{"id":"qld:act-1991-098","name":"Queensland Building and Construction Commission Act 1991","slug":"queensland-building-and-construction-commission-act-1991","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"98 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104871,"registerId":"qld-act-1991-098-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Building and Construction Commission Act 1991 .\ns 1 amd 2013 No. 38 s 4","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 1998 No. 13 s 186","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objects of Act","content":"### sec.3 Objects of Act\n\nThe objects of this Act are—\nto regulate the building industry—\nto ensure the maintenance of proper standards in the industry; and\nto achieve a reasonable balance between the interests of building contractors and consumers; and\nto provide remedies for defective building work; and\nto provide support, education and advice for those who undertake building work and consumers; and\nto regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners; and\nto regulate building products to ensure—\nthe safety of consumers and the public generally; and\npersons involved in the production, supply or installation of building products are held responsible for the safety of the products and their use; and\nto provide for the proper, efficient and effective management of the commission in the performance of its functions.\ns 3 amd 2000 No. 10 s 183 sch 1 ; 2014 No. 57 s 4 ; 2017 No. 29 s 4 ; 2017 No. 43 s 251\n- (a) to regulate the building industry— (i) to ensure the maintenance of proper standards in the industry; and (ii) to achieve a reasonable balance between the interests of building contractors and consumers; and\n- (i) to ensure the maintenance of proper standards in the industry; and\n- (ii) to achieve a reasonable balance between the interests of building contractors and consumers; and\n- (b) to provide remedies for defective building work; and\n- (c) to provide support, education and advice for those who undertake building work and consumers; and\n- (d) to regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners; and\n- (e) to regulate building products to ensure— (i) the safety of consumers and the public generally; and (ii) persons involved in the production, supply or installation of building products are held responsible for the safety of the products and their use; and\n- (i) the safety of consumers and the public generally; and\n- (ii) persons involved in the production, supply or installation of building products are held responsible for the safety of the products and their use; and\n- (f) to provide for the proper, efficient and effective management of the commission in the performance of its functions.\n- (i) to ensure the maintenance of proper standards in the industry; and\n- (ii) to achieve a reasonable balance between the interests of building contractors and consumers; and\n- (i) the safety of consumers and the public generally; and\n- (ii) persons involved in the production, supply or installation of building products are held responsible for the safety of the products and their use; and","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 4 amd 1999 No. 43 s 4 (1)\nNote—s 4 contained definitions for this Act. Definitions are now located in sch 2—Dictionary.","sortOrder":4},{"sectionNumber":"sec.4AA","sectionType":"section","heading":"Who is an influential person for a company","content":"### sec.4AA Who is an influential person for a company\n\nAn influential person , for a company, is an individual, other than a director or secretary of the company, who is in a position to control or substantially influence the company’s conduct.\nHowever, an influential person does not include—\na professional, only because the advice given by the professional influences the company’s conduct; or\na regulator, only because the regulator, when exercising a power or performing a function under an Act or other law, influences the company’s business; or\nan administrator, controller, provisional liquidator or liquidator within the meaning of the Corporations Act , section 9 .\nWithout limiting subsection (1) , a person may be an influential person for a company if the person—\nis the chief executive officer or general manager of the company, or holds an equivalent position in the company; or\nis acting in a position mentioned in paragraph (a) ; or\ndirectly or indirectly owns, holds or controls 50% or more of the shares in the company, or 50% or more of a class of shares in the company; or\ngives instructions to an officer of the company and the officer generally acts on those instructions; or\nmakes, or participates in making, decisions that affect the whole or a substantial part of the company’s business or financial standing; or\nengages in conduct or makes representations that would cause someone else to reasonably believe the person controls, or substantially influences, the company’s business.\nIn this section—\nprofessional —\nmeans a person who provides professional advice to more than 1 client; but\ndoes not include a person who provides professional advice to a client in the person’s capacity as an employee of the client.\na lawyer or accountant, employed in that capacity by a firm of lawyers or accountants, engaged by a company to give the company advice on a particular topic\nregulator means—\na person employed by a State, a local government or the Commonwealth; or\na person engaged by a State, a local government or the Commonwealth to provide a particular service or carry out a particular activity; or\nan agent of a person mentioned in paragraph (b) if, in that capacity, the person provides the service or carries out the activity the person is engaged to provide or carry out.