying with the notice might tend to incriminate the person or expose the person to a penalty.\n(sec.48-ssec.7) In this section— employ includes engage on a contract for services or commission, whether or not for reward. reasonably suspects means suspects on grounds that are reasonable in the circumstances.\n- (a) a licensee is selected to be audited under an approved audit program; or\n- (b) the commissioner reasonably suspects, because of information received by the commissioner, a licensee is not, or has not been, complying with the requirements under section 83 after finishing notifiable work; or\n- (c) a person (an employer ) who conducts a business carrying out plumbing or drainage work employs a licensee (an employed licensee ) to whom paragraph (a) or (b) applies to carry out the work.\n- (a) the licensee or employer must comply with the notice even though complying might tend to incriminate the licensee, employer or employed licensee or expose the licensee, employer or employed licensee to a penalty; and\n- (b) under section 97 , there is a limited immunity against the use of the information in a proceeding.","sortOrder":60},{"sectionNumber":"pt.2-div.10","sectionType":"division","heading":"Disciplinary action","content":"## Disciplinary action","sortOrder":61},{"sectionNumber":"sec.49","sectionType":"section","heading":"Grounds for disciplinary action","content":"### sec.49 Grounds for disciplinary action\n\nThe commissioner may take disciplinary action under section 52 against a licensee if the commissioner is satisfied the licensee has—\nnot competently carried out, or has been involved in the unsatisfactory carrying out of, plumbing or drainage work the licensee is authorised to carry out under the licensee’s licence; or\ndirected a person to carry out permit work in a way that does not comply with the permit, or a condition of the permit, for the work; or\nin carrying out plumbing or drainage work, failed to have regard to a guideline that is relevant to the work; or\nin supervising or directly supervising plumbing or drainage work, failed to have regard to a guideline that is relevant to the supervision of the work; or\ncontravened a provision of this Act; or\nbeen convicted of an offence against this Act, the repealed Act or the Queensland Building and Construction Commission Act 1991 .\nAlso, the commissioner may take disciplinary action against a licensee who has an interstate or New Zealand licence if the commissioner is satisfied—\nthe interstate or New Zealand licence has been suspended or cancelled; or\na condition has been imposed on the interstate or New Zealand licence.\n(sec.49-ssec.1) The commissioner may take disciplinary action under section 52 against a licensee if the commissioner is satisfied the licensee has— not competently carried out, or has been involved in the unsatisfactory carrying out of, plumbing or drainage work the licensee is authorised to carry out under the licensee’s licence; or directed a person to carry out permit work in a way that does not comply with the permit, or a condition of the permit, for the work; or in carrying out plumbing or drainage work, failed to have regard to a guideline that is relevant to the work; or in supervising or directly supervising plumbing or drainage work, failed to have regard to a guideline that is relevant to the supervision of the work; or contravened a provision of this Act; or been convicted of an offence against this Act, the repealed Act or the Queensland Building and Construction Commission Act 1991 .\n(sec.49-ssec.2) Also, the commissioner may take disciplinary action against a licensee who has an interstate or New Zealand licence if the commissioner is satisfied— the interstate or New Zealand licence has been suspended or cancelled; or a condition has been imposed on the interstate or New Zealand licence.\n- (a) not competently carried out, or has been involved in the unsatisfactory carrying out of, plumbing or drainage work the licensee is authorised to carry out under the licensee’s licence; or\n- (b) directed a person to carry out permit work in a way that does not comply with the permit, or a condition of the permit, for the work; or\n- (c) in carrying out plumbing or drainage work, failed to have regard to a guideline that is relevant to the work; or\n- (d) in supervising or directly supervising plumbing or drainage work, failed to have regard to a guideline that is relevant to the supervision of the work; or\n- (e) contravened a provision of this Act; or\n- (f) been convicted of an offence against this Act, the repealed Act or the Queensland Building and Construction Commission Act 1991 .\n- (a) the interstate or New Zealand licence has been suspended or cancelled; or\n- (b) a condition has been imposed on the interstate or New Zealand licence.","sortOrder":62},{"sectionNumber":"sec.50","sectionType":"section","heading":"Show cause notice","content":"### sec.50 Show cause notice\n\nIf the commissioner is satisfied a ground exists to take disciplinary action against a licensee, the commissioner must give the licensee a notice (a show cause notice ) before taking the action.\nThe show cause notice must—\noutline the facts and circumstances forming the grounds for taking the disciplinary action against the licensee; and\nstate the types of disciplinary action that may be taken under section 52 ; and\ninvite the licensee to make an oral or written submission, within a stated period of at least 20 business days after the notice is given to the licensee (the show cause period ), giving reasons why the disciplinary action should not be taken; and\nstate how to make a submission.\n(sec.50-ssec.1) If the commissioner is satisfied a ground exists to take disciplinary action against a licensee, the commissioner must give the licensee a notice (a show cause notice ) before taking the action.\n(sec.50-ssec.2) The show cause notice must— outline the facts and circumstances forming the grounds for taking the disciplinary action against the licensee; and state the types of disciplinary action that may be taken under section 52 ; and invite the licensee to make an oral or written submission, within a stated period of at least 20 business days after the notice is given to the licensee (the show cause period ), giving reasons why the disciplinary action should not be taken; and state how to make a submission.\n- (a) outline the facts and circumstances forming the grounds for taking the disciplinary action against the licensee; and\n- (b) state the types of disciplinary action that may be taken under section 52 ; and\n- (c) invite the licensee to make an oral or written submission, within a stated period of at least 20 business days after the notice is given to the licensee (the show cause period ), giving reasons why the disciplinary action should not be taken; and\n- (d) state how to make a submission.","sortOrder":63},{"sectionNumber":"sec.51","sectionType":"section","heading":"Deciding action to be taken","content":"### sec.51 Deciding action to be taken\n\nThe commissioner must consider all submissions made during the show cause period and decide to—\ntake no disciplinary action against the licensee; or\ntake disciplinary action against the licensee.\nHowever, subsection (3) applies if the commissioner is satisfied—\na ground exists to take disciplinary action against a licensee under section 49 ; and\nit would be reasonable in the circumstances to—\nsuspend the licensee’s licence for more than 1 year; or\ncancel the licensee’s licence.\nThe commissioner must refer the matter, as provided under the QCAT Act , to QCAT to decide whether or not to make an order against the licensee in relation to the matter.\nSee section 55 .\n(sec.51-ssec.1) The commissioner must consider all submissions made during the show cause period and decide to— take no disciplinary action against the licensee; or take disciplinary action against the licensee.\n(sec.51-ssec.2) However, subsection (3) applies if the commissioner is satisfied— a ground exists to take disciplinary action against a licensee under section 49 ; and it would be reasonable in the circumstances to— suspend the licensee’s licence for more than 1 year; or cancel the licensee’s licence.\n(sec.51-ssec.3) The commissioner must refer the matter, as provided under the QCAT Act , to QCAT to decide whether or not to make an order against the licensee in relation to the matter. See section 55 .\n- (a) take no disciplinary action against the licensee; or\n- (b) take disciplinary action against the licensee.\n- (a) a ground exists to take disciplinary action against a licensee under section 49 ; and\n- (b) it would be reasonable in the circumstances to— (i) suspend the licensee’s licence for more than 1 year; or (ii) cancel the licensee’s licence.\n- (i) suspend the licensee’s licence for more than 1 year; or\n- (ii) cancel the licensee’s licence.\n- (i) suspend the licensee’s licence for more than 1 year; or\n- (ii) cancel the licensee’s licence.","sortOrder":64},{"sectionNumber":"sec.52","sectionType":"section","heading":"Disciplinary action that may be taken by commissioner","content":"### sec.52 Disciplinary action that may be taken by commissioner\n\nIf the commissioner decides to take disciplinary action against a licensee, the commissioner may do 1 or more of the following—\nreprimand the licensee;\norder plumbing or drainage work be rectified to comply with—\nthe code requirements for the work; or\nif the work is permit work—the permit or any condition of the permit for the work;\nchange conditions, or impose new conditions, on the licensee’s licence;\nsuspend the licensee’s licence for a period of not more than 1 year;\nrequire the licensee to pay an amount of not more than the equivalent of 100 penalty units to the commissioner, within a reasonable stated period.\nIf the commissioner requires the licensee to pay an amount under subsection (1) (e) and the licensee does not pay the amount to the commissioner within the stated period, the commissioner may recover the unpaid amount from the licensee as a debt.\n(sec.52-ssec.1) If the commissioner decides to take disciplinary action against a licensee, the commissioner may do 1 or more of the following— reprimand the licensee; order plumbing or drainage work be rectified to comply with— the code requirements for the work; or if the work is permit work—the permit or any condition of the permit for the work; change conditions, or impose new conditions, on the licensee’s licence; suspend the licensee’s licence for a period of not more than 1 year; require the licensee to pay an amount of not more than the equivalent of 100 penalty units to the commissioner, within a reasonable stated period.\n(sec.52-ssec.2) If the commissioner requires the licensee to pay an amount under subsection (1) (e) and the licensee does not pay the amount to the commissioner within the stated period, the commissioner may recover the unpaid amount from the licensee as a debt.\n- (a) reprimand the licensee;\n- (b) order plumbing or drainage work be rectified to comply with— (i) the code requirements for the work; or (ii) if the work is permit work—the permit or any condition of the permit for the work;\n- (i) the code requirements for the work; or\n- (ii) if the work is permit work—the permit or any condition of the permit for the work;\n- (c) change conditions, or impose new conditions, on the licensee’s licence;\n- (d) suspend the licensee’s licence for a period of not more than 1 year;\n- (e) require the licensee to pay an amount of not more than the equivalent of 100 penalty units to the commissioner, within a reasonable stated period.\n- (i) the code requirements for the work; or\n- (ii) if the work is permit work—the permit or any condition of the permit for the work;","sortOrder":65},{"sectionNumber":"sec.53","sectionType":"section","heading":"Advising licensee of decision","content":"### sec.53 Advising licensee of decision\n\nIf the commissioner decides to take no disciplinary action against the licensee, or to refer the matter to QCAT, the commissioner must give notice of the decision to the licensee.\nIf the commissioner decides to take disciplinary action against the licensee, the commissioner must give an information notice about the decision to the licensee.\nFor reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .\n(sec.53-ssec.1) If the commissioner decides to take no disciplinary action against the licensee, or to refer the matter to QCAT, the commissioner must give notice of the decision to the licensee.\n(sec.53-ssec.2) If the commissioner decides to take disciplinary action against the licensee, the commissioner must give an information notice about the decision to the licensee. For reviews of the decision, see the Queensland Building and Construction Commission Act 1991 , part 7 , division 3 .","sortOrder":66},{"sectionNumber":"sec.54","sectionType":"section","heading":"When suspension takes effect","content":"### sec.54 When suspension takes effect\n\nIf the commissioner suspends the licensee’s licence, the licence is suspended from the day the information notice is given to the licensee.","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Referral of particular disciplinary action to QCAT","content":"### sec.55 Referral of particular disciplinary action to QCAT\n\nThis section applies if, under section 51 (3) , the commissioner refers a matter to QCAT to decide whether or not to make an order against a licensee in relation to the matter.\nFor hearing the matter, QCAT must be constituted by 3 members.\nThe members must include—\n1 legally qualified member; and\n1 QCAT member who has at least 10 years experience in the plumbing and drainage trade.\nIf, after hearing the matter, QCAT decides a ground exists to take disciplinary action against the licensee, QCAT may do 1 or more of the following—\nreprimand the licensee;\norder plumbing or drainage work be rectified to comply with—\nthe code requirements for the work; or\nif the work is permit work—the permit or any condition of the permit for the work;\nchange conditions, or impose new conditions, on the licensee’s licence;\nsuspend the licensee’s licence for the period decided by QCAT;\ncancel the licensee’s licence;\norder the licensee to pay an amount of not more than the equivalent of 250 penalty units to the commissioner within a reasonable stated period.\nIn this section—\nlegally qualified member means a legally qualified member under the QCAT Act .\nQCAT member means a member under the QCAT Act .\n(sec.55-ssec.1) This section applies if, under section 51 (3) , the commissioner refers a matter to QCAT to decide whether or not to make an order against a licensee in relation to the matter.\n(sec.55-ssec.2) For hearing the matter, QCAT must be constituted by 3 members.\n(sec.55-ssec.3) The members must include— 1 legally qualified member; and 1 QCAT member who has at least 10 years experience in the plumbing and drainage trade.\n(sec.55-ssec.4) If, after hearing the matter, QCAT decides a ground exists to take disciplinary action against the licensee, QCAT may do 1 or more of the following— reprimand the licensee; order plumbing or drainage work be rectified to comply with— the code requirements for the work; or if the work is permit work—the permit or any condition of the permit for the work; change conditions, or impose new conditions, on the licensee’s licence; suspend the licensee’s licence for the period decided by QCAT; cancel the licensee’s licence; order the licensee to pay an amount of not more than the equivalent of 250 penalty units to the commissioner within a reasonable stated period.\n(sec.55-ssec.5) In this section— legally qualified member means a legally qualified member under the QCAT Act . QCAT member means a member under the QCAT Act .\n- (a) 1 legally qualified member; and\n- (b) 1 QCAT member who has at least 10 years experience in the plumbing and drainage trade.\n- (a) reprimand the licensee;\n- (b) order plumbing or drainage work be rectified to comply with— (i) the code requirements for the work; or (ii) if the work is permit work—the permit or any condition of the permit for the work;\n- (i) the code requirements for the work; or\n- (ii) if the work is permit work—the permit or any condition of the permit for the work;\n- (c) change conditions, or impose new conditions, on the licensee’s licence;\n- (d) suspend the licensee’s licence for the period decided by QCAT;\n- (e) cancel the licensee’s licence;\n- (f) order the licensee to pay an amount of not more than the equivalent of 250 penalty units to the commissioner within a reasonable stated period.\n- (i) the code requirements for the work; or\n- (ii) if the work is permit work—the permit or any condition of the permit for the work;","sortOrder":68},{"sectionNumber":"pt.3","sectionType":"part","heading":"General offences","content":"# General offences","sortOrder":69},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Offences about licences","content":"## Offences about licences","sortOrder":70},{"sectionNumber":"sec.56","sectionType":"section","heading":"Carrying out work without appropriate licence","content":"### sec.56 Carrying out work without appropriate licence\n\nSubject to section 58 , a person must not carry out plumbing or drainage work unless the person holds a licence for the work.\nMaximum penalty—\nfor a first offence—250 penalty units; or\nfor a second offence—300 penalty units; or\nfor a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.\nA person may be required to hold a contractor’s licence under the Queensland Building and Construction Commission Act 1991 in addition to a licence under this Act to lawfully carry out particular plumbing or drainage work. See section 42 of that Act.\nAn individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment commits a crime.\n(sec.56-ssec.1) Subject to section 58 , a person must not carry out plumbing or drainage work unless the person holds a licence for the work. Maximum penalty— for a first offence—250 penalty units; or for a second offence—300 penalty units; or for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment. A person may be required to hold a contractor’s licence under the Queensland Building and Construction Commission Act 1991 in addition to a licence under this Act to lawfully carry out particular plumbing or drainage work. See section 42 of that Act.\n(sec.56-ssec.2) An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment commits a crime.\n- (a) for a first offence—250 penalty units; or\n- (b) for a second offence—300 penalty units; or\n- (c) for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Supervising or directing work without appropriate licence","content":"### sec.57 Supervising or directing work without appropriate licence\n\nSubject to section 58 , a person (a supervisor ) must not supervise another person carrying out plumbing or drainage work unless the supervisor holds a licence for the work.\nMaximum penalty—\nfor a first offence—250 penalty units; or\nfor a second offence—300 penalty units; or\nfor a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.\nSubject to section 58 , a licensee must not supervise another person carrying out plumbing or drainage work unless the other person holds a licence for the work.\nMaximum penalty—\nfor a first offence—250 penalty units; or\nfor a second offence—300 penalty units; or\nfor a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.\nSubject to section 58 , a licensee must not direct another person to carry out plumbing or drainage work unless the other person holds a licence for the work.\nMaximum penalty—\nfor a first offence—250 penalty units; or\nfor a second offence—300 penalty units; or\nfor a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.\nFor subsections (1) and (2) , a person (a consumer ) is taken not to supervise another person carrying out plumbing or drainage work only because the consumer entered into a contract for carrying out the plumbing or drainage work, other than a contract of employment.\nAn individual who contravenes subsection (1) , (2) or (3) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment commits a crime.\n(sec.57-ssec.1) Subject to section 58 , a person (a supervisor ) must not supervise another person carrying out plumbing or drainage work unless the supervisor holds a licence for the work. Maximum penalty— for a first offence—250 penalty units; or for a second offence—300 penalty units; or for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.\n(sec.57-ssec.2) Subject to section 58 , a licensee must not supervise another person carrying out plumbing or drainage work unless the other person holds a licence for the work. Maximum penalty— for a first offence—250 penalty units; or for a second offence—300 penalty units; or for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.\n(sec.57-ssec.3) Subject to section 58 , a licensee must not direct another person to carry out plumbing or drainage work unless the other person holds a licence for the work. Maximum penalty— for a first offence—250 penalty units; or for a second offence—300 penalty units; or for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.\n(sec.57-ssec.4) For subsections (1) and (2) , a person (a consumer ) is taken not to supervise another person carrying out plumbing or drainage work only because the consumer entered into a contract for carrying out the plumbing or drainage work, other than a contract of employment.\n(sec.57-ssec.5) An individual who contravenes subsection (1) , (2) or (3) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment commits a crime.\n- (a) for a first offence—250 penalty units; or\n- (b) for a second offence—300 penalty units; or\n- (c) for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.\n- (a) for a first offence—250 penalty units; or\n- (b) for a second offence—300 penalty units; or\n- (c) for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.\n- (a) for a first offence—250 penalty units; or\n- (b) for a second offence—300 penalty units; or\n- (c) for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Exemptions for ss 56 and 57","content":"### sec.58 Exemptions for ss 56 and 57\n\nA person does not commit an offence against section 56 or 57 (1) , (2) or (3) if—\nthe plumbing or drainage work is unregulated work; or\nthe person is a trainee carrying out the plumbing or drainage work and a licensed person for the work is responsible for directly supervising the trainee carrying out the work; or\nthe person is an unlicensed person carrying out the drainage work and a licensed person for the work is responsible for directly supervising the unlicensed person carrying out the work; or\nthe person is an authorised person carrying out plumbing work that is removing, repairing or replacing a prescribed water meter, and any related work; or\nthe plumbing or drainage work is manufacturing—\na WaterMark product, other than a prohibited WaterMark product; or\na treatment plant.\nFor subsection (1) (b) or (c) , a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work, or an unlicensed person carrying out drainage work, if the licensee—\nis the trainee’s or unlicensed person’s employer; or\nis directed by the trainee’s or unlicensed person’s employer to directly supervise the trainee or unlicensed person.\nIn this section—\nauthorised person means an authorised person of a service provider under the Water Supply (Safety and Reliability) Act 2008 .\nprescribed water meter means a water meter for measuring the volume of water supplied to—\na lot under the Land Title Act 1994 , other than a lot—\nincluded in a community titles scheme under the Body Corporate and Community Management Act 1997 ; or\nshown on a building units plan or group titles plan under the Building Units and Group Titles Act 1980 ; or\na separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 ; or\nthe site of a mixed use scheme under the Mixed Use Development Act 1993 ; or\na primary thoroughfare or secondary thoroughfare under the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 ; or\na premises group within the meaning of the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .\n(sec.58-ssec.1) A person does not commit an offence against section 56 or 57 (1) , (2) or (3) if— the plumbing or drainage work is unregulated work; or the person is a trainee carrying out the plumbing or drainage work and a licensed person for the work is responsible for directly supervising the trainee carrying out the work; or the person is an unlicensed person carrying out the drainage work and a licensed person for the work is responsible for directly supervising the unlicensed person carrying out the work; or the person is an authorised person carrying out plumbing work that is removing, repairing or replacing a prescribed water meter, and any related work; or the plumbing or drainage work is manufacturing— a WaterMark product, other than a prohibited WaterMark product; or a treatment plant.\n(sec.58-ssec.2) For subsection (1) (b) or (c) , a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work, or an unlicensed person carrying out drainage work, if the licensee— is the trainee’s or unlicensed person’s employer; or is directed by the trainee’s or unlicensed person’s employer to directly supervise the trainee or unlicensed person.\n(sec.58-ssec.3) In this section— authorised person means an authorised person of a service provider under the Water Supply (Safety and Reliability) Act 2008 . prescribed water meter means a water meter for measuring the volume of water supplied to— a lot under the Land Title Act 1994 , other than a lot— included in a community titles scheme under the Body Corporate and Community Management Act 1997 ; or shown on a building units plan or group titles plan under the Building Units and Group Titles Act 1980 ; or a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 ; or the site of a mixed use scheme under the Mixed Use Development Act 1993 ; or a primary thoroughfare or secondary thoroughfare under the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 ; or a premises group within the meaning of the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .\n- (a) the plumbing or drainage work is unregulated work; or\n- (b) the person is a trainee carrying out the plumbing or drainage work and a licensed person for the work is responsible for directly supervising the trainee carrying out the work; or\n- (c) the person is an unlicensed person carrying out the drainage work and a licensed person for the work is responsible for directly supervising the unlicensed person carrying out the work; or\n- (d) the person is an authorised person carrying out plumbing work that is removing, repairing or replacing a prescribed water meter, and any related work; or\n- (e) the plumbing or drainage work is manufacturing— (i) a WaterMark product, other than a prohibited WaterMark product; or (ii) a treatment plant.\n- (i) a WaterMark product, other than a prohibited WaterMark product; or\n- (ii) a treatment plant.\n- (i) a WaterMark product, other than a prohibited WaterMark product; or\n- (ii) a treatment plant.\n- (a) is the trainee’s or unlicensed person’s employer; or\n- (b) is directed by the trainee’s or unlicensed person’s employer to directly supervise the trainee or unlicensed person.\n- (a) a lot under the Land Title Act 1994 , other than a lot— (i) included in a community titles scheme under the Body Corporate and Community Management Act 1997 ; or (ii) shown on a building units plan or group titles plan under the Building Units and Group Titles Act 1980 ; or\n- (i) included in a community titles scheme under the Body Corporate and Community Management Act 1997 ; or\n- (ii) shown on a building units plan or group titles plan under the Building Units and Group Titles Act 1980 ; or\n- (b) a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 ; or\n- (c) the site of a mixed use scheme under the Mixed Use Development Act 1993 ; or\n- (d) a primary thoroughfare or secondary thoroughfare under the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 ; or\n- (e) a premises group within the meaning of the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .\n- (i) included in a community titles scheme under the Body Corporate and Community Management Act 1997 ; or\n- (ii) shown on a building units plan or group titles plan under the Building Units and Group Titles Act 1980 ; or","sortOrder":73},{"sectionNumber":"sec.59","sectionType":"section","heading":"Directly supervising trainees or unlicensed persons","content":"### sec.59 Directly supervising trainees or unlicensed persons\n\nIf a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work or an unlicensed person carrying out drainage work under section 58 (1) (b) or (c) , the licensee must—\nprovide direction to the trainee or unlicensed person on how to carry out the work; and\nensure the work complies with this Act.\nMaximum penalty—100 penalty units.\nFor subsection (1) , a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work, or an unlicensed person carrying out drainage work, if the licensee—\nis the trainee’s or unlicensed person’s employer; or\nis directed by the trainee’s or unlicensed person’s employer to directly supervise the trainee or unlicensed person.\nA licensee contravenes subsection (1) if the licensee fails to have regard to a guideline that is relevant to licensees directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work.\n(sec.59-ssec.1) If a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work or an unlicensed person carrying out drainage work under section 58 (1) (b) or (c) , the licensee must— provide direction to the trainee or unlicensed person on how to carry out the work; and ensure the work complies with this Act. Maximum penalty—100 penalty units.\n(sec.59-ssec.2) For subsection (1) , a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work, or an unlicensed person carrying out drainage work, if the licensee— is the trainee’s or unlicensed person’s employer; or is directed by the trainee’s or unlicensed person’s employer to directly supervise the trainee or unlicensed person.\n(sec.59-ssec.3) A licensee contravenes subsection (1) if the licensee fails to have regard to a guideline that is relevant to licensees directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work.\n- (a) provide direction to the trainee or unlicensed person on how to carry out the work; and\n- (b) ensure the work complies with this Act.\n- (a) is the trainee’s or unlicensed person’s employer; or\n- (b) is directed by the trainee’s or unlicensed person’s employer to directly supervise the trainee or unlicensed person.","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Contravening licence conditions","content":"### sec.60 Contravening licence conditions\n\nA licensee must not contravene a condition of the licensee’s licence.\nMaximum penalty—100 penalty units.","sortOrder":75},{"sectionNumber":"sec.61","sectionType":"section","heading":"Limits on provisional licensees","content":"### sec.61 Limits on provisional licensees\n\nA provisional licensee must not carry out plumbing or drainage work under the licensee’s provisional licence unless supervised by a person who holds a licence to carry out the work.\nMaximum penalty—100 penalty units.\nThis section does not apply to plumbing or drainage work that is work mentioned in section 58 (1) (a) , (d) or (e) .\n(sec.61-ssec.1) A provisional licensee must not carry out plumbing or drainage work under the licensee’s provisional licence unless supervised by a person who holds a licence to carry out the work. Maximum penalty—100 penalty units.\n(sec.61-ssec.2) This section does not apply to plumbing or drainage work that is work mentioned in section 58 (1) (a) , (d) or (e) .","sortOrder":76},{"sectionNumber":"sec.62","sectionType":"section","heading":"Returning suspended or cancelled licence card","content":"### sec.62 Returning suspended or cancelled licence card\n\nThis section applies if—\nthe commissioner or QCAT suspends or cancels a licensee’s licence; and\nthe licensee holds a licence card.\nThe licensee must return the licence card to the commissioner within 10 business days after receiving an information notice about the suspension or cancellation, unless the licensee has a reasonable excuse.\nMaximum penalty—10 penalty units.\nIf the licence is suspended, the commissioner must return the licence card to the licensee as soon as practicable after the suspension ends.\nIn this section—\nlicensee , for a cancelled licence, means the person who was the licensee for the licence while the licence was in force.\ns 62 amd 2025 No. 28 s 13\n(sec.62-ssec.1) This section applies if— the commissioner or QCAT suspends or cancels a licensee’s licence; and the licensee holds a licence card.\n(sec.62-ssec.2) The licensee must return the licence card to the commissioner within 10 business days after receiving an information notice about the suspension or cancellation, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.62-ssec.3) If the licence is suspended, the commissioner must return the licence card to the licensee as soon as practicable after the suspension ends.\n(sec.62-ssec.4) In this section— licensee , for a cancelled licence, means the person who was the licensee for the licence while the licence was in force.\n- (a) the commissioner or QCAT suspends or cancels a licensee’s licence; and\n- (b) the licensee holds a licence card.","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Surrendering licence","content":"### sec.63 Surrendering licence\n\nA licensee may surrender the licensee’s licence by notice given to the commissioner.\nThe surrender takes effect—\non the day the notice is given to the commissioner; or\nif a later day is stated in the notice—on the later day.\nIf the licensee holds a licence card, the licensee must return the card to the commissioner within 10 business days after the day the surrender takes effect, unless the licensee has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 63 amd 2025 No. 28 s 14\n(sec.63-ssec.1) A licensee may surrender the licensee’s licence by notice given to the commissioner.\n(sec.63-ssec.2) The surrender takes effect— on the day the notice is given to the commissioner; or if a later day is stated in the notice—on the later day.\n(sec.63-ssec.3) If the licensee holds a licence card, the licensee must return the card to the commissioner within 10 business days after the day the surrender takes effect, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units.\n- (a) on the day the notice is given to the commissioner; or\n- (b) if a later day is stated in the notice—on the later day.","sortOrder":78},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Offences about carrying out plumbing or drainage work","content":"## Offences about carrying out plumbing or drainage work","sortOrder":79},{"sectionNumber":"sec.64","sectionType":"section","heading":"Complying with code requirements for plumbing and drainage work","content":"### sec.64 Complying with code requirements for plumbing and drainage work\n\nA person who carries out plumbing or drainage work must ensure the work complies with the code requirements for the work.\nMaximum penalty—100 penalty units.\nA person who prepares a plan for plumbing or drainage work must ensure the plan complies with the code requirements for the work.\nMaximum penalty—100 penalty units.\nIt is irrelevant for an offence against subsection (1) or (2) whether a permit was issued for the plumbing or drainage work.\nSee sections 9 and 46 .\n(sec.64-ssec.1) A person who carries out plumbing or drainage work must ensure the work complies with the code requirements for the work. Maximum penalty—100 penalty units.\n(sec.64-ssec.2) A person who prepares a plan for plumbing or drainage work must ensure the plan complies with the code requirements for the work. Maximum penalty—100 penalty units.\n(sec.64-ssec.3) It is irrelevant for an offence against subsection (1) or (2) whether a permit was issued for the plumbing or drainage work. See sections 9 and 46 .","sortOrder":80},{"sectionNumber":"sec.65","sectionType":"section","heading":"Installing things as part of plumbing or drainage work","content":"### sec.65 Installing things as part of plumbing or drainage work\n\nA person must not install, as part of plumbing or drainage work, a thing unless the thing is—\na WaterMark product that—\ncomplies with the code requirements for plumbing or drainage work; and\nis not a prohibited WaterMark product; or\nif the thing is all or part of a secondary on-site sewage treatment plant—a thing for which a treatment plant approval has been granted; or\nif the thing is all or part of an on-site sewage treatment plant other than a secondary on-site sewage treatment plant—a thing that complies with the code requirements for plumbing or drainage work; or\nseptic tank\nan environmentally relevant on-site sewage facility; or\nif the thing is all or part of a greywater treatment plant—\na thing for which a treatment plant approval has been granted; or\na thing used to treat greywater for a use prescribed under section 79 (5) (b) ; or\na thing prescribed by regulation as a thing that is approved for installation as plumbing or drainage.\nMaximum penalty—100 penalty units.\nIn this section—\nsecondary on-site sewage treatment plant means an on-site sewage treatment plant that produces effluent of a quality equal to or higher than secondary quality effluent.\nsecondary quality effluent see the Queensland Plumbing and Wastewater Code.\ns 65 amd 2022 No. 11 s 43\n(sec.65-ssec.1) A person must not install, as part of plumbing or drainage work, a thing unless the thing is— a WaterMark product that— complies with the code requirements for plumbing or drainage work; and is not a prohibited WaterMark product; or if the thing is all or part of a secondary on-site sewage treatment plant—a thing for which a treatment plant approval has been granted; or if the thing is all or part of an on-site sewage treatment plant other than a secondary on-site sewage treatment plant—a thing that complies with the code requirements for plumbing or drainage work; or septic tank an environmentally relevant on-site sewage facility; or if the thing is all or part of a greywater treatment plant— a thing for which a treatment plant approval has been granted; or a thing used to treat greywater for a use prescribed under section 79 (5) (b) ; or a thing prescribed by regulation as a thing that is approved for installation as plumbing or drainage. Maximum penalty—100 penalty units.\n(sec.65-ssec.2) In this section— secondary on-site sewage treatment plant means an on-site sewage treatment plant that produces effluent of a quality equal to or higher than secondary quality effluent. secondary quality effluent see the Queensland Plumbing and Wastewater Code.\n- (a) a WaterMark product that— (i) complies with the code requirements for plumbing or drainage work; and (ii) is not a prohibited WaterMark product; or\n- (i) complies with the code requirements for plumbing or drainage work; and\n- (ii) is not a prohibited WaterMark product; or\n- (b) if the thing is all or part of a secondary on-site sewage treatment plant—a thing for which a treatment plant approval has been granted; or\n- (c) if the thing is all or part of an on-site sewage treatment plant other than a secondary on-site sewage treatment plant—a thing that complies with the code requirements for plumbing or drainage work; or Example— septic tank\n- (d) an environmentally relevant on-site sewage facility; or\n- (e) if the thing is all or part of a greywater treatment plant— (i) a thing for which a treatment plant approval has been granted; or (ii) a thing used to treat greywater for a use prescribed under section 79 (5) (b) ; or\n- (i) a thing for which a treatment plant approval has been granted; or\n- (ii) a thing used to treat greywater for a use prescribed under section 79 (5) (b) ; or\n- (f) a thing prescribed by regulation as a thing that is approved for installation as plumbing or drainage.\n- (i) complies with the code requirements for plumbing or drainage work; and\n- (ii) is not a prohibited WaterMark product; or\n- (i) a thing for which a treatment plant approval has been granted; or\n- (ii) a thing used to treat greywater for a use prescribed under section 79 (5) (b) ; or","sortOrder":81},{"sectionNumber":"sec.66","sectionType":"section","heading":"Permit required for permit work","content":"### sec.66 Permit required for permit work\n\nA person must not carry out permit work unless—\na permit has been issued for the work; and\nthe person carries out the work in compliance with the permit and any conditions of the permit.\nMaximum penalty—250 penalty units.\nA person must not direct another person to carry out permit work unless a permit has been issued for the work.\nMaximum penalty—250 penalty units.\nIn a proceeding for an offence against subsection (2) , it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the work the person is directing another person to carry out is permit work.\n(sec.66-ssec.1) A person must not carry out permit work unless— a permit has been issued for the work; and the person carries out the work in compliance with the permit and any conditions of the permit. Maximum penalty—250 penalty units.\n(sec.66-ssec.2) A person must not direct another person to carry out permit work unless a permit has been issued for the work. Maximum penalty—250 penalty units.\n(sec.66-ssec.3) In a proceeding for an offence against subsection (2) , it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the work the person is directing another person to carry out is permit work.\n- (a) a permit has been issued for the work; and\n- (b) the person carries out the work in compliance with the permit and any conditions of the permit.","sortOrder":82},{"sectionNumber":"sec.67","sectionType":"section","heading":"Directing persons to carry out non-compliant work","content":"### sec.67 Directing persons to carry out non-compliant work\n\nA person must not direct another person to carry out plumbing or drainage work in a way that does not comply with the code requirements for the work.\nMaximum penalty—100 penalty units.\nIn a proceeding for an offence against subsection (1) , it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the way in which the person is directing another person to carry out plumbing or drainage work does not comply with the code requirements for the work.\nA person must not direct another person to install, as part of plumbing or drainage work, a thing unless the thing is a thing mentioned in section 65 (1) (a) to (f) .\nMaximum penalty—100 penalty units.\nIn a proceeding for an offence against subsection (3) , it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the thing the person is directing another person to install, as part of plumbing or drainage work, is not a thing mentioned in section 65 (1) (a) to (f) .\nSee sections 9 and 46 .\n(sec.67-ssec.1) A person must not direct another person to carry out plumbing or drainage work in a way that does not comply with the code requirements for the work. Maximum penalty—100 penalty units.\n(sec.67-ssec.2) In a proceeding for an offence against subsection (1) , it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the way in which the person is directing another person to carry out plumbing or drainage work does not comply with the code requirements for the work.\n(sec.67-ssec.3) A person must not direct another person to install, as part of plumbing or drainage work, a thing unless the thing is a thing mentioned in section 65 (1) (a) to (f) . Maximum penalty—100 penalty units.\n(sec.67-ssec.4) In a proceeding for an offence against subsection (3) , it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the thing the person is directing another person to install, as part of plumbing or drainage work, is not a thing mentioned in section 65 (1) (a) to (f) .","sortOrder":83},{"sectionNumber":"sec.68","sectionType":"section","heading":"Polluting water service provider’s water service or sewerage service provider’s sewerage system","content":"### sec.68 Polluting water service provider’s water service or sewerage service provider’s sewerage system\n\nIn carrying out plumbing work, a person must not do anything likely to pollute water in a water service provider’s water service.\nMaximum penalty—250 penalty units.\nIn carrying out drainage work, a person must not do anything likely to pollute a sewerage service provider’s sewerage system.\nMaximum penalty—250 penalty units.\n(sec.68-ssec.1) In carrying out plumbing work, a person must not do anything likely to pollute water in a water service provider’s water service. Maximum penalty—250 penalty units.\n(sec.68-ssec.2) In carrying out drainage work, a person must not do anything likely to pollute a sewerage service provider’s sewerage system. Maximum penalty—250 penalty units.","sortOrder":84},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Offences about use restrictions","content":"## Offences about use restrictions","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"Using plumbing or drainage before inspection certificate or final inspection certificate issued for permit work","content":"### sec.69 Using plumbing or drainage before inspection certificate or final inspection certificate issued for permit work\n\nA person must not use plumbing or drainage that is the result of permit work, unless an inspection certificate or final inspection certificate has been issued for the permit work stating—\nthe work the subject of the certificate is compliant; and\nthe plumbing or drainage resulting from work the subject of the certificate is operational and fit for use.\nA permit is given to a plumber for permit work for a new house. After inspecting the permit work for the ensuite, an inspector gives the plumber an inspection certificate for the work stating the plumbing work and drainage work for the ensuite is compliant and the toilet, shower and basin are operational and fit for use. A person does not contravene this section if the person uses the toilet, shower or basin in the ensuite after the inspection certificate is given.\nWhen the remainder of the permit work for the house is completed and after inspecting the work, an inspector gives the plumber a final inspection certificate for the work stating all the plumbing work and drainage work for the house is compliant and all the plumbing and drainage is operational and fit for use. A person does not contravene this section if the person uses a toilet, shower, basin, sink or any other plumbing or drainage that is the result of the permit work after the final inspection certificate is given.\nMaximum penalty—250 penalty units.\nFor subsection (1) , plumbing or drainage work is compliant if the work complies with the matters prescribed by regulation.\nThis section does not apply to the following persons when testing the functionality of the plumbing or drainage, or checking the operation of a water supply system to confirm the system is operational and fit for use and that the apparatus installed in the system are functioning correctly—\na licensee carrying out the permit work;\na licensee supervising the carrying out of the permit work;\nan inspector.\n(sec.69-ssec.1) A person must not use plumbing or drainage that is the result of permit work, unless an inspection certificate or final inspection certificate has been issued for the permit work stating— the work the subject of the certificate is compliant; and the plumbing or drainage resulting from work the subject of the certificate is operational and fit for use. A permit is given to a plumber for permit work for a new house. After inspecting the permit work for the ensuite, an inspector gives the plumber an inspection certificate for the work stating the plumbing work and drainage work for the ensuite is compliant and the toilet, shower and basin are operational and fit for use. A person does not contravene this section if the person uses the toilet, shower or basin in the ensuite after the inspection certificate is given. When the remainder of the permit work for the house is completed and after inspecting the work, an inspector gives the plumber a final inspection certificate for the work stating all the plumbing work and drainage work for the house is compliant and all the plumbing and drainage is operational and fit for use. A person does not contravene this section if the person uses a toilet, shower, basin, sink or any other plumbing or drainage that is the result of the permit work after the final inspection certificate is given. Maximum penalty—250 penalty units.\n(sec.69-ssec.2) For subsection (1) , plumbing or drainage work is compliant if the work complies with the matters prescribed by regulation.\n(sec.69-ssec.3) This section does not apply to the following persons when testing the functionality of the plumbing or drainage, or checking the operation of a water supply system to confirm the system is operational and fit for use and that the apparatus installed in the system are functioning correctly— a licensee carrying out the permit work; a licensee supervising the carrying out of the permit work; an inspector.\n- (a) the work the subject of the certificate is compliant; and\n- (b) the plumbing or drainage resulting from work the subject of the certificate is operational and fit for use.\n- (a) a licensee carrying out the permit work;\n- (b) a licensee supervising the carrying out of the permit work;\n- (c) an inspector.","sortOrder":86},{"sectionNumber":"sec.70","sectionType":"section","heading":"Owner’s obligation for operating and maintaining plumbing and drainage","content":"### sec.70 Owner’s obligation for operating and maintaining plumbing and drainage\n\nThe owner of premises must take all reasonable steps to ensure all plumbing and drainage on the premises is kept in good condition and operates properly.\nMaximum penalty—250 penalty units.\nIf a permit has been issued for permit work for plumbing or drainage on premises, the owner of the premises must ensure the plumbing or drainage is operated and maintained in compliance with the conditions of the permit.\nMaximum penalty—250 penalty units.\n(sec.70-ssec.1) The owner of premises must take all reasonable steps to ensure all plumbing and drainage on the premises is kept in good condition and operates properly. Maximum penalty—250 penalty units.\n(sec.70-ssec.2) If a permit has been issued for permit work for plumbing or drainage on premises, the owner of the premises must ensure the plumbing or drainage is operated and maintained in compliance with the conditions of the permit. Maximum penalty—250 penalty units.","sortOrder":87},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Prohibitions on removing or tampering with particular devices","content":"## Prohibitions on removing or tampering with particular devices","sortOrder":88},{"sectionNumber":"sec.71","sectionType":"section","heading":"Backflow prevention devices","content":"### sec.71 Backflow prevention devices\n\nUnless authorised under this Act or another Act, a person must not—\nremove a backflow prevention device installed at premises; or\ndo anything to a backflow prevention device installed at premises that makes the device inoperable.\nMaximum penalty—250 penalty units.\n- (a) remove a backflow prevention device installed at premises; or\n- (b) do anything to a backflow prevention device installed at premises that makes the device inoperable.","sortOrder":89},{"sectionNumber":"sec.72","sectionType":"section","heading":"Temperature control devices","content":"### sec.72 Temperature control devices\n\nUnless authorised under this Act or another Act, a person must not—\nremove a temperature control device installed at premises; or\ndo anything to a temperature control device installed at premises that makes the device inoperable.\nMaximum penalty—250 penalty units.\nIn this section—\ntemperature control device means—\na mixing valve that automatically controls the temperature from a mixed water outlet to a preselected temperature using a thermostatic element or sensor; or\na mixing valve that is temperature activated and used to control a hot water supply with cold water to deliver hot water at a lower temperature at 1 or more outlet fixtures; or\nanother device installed to deliver hot water at a lower temperature at 1 or more outlet fixtures.\n(sec.72-ssec.1) Unless authorised under this Act or another Act, a person must not— remove a temperature control device installed at premises; or do anything to a temperature control device installed at premises that makes the device inoperable. Maximum penalty—250 penalty units.\n(sec.72-ssec.2) In this section— temperature control device means— a mixing valve that automatically controls the temperature from a mixed water outlet to a preselected temperature using a thermostatic element or sensor; or a mixing valve that is temperature activated and used to control a hot water supply with cold water to deliver hot water at a lower temperature at 1 or more outlet fixtures; or another device installed to deliver hot water at a lower temperature at 1 or more outlet fixtures.\n- (a) remove a temperature control device installed at premises; or\n- (b) do anything to a temperature control device installed at premises that makes the device inoperable.\n- (a) a mixing valve that automatically controls the temperature from a mixed water outlet to a preselected temperature using a thermostatic element or sensor; or\n- (b) a mixing valve that is temperature activated and used to control a hot water supply with cold water to deliver hot water at a lower temperature at 1 or more outlet fixtures; or\n- (c) another device installed to deliver hot water at a lower temperature at 1 or more outlet fixtures.","sortOrder":90},{"sectionNumber":"sec.73","sectionType":"section","heading":"Tampering with water meter","content":"### sec.73 Tampering with water meter\n\nA person must not tamper with a water meter.\nMaximum penalty—250 penalty units.\nIn this section—\ntamper , with a water meter, includes tamper with the plumbing associated with the water meter in a way that may hinder the capacity of the meter to accurately measure the volume of water supplied to premises.\n(sec.73-ssec.1) A person must not tamper with a water meter. Maximum penalty—250 penalty units.\n(sec.73-ssec.2) In this section— tamper , with a water meter, includes tamper with the plumbing associated with the water meter in a way that may hinder the capacity of the meter to accurately measure the volume of water supplied to premises.","sortOrder":91},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Discharge and disposal offences","content":"## Discharge and disposal offences","sortOrder":92},{"sectionNumber":"sec.74","sectionType":"section","heading":"Discharging toilet waste and water","content":"### sec.74 Discharging toilet waste and water\n\nThe owner of premises must ensure waste and water from a toilet or soil fixture on the premises is discharged into—\nfor premises in a sewered area—\nthe sewerage system for the area; or\nif the premises have an on-site sewage treatment plant for which there is a treatment plant testing approval—the on-site sewage treatment plant; or\nif the premises have a holding tank for the storage of the waste and water from a toilet or soil fixture on the premises installed under a permit and the period stated in the permit has not ended—the holding tank; or\nfor other premises—\nan on-site sewage facility; or\nan environmentally relevant on-site sewage facility.\nMaximum penalty—250 penalty units.\nIn this section—\nsoil fixture see the glossary.\ntoilet includes a bidet.\ns 74 amd 2022 No. 11 s 44\n(sec.74-ssec.1) The owner of premises must ensure waste and water from a toilet or soil fixture on the premises is discharged into— for premises in a sewered area— the sewerage system for the area; or if the premises have an on-site sewage treatment plant for which there is a treatment plant testing approval—the on-site sewage treatment plant; or if the premises have a holding tank for the storage of the waste and water from a toilet or soil fixture on the premises installed under a permit and the period stated in the permit has not ended—the holding tank; or for other premises— an on-site sewage facility; or an environmentally relevant on-site sewage facility. Maximum penalty—250 penalty units.\n(sec.74-ssec.2) In this section— soil fixture see the glossary. toilet includes a bidet.\n- (a) for premises in a sewered area— (i) the sewerage system for the area; or (ii) if the premises have an on-site sewage treatment plant for which there is a treatment plant testing approval—the on-site sewage treatment plant; or (iii) if the premises have a holding tank for the storage of the waste and water from a toilet or soil fixture on the premises installed under a permit and the period stated in the permit has not ended—the holding tank; or\n- (i) the sewerage system for the area; or\n- (ii) if the premises have an on-site sewage treatment plant for which there is a treatment plant testing approval—the on-site sewage treatment plant; or\n- (iii) if the premises have a holding tank for the storage of the waste and water from a toilet or soil fixture on the premises installed under a permit and the period stated in the permit has not ended—the holding tank; or\n- (b) for other premises— (i) an on-site sewage facility; or (ii) an environmentally relevant on-site sewage facility.\n- (i) an on-site sewage facility; or\n- (ii) an environmentally relevant on-site sewage facility.\n- (i) the sewerage system for the area; or\n- (ii) if the premises have an on-site sewage treatment plant for which there is a treatment plant testing approval—the on-site sewage treatment plant; or\n- (iii) if the premises have a holding tank for the storage of the waste and water from a toilet or soil fixture on the premises installed under a permit and the period stated in the permit has not ended—the holding tank; or\n- (i) an on-site sewage facility; or\n- (ii) an environmentally relevant on-site sewage facility.","sortOrder":93},{"sectionNumber":"sec.75","sectionType":"section","heading":"Permissible and prohibited discharges","content":"### sec.75 Permissible and prohibited discharges\n\nA person must not discharge waste into an on-site sewage facility unless the waste is sewage that the facility is designed to receive.\nMaximum penalty—250 penalty units.\nA person must not discharge a prohibited substance into an on-site sewage facility.\nMaximum penalty—250 penalty units.\nHowever, a person does not contravene subsection (2) only because the person discharges a substance that has a temperature greater than 38ºC into an on-site sewage facility if—\nthe substance was used for cooking food or cleaning; and\nthe substance is discharged into the on-site sewage facility via a fixture on the premises on which the on-site sewage facility is installed.\nIn this section—\nprohibited substance means—\na solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, an on-site sewage facility; or\nash, cinders, sand, mud, straw and shavings\nmetal, glass and plastics\npaper and plastic dishes, cups and milk containers\nrags, feathers, tar and wood\nwhole blood, paunch manure, hair and entrails\noil and grease\ncement laden waste water, including wash down from exposed aggregate concrete surfaces\na flammable or explosive solid, liquid or gaseous substance; or\nfloodwater, rainwater, stormwater, or roof water, seepage water, subsoil water and surface water; or\na substance that, given its quantity, is capable alone, or by interaction with another substance discharged into an on-site sewage facility, of—\ninhibiting or interfering with a sewage treatment process; or\ncausing damage or a hazard to an on-site sewage facility; or\ncausing a hazard for humans or animals; or\ncreating a hazard in waters into which the substance is discharged; or\ncreating a public nuisance; or\ncontaminating the environment in places where effluent or sludge from a sewage treatment plant is discharged or reused; or\na substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property\na substance having a temperature greater than—\nif the local government has approved a maximum temperature for the substance—the approved maximum temperature; or\notherwise—38ºC.\n(sec.75-ssec.1) A person must not discharge waste into an on-site sewage facility unless the waste is sewage that the facility is designed to receive. Maximum penalty—250 penalty units.\n(sec.75-ssec.2) A person must not discharge a prohibited substance into an on-site sewage facility. Maximum penalty—250 penalty units.\n(sec.75-ssec.3) However, a person does not contravene subsection (2) only because the person discharges a substance that has a temperature greater than 38ºC into an on-site sewage facility if— the substance was used for cooking food or cleaning; and the substance is discharged into the on-site sewage facility via a fixture on the premises on which the on-site sewage facility is installed.\n(sec.75-ssec.4) In this section— prohibited substance means— a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, an on-site sewage facility; or ash, cinders, sand, mud, straw and shavings metal, glass and plastics paper and plastic dishes, cups and milk containers rags, feathers, tar and wood whole blood, paunch manure, hair and entrails oil and grease cement laden waste water, including wash down from exposed aggregate concrete surfaces a flammable or explosive solid, liquid or gaseous substance; or floodwater, rainwater, stormwater, or roof water, seepage water, subsoil water and surface water; or a substance that, given its quantity, is capable alone, or by interaction with another substance discharged into an on-site sewage facility, of— inhibiting or interfering with a sewage treatment process; or causing damage or a hazard to an on-site sewage facility; or causing a hazard for humans or animals; or creating a hazard in waters into which the substance is discharged; or creating a public nuisance; or contaminating the environment in places where effluent or sludge from a sewage treatment plant is discharged or reused; or a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property a substance having a temperature greater than— if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or otherwise—38ºC.\n- (a) the substance was used for cooking food or cleaning; and\n- (b) the substance is discharged into the on-site sewage facility via a fixture on the premises on which the on-site sewage facility is installed.