\ns 4AA prev s 4AA ins 2003 No. 1 s 4\nom 2007 No. 47 s 4\npres s 4AA ins 2017 No. 43 s 252\n(sec.4AA-ssec.1) An influential person , for a company, is an individual, other than a director or secretary of the company, who is in a position to control or substantially influence the company’s conduct.\n(sec.4AA-ssec.2) However, an influential person does not include— a professional, only because the advice given by the professional influences the company’s conduct; or a regulator, only because the regulator, when exercising a power or performing a function under an Act or other law, influences the company’s business; or an administrator, controller, provisional liquidator or liquidator within the meaning of the Corporations Act , section 9 .\n(sec.4AA-ssec.3) Without limiting subsection (1) , a person may be an influential person for a company if the person— is the chief executive officer or general manager of the company, or holds an equivalent position in the company; or is acting in a position mentioned in paragraph (a) ; or directly or indirectly owns, holds or controls 50% or more of the shares in the company, or 50% or more of a class of shares in the company; or gives instructions to an officer of the company and the officer generally acts on those instructions; or makes, or participates in making, decisions that affect the whole or a substantial part of the company’s business or financial standing; or engages in conduct or makes representations that would cause someone else to reasonably believe the person controls, or substantially influences, the company’s business.\n(sec.4AA-ssec.4) In this section— professional — means a person who provides professional advice to more than 1 client; but does not include a person who provides professional advice to a client in the person’s capacity as an employee of the client. a lawyer or accountant, employed in that capacity by a firm of lawyers or accountants, engaged by a company to give the company advice on a particular topic regulator means— a person employed by a State, a local government or the Commonwealth; or a person engaged by a State, a local government or the Commonwealth to provide a particular service or carry out a particular activity; or an agent of a person mentioned in paragraph (b) if, in that capacity, the person provides the service or carries out the activity the person is engaged to provide or carry out.\n- (a) a professional, only because the advice given by the professional influences the company’s conduct; or\n- (b) a regulator, only because the regulator, when exercising a power or performing a function under an Act or other law, influences the company’s business; or\n- (c) an administrator, controller, provisional liquidator or liquidator within the meaning of the Corporations Act , section 9 .\n- (a) is the chief executive officer or general manager of the company, or holds an equivalent position in the company; or\n- (b) is acting in a position mentioned in paragraph (a) ; or\n- (c) directly or indirectly owns, holds or controls 50% or more of the shares in the company, or 50% or more of a class of shares in the company; or\n- (d) gives instructions to an officer of the company and the officer generally acts on those instructions; or\n- (e) makes, or participates in making, decisions that affect the whole or a substantial part of the company’s business or financial standing; or\n- (f) engages in conduct or makes representations that would cause someone else to reasonably believe the person controls, or substantially influences, the company’s business.\n- (a) means a person who provides professional advice to more than 1 client; but\n- (b) does not include a person who provides professional advice to a client in the person’s capacity as an employee of the client. Example— a lawyer or accountant, employed in that capacity by a firm of lawyers or accountants, engaged by a company to give the company advice on a particular topic\n- (a) a person employed by a State, a local government or the Commonwealth; or\n- (b) a person engaged by a State, a local government or the Commonwealth to provide a particular service or carry out a particular activity; or\n- (c) an agent of a person mentioned in paragraph (b) if, in that capacity, the person provides the service or carries out the activity the person is engaged to provide or carry out.","sortOrder":5},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Value of building work carried out in stages","content":"### sec.4A Value of building work carried out in stages\n\nIf building work is, or is to be, carried out in stages under a series of separate contracts, a reference in this Act to the value of the building work is a reference to the aggregate value of the building work carried out, or to be carried out, under those contracts.\ns 4A amd 1994 No. 20 s 3 sch\n(prev s 4(2)) renum 1994 No. 20 s 3 sch","sortOrder":6},{"sectionNumber":"sec.4B","sectionType":"section","heading":"Act binds all persons","content":"### sec.4B Act binds all persons\n\nThis Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\ns 4B ins 1999 No. 43 s 5","sortOrder":7},{"sectionNumber":"sec.4C","sectionType":"section","heading":"Certain building contractors not bound","content":"### sec.4C Certain building contractors not bound\n\nParts 5 and 6 do not bind a building contractor to the extent that the business carried on by the building contractor consists of or includes—\ncarrying out completed building inspections; or\ncontract administration carried out in relation to building work designed by the building contractor.