\n- (a) a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, an on-site sewage facility; or Examples for paragraph (a) — • ash, cinders, sand, mud, straw and shavings • metal, glass and plastics • paper and plastic dishes, cups and milk containers • rags, feathers, tar and wood • whole blood, paunch manure, hair and entrails • oil and grease • cement laden waste water, including wash down from exposed aggregate concrete surfaces\n- • ash, cinders, sand, mud, straw and shavings\n- • metal, glass and plastics\n- • paper and plastic dishes, cups and milk containers\n- • rags, feathers, tar and wood\n- • whole blood, paunch manure, hair and entrails\n- • oil and grease\n- • cement laden waste water, including wash down from exposed aggregate concrete surfaces\n- (b) a flammable or explosive solid, liquid or gaseous substance; or\n- (c) floodwater, rainwater, stormwater, or roof water, seepage water, subsoil water and surface water; or\n- (d) a substance that, given its quantity, is capable alone, or by interaction with another substance discharged into an on-site sewage facility, of— (i) inhibiting or interfering with a sewage treatment process; or (ii) causing damage or a hazard to an on-site sewage facility; or (iii) causing a hazard for humans or animals; or (iv) creating a hazard in waters into which the substance is discharged; or (v) creating a public nuisance; or (vi) contaminating the environment in places where effluent or sludge from a sewage treatment plant is discharged or reused; or Example for paragraph (d) — a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property\n- (i) inhibiting or interfering with a sewage treatment process; or\n- (ii) causing damage or a hazard to an on-site sewage facility; or\n- (iii) causing a hazard for humans or animals; or\n- (iv) creating a hazard in waters into which the substance is discharged; or\n- (v) creating a public nuisance; or\n- (vi) contaminating the environment in places where effluent or sludge from a sewage treatment plant is discharged or reused; or\n- (e) a substance having a temperature greater than— (i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or (ii) otherwise—38ºC.\n- (i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or\n- (ii) otherwise—38ºC.\n- • ash, cinders, sand, mud, straw and shavings\n- • metal, glass and plastics\n- • paper and plastic dishes, cups and milk containers\n- • rags, feathers, tar and wood\n- • whole blood, paunch manure, hair and entrails\n- • oil and grease\n- • cement laden waste water, including wash down from exposed aggregate concrete surfaces\n- (i) inhibiting or interfering with a sewage treatment process; or\n- (ii) causing damage or a hazard to an on-site sewage facility; or\n- (iii) causing a hazard for humans or animals; or\n- (iv) creating a hazard in waters into which the substance is discharged; or\n- (v) creating a public nuisance; or\n- (vi) contaminating the environment in places where effluent or sludge from a sewage treatment plant is discharged or reused; or\n- (i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or\n- (ii) otherwise—38ºC.","sortOrder":94},{"sectionNumber":"sec.76","sectionType":"section","heading":"Disposing of contents of on-site sewage facility","content":"### sec.76 Disposing of contents of on-site sewage facility\n\nA person must dispose of effluent from an on-site sewage facility installed on premises only—\nif the facility is installed only for testing purposes—in a way stated in the permit for the installation of the facility; or\notherwise—\nto common effluent drainage; or\nin a way stated in the permit for the installation of the facility.\nMaximum penalty—250 penalty units.\nThe person must ensure—\nthe effluent does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and\nany ponding or run-off of the effluent does not cause a danger or health risk to anyone; and\nany ponding or run-off of the effluent is contained—\nif there is a land application area for the effluent—on the land application area; or\notherwise—on the premises.\nMaximum penalty—100 penalty units.\nA person must dispose of the contents, other than effluent, of an on-site sewage facility only to a place, and in a way, stated in the permit for the installation of the facility.\nsludge\nMaximum penalty—250 penalty units.\nThis section does not apply to effluent or other contents removed from an on-site sewage facility for testing.\n(sec.76-ssec.1) A person must dispose of effluent from an on-site sewage facility installed on premises only— if the facility is installed only for testing purposes—in a way stated in the permit for the installation of the facility; or otherwise— to common effluent drainage; or in a way stated in the permit for the installation of the facility. Maximum penalty—250 penalty units.\n(sec.76-ssec.2) The person must ensure— the effluent does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and any ponding or run-off of the effluent does not cause a danger or health risk to anyone; and any ponding or run-off of the effluent is contained— if there is a land application area for the effluent—on the land application area; or otherwise—on the premises. Maximum penalty—100 penalty units.\n(sec.76-ssec.3) A person must dispose of the contents, other than effluent, of an on-site sewage facility only to a place, and in a way, stated in the permit for the installation of the facility. sludge Maximum penalty—250 penalty units.\n(sec.76-ssec.4) This section does not apply to effluent or other contents removed from an on-site sewage facility for testing.\n- (a) if the facility is installed only for testing purposes—in a way stated in the permit for the installation of the facility; or\n- (b) otherwise— (i) to common effluent drainage; or (ii) in a way stated in the permit for the installation of the facility.\n- (i) to common effluent drainage; or\n- (ii) in a way stated in the permit for the installation of the facility.\n- (i) to common effluent drainage; or\n- (ii) in a way stated in the permit for the installation of the facility.\n- (a) the effluent does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and\n- (b) any ponding or run-off of the effluent does not cause a danger or health risk to anyone; and\n- (c) any ponding or run-off of the effluent is contained— (i) if there is a land application area for the effluent—on the land application area; or (ii) otherwise—on the premises.\n- (i) if there is a land application area for the effluent—on the land application area; or\n- (ii) otherwise—on the premises.\n- (i) if there is a land application area for the effluent—on the land application area; or\n- (ii) otherwise—on the premises.","sortOrder":95},{"sectionNumber":"sec.77","sectionType":"section","heading":"Disposing of contents of greywater treatment plant","content":"### sec.77 Disposing of contents of greywater treatment plant\n\nA person must not dispose of the contents of a greywater treatment plant into the sewerage system for the area in which the plant is located, unless the person has the local government’s approval.\nsludge\nMaximum penalty—100 penalty units.","sortOrder":96},{"sectionNumber":"sec.78","sectionType":"section","heading":"Discharging kitchen greywater","content":"### sec.78 Discharging kitchen greywater\n\nThe owner of premises must ensure kitchen greywater from plumbing or drainage on the premises is discharged into—\nfor premises in a sewered area—\nthe sewerage system for the area; or\nif the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—the holding tank; or\nfor premises not in a sewered area—\na greywater use facility that includes a greywater treatment plant; or\nan on-site sewage facility; or\nan environmentally relevant on-site sewage facility.\nMaximum penalty—250 penalty units.\nIf the premises are not in a sewered area, the owner of the premises must ensure—\nthe greywater does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and\nany ponding or run-off of the greywater does not cause a danger or health risk to anyone; and\nany ponding or run-off of the greywater is contained—\nif there is a land application area for the greywater—on the land application area; or\notherwise—on the premises.\nMaximum penalty—100 penalty units.\ns 78 amd 2022 No. 11 s 45\n(sec.78-ssec.1) The owner of premises must ensure kitchen greywater from plumbing or drainage on the premises is discharged into— for premises in a sewered area— the sewerage system for the area; or if the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—the holding tank; or for premises not in a sewered area— a greywater use facility that includes a greywater treatment plant; or an on-site sewage facility; or an environmentally relevant on-site sewage facility. Maximum penalty—250 penalty units.\n(sec.78-ssec.2) If the premises are not in a sewered area, the owner of the premises must ensure— the greywater does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and any ponding or run-off of the greywater does not cause a danger or health risk to anyone; and any ponding or run-off of the greywater is contained— if there is a land application area for the greywater—on the land application area; or otherwise—on the premises. Maximum penalty—100 penalty units.\n- (a) for premises in a sewered area— (i) the sewerage system for the area; or (ii) if the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—the holding tank; or\n- (i) the sewerage system for the area; or\n- (ii) if the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—the holding tank; or\n- (b) for premises not in a sewered area— (i) a greywater use facility that includes a greywater treatment plant; or (ii) an on-site sewage facility; or (iii) an environmentally relevant on-site sewage facility.\n- (i) a greywater use facility that includes a greywater treatment plant; or\n- (ii) an on-site sewage facility; or\n- (iii) an environmentally relevant on-site sewage facility.\n- (i) the sewerage system for the area; or\n- (ii) if the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—the holding tank; or\n- (i) a greywater use facility that includes a greywater treatment plant; or\n- (ii) an on-site sewage facility; or\n- (iii) an environmentally relevant on-site sewage facility.\n- (a) the greywater does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and\n- (b) any ponding or run-off of the greywater does not cause a danger or health risk to anyone; and\n- (c) any ponding or run-off of the greywater is contained— (i) if there is a land application area for the greywater—on the land application area; or (ii) otherwise—on the premises.\n- (i) if there is a land application area for the greywater—on the land application area; or\n- (ii) otherwise—on the premises.\n- (i) if there is a land application area for the greywater—on the land application area; or\n- (ii) otherwise—on the premises.","sortOrder":97},{"sectionNumber":"sec.79","sectionType":"section","heading":"Discharging and using greywater, other than kitchen greywater","content":"### sec.79 Discharging and using greywater, other than kitchen greywater\n\nThis section applies to greywater, other than kitchen greywater, from plumbing and drainage on premises.\nThe owner of the premises must ensure—\nthe greywater does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and\nany ponding or run-off of the greywater does not cause a danger or health risk to anyone; and\nany ponding or run-off of the greywater is contained—\nif there is a land application area for the greywater—on the land application area; or\notherwise—on the premises.\nMaximum penalty—100 penalty units.\nIf the premises are in a sewered area, the owner of the premises must ensure the greywater is discharged—\ninto a greywater use facility; or\nonto a garden or lawn on the premises using a hose or bucket; or\ninto the sewerage system for the area; or\nif the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—into the holding tank.\nMaximum penalty—250 penalty units.\nIf the premises are not in a sewered area, the owner of the premises must ensure the greywater is discharged—\ninto a greywater use facility; or\nonto a garden or lawn on the premises using a hose or bucket; or\ninto an on-site sewage facility; or\ninto an environmentally relevant on-site sewage facility.\nMaximum penalty—250 penalty units.\nAlso, the owner of premises in a sewered area must ensure the greywater is used on the premises only for—\nif the greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises for which a treatment plant approval has been granted—\nwashing a vehicle, path or exterior wall of the premises; or\nflushing a toilet; or\nsupplying cold water to a washing machine; or\nsupplying a closed loop laundry system; or\nirrigating a garden or lawn; or\na use prescribed by regulation but only if—\nthe greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises; and\nthe plant meets the capacity prescribed by regulation; and\nthe greywater is treated to the standard prescribed by regulation; and\nthe use, greywater, facility or plant meet other requirements prescribed by regulation; or\notherwise—irrigating a garden or lawn.\nMaximum penalty—250 penalty units.\ns 79 amd 2022 No. 11 s 46\n(sec.79-ssec.1) This section applies to greywater, other than kitchen greywater, from plumbing and drainage on premises.\n(sec.79-ssec.2) The owner of the premises must ensure— the greywater does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and any ponding or run-off of the greywater does not cause a danger or health risk to anyone; and any ponding or run-off of the greywater is contained— if there is a land application area for the greywater—on the land application area; or otherwise—on the premises. Maximum penalty—100 penalty units.\n(sec.79-ssec.3) If the premises are in a sewered area, the owner of the premises must ensure the greywater is discharged— into a greywater use facility; or onto a garden or lawn on the premises using a hose or bucket; or into the sewerage system for the area; or if the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—into the holding tank. Maximum penalty—250 penalty units.\n(sec.79-ssec.4) If the premises are not in a sewered area, the owner of the premises must ensure the greywater is discharged— into a greywater use facility; or onto a garden or lawn on the premises using a hose or bucket; or into an on-site sewage facility; or into an environmentally relevant on-site sewage facility. Maximum penalty—250 penalty units.\n(sec.79-ssec.5) Also, the owner of premises in a sewered area must ensure the greywater is used on the premises only for— if the greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises for which a treatment plant approval has been granted— washing a vehicle, path or exterior wall of the premises; or flushing a toilet; or supplying cold water to a washing machine; or supplying a closed loop laundry system; or irrigating a garden or lawn; or a use prescribed by regulation but only if— the greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises; and the plant meets the capacity prescribed by regulation; and the greywater is treated to the standard prescribed by regulation; and the use, greywater, facility or plant meet other requirements prescribed by regulation; or otherwise—irrigating a garden or lawn. Maximum penalty—250 penalty units.\n- (a) the greywater does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and\n- (b) any ponding or run-off of the greywater does not cause a danger or health risk to anyone; and\n- (c) any ponding or run-off of the greywater is contained— (i) if there is a land application area for the greywater—on the land application area; or (ii) otherwise—on the premises.\n- (i) if there is a land application area for the greywater—on the land application area; or\n- (ii) otherwise—on the premises.\n- (i) if there is a land application area for the greywater—on the land application area; or\n- (ii) otherwise—on the premises.\n- (a) into a greywater use facility; or\n- (b) onto a garden or lawn on the premises using a hose or bucket; or\n- (c) into the sewerage system for the area; or\n- (d) if the premises have a holding tank for the storage of the greywater installed under a permit and the period stated in the permit has not ended—into the holding tank.\n- (a) into a greywater use facility; or\n- (b) onto a garden or lawn on the premises using a hose or bucket; or\n- (c) into an on-site sewage facility; or\n- (d) into an environmentally relevant on-site sewage facility.\n- (a) if the greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises for which a treatment plant approval has been granted— (i) washing a vehicle, path or exterior wall of the premises; or (ii) flushing a toilet; or (iii) supplying cold water to a washing machine; or (iv) supplying a closed loop laundry system; or (v) irrigating a garden or lawn; or\n- (i) washing a vehicle, path or exterior wall of the premises; or\n- (ii) flushing a toilet; or\n- (iii) supplying cold water to a washing machine; or\n- (iv) supplying a closed loop laundry system; or\n- (v) irrigating a garden or lawn; or\n- (b) a use prescribed by regulation but only if— (i) the greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises; and (ii) the plant meets the capacity prescribed by regulation; and (iii) the greywater is treated to the standard prescribed by regulation; and (iv) the use, greywater, facility or plant meet other requirements prescribed by regulation; or\n- (i) the greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises; and\n- (ii) the plant meets the capacity prescribed by regulation; and\n- (iii) the greywater is treated to the standard prescribed by regulation; and\n- (iv) the use, greywater, facility or plant meet other requirements prescribed by regulation; or\n- (c) otherwise—irrigating a garden or lawn.\n- (i) washing a vehicle, path or exterior wall of the premises; or\n- (ii) flushing a toilet; or\n- (iii) supplying cold water to a washing machine; or\n- (iv) supplying a closed loop laundry system; or\n- (v) irrigating a garden or lawn; or\n- (i) the greywater is discharged into a greywater use facility that includes a greywater treatment plant installed on the premises; and\n- (ii) the plant meets the capacity prescribed by regulation; and\n- (iii) the greywater is treated to the standard prescribed by regulation; and\n- (iv) the use, greywater, facility or plant meet other requirements prescribed by regulation; or","sortOrder":98},{"sectionNumber":"sec.80","sectionType":"section","heading":"Stormwater installation not to be connected to on-site sewage facility or sanitary drain","content":"### sec.80 Stormwater installation not to be connected to on-site sewage facility or sanitary drain\n\nThe owner of premises must not allow any part of a stormwater installation for the premises to be connected to—\nan on-site sewage facility; or\na sanitary drain.\nMaximum penalty—250 penalty units.\nIf an owner of premises becomes aware that a part of a stormwater installation for the premises is connected to an on-site sewage facility or sanitary drain, the owner must take all necessary steps to disconnect the stormwater installation from the facility or drain as soon as practicable.\nMaximum penalty—250 penalty units.\nIn this section—\nstormwater installation , for premises—\nmeans roof gutters, downpipes, subsoil drains and stormwater drainage for the premises; but\ndoes not include any part of a local government’s stormwater drainage.\n(sec.80-ssec.1) The owner of premises must not allow any part of a stormwater installation for the premises to be connected to— an on-site sewage facility; or a sanitary drain. Maximum penalty—250 penalty units.\n(sec.80-ssec.2) If an owner of premises becomes aware that a part of a stormwater installation for the premises is connected to an on-site sewage facility or sanitary drain, the owner must take all necessary steps to disconnect the stormwater installation from the facility or drain as soon as practicable. Maximum penalty—250 penalty units.\n(sec.80-ssec.3) In this section— stormwater installation , for premises— means roof gutters, downpipes, subsoil drains and stormwater drainage for the premises; but does not include any part of a local government’s stormwater drainage.\n- (a) an on-site sewage facility; or\n- (b) a sanitary drain.\n- (a) means roof gutters, downpipes, subsoil drains and stormwater drainage for the premises; but\n- (b) does not include any part of a local government’s stormwater drainage.","sortOrder":99},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Offences relating to finishing notifiable work","content":"## Offences relating to finishing notifiable work","sortOrder":100},{"sectionNumber":"sec.81","sectionType":"section","heading":"Who is a relevant person for notifiable work","content":"### sec.81 Who is a relevant person for notifiable work\n\nA relevant person for notifiable work is—\nif the work is being carried out by or for a public sector entity or an entity mentioned in section 135 (2) —the entity; or\nif a licensed contractor supervises the carrying out of, or directs another person to carry out, the work, whether or not the contractor is also a licensee for the work—the contractor; or\nif 1 licensee supervises the carrying out of, or directs another person to carry out, the work—the licensee; or\nif 2 or more licensees jointly or separately supervise the carrying out of, or direct another person to carry out, the work—1 of the licensees; or\notherwise—the licensee who carries out the work.\n- (a) if the work is being carried out by or for a public sector entity or an entity mentioned in section 135 (2) —the entity; or\n- (b) if a licensed contractor supervises the carrying out of, or directs another person to carry out, the work, whether or not the contractor is also a licensee for the work—the contractor; or\n- (c) if 1 licensee supervises the carrying out of, or directs another person to carry out, the work—the licensee; or\n- (d) if 2 or more licensees jointly or separately supervise the carrying out of, or direct another person to carry out, the work—1 of the licensees; or\n- (e) otherwise—the licensee who carries out the work.","sortOrder":101},{"sectionNumber":"sec.82","sectionType":"section","heading":"When notifiable work is finished","content":"### sec.82 When notifiable work is finished\n\nNotifiable work is finished when—\nif payment is to be made for the work—an invoice for the work is given to the person who asked for the work to be carried out; or\notherwise—the work becomes operational.\nHowever, subsections (3) and (4) apply if notifiable work is carried out with other notifiable work as part of 1 transaction.\nIf payment is to be made for all or part of the work, any notifiable work for which payment is to be made is finished when an invoice for the work is given to the person who asked for the work to be carried out.\nA plumber gives the owner of premises a quote to carry out notifiable work for the renovation of a kitchen and a bathroom. The plumber gives the owner an invoice for the notifiable work carried out for the renovation of the bathroom before the work for the renovation of the kitchen starts. The notifiable work for the renovation of the bathroom is finished when the invoice is given.\nThe plumber later gives the owner another invoice for the notifiable work carried out for the renovation of the kitchen. The notifiable work for the renovation of the kitchen is finished when the other invoice is given.\nA plumber gives the owner of premises a quote to carry out notifiable work for the renovation of a kitchen and a bathroom. The notifiable work for the renovation of the kitchen and bathroom is finished when the plumber gives the owner an invoice for all the work.\nIf all or part of the work will be carried out free of charge, any notifiable work carried out free of charge is finished when the work becomes operational.\nA plumber proposes to carry out notifiable work for the renovation of a kitchen and bathroom for a member of the plumber’s family. The work will be carried out free of charge. The notifiable work is finished when all the work for the renovation of the kitchen and bathroom becomes operational.\n(sec.82-ssec.1) Notifiable work is finished when— if payment is to be made for the work—an invoice for the work is given to the person who asked for the work to be carried out; or otherwise—the work becomes operational.\n(sec.82-ssec.2) However, subsections (3) and (4) apply if notifiable work is carried out with other notifiable work as part of 1 transaction.\n(sec.82-ssec.3) If payment is to be made for all or part of the work, any notifiable work for which payment is to be made is finished when an invoice for the work is given to the person who asked for the work to be carried out. A plumber gives the owner of premises a quote to carry out notifiable work for the renovation of a kitchen and a bathroom. The plumber gives the owner an invoice for the notifiable work carried out for the renovation of the bathroom before the work for the renovation of the kitchen starts. The notifiable work for the renovation of the bathroom is finished when the invoice is given. The plumber later gives the owner another invoice for the notifiable work carried out for the renovation of the kitchen. The notifiable work for the renovation of the kitchen is finished when the other invoice is given. A plumber gives the owner of premises a quote to carry out notifiable work for the renovation of a kitchen and a bathroom. The notifiable work for the renovation of the kitchen and bathroom is finished when the plumber gives the owner an invoice for all the work.\n(sec.82-ssec.4) If all or part of the work will be carried out free of charge, any notifiable work carried out free of charge is finished when the work becomes operational. A plumber proposes to carry out notifiable work for the renovation of a kitchen and bathroom for a member of the plumber’s family. The work will be carried out free of charge. The notifiable work is finished when all the work for the renovation of the kitchen and bathroom becomes operational.\n- (a) if payment is to be made for the work—an invoice for the work is given to the person who asked for the work to be carried out; or\n- (b) otherwise—the work becomes operational.\n- 1 A plumber gives the owner of premises a quote to carry out notifiable work for the renovation of a kitchen and a bathroom. The plumber gives the owner an invoice for the notifiable work carried out for the renovation of the bathroom before the work for the renovation of the kitchen starts. The notifiable work for the renovation of the bathroom is finished when the invoice is given. The plumber later gives the owner another invoice for the notifiable work carried out for the renovation of the kitchen. The notifiable work for the renovation of the kitchen is finished when the other invoice is given.\n- 2 A plumber gives the owner of premises a quote to carry out notifiable work for the renovation of a kitchen and a bathroom. The notifiable work for the renovation of the kitchen and bathroom is finished when the plumber gives the owner an invoice for all the work.","sortOrder":102},{"sectionNumber":"sec.83","sectionType":"section","heading":"Action after notifiable work is finished","content":"### sec.83 Action after notifiable work is finished\n\nSubject to subsection (4) , within 10 business days after notifiable work is finished, the relevant person for the work must give the following to the commissioner, unless the person has a reasonable excuse—\na notice, in the approved form, about the work;\nthe fee prescribed by regulation for giving the notice.\nMaximum penalty—60 penalty units.\nHowever, the relevant person is not required to comply with subsection (1) if a permit has been issued for—\nthe notifiable work; or\nwork that includes the notifiable work.\nSubject to subsection (4) , within 20 business days after the notifiable work is finished, the relevant person must give a copy of the notice, and an explanatory statement, to—\nan occupier of the premises; or\nany other person who asked the relevant person to carry out the work.\nMaximum penalty—60 penalty units.\nIf the relevant person is a person mentioned in section 81 (c) , (d) or (e) , the relevant person complies with subsection (1) or (3) if the relevant person or the relevant person’s nominated representative complies with the subsection.\nThe commissioner must make a copy of the notice available to the local government.\nMaking a copy of the notice available to the local government does not, of itself, require the local government to inspect the notifiable work.\nIn this section—\nexplanatory statement , accompanying a copy of a notice given under this section, means a document that states—\nthe notice was given to the commissioner; and\nhow a person may inspect the notice; and\nthe local government may contact an occupier to arrange for the local government to inspect the work.\n(sec.83-ssec.1) Subject to subsection (4) , within 10 business days after notifiable work is finished, the relevant person for the work must give the following to the commissioner, unless the person has a reasonable excuse— a notice, in the approved form, about the work; the fee prescribed by regulation for giving the notice. Maximum penalty—60 penalty units.\n(sec.83-ssec.2) However, the relevant person is not required to comply with subsection (1) if a permit has been issued for— the notifiable work; or work that includes the notifiable work.\n(sec.83-ssec.3) Subject to subsection (4) , within 20 business days after the notifiable work is finished, the relevant person must give a copy of the notice, and an explanatory statement, to— an occupier of the premises; or any other person who asked the relevant person to carry out the work. Maximum penalty—60 penalty units.\n(sec.83-ssec.4) If the relevant person is a person mentioned in section 81 (c) , (d) or (e) , the relevant person complies with subsection (1) or (3) if the relevant person or the relevant person’s nominated representative complies with the subsection.\n(sec.83-ssec.5) The commissioner must make a copy of the notice available to the local government.\n(sec.83-ssec.6) Making a copy of the notice available to the local government does not, of itself, require the local government to inspect the notifiable work.\n(sec.83-ssec.7) In this section— explanatory statement , accompanying a copy of a notice given under this section, means a document that states— the notice was given to the commissioner; and how a person may inspect the notice; and the local government may contact an occupier to arrange for the local government to inspect the work.\n- (a) a notice, in the approved form, about the work;\n- (b) the fee prescribed by regulation for giving the notice.\n- (a) the notifiable work; or\n- (b) work that includes the notifiable work.\n- (a) an occupier of the premises; or\n- (b) any other person who asked the relevant person to carry out the work.\n- (a) the notice was given to the commissioner; and\n- (b) how a person may inspect the notice; and\n- (c) the local government may contact an occupier to arrange for the local government to inspect the work.","sortOrder":103},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Other offences","content":"## Other offences","sortOrder":104},{"sectionNumber":"sec.84","sectionType":"section","heading":"False or misleading information","content":"### sec.84 False or misleading information\n\nA person must not, in relation to the administration of this Act, give an authority information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the information in a document—\ntells the authority, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIn this section—\nauthority means—\nthe chief executive; or\nthe commissioner; or\nthe assistant commissioner; or\nthe council; or\na local government; or\nan inspector.\n(sec.84-ssec.1) A person must not, in relation to the administration of this Act, give an authority information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.84-ssec.2) Subsection (1) does not apply to a person if the person, when giving the information in a document— tells the authority, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.84-ssec.3) In this section— authority means— the chief executive; or the commissioner; or the assistant commissioner; or the council; or a local government; or an inspector.\n- (a) tells the authority, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) the chief executive; or\n- (b) the commissioner; or\n- (c) the assistant commissioner; or\n- (d) the council; or\n- (e) a local government; or\n- (f) an inspector.","sortOrder":105},{"sectionNumber":"sec.85","sectionType":"section","heading":"Misleading representation by builder, manufacturer or supplier of on-site sewage treatment plant","content":"### sec.85 Misleading representation by builder, manufacturer or supplier of on-site sewage treatment plant\n\nThis section applies to a person who builds or manufactures, or is a supplier of, an on-site sewage treatment plant.\nUnless a treatment plant approval is in force for the on-site sewage treatment plant, the person must not make a representation to another person that is to the effect that or that might reasonably suggest that—\na treatment plant approval is in force for the plant; or\nthe manufacture, installation, operation, service or maintenance of the plant complies with the conditions of a treatment plant approval.\nMaximum penalty—100 penalty units.\nIn this section—\nsupplier , of an on-site sewage treatment plant, includes a distributor or seller of on-site sewage treatment plants.\n(sec.85-ssec.1) This section applies to a person who builds or manufactures, or is a supplier of, an on-site sewage treatment plant.\n(sec.85-ssec.2) Unless a treatment plant approval is in force for the on-site sewage treatment plant, the person must not make a representation to another person that is to the effect that or that might reasonably suggest that— a treatment plant approval is in force for the plant; or the manufacture, installation, operation, service or maintenance of the plant complies with the conditions of a treatment plant approval. Maximum penalty—100 penalty units.\n(sec.85-ssec.3) In this section— supplier , of an on-site sewage treatment plant, includes a distributor or seller of on-site sewage treatment plants.\n- (a) a treatment plant approval is in force for the plant; or\n- (b) the manufacture, installation, operation, service or maintenance of the plant complies with the conditions of a treatment plant approval.","sortOrder":106},{"sectionNumber":"sec.86","sectionType":"section","heading":"False advertising or misleading representation of particular things","content":"### sec.86 False advertising or misleading representation of particular things\n\nA person must not advertise a thing as, or make a representation that a thing is, a thing mentioned in section 65 (1) (a) , (c) , (d) , (e) or (f) if it is not.\nMaximum penalty—100 penalty units.","sortOrder":107},{"sectionNumber":"sec.87","sectionType":"section","heading":"Obstructing inspector","content":"### sec.87 Obstructing inspector\n\nA person must not obstruct an inspector exercising a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an inspector, or someone helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.87-ssec.1) A person must not obstruct an inspector exercising a power under this Act, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.87-ssec.2) If a person has obstructed an inspector, or someone helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the inspector considers the person’s conduct an obstruction.\n(sec.87-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct an obstruction.","sortOrder":108},{"sectionNumber":"sec.88","sectionType":"section","heading":"Impersonating inspector","content":"### sec.88 Impersonating inspector\n\nA person must not impersonate an inspector.\nMaximum penalty—100 penalty units.","sortOrder":109},{"sectionNumber":"pt.4","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":110},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":111},{"sectionNumber":"sec.89","sectionType":"section","heading":"Proceedings for offences","content":"### sec.89 Proceedings for offences\n\nA proceeding for an offence against this Act must start within the later of the following periods to end—\n2 years after the commission of the offence;\n1 year after the offence comes to the complainant’s knowledge.\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.\n(sec.89-ssec.1) A proceeding for an offence against this Act must start within the later of the following periods to end— 2 years after the commission of the offence; 1 year after the offence comes to the complainant’s knowledge.\n(sec.89-ssec.2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.\n- (a) 2 years after the commission of the offence;\n- (b) 1 year after the offence comes to the complainant’s knowledge.","sortOrder":112},{"sectionNumber":"sec.90","sectionType":"section","heading":"Who may prosecute","content":"### sec.90 Who may prosecute\n\nA prosecution for an offence against this Act, other than a crime, may be started only by—\nthe chief executive; or\nthe commissioner; or\na person authorised in writing by the Attorney-General, the chief executive or the commissioner, either generally or in a particular case, to start the prosecution; or\nthe local government for the local government area in which the offence was allegedly committed.\nThe authorisation required by subsection (1) (c) is to be presumed in the absence of evidence to the contrary.\n(sec.90-ssec.1) A prosecution for an offence against this Act, other than a crime, may be started only by— the chief executive; or the commissioner; or a person authorised in writing by the Attorney-General, the chief executive or the commissioner, either generally or in a particular case, to start the prosecution; or the local government for the local government area in which the offence was allegedly committed.\n(sec.90-ssec.2) The authorisation required by subsection (1) (c) is to be presumed in the absence of evidence to the contrary.\n- (a) the chief executive; or\n- (b) the commissioner; or\n- (c) a person authorised in writing by the Attorney-General, the chief executive or the commissioner, either generally or in a particular case, to start the prosecution; or\n- (d) the local government for the local government area in which the offence was allegedly committed.","sortOrder":113},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":114},{"sectionNumber":"sec.91","sectionType":"section","heading":"Application of division","content":"### sec.91 Application of division\n\nThis division applies to a proceeding for an offence against this Act.","sortOrder":115},{"sectionNumber":"sec.92","sectionType":"section","heading":"Appointments and authority","content":"### sec.92 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of the chief executive, the commissioner, a member, the assistant commissioner, an investigator or an inspector;\nthe authority of the chief executive, the commissioner, a member, the assistant commissioner, an investigator or an inspector to do anything under this Act.\n- (a) the appointment of the chief executive, the commissioner, a member, the assistant commissioner, an investigator or an inspector;\n- (b) the authority of the chief executive, the commissioner, a member, the assistant commissioner, an investigator or an inspector to do anything under this Act.","sortOrder":116},{"sectionNumber":"sec.93","sectionType":"section","heading":"Signatures","content":"### sec.93 Signatures\n\nA signature purporting to be the signature of the Minister, the chief executive, the commissioner, a member, the assistant commissioner, an investigator or an inspector is evidence of the signature it purports to be.","sortOrder":117},{"sectionNumber":"sec.94","sectionType":"section","heading":"Authentication of council documents","content":"### sec.94 Authentication of council documents\n\nA document made by the council is sufficiently made if the document is signed by the assistant commissioner.","sortOrder":118},{"sectionNumber":"sec.95","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.95 Other evidentiary aids\n\nA certificate purporting to be signed by the chief executive, commissioner, chairperson or assistant commissioner and stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made, granted, given, issued or kept under this Act—\nan appointment, approval or decision;\na direction, notice or requirement;\na licence;\na record;\nthe register of licensees;\na stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) ;\non a stated day, or during a stated period, a person’s appointment as an investigator or an inspector was, or was not, in force;\non a stated day, or during a stated period, a licence—\nwas or was not in force; or\nwas or was not subject to a stated condition;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person.\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\na stated document is a copy of, or an extract from or part of—\nthe Plumbing Code of Australia; or\nthe Queensland Plumbing and Wastewater Code; or\nthe Queensland Development Code;\nan edition, version or part of a document mentioned in paragraph (a) was in force at a stated time or during a stated period.\n(sec.95-ssec.1) A certificate purporting to be signed by the chief executive, commissioner, chairperson or assistant commissioner and stating any of the following matters is evidence of the matter— a stated document is 1 of the following things made, granted, given, issued or kept under this Act— an appointment, approval or decision; a direction, notice or requirement; a licence; a record; the register of licensees; a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) ; on a stated day, or during a stated period, a person’s appointment as an investigator or an inspector was, or was not, in force; on a stated day, or during a stated period, a licence— was or was not in force; or was or was not subject to a stated condition; on a stated day, a stated person was given a stated notice or direction under this Act; on a stated day, a stated requirement was made of a stated person.\n(sec.95-ssec.2) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— a stated document is a copy of, or an extract from or part of— the Plumbing Code of Australia; or the Queensland Plumbing and Wastewater Code; or the Queensland Development Code; an edition, version or part of a document mentioned in paragraph (a) was in force at a stated time or during a stated period.\n- (a) a stated document is 1 of the following things made, granted, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a direction, notice or requirement; (iii) a licence; (iv) a record; (v) the register of licensees;\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a licence;\n- (iv) a record;\n- (v) the register of licensees;\n- (b) a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) ;\n- (c) on a stated day, or during a stated period, a person’s appointment as an investigator or an inspector was, or was not, in force;\n- (d) on a stated day, or during a stated period, a licence— (i) was or was not in force; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (e) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (f) on a stated day, a stated requirement was made of a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a licence;\n- (iv) a record;\n- (v) the register of licensees;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (a) a stated document is a copy of, or an extract from or part of— (i) the Plumbing Code of Australia; or (ii) the Queensland Plumbing and Wastewater Code; or (iii) the Queensland Development Code;\n- (i) the Plumbing Code of Australia; or\n- (ii) the Queensland Plumbing and Wastewater Code; or\n- (iii) the Queensland Development Code;\n- (b) an edition, version or part of a document mentioned in paragraph (a) was in force at a stated time or during a stated period.\n- (i) the Plumbing Code of Australia; or\n- (ii) the Queensland Plumbing and Wastewater Code; or\n- (iii) the Queensland Development Code;","sortOrder":119},{"sectionNumber":"sec.96","sectionType":"section","heading":"Conduct of representatives","content":"### sec.96 Conduct of representatives\n\nIf it is relevant to prove a person’s state of mind about particular conduct, it is enough to show—\nthe conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nConduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority, is taken to have also been engaged in by the person unless the person proves—\nthe person was not in a position to influence the representative in relation to the conduct; or\nif the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct.\nIn this section—\nengaging , in conduct, includes failing to engage in conduct.\nrepresentative means—\nfor a corporation—an agent, employee or executive officer of the corporation; or\nfor an individual—an agent or employee of the individual.\nstate of mind , of a person, includes the person’s—\nbelief, intention, knowledge, opinion or purpose; and\nreasons for the belief, intention, opinion or purpose.\n(sec.96-ssec.1) If it is relevant to prove a person’s state of mind about particular conduct, it is enough to show— the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.96-ssec.2) Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority, is taken to have also been engaged in by the person unless the person proves— the person was not in a position to influence the representative in relation to the conduct; or if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct.\n(sec.96-ssec.3) In this section— engaging , in conduct, includes failing to engage in conduct. representative means— for a corporation—an agent, employee or executive officer of the corporation; or for an individual—an agent or employee of the individual. state of mind , of a person, includes the person’s— belief, intention, knowledge, opinion or purpose; and reasons for the belief, intention, opinion or purpose.\n- (a) the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) the person was not in a position to influence the representative in relation to the conduct; or\n- (b) if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct.\n- (a) for a corporation—an agent, employee or executive officer of the corporation; or\n- (b) for an individual—an agent or employee of the individual.\n- (a) belief, intention, knowledge, opinion or purpose; and\n- (b) reasons for the belief, intention, opinion or purpose.","sortOrder":120},{"sectionNumber":"sec.97","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.97 Evidential immunity for individuals complying with particular requirements\n\nSubsection (2) applies if an individual gives the commissioner or an investigator copies of, access to, or information about a document under section 48 .\nEvidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\nSubsection (2) does not apply to—\na proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or\na proceeding against a licensee for an offence against this Act; or\na disciplinary proceeding against a licensee under part 2 , division 10 .\n(sec.97-ssec.1) Subsection (2) applies if an individual gives the commissioner or an investigator copies of, access to, or information about a document under section 48 .\n(sec.97-ssec.2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\n(sec.97-ssec.3) Subsection (2) does not apply to— a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or a proceeding against a licensee for an offence against this Act; or a disciplinary proceeding against a licensee under part 2 , division 10 .\n- (a) a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or\n- (b) a proceeding against a licensee for an offence against this Act; or\n- (c) a disciplinary proceeding against a licensee under part 2 , division 10 .","sortOrder":121},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Payment of penalties and fines","content":"## Payment of penalties and fines","sortOrder":122},{"sectionNumber":"sec.98","sectionType":"section","heading":"Payment of particular penalties and fines","content":"### sec.98 Payment of particular penalties and fines\n\nA penalty recovered because of a proceeding for an offence against this Act for which the commissioner, or a person authorised by the commissioner, is the complainant must be paid to QBCC.\nA fine recovered because of an infringement notice for an offence against this Act, and for which QBCC is the administering authority, must be paid to QBCC.\nIn this section—\nadministering authority , for an infringement notice, see the State Penalties Enforcement Act 1999 , schedule 2 .\n(sec.98-ssec.1) A penalty recovered because of a proceeding for an offence against this Act for which the commissioner, or a person authorised by the commissioner, is the complainant must be paid to QBCC.\n(sec.98-ssec.2) A fine recovered because of an infringement notice for an offence against this Act, and for which QBCC is the administering authority, must be paid to QBCC.\n(sec.98-ssec.3) In this section— administering authority , for an infringement notice, see the State Penalties Enforcement Act 1999 , schedule 2 .","sortOrder":123},{"sectionNumber":"pt.5","sectionType":"part","heading":"Administration by QBCC","content":"# Administration by QBCC","sortOrder":124},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Functions of commissioner","content":"## Functions of commissioner","sortOrder":125},{"sectionNumber":"sec.99","sectionType":"section","heading":"Plumbing and drainage functions of commissioner","content":"### sec.99 Plumbing and drainage functions of commissioner\n\nThe commissioner has the following functions for the plumbing and drainage trade—\nadministering the licensing system under part 2 ;\nmonitoring the operation of the licensing system and, if necessary, recommending changes;\npromoting acceptable standards of competence for the plumbing and drainage trade;\nreceiving and investigating complaints about plumbing or drainage work for which a licence is required;\napproving audit programs and auditing licensees to monitor and enforce compliance with the requirements under section 83 after finishing notifiable work;\nperforming any other functions given to the commissioner under this Act or the Queensland Building and Construction Commission Act 1991 .\nFor powers of the commissioner, see the Queensland Building and Construction Commission Act 1991 , section 20J (3) .\n- (a) administering the licensing system under part 2 ;\n- (b) monitoring the operation of the licensing system and, if necessary, recommending changes;\n- (c) promoting acceptable standards of competence for the plumbing and drainage trade;\n- (d) receiving and investigating complaints about plumbing or drainage work for which a licence is required;\n- (e) approving audit programs and auditing licensees to monitor and enforce compliance with the requirements under section 83 after finishing notifiable work;\n- (f) performing any other functions given to the commissioner under this Act or the Queensland Building and Construction Commission Act 1991 . Note— For powers of the commissioner, see the Queensland Building and Construction Commission Act 1991 , section 20J (3) .","sortOrder":126},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Assistant commissioner","content":"## Assistant commissioner","sortOrder":127},{"sectionNumber":"sec.100","sectionType":"section","heading":"Appointment of assistant commissioner","content":"### sec.100 Appointment of assistant commissioner\n\nThere is an assistant commissioner for this Act.\nThe assistant commissioner is—\nappointed by the commissioner; and\nemployed under the Queensland Building and Construction Commission Act 1991 , section 29F .\n(sec.100-ssec.1) There is an assistant commissioner for this Act.\n(sec.100-ssec.2) The assistant commissioner is— appointed by the commissioner; and employed under the Queensland Building and Construction Commission Act 1991 , section 29F .\n- (a) appointed by the commissioner; and\n- (b) employed under the Queensland Building and Construction Commission Act 1991 , section 29F .","sortOrder":128},{"sectionNumber":"sec.101","sectionType":"section","heading":"Functions and powers of assistant commissioner","content":"### sec.101 Functions and powers of assistant commissioner\n\nThe assistant commissioner is responsible for—\nhelping the council perform its functions; and\nperforming a function given to the assistant commissioner under this Act or another Act.\nThe assistant commissioner has all the powers reasonably necessary for carrying out the assistant commissioner’s responsibilities.\n(sec.101-ssec.1) The assistant commissioner is responsible for— helping the council perform its functions; and performing a function given to the assistant commissioner under this Act or another Act.\n(sec.101-ssec.2) The assistant commissioner has all the powers reasonably necessary for carrying out the assistant commissioner’s responsibilities.\n- (a) helping the council perform its functions; and\n- (b) performing a function given to the assistant commissioner under this Act or another Act.","sortOrder":129},{"sectionNumber":"sec.102","sectionType":"section","heading":"Reports to the council","content":"### sec.102 Reports to the council\n\nThe chairperson or 4 members of the council may ask the assistant commissioner to give a report to the council about—\nthe administration of the licensing system under part 2 , including details of licences granted by the commissioner; or\nthe administration of part 2 , division 10 , including details of disciplinary action carried out by the commissioner; or\noffences under this Act for which the commissioner or an investigator has served an infringement notice; or\nother functions performed by the commissioner under this Act.\nThe assistant commissioner must give the report to the chairperson as soon as practicable after the request is made.\nIn this section—\nmember includes a deputy member or temporary member acting for a member.\n(sec.102-ssec.1) The chairperson or 4 members of the council may ask the assistant commissioner to give a report to the council about— the administration of the licensing system under part 2 , including details of licences granted by the commissioner; or the administration of part 2 , division 10 , including details of disciplinary action carried out by the commissioner; or offences under this Act for which the commissioner or an investigator has served an infringement notice; or other functions performed by the commissioner under this Act.\n(sec.102-ssec.2) The assistant commissioner must give the report to the chairperson as soon as practicable after the request is made.\n(sec.102-ssec.3) In this section— member includes a deputy member or temporary member acting for a member.\n- (a) the administration of the licensing system under part 2 , including details of licences granted by the commissioner; or\n- (b) the administration of part 2 , division 10 , including details of disciplinary action carried out by the commissioner; or\n- (c) offences under this Act for which the commissioner or an investigator has served an infringement notice; or\n- (d) other functions performed by the commissioner under this Act.","sortOrder":130},{"sectionNumber":"sec.103","sectionType":"section","heading":"Representation of the council at QCAT proceedings","content":"### sec.103 Representation of the council at QCAT proceedings\n\nThis section applies to a proceeding before QCAT in relation to an external review application for an internal review decision.\nThe assistant commissioner may act for the council in the proceeding.\nIn this section—\nexternal review application means an application under the Queensland Building and Construction Commission Act 1991 , section 87 .\n(sec.103-ssec.1) This section applies to a proceeding before QCAT in relation to an external review application for an internal review decision.\n(sec.103-ssec.2) The assistant commissioner may act for the council in the proceeding.\n(sec.103-ssec.3) In this section— external review application means an application under the Queensland Building and Construction Commission Act 1991 , section 87 .","sortOrder":131},{"sectionNumber":"sec.104","sectionType":"section","heading":"Delegations","content":"### sec.104 Delegations\n\nThe assistant commissioner may delegate the assistant commissioner’s functions under this Act, other than this power of delegation, to a QBCC officer.\nIn this section—\nfunction includes power.\n(sec.104-ssec.1) The assistant commissioner may delegate the assistant commissioner’s functions under this Act, other than this power of delegation, to a QBCC officer.\n(sec.104-ssec.2) In this section— function includes power.","sortOrder":132},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Service Trades Council","content":"## Service Trades Council","sortOrder":133},{"sectionNumber":"sec.105","sectionType":"section","heading":"Establishment","content":"### sec.105 Establishment\n\nThe Service Trades Council established under the repealed Act, section 5 is continued.\nUnder the Queensland Building and Construction Commission Act 1991 , section 6 (c) , the Service Trades Council constitutes part of QBCC.","sortOrder":134},{"sectionNumber":"sec.106","sectionType":"section","heading":"Functions","content":"### sec.106 Functions\n\nThe council has the following functions—\nconferring on national policy development and implementation for the plumbing and drainage trade;\nreporting to the Minister on any issue relating to the plumbing and drainage trade—\nthe Minister refers to the council; or\nthe council considers the Minister should know about;\nmaking recommendations to the commissioner about the performance of the commissioner’s functions under this Act;\nestablishing a panel of the council to assist the commissioner to effectively and efficiently perform the commissioner’s functions under part 2 , divisions 1 to 7 ;\nestablishing other panels to assist the council to effectively and efficiently perform its functions;\nreviewing decisions of the commissioner made under section 51 ;\nThe council reviews decisions under the Queensland Building and Construction Commission Act 1991 , section 86C as an internal reviewer.\nperforming other functions relating to the plumbing and drainage trade given to the council under this Act or another Act.\n- (a) conferring on national policy development and implementation for the plumbing and drainage trade;\n- (b) reporting to the Minister on any issue relating to the plumbing and drainage trade— (i) the Minister refers to the council; or (ii) the council considers the Minister should know about;\n- (i) the Minister refers to the council; or\n- (ii) the council considers the Minister should know about;\n- (c) making recommendations to the commissioner about the performance of the commissioner’s functions under this Act;\n- (d) establishing a panel of the council to assist the commissioner to effectively and efficiently perform the commissioner’s functions under part 2 , divisions 1 to 7 ;\n- (e) establishing other panels to assist the council to effectively and efficiently perform its functions;\n- (f) reviewing decisions of the commissioner made under section 51 ; Note— The council reviews decisions under the Queensland Building and Construction Commission Act 1991 , section 86C as an internal reviewer.\n- (g) performing other functions relating to the plumbing and drainage trade given to the council under this Act or another Act.\n- (i) the Minister refers to the council; or\n- (ii) the council considers the Minister should know about;","sortOrder":135},{"sectionNumber":"sec.107","sectionType":"section","heading":"Powers","content":"### sec.107 Powers\n\nThe council has the power to do all things reasonably necessary to be done for performing its functions.\nWithout limiting subsection (1) , the council has the powers given to it under this Act or another Act.\n(sec.107-ssec.1) The council has the power to do all things reasonably necessary to be done for performing its functions.\n(sec.107-ssec.2) Without limiting subsection (1) , the council has the powers given to it under this Act or another Act.","sortOrder":136},{"sectionNumber":"sec.108","sectionType":"section","heading":"Delegations","content":"### sec.108 Delegations\n\nThe council may delegate its functions under this Act, other than the following, to a QBCC officer or a panel member—\nits function of making an internal review decision for a decision of the commissioner under section 51 ;\nthis power of delegation.\nIn this section—\nfunction includes power.\n(sec.108-ssec.1) The council may delegate its functions under this Act, other than the following, to a QBCC officer or a panel member— its function of making an internal review decision for a decision of the commissioner under section 51 ; this power of delegation.\n(sec.108-ssec.2) In this section— function includes power.\n- (a) its function of making an internal review decision for a decision of the commissioner under section 51 ;\n- (b) this power of delegation.","sortOrder":137},{"sectionNumber":"sec.109","sectionType":"section","heading":"Appointing members","content":"### sec.109 Appointing members\n\nThe council consists of members appointed by the Governor in Council.\nThe Governor in Council decides the number of members.\nHowever, the membership must consist of—\nthe assistant commissioner, as a representative of QBCC; and\nat least 1 representative of—\nthe department in which this Act is administered; and\nthe department in which the Further Education and Training Act 2014 is administered; and\nthe department in which the Public Health Act 2005 is administered; and\nthe Air Conditioning and Mechanical Contractors Association of Qld Ltd ABN 45 694 735 802; and\nthe Communications, Electrical and Plumbing Union, Plumbing Division, Queensland Branch; and\nthe Institute of Plumbing Inspectors Qld Inc ABN 49 313 209 667; and\nthe Local Government Association of Queensland Ltd ACN 142 783 917; and\nthe Master Plumbers Association of Queensland Union of Employers ABN 88 820 301 638; and\nthe National Fire Industry Association Queensland Inc ABN 84 212 294 867; and\nan individual nominated as a representative of consumers by the chief executive of the department in which the Fair Trading Act 1989 is administered.\n(sec.109-ssec.1) The council consists of members appointed by the Governor in Council.\n(sec.109-ssec.2) The Governor in Council decides the number of members.\n(sec.109-ssec.3) However, the membership must consist of— the assistant commissioner, as a representative of QBCC; and at least 1 representative of— the department in which this Act is administered; and the department in which the Further Education and Training Act 2014 is administered; and the department in which the Public Health Act 2005 is administered; and the Air Conditioning and Mechanical Contractors Association of Qld Ltd ABN 45 694 735 802; and the Communications, Electrical and Plumbing Union, Plumbing Division, Queensland Branch; and the Institute of Plumbing Inspectors Qld Inc ABN 49 313 209 667; and the Local Government Association of Queensland Ltd ACN 142 783 917; and the Master Plumbers Association of Queensland Union of Employers ABN 88 820 301 638; and the National Fire Industry Association Queensland Inc ABN 84 212 294 867; and an individual nominated as a representative of consumers by the chief executive of the department in which the Fair Trading Act 1989 is administered.\n- (a) the assistant commissioner, as a representative of QBCC; and\n- (b) at least 1 representative of— (i) the department in which this Act is administered; and (ii) the department in which the Further Education and Training Act 2014 is administered; and (iii) the department in which the Public Health Act 2005 is administered; and (iv) the Air Conditioning and Mechanical Contractors Association of Qld Ltd ABN 45 694 735 802; and (v) the Communications, Electrical and Plumbing Union, Plumbing Division, Queensland Branch; and (vi) the Institute of Plumbing Inspectors Qld Inc ABN 49 313 209 667; and (vii) the Local Government Association of Queensland Ltd ACN 142 783 917; and (viii) the Master Plumbers Association of Queensland Union of Employers ABN 88 820 301 638; and (ix) the National Fire Industry Association Queensland Inc ABN 84 212 294 867; and\n- (i) the department in which this Act is administered; and\n- (ii) the department in which the Further Education and Training Act 2014 is administered; and\n- (iii) the department in which the Public Health Act 2005 is administered; and\n- (iv) the Air Conditioning and Mechanical Contractors Association of Qld Ltd ABN 45 694 735 802; and\n- (v) the Communications, Electrical and Plumbing Union, Plumbing Division, Queensland Branch; and\n- (vi) the Institute of Plumbing Inspectors Qld Inc ABN 49 313 209 667; and\n- (vii) the Local Government Association of Queensland Ltd ACN 142 783 917; and\n- (viii) the Master Plumbers Association of Queensland Union of Employers ABN 88 820 301 638; and\n- (ix) the National Fire Industry Association Queensland Inc ABN 84 212 294 867; and\n- (c) an individual nominated as a representative of consumers by the chief executive of the department in which the Fair Trading Act 1989 is administered.