\ns 4C ins 1999 No. 43 s 5\nsub 2003 No. 1 s 5\n- (a) carrying out completed building inspections; or\n- (b) contract administration carried out in relation to building work designed by the building contractor.","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Building and Construction Commission","content":"# Queensland Building and Construction Commission","sortOrder":9},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment, functions and powers","content":"## Establishment, functions and powers","sortOrder":10},{"sectionNumber":"sec.5","sectionType":"section","heading":"Establishment and status","content":"### sec.5 Establishment and status\n\nThe Queensland Building and Construction Commission is established.\nThe commission—\nis a body corporate; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\ns 5 sub 2013 No. 38 s 5\n(sec.5-ssec.1) The Queensland Building and Construction Commission is established.\n(sec.5-ssec.2) The commission— is a body corporate; and has a common seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":11},{"sectionNumber":"sec.6","sectionType":"section","heading":"Constitution","content":"### sec.6 Constitution\n\nThe commission consists of—\nthe Queensland Building and Construction Board; and\nthe commissioner and the organisational unit under the control of the commissioner; and\nthe Service Trades Council.\nThe Service Trades Council is continued in existence under the Plumbing and Drainage Act 2018 , section 105 .\ns 6 amd 1994 No. 20 s 5\nsub 2013 No. 38 s 5\namd 2016 No. 11 s 14 ; 2018 No. 17 s 197 sch 2\n- (a) the Queensland Building and Construction Board; and\n- (b) the commissioner and the organisational unit under the control of the commissioner; and\n- (c) the Service Trades Council. Note— The Service Trades Council is continued in existence under the Plumbing and Drainage Act 2018 , section 105 .","sortOrder":12},{"sectionNumber":"sec.7","sectionType":"section","heading":"Functions","content":"### sec.7 Functions\n\nThe commission has the following functions—\nto administer this Act and further its objects;\nany function given to it under another Act.\ns 7 sub 2013 No. 38 s 5\n- (a) to administer this Act and further its objects;\n- (b) any function given to it under another Act.","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Powers","content":"### sec.8 Powers\n\nThe commission has all the powers of an individual and may, for example—\nenter into contracts or agreements; and\nacquire, hold, deal with and dispose of, property; and\nemploy staff; and\nappoint agents and attorneys; and\nengage consultants; and\ncharge a fee for services and other facilities it supplies; and\ndo anything else necessary or convenient to be done for its functions.\nWithout limiting subsection (1) , the commission has the powers given to it under an Act.\ns 8 sub 2013 No. 38 s 5\n(sec.8-ssec.1) The commission has all the powers of an individual and may, for example— enter into contracts or agreements; and acquire, hold, deal with and dispose of, property; and employ staff; and appoint agents and attorneys; and engage consultants; and charge a fee for services and other facilities it supplies; and do anything else necessary or convenient to be done for its functions.\n(sec.8-ssec.2) Without limiting subsection (1) , the commission has the powers given to it under an Act.\n- (a) enter into contracts or agreements; and\n- (b) acquire, hold, deal with and dispose of, property; and\n- (c) employ staff; and\n- (d) appoint agents and attorneys; and\n- (e) engage consultants; and\n- (f) charge a fee for services and other facilities it supplies; and\n- (g) do anything else necessary or convenient to be done for its functions.","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Ministerial direction","content":"### sec.9 Ministerial direction\n\nThe Minister may give the commission a written direction in relation to the commission and its functions.\nThe commission must comply with the direction.\nThe Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 7 sitting days after it is given.\nThe commission’s annual report under the Financial Accountability Act 2009 , section 63 for the year in which the direction is given must include a copy of the direction.\ns 9 amd 1993 No. 76 s 3 sch 1\nsub 1994 No. 20 s 6\namd 1999 No. 43 s 6\nsub 2013 No. 38 s 5\n(sec.9-ssec.1) The Minister may give the commission a written direction in relation to the commission and its functions.\n(sec.9-ssec.2) The commission must comply with the direction.\n(sec.9-ssec.3) The Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 7 sitting days after it is given.\n(sec.9-ssec.4) The commission’s annual report under the Financial Accountability Act 2009 , section 63 for the year in which the direction is given must include a copy of the direction.","sortOrder":15},{"sectionNumber":"sec.9A","sectionType":"section","heading":null,"content":"### Section sec.9A\n\ns 9A ins 1994 No. 20 s 6\nsub 2003 No. 1 s 6\nom 2013 No. 38 s 5","sortOrder":16},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Queensland Building and Construction Board","content":"## Queensland Building and Construction Board","sortOrder":17},{"sectionNumber":"sec.10","sectionType":"section","heading":"Establishment","content":"### sec.10 Establishment\n\nThe Queensland Building and Construction Board is established as the commission’s governing body.