\n- (i) the department in which this Act is administered; and\n- (ii) the department in which the Further Education and Training Act 2014 is administered; and\n- (iii) the department in which the Public Health Act 2005 is administered; and\n- (iv) the Air Conditioning and Mechanical Contractors Association of Qld Ltd ABN 45 694 735 802; and\n- (v) the Communications, Electrical and Plumbing Union, Plumbing Division, Queensland Branch; and\n- (vi) the Institute of Plumbing Inspectors Qld Inc ABN 49 313 209 667; and\n- (vii) the Local Government Association of Queensland Ltd ACN 142 783 917; and\n- (viii) the Master Plumbers Association of Queensland Union of Employers ABN 88 820 301 638; and\n- (ix) the National Fire Industry Association Queensland Inc ABN 84 212 294 867; and","sortOrder":138},{"sectionNumber":"sec.110","sectionType":"section","heading":"Appointing deputy members","content":"### sec.110 Appointing deputy members\n\nThe Governor in Council may appoint a person (a deputy member ) to act for a member—\nin the member’s absence; or\nif the member becomes disqualified under section 112 .\nIn appointing a deputy member to act for a member mentioned in section 109 (3) (b) , the Governor in Council must appoint a person who represents the entity or interest that the member represents.\nIn acting for a member, a deputy member has the same duties, powers, protection and rights as the member but can not be appointed as chairperson or deputy chairperson.\n(sec.110-ssec.1) The Governor in Council may appoint a person (a deputy member ) to act for a member— in the member’s absence; or if the member becomes disqualified under section 112 .\n(sec.110-ssec.2) In appointing a deputy member to act for a member mentioned in section 109 (3) (b) , the Governor in Council must appoint a person who represents the entity or interest that the member represents.\n(sec.110-ssec.3) In acting for a member, a deputy member has the same duties, powers, protection and rights as the member but can not be appointed as chairperson or deputy chairperson.\n- (a) in the member’s absence; or\n- (b) if the member becomes disqualified under section 112 .","sortOrder":139},{"sectionNumber":"sec.111","sectionType":"section","heading":"Appointing temporary members","content":"### sec.111 Appointing temporary members\n\nThe Minister may appoint a person (a temporary member ) to act for a member while the member is absent on approved leave under section 119 if—\nthere is no deputy member for the member; or\nthere is a deputy member for the member but the deputy member can not act in the member’s office during the leave of absence.\nHowever, a temporary member may not be appointed to act for the chairperson or deputy chairperson.\nIn appointing a temporary member to act for a member mentioned in section 109 (3) (b) , the Minister must appoint a person who represents the entity or interest that the member represents.\nA temporary member has the same duties, powers, protection and rights as the member during the member’s leave of absence.\n(sec.111-ssec.1) The Minister may appoint a person (a temporary member ) to act for a member while the member is absent on approved leave under section 119 if— there is no deputy member for the member; or there is a deputy member for the member but the deputy member can not act in the member’s office during the leave of absence.\n(sec.111-ssec.2) However, a temporary member may not be appointed to act for the chairperson or deputy chairperson.\n(sec.111-ssec.3) In appointing a temporary member to act for a member mentioned in section 109 (3) (b) , the Minister must appoint a person who represents the entity or interest that the member represents.\n(sec.111-ssec.4) A temporary member has the same duties, powers, protection and rights as the member during the member’s leave of absence.\n- (a) there is no deputy member for the member; or\n- (b) there is a deputy member for the member but the deputy member can not act in the member’s office during the leave of absence.","sortOrder":140},{"sectionNumber":"sec.112","sectionType":"section","heading":"Disqualification as member, deputy member or temporary member","content":"### sec.112 Disqualification as member, deputy member or temporary member\n\nA person is disqualified from becoming, or continuing as, a member, deputy member or temporary member if the person—\nhas a recorded conviction, other than a spent conviction, for an indictable offence; or\nis, or has been, convicted of an offence against this Act; or\nis an insolvent under administration; or\nis disqualified from managing corporations under the Corporations Act , part 2D .6.\nAlso, a person can not become a member, deputy member or temporary member if the person does not consent to the chief executive requesting a report and other information about the person’s criminal history under section 120 .\nIn this section—\nrecorded conviction does not include a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to an indictable offence, if a conviction is not recorded for the offence.\ns 112 amd 2023 No. 23 s 247 sch 1 s 2 (3)\n(sec.112-ssec.1) A person is disqualified from becoming, or continuing as, a member, deputy member or temporary member if the person— has a recorded conviction, other than a spent conviction, for an indictable offence; or is, or has been, convicted of an offence against this Act; or is an insolvent under administration; or is disqualified from managing corporations under the Corporations Act , part 2D .6.\n(sec.112-ssec.2) Also, a person can not become a member, deputy member or temporary member if the person does not consent to the chief executive requesting a report and other information about the person’s criminal history under section 120 .\n(sec.112-ssec.3) In this section— recorded conviction does not include a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to an indictable offence, if a conviction is not recorded for the offence.\n- (a) has a recorded conviction, other than a spent conviction, for an indictable offence; or\n- (b) is, or has been, convicted of an offence against this Act; or\n- (c) is an insolvent under administration; or\n- (d) is disqualified from managing corporations under the Corporations Act , part 2D .6.","sortOrder":141},{"sectionNumber":"sec.113","sectionType":"section","heading":"Conditions of appointment","content":"### sec.113 Conditions of appointment\n\nA member or deputy member is to be paid the remuneration and allowances decided by the Governor in Council.\nFor matters not provided for by this Act, a member or deputy member holds office on the conditions decided by the Governor in Council.\n(sec.113-ssec.1) A member or deputy member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.113-ssec.2) For matters not provided for by this Act, a member or deputy member holds office on the conditions decided by the Governor in Council.","sortOrder":142},{"sectionNumber":"sec.114","sectionType":"section","heading":"Term of appointment","content":"### sec.114 Term of appointment\n\nA member or deputy member is appointed for the term, of no more than 4 years, stated in the member’s or deputy member’s instrument of appointment.\nHowever, a person’s appointment as a member or deputy member ends if, during the term of the appointment, the person becomes disqualified under section 112 .\n(sec.114-ssec.1) A member or deputy member is appointed for the term, of no more than 4 years, stated in the member’s or deputy member’s instrument of appointment.\n(sec.114-ssec.2) However, a person’s appointment as a member or deputy member ends if, during the term of the appointment, the person becomes disqualified under section 112 .","sortOrder":143},{"sectionNumber":"sec.115","sectionType":"section","heading":"Chairperson","content":"### sec.115 Chairperson\n\nThe chairperson of the council is the member appointed by the Governor in Council as the chairperson.\nA person may be appointed as the chairperson when the person is appointed as a member.\nThe chairperson holds office for the term, ending no later than the person’s term of appointment as a member, stated in the person’s instrument of appointment as chairperson.\nHowever, a person’s appointment as chairperson ends if, during the term of appointment, the person stops being a member.\n(sec.115-ssec.1) The chairperson of the council is the member appointed by the Governor in Council as the chairperson.\n(sec.115-ssec.2) A person may be appointed as the chairperson when the person is appointed as a member.\n(sec.115-ssec.3) The chairperson holds office for the term, ending no later than the person’s term of appointment as a member, stated in the person’s instrument of appointment as chairperson.\n(sec.115-ssec.4) However, a person’s appointment as chairperson ends if, during the term of appointment, the person stops being a member.","sortOrder":144},{"sectionNumber":"sec.116","sectionType":"section","heading":"Deputy chairperson","content":"### sec.116 Deputy chairperson\n\nThe deputy chairperson of the council is the member appointed by the Governor in Council as the deputy chairperson.\nA person may be appointed as the deputy chairperson when the person is appointed as a member.\nThe deputy chairperson holds office for the term, ending no later than the person’s term of appointment as a member, stated in the person’s instrument of appointment as deputy chairperson.\nHowever, a person’s appointment as deputy chairperson ends if, during the term of the appointment, the person stops being a member.\nThe deputy chairperson must act as chairperson during—\na vacancy in the office of chairperson; and\nall periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n(sec.116-ssec.1) The deputy chairperson of the council is the member appointed by the Governor in Council as the deputy chairperson.\n(sec.116-ssec.2) A person may be appointed as the deputy chairperson when the person is appointed as a member.\n(sec.116-ssec.3) The deputy chairperson holds office for the term, ending no later than the person’s term of appointment as a member, stated in the person’s instrument of appointment as deputy chairperson.\n(sec.116-ssec.4) However, a person’s appointment as deputy chairperson ends if, during the term of the appointment, the person stops being a member.\n(sec.116-ssec.5) The deputy chairperson must act as chairperson during— a vacancy in the office of chairperson; and all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n- (a) a vacancy in the office of chairperson; and\n- (b) all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.","sortOrder":145},{"sectionNumber":"sec.117","sectionType":"section","heading":"Resigning as a member","content":"### sec.117 Resigning as a member\n\nA member, deputy member or temporary member may resign by signed notice given to the Minister.\nAlso, a member may resign from the office of chairperson or deputy chairperson by signed notice given to the Minister.\nThe resignation takes effect—\non the day the notice is given; or\nif a later day is stated in the notice—on the later day.\nA member who resigns from the office of chairperson or deputy chairperson may continue to be a member.\n(sec.117-ssec.1) A member, deputy member or temporary member may resign by signed notice given to the Minister.\n(sec.117-ssec.2) Also, a member may resign from the office of chairperson or deputy chairperson by signed notice given to the Minister.\n(sec.117-ssec.3) The resignation takes effect— on the day the notice is given; or if a later day is stated in the notice—on the later day.\n(sec.117-ssec.4) A member who resigns from the office of chairperson or deputy chairperson may continue to be a member.\n- (a) on the day the notice is given; or\n- (b) if a later day is stated in the notice—on the later day.","sortOrder":146},{"sectionNumber":"sec.118","sectionType":"section","heading":"Vacating office","content":"### sec.118 Vacating office\n\nThe office of a member, deputy member or temporary member becomes vacant if the member, deputy member or temporary member—\nis disqualified under section 112 ; or\nresigns under section 117 .\nAlso, the office of a member becomes vacant if—\nthe member is absent from 3 consecutive council meetings of which appropriate notice has been given; and\nthe member does not have the council’s permission to be absent or approved leave of absence under section 119 .\n(sec.118-ssec.1) The office of a member, deputy member or temporary member becomes vacant if the member, deputy member or temporary member— is disqualified under section 112 ; or resigns under section 117 .\n(sec.118-ssec.2) Also, the office of a member becomes vacant if— the member is absent from 3 consecutive council meetings of which appropriate notice has been given; and the member does not have the council’s permission to be absent or approved leave of absence under section 119 .\n- (a) is disqualified under section 112 ; or\n- (b) resigns under section 117 .\n- (a) the member is absent from 3 consecutive council meetings of which appropriate notice has been given; and\n- (b) the member does not have the council’s permission to be absent or approved leave of absence under section 119 .","sortOrder":147},{"sectionNumber":"sec.119","sectionType":"section","heading":"Leave of absence for members","content":"### sec.119 Leave of absence for members\n\nThe Minister may approve leave of absence of 3 or more meetings for a member.\nIf the deputy chairperson is absent on approved leave, the Minister may appoint another member to act in the deputy chairperson’s office while the deputy chairperson is absent on approved leave.\n(sec.119-ssec.1) The Minister may approve leave of absence of 3 or more meetings for a member.\n(sec.119-ssec.2) If the deputy chairperson is absent on approved leave, the Minister may appoint another member to act in the deputy chairperson’s office while the deputy chairperson is absent on approved leave.","sortOrder":148},{"sectionNumber":"sec.120","sectionType":"section","heading":"Criminal history report","content":"### sec.120 Criminal history report\n\nTo help decide whether a person is a suitable person to be appointed as a member, deputy member or temporary member, the chief executive may, with the person’s written consent, ask the police commissioner for—\na written report about the person’s criminal history, if any; and\na brief description of the circumstances of any conviction mentioned in the report.\nIf the chief executive makes a request under subsection (1) , the police commissioner must comply with the request.\nThe duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe chief executive must destroy any information received under this section as soon as practicable after the information is no longer needed for the purpose for which the information was requested.\ns 120 amd 2023 No. 23 s 247 sch 1 s 31\n(sec.120-ssec.1) To help decide whether a person is a suitable person to be appointed as a member, deputy member or temporary member, the chief executive may, with the person’s written consent, ask the police commissioner for— a written report about the person’s criminal history, if any; and a brief description of the circumstances of any conviction mentioned in the report.\n(sec.120-ssec.2) If the chief executive makes a request under subsection (1) , the police commissioner must comply with the request.\n(sec.120-ssec.3) The duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.120-ssec.4) The chief executive must destroy any information received under this section as soon as practicable after the information is no longer needed for the purpose for which the information was requested.\n- (a) a written report about the person’s criminal history, if any; and\n- (b) a brief description of the circumstances of any conviction mentioned in the report.","sortOrder":149},{"sectionNumber":"sec.121","sectionType":"section","heading":"Disclosing new convictions","content":"### sec.121 Disclosing new convictions\n\nThis section applies if a person who is a member, deputy member or temporary member is convicted of an offence during the term of the person’s appointment.\nThe person must immediately give notice of the conviction to the chief executive, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe notice must include—\nthe existence of the conviction; and\nwhen the offence was committed; and\ndetails adequate to identify the offence; and\nthe sentence imposed, if any, on the person.\nThe chief executive must destroy any information received under this section as soon as practicable after the information is no longer needed for the purpose for which the information was given.\n(sec.121-ssec.1) This section applies if a person who is a member, deputy member or temporary member is convicted of an offence during the term of the person’s appointment.\n(sec.121-ssec.2) The person must immediately give notice of the conviction to the chief executive, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.121-ssec.3) The notice must include— the existence of the conviction; and when the offence was committed; and details adequate to identify the offence; and the sentence imposed, if any, on the person.\n(sec.121-ssec.4) The chief executive must destroy any information received under this section as soon as practicable after the information is no longer needed for the purpose for which the information was given.\n- (a) the existence of the conviction; and\n- (b) when the offence was committed; and\n- (c) details adequate to identify the offence; and\n- (d) the sentence imposed, if any, on the person.","sortOrder":150},{"sectionNumber":"sec.122","sectionType":"section","heading":"Criminal history is confidential","content":"### sec.122 Criminal history is confidential\n\nA person must not, directly or indirectly, disclose any information received under section 120 or 121 to another person unless the disclosure is allowed under subsection (2) .\nMaximum penalty—100 penalty units.\nThe person may make the disclosure to another person—\nto the extent necessary to perform the person’s functions under this Act; or\nfor the purpose of the other person performing a function under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure.\n(sec.122-ssec.1) A person must not, directly or indirectly, disclose any information received under section 120 or 121 to another person unless the disclosure is allowed under subsection (2) . Maximum penalty—100 penalty units.\n(sec.122-ssec.2) The person may make the disclosure to another person— to the extent necessary to perform the person’s functions under this Act; or for the purpose of the other person performing a function under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) for the purpose of the other person performing a function under this Act; or\n- (c) if the disclosure is authorised under an Act; or\n- (d) if the disclosure is otherwise required or permitted by law; or\n- (e) if the person to whom the information relates consents to the disclosure.","sortOrder":151},{"sectionNumber":"sec.123","sectionType":"section","heading":"References to members","content":"### sec.123 References to members\n\nIn this subdivision, a reference to a member includes a reference to a deputy member or temporary member acting for a member while the member is absent.","sortOrder":152},{"sectionNumber":"sec.124","sectionType":"section","heading":"Conduct of business","content":"### sec.124 Conduct of business\n\nSubject to this subdivision, the council may conduct its business, including its meetings, in the way the council considers appropriate.","sortOrder":153},{"sectionNumber":"sec.125","sectionType":"section","heading":"Times and places of meetings","content":"### sec.125 Times and places of meetings\n\nThe chairperson decides the times and places for meetings of the council.\nHowever, the chairperson must call a meeting if—\nthe Minister or at least 4 members ask the chairperson in writing to call a meeting; or\nthe assistant commissioner gives notice about an internal review application to the chairperson.\nIf the chairperson is given a notice about an internal review application, the meeting must be held at least 5 but no more than 14 business days after the chairperson is given the notice.\nThe assistant commissioner must give notice of when and where a meeting is to be held, and of the business for the meeting, to each member at least 5 business days before the day for the meeting.\nIn this section—\ninternal review application means an application to be decided by the council as an internal reviewer under the Queensland Building and Construction Commission Act 1991 , section 86C .\n(sec.125-ssec.1) The chairperson decides the times and places for meetings of the council.\n(sec.125-ssec.2) However, the chairperson must call a meeting if— the Minister or at least 4 members ask the chairperson in writing to call a meeting; or the assistant commissioner gives notice about an internal review application to the chairperson.\n(sec.125-ssec.3) If the chairperson is given a notice about an internal review application, the meeting must be held at least 5 but no more than 14 business days after the chairperson is given the notice.\n(sec.125-ssec.4) The assistant commissioner must give notice of when and where a meeting is to be held, and of the business for the meeting, to each member at least 5 business days before the day for the meeting.\n(sec.125-ssec.5) In this section— internal review application means an application to be decided by the council as an internal reviewer under the Queensland Building and Construction Commission Act 1991 , section 86C .\n- (a) the Minister or at least 4 members ask the chairperson in writing to call a meeting; or\n- (b) the assistant commissioner gives notice about an internal review application to the chairperson.","sortOrder":154},{"sectionNumber":"sec.126","sectionType":"section","heading":"Quorum","content":"### sec.126 Quorum\n\nA quorum for a meeting of the council is 4 members.","sortOrder":155},{"sectionNumber":"sec.127","sectionType":"section","heading":"Presiding at meetings","content":"### sec.127 Presiding at meetings\n\nThe chairperson must preside at all meetings of the council at which the chairperson is present.\nIf the chairperson is absent from a meeting, but the deputy chairperson is present, the deputy chairperson must preside.\nIf the chairperson and deputy chairperson are both absent from a meeting or the offices are vacant, a member chosen by the members at the meeting must preside.\n(sec.127-ssec.1) The chairperson must preside at all meetings of the council at which the chairperson is present.\n(sec.127-ssec.2) If the chairperson is absent from a meeting, but the deputy chairperson is present, the deputy chairperson must preside.\n(sec.127-ssec.3) If the chairperson and deputy chairperson are both absent from a meeting or the offices are vacant, a member chosen by the members at the meeting must preside.","sortOrder":156},{"sectionNumber":"sec.128","sectionType":"section","heading":"Conducting meetings","content":"### sec.128 Conducting meetings\n\nA question at a meeting of the council is to be decided by a majority of the votes of members at the meeting.\nEach member at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nA member who is at a meeting but abstains from voting is taken to have voted for the negative.\nA meeting may be held by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing\nA member who takes part in a meeting under subsection (4) is taken to be at the meeting.\nA resolution is validly made by the council, even if the resolution is not passed at a meeting, if—\nnotice of the resolution is given under procedures approved by the council; and\na majority of the members agree in writing to the resolution.\n(sec.128-ssec.1) A question at a meeting of the council is to be decided by a majority of the votes of members at the meeting.\n(sec.128-ssec.2) Each member at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.128-ssec.3) A member who is at a meeting but abstains from voting is taken to have voted for the negative.\n(sec.128-ssec.4) A meeting may be held by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing\n(sec.128-ssec.5) A member who takes part in a meeting under subsection (4) is taken to be at the meeting.\n(sec.128-ssec.6) A resolution is validly made by the council, even if the resolution is not passed at a meeting, if— notice of the resolution is given under procedures approved by the council; and a majority of the members agree in writing to the resolution.\n- (a) notice of the resolution is given under procedures approved by the council; and\n- (b) a majority of the members agree in writing to the resolution.","sortOrder":157},{"sectionNumber":"sec.129","sectionType":"section","heading":"Minutes","content":"### sec.129 Minutes\n\nThe council must keep—\nminutes of its meetings; and\na record of its resolutions made under section 128 (6) .\nIf asked by a member who voted against the passing of a resolution at a meeting, the council must record in the minutes of the meeting that the member voted against the resolution.\n(sec.129-ssec.1) The council must keep— minutes of its meetings; and a record of its resolutions made under section 128 (6) .\n(sec.129-ssec.2) If asked by a member who voted against the passing of a resolution at a meeting, the council must record in the minutes of the meeting that the member voted against the resolution.\n- (a) minutes of its meetings; and\n- (b) a record of its resolutions made under section 128 (6) .","sortOrder":158},{"sectionNumber":"sec.130","sectionType":"section","heading":"Establishing panels","content":"### sec.130 Establishing panels\n\nThe council must establish a panel to help the commissioner to effectively and efficiently perform the commissioner’s functions under part 2 , divisions 1 to 7 .\nThe functions of a panel established under subsection (1) are—\nadvising and making recommendations to the commissioner about any matter about the performance of the commissioner’s functions under part 2 , divisions 1 to 7 that the commissioner refers to the panel; and\nother functions the council delegates to the panel.\nThe council may establish other panels to help the council to effectively and efficiently perform its functions.\nThe functions of a panel established under subsection (3) are—\nadvising and making recommendations to the council about any matter about the performance of the council’s functions that the council refers to the panel; and\nother functions the council delegates to the panel.\n(sec.130-ssec.1) The council must establish a panel to help the commissioner to effectively and efficiently perform the commissioner’s functions under part 2 , divisions 1 to 7 .\n(sec.130-ssec.2) The functions of a panel established under subsection (1) are— advising and making recommendations to the commissioner about any matter about the performance of the commissioner’s functions under part 2 , divisions 1 to 7 that the commissioner refers to the panel; and other functions the council delegates to the panel.\n(sec.130-ssec.3) The council may establish other panels to help the council to effectively and efficiently perform its functions.\n(sec.130-ssec.4) The functions of a panel established under subsection (3) are— advising and making recommendations to the council about any matter about the performance of the council’s functions that the council refers to the panel; and other functions the council delegates to the panel.\n- (a) advising and making recommendations to the commissioner about any matter about the performance of the commissioner’s functions under part 2 , divisions 1 to 7 that the commissioner refers to the panel; and\n- (b) other functions the council delegates to the panel.\n- (a) advising and making recommendations to the council about any matter about the performance of the council’s functions that the council refers to the panel; and\n- (b) other functions the council delegates to the panel.","sortOrder":159},{"sectionNumber":"sec.131","sectionType":"section","heading":"Panel members and other matters about panels","content":"### sec.131 Panel members and other matters about panels\n\nThe council may appoint any person, including a person who is not a member, to be a member of a panel.\nA panel member is to be paid the fees and allowances decided by the Governor in Council.\nThe council must decide the terms of reference of a panel.\nThe council may decide matters about a panel that are not provided for under this Act, including, for example, the way a panel must conduct meetings.\nA panel must keep a record of the decisions the panel makes when performing a function or exercising a power delegated to the panel by the council.\n(sec.131-ssec.1) The council may appoint any person, including a person who is not a member, to be a member of a panel.\n(sec.131-ssec.2) A panel member is to be paid the fees and allowances decided by the Governor in Council.\n(sec.131-ssec.3) The council must decide the terms of reference of a panel.\n(sec.131-ssec.4) The council may decide matters about a panel that are not provided for under this Act, including, for example, the way a panel must conduct meetings.\n(sec.131-ssec.5) A panel must keep a record of the decisions the panel makes when performing a function or exercising a power delegated to the panel by the council.","sortOrder":160},{"sectionNumber":"sec.132","sectionType":"section","heading":"Disclosing interests","content":"### sec.132 Disclosing interests\n\nThis section applies if—\na member or panel member (the interested person ) has an interest in an issue being considered, or about to be considered, by the council or a panel; and\nthe interest conflicts, or may conflict, with the proper performance of the interested person’s duties about the consideration of the issue.\nAfter the interested person becomes aware of the conflict or potential conflict, the interested person must disclose the nature of the interest to a meeting of the council or panel.\nThe interested person must not be present when the council or panel considers the issue, unless the council or panel otherwise directs.\nThe interested person must not take part in a decision of the council or panel about the issue, unless the council or panel otherwise directs.\nThe interested person must not be present when the council or panel is considering whether to give a direction under subsection (3) or (4) .\nIf there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—\nbe present when the council or panel is considering whether to give a direction under subsection (3) or (4) ; or\ntake part in making the decision about giving the direction.\nSubsection (8) applies if—\nbecause of this section, the interested person is not present at a council or panel meeting for considering or deciding an issue or deciding whether to give a direction under subsection (3) or (4) ; and\nthere would be a quorum if the interested person were present.\nThe remaining members or panel members present are a quorum of the council or panel for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nA person who represents an entity under section 109 (3) (b) is not an interested person at a meeting of the council or panel only because the meeting is about another person who is a member of, or associated with, the entity.\nA disclosure under subsection (2) must be recorded in the council’s minutes or panel’s record of decisions.\n(sec.132-ssec.1) This section applies if— a member or panel member (the interested person ) has an interest in an issue being considered, or about to be considered, by the council or a panel; and the interest conflicts, or may conflict, with the proper performance of the interested person’s duties about the consideration of the issue.\n(sec.132-ssec.2) After the interested person becomes aware of the conflict or potential conflict, the interested person must disclose the nature of the interest to a meeting of the council or panel.\n(sec.132-ssec.3) The interested person must not be present when the council or panel considers the issue, unless the council or panel otherwise directs.\n(sec.132-ssec.4) The interested person must not take part in a decision of the council or panel about the issue, unless the council or panel otherwise directs.\n(sec.132-ssec.5) The interested person must not be present when the council or panel is considering whether to give a direction under subsection (3) or (4) .\n(sec.132-ssec.6) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not— be present when the council or panel is considering whether to give a direction under subsection (3) or (4) ; or take part in making the decision about giving the direction.\n(sec.132-ssec.7) Subsection (8) applies if— because of this section, the interested person is not present at a council or panel meeting for considering or deciding an issue or deciding whether to give a direction under subsection (3) or (4) ; and there would be a quorum if the interested person were present.\n(sec.132-ssec.8) The remaining members or panel members present are a quorum of the council or panel for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.132-ssec.9) A person who represents an entity under section 109 (3) (b) is not an interested person at a meeting of the council or panel only because the meeting is about another person who is a member of, or associated with, the entity.\n(sec.132-ssec.10) A disclosure under subsection (2) must be recorded in the council’s minutes or panel’s record of decisions.\n- (a) a member or panel member (the interested person ) has an interest in an issue being considered, or about to be considered, by the council or a panel; and\n- (b) the interest conflicts, or may conflict, with the proper performance of the interested person’s duties about the consideration of the issue.\n- (a) be present when the council or panel is considering whether to give a direction under subsection (3) or (4) ; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, the interested person is not present at a council or panel meeting for considering or deciding an issue or deciding whether to give a direction under subsection (3) or (4) ; and\n- (b) there would be a quorum if the interested person were present.","sortOrder":161},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Investigators","content":"## Investigators","sortOrder":162},{"sectionNumber":"sec.133","sectionType":"section","heading":"Investigator to have regard to particular guidelines","content":"### sec.133 Investigator to have regard to particular guidelines\n\nIn performing an investigator’s function, an investigator must have regard to the guidelines that are relevant to performing the function.","sortOrder":163},{"sectionNumber":"pt.6","sectionType":"part","heading":"Role of local governments","content":"# Role of local governments","sortOrder":164},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":165},{"sectionNumber":"sec.134","sectionType":"section","heading":"Local laws and local planning instruments","content":"### sec.134 Local laws and local planning instruments\n\nThis Act is not intended to exclude or limit the making of a local law or local planning instrument about plumbing or drainage work that is not inconsistent with this Act.\nThis Act prevails to the extent of any inconsistency with a local law about plumbing or drainage work. See the City of Brisbane Act 2010 , section 28 and the Local Government Act 2009 , section 27 .\nIn this section—\nlocal planning instrument see the Planning Act 2016 , section 8 (3) .\n(sec.134-ssec.1) This Act is not intended to exclude or limit the making of a local law or local planning instrument about plumbing or drainage work that is not inconsistent with this Act. This Act prevails to the extent of any inconsistency with a local law about plumbing or drainage work. See the City of Brisbane Act 2010 , section 28 and the Local Government Act 2009 , section 27 .\n(sec.134-ssec.2) In this section— local planning instrument see the Planning Act 2016 , section 8 (3) .","sortOrder":166},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Administrative matters","content":"## Administrative matters","sortOrder":167},{"sectionNumber":"sec.135","sectionType":"section","heading":"Administration by local governments and other entities","content":"### sec.135 Administration by local governments and other entities\n\nEach local government is responsible for administering this Act within its local government area.\nHowever, if an area within a local government area is not under the local government’s control, the entity that has control of the area is responsible for administering this Act within the area.\nWeipa Town Authority\nSubsection (4) applies if—\nan area within a local government area is not under the local government’s control; or\nan area next to a local government area is not part of the local government area.\nThe local government for the area may, if asked by the entity that has control of the area, administer this Act within the area.\n(sec.135-ssec.1) Each local government is responsible for administering this Act within its local government area.\n(sec.135-ssec.2) However, if an area within a local government area is not under the local government’s control, the entity that has control of the area is responsible for administering this Act within the area. Weipa Town Authority\n(sec.135-ssec.3) Subsection (4) applies if— an area within a local government area is not under the local government’s control; or an area next to a local government area is not part of the local government area.\n(sec.135-ssec.4) The local government for the area may, if asked by the entity that has control of the area, administer this Act within the area.\n- (a) an area within a local government area is not under the local government’s control; or\n- (b) an area next to a local government area is not part of the local government area.","sortOrder":168},{"sectionNumber":"sec.136","sectionType":"section","heading":"Monitoring particular greywater use facilities","content":"### sec.136 Monitoring particular greywater use facilities\n\nA regulation may prescribe the types of greywater use facilities a local government must monitor in its local government area to ensure each of the facilities—\nis operated in compliance with the permit for the installation of the facility and any conditions of the permit; and\nis not adversely affecting—\npublic health or safety; or\nthe environment.\n- (a) is operated in compliance with the permit for the installation of the facility and any conditions of the permit; and\n- (b) is not adversely affecting— (i) public health or safety; or (ii) the environment.\n- (i) public health or safety; or\n- (ii) the environment.\n- (i) public health or safety; or\n- (ii) the environment.","sortOrder":169},{"sectionNumber":"sec.137","sectionType":"section","heading":"Monitoring particular on-site sewage facilities","content":"### sec.137 Monitoring particular on-site sewage facilities\n\nA regulation may prescribe the types of on-site sewage facilities a local government must monitor in its local government area to ensure each of the facilities—\nis operated in compliance with the permit for the installation of the facility and any conditions of the permit; and\nis not adversely affecting—\npublic health or safety; or\nthe environment.\n- (a) is operated in compliance with the permit for the installation of the facility and any conditions of the permit; and\n- (b) is not adversely affecting— (i) public health or safety; or (ii) the environment.\n- (i) public health or safety; or\n- (ii) the environment.\n- (i) public health or safety; or\n- (ii) the environment.","sortOrder":170},{"sectionNumber":"sec.138","sectionType":"section","heading":"Local government to have regard to particular guidelines","content":"### sec.138 Local government to have regard to particular guidelines\n\nIn administering this Act, a local government must have regard to the guidelines that are relevant to the administration.","sortOrder":171},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Plumbing and drainage inspectors","content":"## Plumbing and drainage inspectors","sortOrder":172},{"sectionNumber":"sec.139","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.139 Appointment and qualifications\n\nA local government may appoint an authorised person as an inspector under this Act if satisfied the person has the qualifications and experience prescribed by regulation.\nAn inspector holds office subject to the conditions stated in the inspector’s instrument of appointment.\nIn this section—\nauthorised person —\nfor the Brisbane City Council—see the City of Brisbane Act 2010 , section 114 (2) ; or\nfor another local government—see the Local Government Act 2009 , section 125 (2) .\n(sec.139-ssec.1) A local government may appoint an authorised person as an inspector under this Act if satisfied the person has the qualifications and experience prescribed by regulation.\n(sec.139-ssec.2) An inspector holds office subject to the conditions stated in the inspector’s instrument of appointment.\n(sec.139-ssec.3) In this section— authorised person — for the Brisbane City Council—see the City of Brisbane Act 2010 , section 114 (2) ; or for another local government—see the Local Government Act 2009 , section 125 (2) .\n- (a) for the Brisbane City Council—see the City of Brisbane Act 2010 , section 114 (2) ; or\n- (b) for another local government—see the Local Government Act 2009 , section 125 (2) .","sortOrder":173},{"sectionNumber":"sec.140","sectionType":"section","heading":"Functions of inspectors","content":"### sec.140 Functions of inspectors\n\nAn inspector’s functions are to conduct investigations and inspections for monitoring and enforcing compliance with this Act and the following Acts in relation to plumbing or drainage on premises—\nthe City of Brisbane Act 2010 ;\nthe Local Government Act 2009 ;\nthe Planning Act 2016 .\n- (a) the City of Brisbane Act 2010 ;\n- (b) the Local Government Act 2009 ;\n- (c) the Planning Act 2016 .","sortOrder":174},{"sectionNumber":"sec.141","sectionType":"section","heading":"Inspector to have regard to particular guidelines","content":"### sec.141 Inspector to have regard to particular guidelines\n\nIn performing an inspector’s function, an inspector must have regard to the guidelines that are relevant to performing the function.","sortOrder":175},{"sectionNumber":"sec.142","sectionType":"section","heading":"Advising commissioner of appointment of inspectors","content":"### sec.142 Advising commissioner of appointment of inspectors\n\nA local government must—\nadvise the commissioner of each appointment of an inspector made by the local government; and\ngive the commissioner a list of the local government’s inspectors as at 1 July in each year within 20 business days after that day.\n- (a) advise the commissioner of each appointment of an inspector made by the local government; and\n- (b) give the commissioner a list of the local government’s inspectors as at 1 July in each year within 20 business days after that day.","sortOrder":176},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Enforcement by local governments","content":"## Enforcement by local governments","sortOrder":177},{"sectionNumber":"sec.143","sectionType":"section","heading":"When enforcement notice may be given","content":"### sec.143 When enforcement notice may be given\n\nA local government may give a notice to a person who carried out plumbing or drainage work requiring the person to take stated action if the local government reasonably believes the work does not comply with this Act, including, for example, by not complying with the code requirements for the work.\nA local government may give a notice to the owner of premises requiring the owner to take stated action if the local government reasonably believes—\nplumbing or drainage on the premises—\nis in a condition, or functions in a way, that constitutes a danger or health risk to occupiers of the premises or the public; or\nis defective and should be altered, repaired or replaced; or\ncan not deal with the sewage or greywater produced on the premises; or\nis in a condition that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; or\nfor plumbing or drainage the subject of permit work—was installed without, or not in compliance with, a permit; or\nthe premises are not in a sewered area and the absence of an on-site sewage facility on the premises constitutes a danger or health risk to occupiers of the premises or the public; or\nthe owner has contravened, or is contravening, part 3 , division 3 , 4 or 5 .\nA local government may give the owner of premises a notice requiring the owner to take stated action if the local government reasonably believes plumbing on the premises has polluted or could be polluting—\nthe water supply in the premises; or\na water service provider’s water service.\nA notice given under this section is an enforcement notice .\n(sec.143-ssec.1) A local government may give a notice to a person who carried out plumbing or drainage work requiring the person to take stated action if the local government reasonably believes the work does not comply with this Act, including, for example, by not complying with the code requirements for the work.\n(sec.143-ssec.2) A local government may give a notice to the owner of premises requiring the owner to take stated action if the local government reasonably believes— plumbing or drainage on the premises— is in a condition, or functions in a way, that constitutes a danger or health risk to occupiers of the premises or the public; or is defective and should be altered, repaired or replaced; or can not deal with the sewage or greywater produced on the premises; or is in a condition that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; or for plumbing or drainage the subject of permit work—was installed without, or not in compliance with, a permit; or the premises are not in a sewered area and the absence of an on-site sewage facility on the premises constitutes a danger or health risk to occupiers of the premises or the public; or the owner has contravened, or is contravening, part 3 , division 3 , 4 or 5 .\n(sec.143-ssec.3) A local government may give the owner of premises a notice requiring the owner to take stated action if the local government reasonably believes plumbing on the premises has polluted or could be polluting— the water supply in the premises; or a water service provider’s water service.\n(sec.143-ssec.4) A notice given under this section is an enforcement notice .\n- (a) plumbing or drainage on the premises— (i) is in a condition, or functions in a way, that constitutes a danger or health risk to occupiers of the premises or the public; or (ii) is defective and should be altered, repaired or replaced; or (iii) can not deal with the sewage or greywater produced on the premises; or (iv) is in a condition that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; or (v) for plumbing or drainage the subject of permit work—was installed without, or not in compliance with, a permit; or\n- (i) is in a condition, or functions in a way, that constitutes a danger or health risk to occupiers of the premises or the public; or\n- (ii) is defective and should be altered, repaired or replaced; or\n- (iii) can not deal with the sewage or greywater produced on the premises; or\n- (iv) is in a condition that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; or\n- (v) for plumbing or drainage the subject of permit work—was installed without, or not in compliance with, a permit; or\n- (b) the premises are not in a sewered area and the absence of an on-site sewage facility on the premises constitutes a danger or health risk to occupiers of the premises or the public; or\n- (c) the owner has contravened, or is contravening, part 3 , division 3 , 4 or 5 .\n- (i) is in a condition, or functions in a way, that constitutes a danger or health risk to occupiers of the premises or the public; or\n- (ii) is defective and should be altered, repaired or replaced; or\n- (iii) can not deal with the sewage or greywater produced on the premises; or\n- (iv) is in a condition that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; or\n- (v) for plumbing or drainage the subject of permit work—was installed without, or not in compliance with, a permit; or\n- (a) the water supply in the premises; or\n- (b) a water service provider’s water service.","sortOrder":178},{"sectionNumber":"sec.144","sectionType":"section","heading":"Show cause notice","content":"### sec.144 Show cause notice\n\nThis section applies if a local government proposes to give an enforcement notice to a person.\nUnless the enforcement notice relates to plumbing or drainage that the local government reasonably believes is a danger to persons or a risk to public health, the local government must give a notice (a show cause notice ) to the person before giving the enforcement notice.\nThe show cause notice must—\noutline the facts and circumstances forming the basis for the belief that an enforcement notice should be given to the person; and\ninvite the person to make a written submission, within a stated period of not less than 20 business days after the notice is given to the person, giving reasons why the local government should not give an enforcement notice to the person; and\nstate how to make a submission.\n(sec.144-ssec.1) This section applies if a local government proposes to give an enforcement notice to a person.\n(sec.144-ssec.2) Unless the enforcement notice relates to plumbing or drainage that the local government reasonably believes is a danger to persons or a risk to public health, the local government must give a notice (a show cause notice ) to the person before giving the enforcement notice.\n(sec.144-ssec.3) The show cause notice must— outline the facts and circumstances forming the basis for the belief that an enforcement notice should be given to the person; and invite the person to make a written submission, within a stated period of not less than 20 business days after the notice is given to the person, giving reasons why the local government should not give an enforcement notice to the person; and state how to make a submission.\n- (a) outline the facts and circumstances forming the basis for the belief that an enforcement notice should be given to the person; and\n- (b) invite the person to make a written submission, within a stated period of not less than 20 business days after the notice is given to the person, giving reasons why the local government should not give an enforcement notice to the person; and\n- (c) state how to make a submission.","sortOrder":179},{"sectionNumber":"sec.145","sectionType":"section","heading":"Use of enforcement notice","content":"### sec.145 Use of enforcement notice\n\nWithout limiting what may be required to be done under an enforcement notice, an enforcement notice may require a person to—\napply for a permit; or\ntake, or not take, stated action to ensure plumbing or drainage work complies with this Act or a permit; or\nalter, repair or replace plumbing or drainage; or\nfor an enforcement notice about plumbing polluting the water supply in premises or a water service provider’s water service—\ninstall a backflow prevention device; or\nregister a backflow prevention device that is required to be registered under a regulation; or\nhave a backflow prevention device inspected, tested and, if necessary, repaired or replaced by a person who holds a licence for the work.\nAn enforcement notice may require all or part of the plumbing or drainage resulting from plumbing or drainage work to be removed if the local government reasonably believes it is not possible or practical to take steps—\nto make the plumbing or drainage resulting from plumbing or drainage work comply with the code requirements, a permit, or any conditions of the permit, for the plumbing or drainage work; or\nif the plumbing or drainage is a danger to persons or a risk to public health—to remove the danger or risk.\nAn enforcement notice that requires plumbing or drainage work on premises to stop being carried out may be given by fixing the notice to the premises in a way that a person entering the premises would normally see the notice.\n(sec.145-ssec.1) Without limiting what may be required to be done under an enforcement notice, an enforcement notice may require a person to— apply for a permit; or take, or not take, stated action to ensure plumbing or drainage work complies with this Act or a permit; or alter, repair or replace plumbing or drainage; or for an enforcement notice about plumbing polluting the water supply in premises or a water service provider’s water service— install a backflow prevention device; or register a backflow prevention device that is required to be registered under a regulation; or have a backflow prevention device inspected, tested and, if necessary, repaired or replaced by a person who holds a licence for the work.\n(sec.145-ssec.2) An enforcement notice may require all or part of the plumbing or drainage resulting from plumbing or drainage work to be removed if the local government reasonably believes it is not possible or practical to take steps— to make the plumbing or drainage resulting from plumbing or drainage work comply with the code requirements, a permit, or any conditions of the permit, for the plumbing or drainage work; or if the plumbing or drainage is a danger to persons or a risk to public health—to remove the danger or risk.\n(sec.145-ssec.3) An enforcement notice that requires plumbing or drainage work on premises to stop being carried out may be given by fixing the notice to the premises in a way that a person entering the premises would normally see the notice.\n- (a) apply for a permit; or\n- (b) take, or not take, stated action to ensure plumbing or drainage work complies with this Act or a permit; or\n- (c) alter, repair or replace plumbing or drainage; or\n- (d) for an enforcement notice about plumbing polluting the water supply in premises or a water service provider’s water service— (i) install a backflow prevention device; or (ii) register a backflow prevention device that is required to be registered under a regulation; or (iii) have a backflow prevention device inspected, tested and, if necessary, repaired or replaced by a person who holds a licence for the work.\n- (i) install a backflow prevention device; or\n- (ii) register a backflow prevention device that is required to be registered under a regulation; or\n- (iii) have a backflow prevention device inspected, tested and, if necessary, repaired or replaced by a person who holds a licence for the work.\n- (i) install a backflow prevention device; or\n- (ii) register a backflow prevention device that is required to be registered under a regulation; or\n- (iii) have a backflow prevention device inspected, tested and, if necessary, repaired or replaced by a person who holds a licence for the work.\n- (a) to make the plumbing or drainage resulting from plumbing or drainage work comply with the code requirements, a permit, or any conditions of the permit, for the plumbing or drainage work; or\n- (b) if the plumbing or drainage is a danger to persons or a risk to public health—to remove the danger or risk.","sortOrder":180},{"sectionNumber":"sec.146","sectionType":"section","heading":"Requirements for enforcement notice","content":"### sec.146 Requirements for enforcement notice\n\nAn enforcement notice must state—\nthe reason the person is given the notice; and\nif the notice requires a person not to take stated action—\nthe period for which the requirement applies; or\nthat the requirement applies until further notice; and\nif the notice requires a person to take stated action—\nthe details of the action; and\nthe period within which the action must be taken; and\nthat the person may appeal to a tribunal or the Planning and Environment Court against the giving of the notice.\nThe person may start an appeal within the appeal period under the Planning Act 2016 . See section 229 of that Act.\nIf a local government gives a person an enforcement notice, and the local government must give the person a show cause notice under section 144 , the enforcement notice is of no effect if—\nthe local government did not give the show cause notice to the person; or\nthe local government did not consider all submissions made in compliance with the show cause notice before giving the enforcement notice.\n(sec.146-ssec.1) An enforcement notice must state— the reason the person is given the notice; and if the notice requires a person not to take stated action— the period for which the requirement applies; or that the requirement applies until further notice; and if the notice requires a person to take stated action— the details of the action; and the period within which the action must be taken; and that the person may appeal to a tribunal or the Planning and Environment Court against the giving of the notice. The person may start an appeal within the appeal period under the Planning Act 2016 . See section 229 of that Act.\n(sec.146-ssec.2) If a local government gives a person an enforcement notice, and the local government must give the person a show cause notice under section 144 , the enforcement notice is of no effect if— the local government did not give the show cause notice to the person; or the local government did not consider all submissions made in compliance with the show cause notice before giving the enforcement notice.\n- (a) the reason the person is given the notice; and\n- (b) if the notice requires a person not to take stated action— (i) the period for which the requirement applies; or (ii) that the requirement applies until further notice; and\n- (i) the period for which the requirement applies; or\n- (ii) that the requirement applies until further notice; and\n- (c) if the notice requires a person to take stated action— (i) the details of the action; and (ii) the period within which the action must be taken; and\n- (i) the details of the action; and\n- (ii) the period within which the action must be taken; and\n- (d) that the person may appeal to a tribunal or the Planning and Environment Court against the giving of the notice. Note— The person may start an appeal within the appeal period under the Planning Act 2016 . See section 229 of that Act.\n- (i) the period for which the requirement applies; or\n- (ii) that the requirement applies until further notice; and\n- (i) the details of the action; and\n- (ii) the period within which the action must be taken; and\n- (a) the local government did not give the show cause notice to the person; or\n- (b) the local government did not consider all submissions made in compliance with the show cause notice before giving the enforcement notice.","sortOrder":181},{"sectionNumber":"sec.147","sectionType":"section","heading":"Contravening, or tampering with, enforcement notice","content":"### sec.147 Contravening, or tampering with, enforcement notice\n\nA person must not contravene an enforcement notice.\nMaximum penalty—250 penalty units.\nA person must not deal with an enforcement notice fixed to premises under section 145 (3) in a way that is reasonably likely to prevent the person who was given the notice seeing it.\nMaximum penalty—250 penalty units.\n(sec.147-ssec.1) A person must not contravene an enforcement notice. Maximum penalty—250 penalty units.\n(sec.147-ssec.2) A person must not deal with an enforcement notice fixed to premises under section 145 (3) in a way that is reasonably likely to prevent the person who was given the notice seeing it. Maximum penalty—250 penalty units.","sortOrder":182},{"sectionNumber":"sec.148","sectionType":"section","heading":"Application for permit in response to show cause or enforcement notice","content":"### sec.148 Application for permit in response to show cause or enforcement notice\n\nThis section applies if a person applies for a permit in response to a show cause notice or as required by an enforcement notice.\nThe person must not withdraw the application, unless the person has a reasonable excuse.\nMaximum penalty—250 penalty units.\nThe person must take all necessary and reasonable steps to enable the application to be decided as soon as practicable, unless the person has a reasonable excuse.\nMaximum penalty—250 penalty units.\nIf the person appeals the decision on the application, the person must take all necessary and reasonable steps to enable the appeal to be decided as soon as practicable, unless the person has a reasonable excuse.\nMaximum penalty—250 penalty units.\n(sec.148-ssec.1) This section applies if a person applies for a permit in response to a show cause notice or as required by an enforcement notice.\n(sec.148-ssec.2) The person must not withdraw the application, unless the person has a reasonable excuse. Maximum penalty—250 penalty units.\n(sec.148-ssec.3) The person must take all necessary and reasonable steps to enable the application to be decided as soon as practicable, unless the person has a reasonable excuse. Maximum penalty—250 penalty units.\n(sec.148-ssec.4) If the person appeals the decision on the application, the person must take all necessary and reasonable steps to enable the appeal to be decided as soon as practicable, unless the person has a reasonable excuse. Maximum penalty—250 penalty units.","sortOrder":183},{"sectionNumber":"sec.149","sectionType":"section","heading":"Administering entity may remedy contravention","content":"### sec.149 Administering entity may remedy contravention\n\nThis section applies if a person contravenes an enforcement notice given by an administering entity for an area.\nIf an enforcement notice given by a local government is contravened, see the City of Brisbane Act 2010 , section 132 or the Local Government Act 2009 , section 142 .\nThe administering entity for the area may—\ndo anything reasonably necessary to ensure the notice is complied with; and\nrecover any reasonable costs and expenses incurred in doing so as a debt owing by the person to the entity.\nIn this section—\nadministering entity , for an area, means the entity administering this Act within the area under section 135 (2) .\n(sec.149-ssec.1) This section applies if a person contravenes an enforcement notice given by an administering entity for an area. If an enforcement notice given by a local government is contravened, see the City of Brisbane Act 2010 , section 132 or the Local Government Act 2009 , section 142 .\n(sec.149-ssec.2) The administering entity for the area may— do anything reasonably necessary to ensure the notice is complied with; and recover any reasonable costs and expenses incurred in doing so as a debt owing by the person to the entity.\n(sec.149-ssec.3) In this section— administering entity , for an area, means the entity administering this Act within the area under section 135 (2) .\n- (a) do anything reasonably necessary to ensure the notice is complied with; and\n- (b) recover any reasonable costs and expenses incurred in doing so as a debt owing by the person to the entity.","sortOrder":184},{"sectionNumber":"sec.150","sectionType":"section","heading":"Action notices","content":"### sec.150 Action notices\n\nA regulation may provide for the giving by a local government or an inspector of a notice (an action notice ) to the responsible person for plumbing or drainage work to take action of the type prescribed by regulation in relation to the work.","sortOrder":185},{"sectionNumber":"sec.151","sectionType":"section","heading":"Stay of enforcement notice or action notice","content":"### sec.151 Stay of enforcement notice or action notice\n\nAn appeal against an enforcement notice or action notice stays the operation of the notice until—\na tribunal or the Planning and Environment Court hearing the appeal decides otherwise; or\nthe appeal ends.\nHowever, an enforcement notice is not stayed if it is given because of a local government’s belief mentioned in section 143 (2) (a) (i) , (b) or (c).\nIf subsection (2) applies, the enforcement notice must state that the notice is not stayed, even if an appeal is made.\n(sec.151-ssec.1) An appeal against an enforcement notice or action notice stays the operation of the notice until— a tribunal or the Planning and Environment Court hearing the appeal decides otherwise; or the appeal ends.\n(sec.151-ssec.2) However, an enforcement notice is not stayed if it is given because of a local government’s belief mentioned in section 143 (2) (a) (i) , (b) or (c).\n(sec.151-ssec.3) If subsection (2) applies, the enforcement notice must state that the notice is not stayed, even if an appeal is made.\n- (a) a tribunal or the Planning and Environment Court hearing the appeal decides otherwise; or\n- (b) the appeal ends.","sortOrder":186},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":187},{"sectionNumber":"sec.152","sectionType":"section","heading":"Approval of forms","content":"### sec.152 Approval of forms\n\nThe chief executive or the commissioner may approve forms for use under this Act.","sortOrder":188},{"sectionNumber":"sec.153","sectionType":"section","heading":"Electronic notices","content":"### sec.153 Electronic notices\n\nThe commissioner may approve an electronic system for sending electronic communications under this Act to the commissioner or QBCC.\nThe chief executive may approve an electronic system for sending electronic communications under this Act to the chief executive or a local government.\nA person may use a system approved under subsection (1) or (2) to give an approved form under this Act by using the system to provide the information required in the approved form.\n(sec.153-ssec.1) The commissioner may approve an electronic system for sending electronic communications under this Act to the commissioner or QBCC.\n(sec.153-ssec.2) The chief executive may approve an electronic system for sending electronic communications under this Act to the chief executive or a local government.\n(sec.153-ssec.3) A person may use a system approved under subsection (1) or (2) to give an approved form under this Act by using the system to provide the information required in the approved form.","sortOrder":189},{"sectionNumber":"sec.154","sectionType":"section","heading":"Guidelines","content":"### sec.154 Guidelines\n\nThe chief executive may make guidelines for matters within the scope of this Act to help compliance with this Act.\nWithout limiting subsection (1) , the chief executive may make the following guidelines—\na guideline about carrying out plumbing or drainage work, including ways of complying with the code requirements for plumbing or drainage work;\na guideline for licensees who supervise other licensees carrying out, or direct other licensees to carry out, plumbing or drainage work;\na guideline for licensees who are responsible for directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work;\na guideline to help local governments administer this Act;\na guideline to help inspectors perform their functions under this Act;\na guideline to help investigators perform their functions under this Act.\nThe chief executive must publish the guidelines on the department’s website.\n(sec.154-ssec.1) The chief executive may make guidelines for matters within the scope of this Act to help compliance with this Act.\n(sec.154-ssec.2) Without limiting subsection (1) , the chief executive may make the following guidelines— a guideline about carrying out plumbing or drainage work, including ways of complying with the code requirements for plumbing or drainage work; a guideline for licensees who supervise other licensees carrying out, or direct other licensees to carry out, plumbing or drainage work; a guideline for licensees who are responsible for directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work; a guideline to help local governments administer this Act; a guideline to help inspectors perform their functions under this Act; a guideline to help investigators perform their functions under this Act.\n(sec.154-ssec.3) The chief executive must publish the guidelines on the department’s website.\n- (a) a guideline about carrying out plumbing or drainage work, including ways of complying with the code requirements for plumbing or drainage work;\n- (b) a guideline for licensees who supervise other licensees carrying out, or direct other licensees to carry out, plumbing or drainage work;\n- (c) a guideline for licensees who are responsible for directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work;\n- (d) a guideline to help local governments administer this Act;\n- (e) a guideline to help inspectors perform their functions under this Act;\n- (f) a guideline to help investigators perform their functions under this Act.","sortOrder":190},{"sectionNumber":"sec.155","sectionType":"section","heading":"Public access to documents","content":"### sec.155 Public access to documents\n\nA regulation may prescribe, for a person who has, or has had, powers or functions in relation to this Act—\nthe documents, including a register, relating to the person’s functions, that the person must or may keep publicly available; and\nwhere, and in what form, the documents must or may be kept; and\nwhether the documents, or a certified copy of the documents, must or may be kept; and\nwhether the documents must or may be kept available for inspection and purchase, or for inspection only; and\nthe period or periods during which the documents must or may be kept.\nThe person must comply with the regulation in relation to the documents prescribed for the person.\nMaximum penalty—50 penalty units.\nThe person must not obstruct another person from inspecting or purchasing a document that must be kept available for inspection or purchase as prescribed by the regulation.\nMaximum penalty—50 penalty units.\nFor a document of a type prescribed by regulation, this section does not apply to the person to the extent the person reasonably considers the document contains—\ninformation of a purely private nature about an individual, including, for example, the individual’s name, residential or email address, phone number or signature; or\nsensitive security information.\nthe location of a safe\nSubsection (4) does not apply to the register of licensees kept under section 41 .\n(sec.155-ssec.1) A regulation may prescribe, for a person who has, or has had, powers or functions in relation to this Act— the documents, including a register, relating to the person’s functions, that the person must or may keep publicly available; and where, and in what form, the documents must or may be kept; and whether the documents, or a certified copy of the documents, must or may be kept; and whether the documents must or may be kept available for inspection and purchase, or for inspection only; and the period or periods during which the documents must or may be kept.\n(sec.155-ssec.2) The person must comply with the regulation in relation to the documents prescribed for the person. Maximum penalty—50 penalty units.\n(sec.155-ssec.3) The person must not obstruct another person from inspecting or purchasing a document that must be kept available for inspection or purchase as prescribed by the regulation. Maximum penalty—50 penalty units.\n(sec.155-ssec.4) For a document of a type prescribed by regulation, this section does not apply to the person to the extent the person reasonably considers the document contains— information of a purely private nature about an individual, including, for example, the individual’s name, residential or email address, phone number or signature; or sensitive security information. the location of a safe\n(sec.155-ssec.5) Subsection (4) does not apply to the register of licensees kept under section 41 .\n- (a) the documents, including a register, relating to the person’s functions, that the person must or may keep publicly available; and\n- (b) where, and in what form, the documents must or may be kept; and\n- (c) whether the documents, or a certified copy of the documents, must or may be kept; and\n- (d) whether the documents must or may be kept available for inspection and purchase, or for inspection only; and\n- (e) the period or periods during which the documents must or may be kept.\n- (a) information of a purely private nature about an individual, including, for example, the individual’s name, residential or email address, phone number or signature; or\n- (b) sensitive security information. Example— the location of a safe","sortOrder":191},{"sectionNumber":"sec.156","sectionType":"section","heading":"Fees payable to QBCC","content":"### sec.156 Fees payable to QBCC\n\nFees payable under this Act must be paid to QBCC unless a regulation provides otherwise.\nQBCC must use fees and penalties for offences that are paid to QBCC to administer this Act, including monitoring and enforcing compliance with this Act.\nFunds that are not immediately required for that purpose may be used for purposes that the commissioner considers advance the plumbing and drainage trade.\n(sec.156-ssec.1) Fees payable under this Act must be paid to QBCC unless a regulation provides otherwise.\n(sec.156-ssec.2) QBCC must use fees and penalties for offences that are paid to QBCC to administer this Act, including monitoring and enforcing compliance with this Act.\n(sec.156-ssec.3) Funds that are not immediately required for that purpose may be used for purposes that the commissioner considers advance the plumbing and drainage trade.","sortOrder":192},{"sectionNumber":"sec.157","sectionType":"section","heading":"Regulation-making power","content":"### sec.157 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nfix the fees payable under this Act and the way, time, place, and the person by and to whom the fees must be paid; or\nprovide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation; or\nprovide for matters relating to the licensing of plumbers or drainers; or\nprovide for matters relating to plumbing or drainage work; or\nprovide for permits for permit work or notifiable work; or\nprovide for the inspection of permit work and notifiable work and the giving of action notices, inspection certificates or final inspection certificates for the work; or\nprovide for administrative matters, including the requirement for a person to give a notice to an entity, in relation to plumbing or drainage work; or\nrequire the maintenance, testing and inspection of particular plumbing or drainage work; or\nprovide for approvals for—\non-site sewage treatment plants; or\ngreywater treatment plants; or\nprovide requirements about reporting on servicing on-site sewage facilities, greywater use facilities or greywater treatment plants; or\nprovide for circumstances when a local government is not required to inspect particular plumbing or drainage work, and for the giving of notices about the work; or\nrequire a person to carry out plumbing or drainage work on premises to comply with a requirement of this Act, and to provide for payment of the costs of carrying out the work; or\nprovide for a local government to recover costs from the owner of premises for costs incurred by the local government carrying out plumbing or drainage work on the premises; or\nprovide for the registers the commissioner or a local government must keep and the information that must or may be included in each register.\n(sec.157-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.157-ssec.2) A regulation may— fix the fees payable under this Act and the way, time, place, and the person by and to whom the fees must be paid; or provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation; or provide for matters relating to the licensing of plumbers or drainers; or provide for matters relating to plumbing or drainage work; or provide for permits for permit work or notifiable work; or provide for the inspection of permit work and notifiable work and the giving of action notices, inspection certificates or final inspection certificates for the work; or provide for administrative matters, including the requirement for a person to give a notice to an entity, in relation to plumbing or drainage work; or require the maintenance, testing and inspection of particular plumbing or drainage work; or provide for approvals for— on-site sewage treatment plants; or greywater treatment plants; or provide requirements about reporting on servicing on-site sewage facilities, greywater use facilities or greywater treatment plants; or provide for circumstances when a local government is not required to inspect particular plumbing or drainage work, and for the giving of notices about the work; or require a person to carry out plumbing or drainage work on premises to comply with a requirement of this Act, and to provide for payment of the costs of carrying out the work; or provide for a local government to recover costs from the owner of premises for costs incurred by the local government carrying out plumbing or drainage work on the premises; or provide for the registers the commissioner or a local government must keep and the information that must or may be included in each register.\n- (a) fix the fees payable under this Act and the way, time, place, and the person by and to whom the fees must be paid; or\n- (b) provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation; or\n- (c) provide for matters relating to the licensing of plumbers or drainers; or\n- (d) provide for matters relating to plumbing or drainage work; or\n- (e) provide for permits for permit work or notifiable work; or\n- (f) provide for the inspection of permit work and notifiable work and the giving of action notices, inspection certificates or final inspection certificates for the work; or\n- (g) provide for administrative matters, including the requirement for a person to give a notice to an entity, in relation to plumbing or drainage work; or\n- (h) require the maintenance, testing and inspection of particular plumbing or drainage work; or\n- (i) provide for approvals for— (i) on-site sewage treatment plants; or (ii) greywater treatment plants; or\n- (i) on-site sewage treatment plants; or\n- (ii) greywater treatment plants; or\n- (j) provide requirements about reporting on servicing on-site sewage facilities, greywater use facilities or greywater treatment plants; or\n- (k) provide for circumstances when a local government is not required to inspect particular plumbing or drainage work, and for the giving of notices about the work; or\n- (l) require a person to carry out plumbing or drainage work on premises to comply with a requirement of this Act, and to provide for payment of the costs of carrying out the work; or\n- (m) provide for a local government to recover costs from the owner of premises for costs incurred by the local government carrying out plumbing or drainage work on the premises; or\n- (n) provide for the registers the commissioner or a local government must keep and the information that must or may be included in each register.\n- (i) on-site sewage treatment plants; or\n- (ii) greywater treatment plants; or","sortOrder":193},{"sectionNumber":"pt.8","sectionType":"part","heading":"Repeal, transitional and validation provisions","content":"# Repeal, transitional and validation provisions","sortOrder":194},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":195},{"sectionNumber":"sec.158","sectionType":"section","heading":"Act repealed","content":"### sec.158 Act repealed\n\nThe Plumbing and Drainage Act 2002 , No. 77 is repealed.","sortOrder":196},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional and validation provisions","content":"## Transitional and validation provisions","sortOrder":197},{"sectionNumber":"sec.159","sectionType":"section","heading":"Members of council","content":"### sec.159 Members of council\n\nSubsection (2) applies to a person who, immediately before the commencement, was a member, deputy member or temporary member of the council under the repealed Act.\nThe person continues as a member, deputy member or temporary member of the council under this Act.\nSubsection (4) applies to a person who, immediately before the commencement, was the chairperson or deputy chairperson of the council under the repealed Act.\nThe person continues as the chairperson or deputy chairperson of the council under this Act.\n(sec.159-ssec.1) Subsection (2) applies to a person who, immediately before the commencement, was a member, deputy member or temporary member of the council under the repealed Act.\n(sec.159-ssec.2) The person continues as a member, deputy member or temporary member of the council under this Act.\n(sec.159-ssec.3) Subsection (4) applies to a person who, immediately before the commencement, was the chairperson or deputy chairperson of the council under the repealed Act.\n(sec.159-ssec.4) The person continues as the chairperson or deputy chairperson of the council under this Act.","sortOrder":198},{"sectionNumber":"sec.160","sectionType":"section","heading":"Assistant commissioner","content":"### sec.160 Assistant commissioner\n\nThe assistant commissioner under the repealed Act continues as the assistant commissioner under this Act.\nThe terms of employment that applied to the assistant commissioner immediately before the commencement are the assistant commissioner’s terms of employment on the commencement.\n(sec.160-ssec.1) The assistant commissioner under the repealed Act continues as the assistant commissioner under this Act.\n(sec.160-ssec.2) The terms of employment that applied to the assistant commissioner immediately before the commencement are the assistant commissioner’s terms of employment on the commencement.","sortOrder":199},{"sectionNumber":"sec.161","sectionType":"section","heading":"Licence applications","content":"### sec.161 Licence applications\n\nSubsection (2) applies if—\nan application was made under the repealed Act for a new licence, to renew or replace a current licence or to restore an expired licence; and\nthe application was not decided or withdrawn before the commencement.\nThe application must be decided under the repealed Act as if this Act had not been enacted.\nSection 162 applies to a licence issued because of a decision under subsection (2) as if the licence were a licence in force immediately before the commencement.\n(sec.161-ssec.1) Subsection (2) applies if— an application was made under the repealed Act for a new licence, to renew or replace a current licence or to restore an expired licence; and the application was not decided or withdrawn before the commencement.\n(sec.161-ssec.2) The application must be decided under the repealed Act as if this Act had not been enacted.\n(sec.161-ssec.3) Section 162 applies to a licence issued because of a decision under subsection (2) as if the licence were a licence in force immediately before the commencement.\n- (a) an application was made under the repealed Act for a new licence, to renew or replace a current licence or to restore an expired licence; and\n- (b) the application was not decided or withdrawn before the commencement.","sortOrder":200},{"sectionNumber":"sec.162","sectionType":"section","heading":"Licences","content":"### sec.162 Licences\n\nA licence issued under the repealed Act and in force immediately before the commencement continues as a licence under this Act on the same conditions.\nIf an endorsement was made on a licence issued under the repealed Act and in force immediately before the commencement, the licence is taken to have the same endorsement under this Act.\n(sec.162-ssec.1) A licence issued under the repealed Act and in force immediately before the commencement continues as a licence under this Act on the same conditions.\n(sec.162-ssec.2) If an endorsement was made on a licence issued under the repealed Act and in force immediately before the commencement, the licence is taken to have the same endorsement under this Act.","sortOrder":201},{"sectionNumber":"sec.163","sectionType":"section","heading":"Disciplinary action","content":"### sec.163 Disciplinary action\n\nIf the QBCC commissioner under the repealed Act had started but not finished disciplinary action under that Act before the commencement, the action may be finished by the commissioner under the repealed Act as if this Act had not been enacted.","sortOrder":202},{"sectionNumber":"sec.164","sectionType":"section","heading":"Permits and certificates","content":"### sec.164 Permits and certificates\n\nA compliance permit issued under the repealed Act and in force immediately before the commencement is taken to be a permit under this Act, and continues on the same conditions.\nA compliance certificate that approves compliance assessable work, issued under the repealed Act and in force immediately before the commencement, is taken to be—\nif the compliance assessable work constitutes all of the work authorised by the compliance permit for the work—a final inspection certificate for the work; or\notherwise—an inspection certificate for the work.\n(sec.164-ssec.1) A compliance permit issued under the repealed Act and in force immediately before the commencement is taken to be a permit under this Act, and continues on the same conditions.\n(sec.164-ssec.2) A compliance certificate that approves compliance assessable work, issued under the repealed Act and in force immediately before the commencement, is taken to be— if the compliance assessable work constitutes all of the work authorised by the compliance permit for the work—a final inspection certificate for the work; or otherwise—an inspection certificate for the work.\n- (a) if the compliance assessable work constitutes all of the work authorised by the compliance permit for the work—a final inspection certificate for the work; or\n- (b) otherwise—an inspection certificate for the work.","sortOrder":203},{"sectionNumber":"sec.165","sectionType":"section","heading":"Compliance requests for compliance assessment of plan for plumbing or drainage work","content":"### sec.165 Compliance requests for compliance assessment of plan for plumbing or drainage work\n\nThis section applies if—\na compliance request for compliance assessment of a plan for plumbing or drainage work was made under the repealed Act, part 4, division 3 ; and\nthe request was not decided before the commencement.\nThe compliance request must be decided under the repealed Act as if this Act had not been enacted.\n(sec.165-ssec.1) This section applies if— a compliance request for compliance assessment of a plan for plumbing or drainage work was made under the repealed Act, part 4, division 3 ; and the request was not decided before the commencement.\n(sec.165-ssec.2) The compliance request must be decided under the repealed Act as if this Act had not been enacted.\n- (a) a compliance request for compliance assessment of a plan for plumbing or drainage work was made under the repealed Act, part 4, division 3 ; and\n- (b) the request was not decided before the commencement.","sortOrder":204},{"sectionNumber":"sec.166","sectionType":"section","heading":"Compliance requests for compliance assessment of plumbing or drainage work","content":"### sec.166 Compliance requests for compliance assessment of plumbing or drainage work\n\nThis section applies if, after a compliance request for compliance assessment of a plan for plumbing or drainage work was made and decided under the repealed Act, part 4, division 3 —\na request for compliance assessment of the plumbing or drainage work was made under the repealed Act, part 4, division 4 ; and\nthe request was not decided before the commencement.\nThe request must be decided under the repealed Act as if this Act had not been enacted.\n(sec.166-ssec.1) This section applies if, after a compliance request for compliance assessment of a plan for plumbing or drainage work was made and decided under the repealed Act, part 4, division 3 — a request for compliance assessment of the plumbing or drainage work was made under the repealed Act, part 4, division 4 ; and the request was not decided before the commencement.\n(sec.166-ssec.2) The request must be decided under the repealed Act as if this Act had not been enacted.\n- (a) a request for compliance assessment of the plumbing or drainage work was made under the repealed Act, part 4, division 4 ; and\n- (b) the request was not decided before the commencement.","sortOrder":205},{"sectionNumber":"sec.167","sectionType":"section","heading":"Information requests","content":"### sec.167 Information requests\n\nSubsection (2) applies if—\nan information request was made under the repealed Act relating to a compliance request for compliance assessment of a plan for plumbing or drainage work; and\nthe information the subject of the request was not given before the commencement; and\nthe period allowed under the repealed Act for the information to be provided had not ended before the commencement.\nThe information request must be dealt with under the repealed Act as if this Act had not been enacted.\nSubsection (4) applies if—\nan information request was made under the repealed Act relating to an application for a chief executive approval; and\nthe information the subject of the request was not given before the commencement; and\nthe period allowed under the repealed Act for the information to be provided had not ended before the commencement.\nThe information request must be dealt with under the repealed Act as if this Act had not been enacted.\n(sec.167-ssec.1) Subsection (2) applies if— an information request was made under the repealed Act relating to a compliance request for compliance assessment of a plan for plumbing or drainage work; and the information the subject of the request was not given before the commencement; and the period allowed under the repealed Act for the information to be provided had not ended before the commencement.\n(sec.167-ssec.2) The information request must be dealt with under the repealed Act as if this Act had not been enacted.\n(sec.167-ssec.3) Subsection (4) applies if— an information request was made under the repealed Act relating to an application for a chief executive approval; and the information the subject of the request was not given before the commencement; and the period allowed under the repealed Act for the information to be provided had not ended before the commencement.\n(sec.167-ssec.4) The information request must be dealt with under the repealed Act as if this Act had not been enacted.\n- (a) an information request was made under the repealed Act relating to a compliance request for compliance assessment of a plan for plumbing or drainage work; and\n- (b) the information the subject of the request was not given before the commencement; and\n- (c) the period allowed under the repealed Act for the information to be provided had not ended before the commencement.\n- (a) an information request was made under the repealed Act relating to an application for a chief executive approval; and\n- (b) the information the subject of the request was not given before the commencement; and\n- (c) the period allowed under the repealed Act for the information to be provided had not ended before the commencement.","sortOrder":206},{"sectionNumber":"sec.168","sectionType":"section","heading":"Applications for chief executive approval","content":"### sec.168 Applications for chief executive approval\n\nThis section applies if—\nan application was made under the repealed Act for a chief executive approval; and\nthe application was not decided or withdrawn before the commencement.\nThe application must be decided under the repealed Act as if this Act had not been enacted.\n(sec.168-ssec.1) This section applies if— an application was made under the repealed Act for a chief executive approval; and the application was not decided or withdrawn before the commencement.\n(sec.168-ssec.2) The application must be decided under the repealed Act as if this Act had not been enacted.\n- (a) an application was made under the repealed Act for a chief executive approval; and\n- (b) the application was not decided or withdrawn before the commencement.","sortOrder":207},{"sectionNumber":"sec.169","sectionType":"section","heading":"Chief executive approvals","content":"### sec.169 Chief executive approvals\n\nA chief executive approval issued under the repealed Act and in force immediately before the commencement is taken to be a treatment plant approval issued under this Act, and continues on the same conditions.","sortOrder":208},{"sectionNumber":"sec.170","sectionType":"section","heading":"Inspectors","content":"### sec.170 Inspectors\n\nA person who, immediately before the commencement, was an inspector under the repealed Act is an inspector under this Act without the need for a new appointment under section 139(1).\nAn appointment mentioned in subsection (1) is subject to this Act, including, for example, when the appointment ends.\n(sec.170-ssec.1) A person who, immediately before the commencement, was an inspector under the repealed Act is an inspector under this Act without the need for a new appointment under section 139(1).\n(sec.170-ssec.2) An appointment mentioned in subsection (1) is subject to this Act, including, for example, when the appointment ends.","sortOrder":209},{"sectionNumber":"sec.171","sectionType":"section","heading":"Enforcement notices","content":"### sec.171 Enforcement notices\n\nAn enforcement notice relating to plumbing or drainage work given under the repealed Act and in force immediately before the commencement is taken to be an enforcement notice given under this Act.","sortOrder":210},{"sectionNumber":"sec.172","sectionType":"section","heading":"Plumbing or drainage work","content":"### sec.172 Plumbing or drainage work\n\nPlumbing or drainage work lawfully carried out under the repealed Act is taken to have been lawfully carried out under this Act.","sortOrder":211},{"sectionNumber":"sec.173","sectionType":"section","heading":"References to repealed Act and regulations","content":"### sec.173 References to repealed Act and regulations\n\nThis section applies if an Act or document refers to—\nthe repealed Act; or\nthe Plumbing and Drainage Regulation 2003 ; or\nthe Standard Plumbing and Drainage Regulation 2003 .\nThe reference may, if the context permits, be taken to be a reference to this Act.\n(sec.173-ssec.1) This section applies if an Act or document refers to— the repealed Act; or the Plumbing and Drainage Regulation 2003 ; or the Standard Plumbing and Drainage Regulation 2003 .\n(sec.173-ssec.2) The reference may, if the context permits, be taken to be a reference to this Act.\n- (a) the repealed Act; or\n- (b) the Plumbing and Drainage Regulation 2003 ; or\n- (c) the Standard Plumbing and Drainage Regulation 2003 .","sortOrder":212},{"sectionNumber":"sec.173A","sectionType":"section","heading":"Holder of particular licence taken to hold associated occupation licence in relevant period","content":"### sec.173A Holder of particular licence taken to hold associated occupation licence in relevant period\n\nThis section applies to a person if—\neither—\nthe person held a contractor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in any period from 10 November 2014 to the commencement (the relevant period )—\na plumbing and drainage licence;\na drainage licence;\na drainage—on-site sewerage facility licence (maintenance);\na drainage—on-site sewerage facility licence (maintenance and installation);\na plumbing and draining restricted to plumbing licence;\na plumbing and draining restricted to tanks—water supply licence; or\nthe person held a nominee supervisor’s licence or site supervisor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in the relevant period—\na plumbing and drainage licence;\na drainage licence;\na drainage—on-site sewerage facility licence (maintenance);\na drainage—on-site sewerage facility licence (maintenance and installation); and\nthe person did not hold in the relevant period an associated occupational licence for the contractor’s licence, nominee supervisor’s licence or site supervisor’s licence.\nThe person is taken to have held for the relevant period an associated occupational licence for the contractor’s licence, nominee supervisor’s licence or site supervisor’s licence.\nIn this section—\nassociated occupational licence means—\nfor a plumbing and drainage licence—a plumbers licence and drainers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , items 1 and 2; or\nfor a drainage licence—a drainers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , item 2; or\nfor a drainage—on-site sewerage facility licence (maintenance)—a drainer—on-site sewerage facility licence under the Plumbing and Drainage Regulation 2003 , schedule 2 , item 8, for the scope of work stated in item 8, column 4, paragraph (a) of the schedule; or\nfor a drainage—on-site sewerage facility licence (maintenance and installation)—a drainer—on-site sewerage facility licence under the Plumbing and Drainage Regulation 2003 , schedule 2 , item 8, for the scope of work stated in item 8, column 4, paragraph (b) of the schedule; or\nfor a plumbing and draining restricted to plumbing licence—a plumbers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , item 1; or\na plumbing and draining restricted to tanks—water supply licence—a plumbers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , item 1.\ndrainage licence means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003 , schedule 2 , part 19 .\ndrainage—on-site sewerage facility licence (maintenance) means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003 , schedule 2 , part 19A , section 1 (1).\ndrainage—on-site sewerage facility licence (maintenance and installation) means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003 , schedule 2 , part 19A , section 1 (2).\nplumbing and drainage licence means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003 , schedule 2 , part 18 .\nplumbing and draining restricted to plumbing licence means the class of licence of that name mentioned in the Queensland Building and Construction Commission Regulation 2003 , section 43 .\nplumbing and draining restricted to tanks—water supply licence means the class of licence of that name mentioned in the Queensland Building and Construction Commission Regulation 2003 , section 43 .\n(sec.173A-ssec.1) This section applies to a person if— either— the person held a contractor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in any period from 10 November 2014 to the commencement (the relevant period )— a plumbing and drainage licence; a drainage licence; a drainage—on-site sewerage facility licence (maintenance); a drainage—on-site sewerage facility licence (maintenance and installation); a plumbing and draining restricted to plumbing licence; a plumbing and draining restricted to tanks—water supply licence; or the person held a nominee supervisor’s licence or site supervisor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in the relevant period— a plumbing and drainage licence; a drainage licence; a drainage—on-site sewerage facility licence (maintenance); a drainage—on-site sewerage facility licence (maintenance and installation); and the person did not hold in the relevant period an associated occupational licence for the contractor’s licence, nominee supervisor’s licence or site supervisor’s licence.\n(sec.173A-ssec.2) The person is taken to have held for the relevant period an associated occupational licence for the contractor’s licence, nominee supervisor’s licence or site supervisor’s licence.\n(sec.173A-ssec.3) In this section— associated occupational licence means— for a plumbing and drainage licence—a plumbers licence and drainers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , items 1 and 2; or for a drainage licence—a drainers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , item 2; or for a drainage—on-site sewerage facility licence (maintenance)—a drainer—on-site sewerage facility licence under the Plumbing and Drainage Regulation 2003 , schedule 2 , item 8, for the scope of work stated in item 8, column 4, paragraph (a) of the schedule; or for a drainage—on-site sewerage facility licence (maintenance and installation)—a drainer—on-site sewerage facility licence under the Plumbing and Drainage Regulation 2003 , schedule 2 , item 8, for the scope of work stated in item 8, column 4, paragraph (b) of the schedule; or for a plumbing and draining restricted to plumbing licence—a plumbers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , item 1; or a plumbing and draining restricted to tanks—water supply licence—a plumbers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , item 1. drainage licence means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003 , schedule 2 , part 19 . drainage—on-site sewerage facility licence (maintenance) means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003 , schedule 2 , part 19A , section 1 (1). drainage—on-site sewerage facility licence (maintenance and installation) means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003 , schedule 2 , part 19A , section 1 (2). plumbing and drainage licence means the class of licence mentioned in the Queensland Building and Construction Commission Regulation 2003 , schedule 2 , part 18 . plumbing and draining restricted to plumbing licence means the class of licence of that name mentioned in the Queensland Building and Construction Commission Regulation 2003 , section 43 . plumbing and draining restricted to tanks—water supply licence means the class of licence of that name mentioned in the Queensland Building and Construction Commission Regulation 2003 , section 43 .\n- (a) either— (i) the person held a contractor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in any period from 10 November 2014 to the commencement (the relevant period )— (A) a plumbing and drainage licence; (B) a drainage licence; (C) a drainage—on-site sewerage facility licence (maintenance); (D) a drainage—on-site sewerage facility licence (maintenance and installation); (E) a plumbing and draining restricted to plumbing licence; (F) a plumbing and draining restricted to tanks—water supply licence; or (ii) the person held a nominee supervisor’s licence or site supervisor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in the relevant period— (A) a plumbing and drainage licence; (B) a drainage licence; (C) a drainage—on-site sewerage facility licence (maintenance); (D) a drainage—on-site sewerage facility licence (maintenance and installation); and\n- (i) the person held a contractor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in any period from 10 November 2014 to the commencement (the relevant period )— (A) a plumbing and drainage licence; (B) a drainage licence; (C) a drainage—on-site sewerage facility licence (maintenance); (D) a drainage—on-site sewerage facility licence (maintenance and installation); (E) a plumbing and draining restricted to plumbing licence; (F) a plumbing and draining restricted to tanks—water supply licence; or\n- (A) a plumbing and drainage licence;\n- (B) a drainage licence;\n- (C) a drainage—on-site sewerage facility licence (maintenance);\n- (D) a drainage—on-site sewerage facility licence (maintenance and installation);\n- (E) a plumbing and draining restricted to plumbing licence;\n- (F) a plumbing and draining restricted to tanks—water supply licence; or\n- (ii) the person held a nominee supervisor’s licence or site supervisor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in the relevant period— (A) a plumbing and drainage licence; (B) a drainage licence; (C) a drainage—on-site sewerage facility licence (maintenance); (D) a drainage—on-site sewerage facility licence (maintenance and installation); and\n- (A) a plumbing and drainage licence;\n- (B) a drainage licence;\n- (C) a drainage—on-site sewerage facility licence (maintenance);\n- (D) a drainage—on-site sewerage facility licence (maintenance and installation); and\n- (b) the person did not hold in the relevant period an associated occupational licence for the contractor’s licence, nominee supervisor’s licence or site supervisor’s licence.\n- (i) the person held a contractor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in any period from 10 November 2014 to the commencement (the relevant period )— (A) a plumbing and drainage licence; (B) a drainage licence; (C) a drainage—on-site sewerage facility licence (maintenance); (D) a drainage—on-site sewerage facility licence (maintenance and installation); (E) a plumbing and draining restricted to plumbing licence; (F) a plumbing and draining restricted to tanks—water supply licence; or\n- (A) a plumbing and drainage licence;\n- (B) a drainage licence;\n- (C) a drainage—on-site sewerage facility licence (maintenance);\n- (D) a drainage—on-site sewerage facility licence (maintenance and installation);\n- (E) a plumbing and draining restricted to plumbing licence;\n- (F) a plumbing and draining restricted to tanks—water supply licence; or\n- (ii) the person held a nominee supervisor’s licence or site supervisor’s licence under the Queensland Building and Construction Commission Act 1991 of 1 of the following classes of licence in the relevant period— (A) a plumbing and drainage licence; (B) a drainage licence; (C) a drainage—on-site sewerage facility licence (maintenance); (D) a drainage—on-site sewerage facility licence (maintenance and installation); and\n- (A) a plumbing and drainage licence;\n- (B) a drainage licence;\n- (C) a drainage—on-site sewerage facility licence (maintenance);\n- (D) a drainage—on-site sewerage facility licence (maintenance and installation); and\n- (A) a plumbing and drainage licence;\n- (B) a drainage licence;\n- (C) a drainage—on-site sewerage facility licence (maintenance);\n- (D) a drainage—on-site sewerage facility licence (maintenance and installation);\n- (E) a plumbing and draining restricted to plumbing licence;\n- (F) a plumbing and draining restricted to tanks—water supply licence; or\n- (A) a plumbing and drainage licence;\n- (B) a drainage licence;\n- (C) a drainage—on-site sewerage facility licence (maintenance);\n- (D) a drainage—on-site sewerage facility licence (maintenance and installation); and\n- (a) for a plumbing and drainage licence—a plumbers licence and drainers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , items 1 and 2; or\n- (b) for a drainage licence—a drainers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , item 2; or\n- (c) for a drainage—on-site sewerage facility licence (maintenance)—a drainer—on-site sewerage facility licence under the Plumbing and Drainage Regulation 2003 , schedule 2 , item 8, for the scope of work stated in item 8, column 4, paragraph (a) of the schedule; or\n- (d) for a drainage—on-site sewerage facility licence (maintenance and installation)—a drainer—on-site sewerage facility licence under the Plumbing and Drainage Regulation 2003 , schedule 2 , item 8, for the scope of work stated in item 8, column 4, paragraph (b) of the schedule; or\n- (e) for a plumbing and draining restricted to plumbing licence—a plumbers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , item 1; or\n- (f) a plumbing and draining restricted to tanks—water supply licence—a plumbers licence under the Plumbing and Drainage Regulation 2003 , schedule 1 , item 1.","sortOrder":213},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024","content":"## Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024","sortOrder":214},{"sectionNumber":"sec.174","sectionType":"section","heading":"Qualifications and practical experience","content":"### sec.174 Qualifications and practical experience\n\nA decision of the commissioner in effect under former section 14 continues in effect as if it were a decision of the chief executive under new section 14.\nA decision of the commissioner in effect under former section 26 continues in effect as if it were a decision of the chief executive under new section 26.\nIn this section—\nformer , for a section of this Act, means the section as in force immediately before the commencement.\nnew , for a section of this Act, means the section as in force from the commencement.\ns 174 prev s 174 exp 1 July 2020 (see s 174(4))\npres s 174 ins 2024 No. 14 s 58\n(sec.174-ssec.1) A decision of the commissioner in effect under former section 14 continues in effect as if it were a decision of the chief executive under new section 14.\n(sec.174-ssec.2) A decision of the commissioner in effect under former section 26 continues in effect as if it were a decision of the chief executive under new section 26.\n(sec.174-ssec.3) In this section— former , for a section of this Act, means the section as in force immediately before the commencement. new , for a section of this Act, means the section as in force from the commencement.","sortOrder":215}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act retains the original narrow regulatory objective: to regulate plumbing and drainage work to protect public health, safety and the environment (s3). This version consolidates and modernises administrative detail (licensing classes, disciplinary procedures, audit powers, owner discharge rules, and a treatment‑plant approval framework) and transfers many technical details to regulations and codes. Those are significant operational expansions (more auditing powers, new specifics on greywater and treatment plant approvals, stronger information‑sharing and evidence rules – see ss47–48,65,76–79,97), but they sit within the same core scope rather than departing from it. In short: the Act broadens administrative reach and detail but has not materially changed the fundamental purpose of regulating plumbing and drainage work."},"complexity_factors":["Lengthy Act with many Parts, Divisions and cross‑references (multiple references to other Acts: QBCC Act, Planning Act, City of Brisbane Act, Local Government Act)","Multiple licence categories and permutations: plumbers, drainers, restricted, provisional, endorsements, endorsements with regulated scopes (ss12–13,25)","Four categories of work defined by regulation (permit, notifiable, minor, unregulated) creating branching procedural rules (s6, ss66,81–83)","Extensive procedural timeframes and staged processes (decision periods, show cause periods, notice periods: ss17–19,50,83,144)","Nested disciplinary and enforcement pathways: commissioner action, internal council review, referral to QCAT with special composition, and local government enforcement (ss49–55,102–106,143–151)","Many exceptions and conditional rules (trainees, authorised persons, manufacturing, on‑site sewage, greywater rules; ss58–59,65,74–79)","Wide regulation‑making power leaving much technical detail to subordinate instruments and codes (s157; reliance on Queensland Plumbing and Wastewater Code and Plumbing Code of Australia ss7–9)","Multiple administrative actors and bodies (chief executive, commissioner, assistant commissioner, QBCC council, Service Trades Council, local governments, inspectors, investigators) with delegated duties (ss14,99,100–108,135,139)","Audit and compulsory information powers with limited immunity and penalties (ss47–48,97)","Extensive transitional clauses and continuity provisions carrying over licences, permits and proceedings from the repealed 2002 Act (secs158–174)"],"plain_english_summary":"**What this law does (mechanics and who it affects)**\n\n- Establishes a licensing and regulation system for plumbing and drainage work in Queensland (see s3, s12–s13).  That includes separate licence classes (plumbers, drainers, restricted, provisional) and the ability to add endorsements for particular tasks (ss12, 25). \n\n- Divides plumbing and drainage work into four categories that the regulations will define: permit work, notifiable work, minor work and unregulated work (s6).  Different administrative steps and obligations attach depending on the category (for example, permits for permit work (s66) and post‑completion notice obligations for notifiable work (s81–83)).\n\n- Requires work and plans to meet specified “code requirements” drawn from the Queensland Plumbing and Wastewater Code, parts of the Plumbing Code of Australia and other prescribed instruments; where codes conflict, the Queensland Code can prevail (ss7–9).\n\n- Gives the QBCC commissioner and chief executive broad administrative powers: deciding licence qualifications and experience (s14, s26), granting/renewing/revoking licences and imposing conditions (ss15–23, 20), running audits of licensees (s47) and taking disciplinary action (ss49–55).  The Service Trades Council and panels advise and review some commissioner decisions (ss105–131).\n\n- Sets criminal and civil penalties for carrying out, supervising or directing plumbing or drainage work without the appropriate licence (ss56–57) and for a range of compliance failures (e.g. failing to meet code requirements s64; installing non‑approved equipment s65; contravening permit conditions s66; polluting systems s68).  Penalty levels vary by offence and repetition (see ss56–57 and many offence provisions in Part 3).\n\n- Defines responsibilities for owners of premises (operating and maintaining plumbing and drainage; disposal and discharge rules for sewage and greywater) with specific obligations about what may be discharged, where, and how (ss70, 74–80).  Local governments are given enforcement and inspection roles for premises within their area (ss135, 139–151).\n\n- Provides detailed administrative procedure: application and decision timeframes, show‑cause and review processes, notification and register obligations (e.g. licence register s41; notification after notifiable work s83), and appeal routes (internal review to the council and external review to QCAT in some cases, ss51, 55, 102–106).\n\n- Creates a regime for approving particular treatment plants and for manufacturer/supplier obligations (e.g. treatment plant approvals, restrictions on misleading claims about approvals) (ss65, 76, 85–86).\n\n- Gives broad regulation‑making power to flesh out fees, definitions, permit and inspection procedures, and technical requirements (s157).  Fees and penalty income collected by QBCC are to be used to administer and enforce the Act (s156).\n\n**Who pays, who decides and what behaviour changes**\n\n- Who pays: applicants and licensees (application, endorsement and renewal fees, s16, 28, 31), owners of premises (permit fees, costs of rectification when ordered, ss145, 156), manufacturers/suppliers (compliance costs and limits on advertising, ss65, 85–86), and regulated persons who are fined or required to pay amounts under disciplinary orders (ss52, 55, 98).  Local governments may also recover costs from owners where they carry out remedial work (s149).\n\n- Who decides: the chief executive (sets required qualifications and publishes them, ss14, 26), the QBCC commissioner (grants licences, imposes conditions, runs audits and disciplinary action, ss19, 20, 47, 52, 99), the Service Trades Council (advisory and internal review roles, ss105–110, 130), local governments and appointed inspectors (inspection, enforcement and issuing enforcement notices, ss139–146).  QCAT hears some serious disciplinary referrals (s55).\n\n- Behaviour changes expected: workers must obtain and keep appropriate licences or work only under supervision/exemption (ss56–61); licensees must follow code requirements and guidelines, keep records and comply with audits and notices (ss9, 46, 47–48); owners must operate and maintain systems and follow disposal/discharge rules (ss70, 74–80); suppliers/manufacturers must avoid false claims about approvals (s85).\n\n**Why it matters (risks, trade‑offs and administrative effects)**\n\n- Stated objective: to reduce risks to public health, safety and the environment by ensuring competence and compliance in plumbing and drainage work (s3).\n\n- Compliance costs and administrative burden: the Act creates recurring obligations (licensing, renewals, inspections, auditing, recordkeeping and notification after notifiable work) and permits officials to require documents and financial records within tight timeframes (s48).  Regulated businesses face immediate costs (fees, inspections, upgrading equipment to approved standards) and potential delays while obtaining permits or satisfying audit/investigation demands.\n\n- Effects on competition and private choice: licensing and endorsement requirements raise the cost of entry and limit who can lawfully carry out certain jobs (ss12–13, 25–29).  That reduces the pool of legally capable suppliers but increases assurance of technical competence; independent operators incur administrative compliance costs that larger firms can more easily absorb.\n\n- Concentrated benefits, diffuse costs: licensed practitioners and manufacturers of approved equipment gain clearer market signals and protection for consumers of their competence.  Costs (higher compliance and inspection costs, potential delays) are spread across many small businesses and property owners.\n\n- Rent risk and bureaucratic discretion: the commissioner and chief executive have significant discretionary power over qualifications, conditions and audit programs (ss14, 19, 20, 47, 99).  The Act builds in review and appeal mechanisms (internal council review, QCAT) but day‑to‑day implementation relies on delegated standards and regulations (s157) and on the operational choices of the commissioner and local governments.\n\n- Trade‑offs and opportunity costs: tighter controls and approval schemes for treatment plants and greywater reuse increase public‑health safeguards but require investment in approved equipment, testing and approvals (ss65, 76–79).  The Act prioritises technical standards and compliance monitoring over fewer administrative constraints; that may lower the incidence of defective or polluting installations but raises costs and administrative time for industry and owners.\n\n- Implementation risks: many core details are left to regulation, the Queensland Plumbing and Wastewater Code and the Plumbing Code of Australia (ss7–9, 157).  Effective operation depends on those subordinate instruments being current, accessible and consistently applied by inspectors and local governments.  The Act also depends on inter‑agency coordination (QBCC, local governments, water service providers) and information sharing (ss45, 41, 48).\n\n**Key procedural features to note**\n\n- Short decision timeframes with limited extensions and express consequences for non‑decision (e.g. licence decision periods and extension rules, ss18–19).\n- Formal show‑cause processes before disciplinary or enforcement action, with statutory minimum notice periods (ss50, 144–146).\n- Post‑completion obligations for notifiable work (notifications to the commissioner and occupants, ss81–83) and powers to audit compliance (ss47–48).\n- Specific duties on owners about disposal, greywater and stormwater connections and penalties for contraventions (ss70, 74–80, 80).\n\n(References in parentheses are to the section numbers in the Act.)"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's core purpose — licensing plumbers and setting work standards — is consistent with its stated intent. However, the scope has broadened beyond a simple licensing and standards regime. It incorporates: a detailed audit and compliance enforcement framework; a tiered disciplinary system involving QCAT with industry-expert members; provisions addressing treatment plant approvals; interaction with payment security legislation (Building Industry Fairness Act amendments); and cross-border mutual recognition of interstate and New Zealand licences. These elements extend the Act into areas of consumer protection, environmental regulation, and inter-jurisdictional licensing coordination that go beyond a straightforward trades licensing scheme."},"complexity_factors":["Multiple overlapping regulatory codes (Queensland Plumbing and Wastewater Code, Plumbing Code of Australia, Queensland Development Code, local government laws) with a hierarchy of precedence rules","Four distinct categories of work (permit, notifiable, minor, unregulated) each with different procedural requirements defined largely by regulation rather than the Act itself","Complex licensing framework with multiple licence types, endorsements, provisional licences, conditions, review mechanisms, renewal and restoration processes","Tiered disciplinary system split between the Commissioner (for lesser sanctions) and QCAT (for serious sanctions), with different procedural pathways and penalty limits for each","Staged commencement provisions — different parts of the Act commence at different times, including provisions linked to other Acts (Building Industry Fairness (Security of Payment) Act 2017)","Extensive cross-referencing to other Queensland legislation (QBCC Act 1991, QCAT Act, Water Supply (Safety and Reliability) Act 2008, Body Corporate and Community Management Act 1997, Land Title Act 1994, and others)","Escalating criminal penalties that depend on offence history and work quality (grossly defective work), requiring assessment of prior offences","Self-incrimination provisions balanced against limited immunity — a technically complex constitutional and evidentiary issue embedded in audit powers","Separate rules for interstate and New Zealand licence holders, including mutual recognition implications","Much of the substantive detail (work categories, licence scope, fees, prescribed particulars) is delegated to regulations, meaning the Act alone is incomplete without the subordinate legislation"],"plain_english_summary":"This Queensland law sets who may do plumbing and drainage work, requires work to meet health, safety and environmental standards, and creates licence, permit/notification and audit systems to enforce those rules. It affects plumbers and trainees, businesses that hire them, and property owners/developers. Strong penalties (fines, licence suspension, even jail for serious or repeat breaches) and mandatory code compliance aim to protect public health, safety and the environment."},"kimi_summary":{"_metrics":{"completionTokens":830},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 3: regulating plumbing and drainage work to protect public health, safety and the environment through licensing, code compliance, and approval frameworks. The 2018 Act is a re-enactment of the 2002 Act with modernised provisions, and the included amendments (through 2025) represent incremental adjustments rather than scope expansion."},"complexity_factors":["Multiple overlapping regulatory frameworks (Queensland Plumbing and Wastewater Code, Plumbing Code of Australia, Queensland Development Code, local laws) with complex hierarchy rules for resolving inconsistencies","Four-tier categorisation system for work (permit, notifiable, minor, unregulated) with different compliance requirements for each","Extensive cross-referencing to other legislation including Queensland Building and Construction Commission Act 1991, Water Supply (Safety and Reliability) Act 2008, and multiple local government Acts","Detailed procedural requirements for licensing applications, renewals, restorations, endorsements, and condition reviews with multiple decision points and timeframes","Dual enforcement structure with both QBCC (state level) and local governments sharing administrative and enforcement responsibilities","Complex transitional provisions preserving rights and statuses from repealed 2002 Act and associated regulations","Multiple definitions of 'authorities' and 'entities' that vary by context (Brisbane City Council vs other local governments, service providers, etc.)","Nested exemption provisions in section 58 with multiple conditions for unlicensed work including trainee supervision and prescribed water meter work"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's main law regulating plumbing and drainage work. It sets up a licensing system to ensure only qualified people can do plumbing and drainage work, establishes rules about how work must be done, and creates a framework for approving certain types of work.\n\n**Who it affects:**\n- **Plumbers and drainers** – must hold a licence to legally carry out work (with some exceptions for trainees under supervision and \"unregulated work\")\n- **Homeowners and property owners** – must ensure plumbing/drainage on their property is maintained properly and complies with permits\n- **Local governments** – responsible for inspecting work, issuing permits for \"permit work,\" and enforcing compliance\n- **The Queensland Building and Construction Commission (QBCC)** – administers the licensing system and can take disciplinary action against licensees\n\n**Key things the law covers:**\n\n- **Four categories of work:**\n  - *Permit work* – needs a permit from local government\n  - *Notifiable work* – must be reported to QBCC after completion\n  - *Minor work* – simpler work with fewer requirements\n  - *Unregulated work* – can be done without a licence\n\n- **Licence types:** Plumbers licence, drainers licence, restricted licence, and provisional licence (for those still gaining experience)\n\n- **Code requirements:** Work must comply with the Queensland Plumbing and Wastewater Code, the national Plumbing Code of Australia, and relevant local laws\n\n- **Serious offences:** Doing plumbing/drainage work without a licence can attract penalties up to 350 penalty units or 1 year imprisonment for repeat offenders or grossly defective work\n\n- **Disciplinary system:** QBCC can reprimand, fine, suspend or cancel licences; serious cases (suspension over 1 year or cancellation) go to QCAT (Queensland Civil and Administrative Tribunal)\n\n- **Local government powers:** Can issue enforcement notices requiring property owners to fix non-compliant or dangerous plumbing/drainage\n\n- **Environmental protections:** Rules about proper disposal of sewage, greywater, and effluent; prohibitions on polluting water supplies or sewerage systems"}},"importantCases":[],"_links":{"self":"/api/acts/plumbing-and-drainage-act-2018","history":"/api/acts/plumbing-and-drainage-act-2018/history","analysis":"/api/acts/plumbing-and-drainage-act-2018/analysis","conflicts":"/api/acts/plumbing-and-drainage-act-2018/conflicts","importantCases":"/api/acts/plumbing-and-drainage-act-2018/important-cases","documents":"/api/acts/plumbing-and-drainage-act-2018/documents"}}