\ns 10 amd 1994 No. 20 s 7\nsub 1999 No. 43 s 7 ; 2013 No. 38 s 5","sortOrder":18},{"sectionNumber":"sec.10A","sectionType":"section","heading":null,"content":"### Section sec.10A\n\ns 10A ins 1999 No. 43 s 7\namd 2007 No. 20 s 50\nom 2013 No. 38 s 5","sortOrder":19},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions","content":"### sec.11 Functions\n\nThe board has the following functions—\ndeciding the strategies and the operational, administrative and financial policies to be followed by the commission;\nensuring the commission performs its functions and exercises its powers in a proper, effective and efficient way;\nproviding guidance and leadership to the commissioner;\nproviding guidance and leadership to the Service Trades Council, other than in relation to its function of conferring on national policy development and implementation for the plumbing and drainage trade under the Plumbing and Drainage Act 2018 ;\nadvising the Minister on issues affecting—\nthe building industry; and\nconsumers; and\nthe administration of this Act; and\nthe administration of the commission;\nadvising the Minister about unfair or unconscionable trading practices affecting security of payments to contractors and subcontractors;\nconsulting the building industry and its consumers and advancing their interests, consistently with the objects of this Act.\ns 11 amd 1994 No. 20 s 3 sch\nsub 2013 No. 38 s 5\namd 2016 No. 11 s 15 ; 2017 No. 43 s 253 ; 2018 No. 17 s 197 sch 2\n- (a) deciding the strategies and the operational, administrative and financial policies to be followed by the commission;\n- (b) ensuring the commission performs its functions and exercises its powers in a proper, effective and efficient way;\n- (c) providing guidance and leadership to the commissioner;\n- (d) providing guidance and leadership to the Service Trades Council, other than in relation to its function of conferring on national policy development and implementation for the plumbing and drainage trade under the Plumbing and Drainage Act 2018 ;\n- (e) advising the Minister on issues affecting— (i) the building industry; and (ii) consumers; and (iii) the administration of this Act; and (iv) the administration of the commission;\n- (i) the building industry; and\n- (ii) consumers; and\n- (iii) the administration of this Act; and\n- (iv) the administration of the commission;\n- (f) advising the Minister about unfair or unconscionable trading practices affecting security of payments to contractors and subcontractors;\n- (g) consulting the building industry and its consumers and advancing their interests, consistently with the objects of this Act.\n- (i) the building industry; and\n- (ii) consumers; and\n- (iii) the administration of this Act; and\n- (iv) the administration of the commission;","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":"Appointment","content":"### sec.12 Appointment\n\nThe board consists of not more than 7 members appointed by the Governor in Council.\nIn appointing a person as a member, the Governor in Council is to—\nhave regard to the person’s ability to make a contribution to the effective and efficient performance of the commission’s functions; and\nhave regard to the person’s experience and competence in the following areas—\nbuilding and construction;\nfinance;\ncorporate governance and risk;\ninsurance, including knowledge and experience in the reinsurance market;\nconsumer advocacy and awareness;\npublic sector governance, including administration and enforcement of laws; and\nas far as possible, ensure the board has equal representation of the areas mentioned in paragraph (b) .\nThe members are appointed under this Act and not the Public Sector Act 2022 .\ns 12 amd 1994 No. 20 s 8 ; 1999 No. 43 s 8\nsub 2013 No. 38 s 5\namd 2017 No. 42 s 254 ; 2022 No. 34 s 365 sch 3 ; 2024 No. 14 s 65\n(sec.12-ssec.1) The board consists of not more than 7 members appointed by the Governor in Council.\n(sec.12-ssec.2) In appointing a person as a member, the Governor in Council is to— have regard to the person’s ability to make a contribution to the effective and efficient performance of the commission’s functions; and have regard to the person’s experience and competence in the following areas— building and construction; finance; corporate governance and risk; insurance, including knowledge and experience in the reinsurance market; consumer advocacy and awareness; public sector governance, including administration and enforcement of laws; and as far as possible, ensure the board has equal representation of the areas mentioned in paragraph (b) .\n(sec.12-ssec.3) The members are appointed under this Act and not the Public Sector Act 2022 .\n- (a) have regard to the person’s ability to make a contribution to the effective and efficient performance of the commission’s functions; and\n- (b) have regard to the person’s experience and competence in the following areas— (i) building and construction; (ii) finance; (iii) corporate governance and risk; (iv) insurance, including knowledge and experience in the reinsurance market; (v) consumer advocacy and awareness; (vi) public sector governance, including administration and enforcement of laws; and\n- (i) building and construction;\n- (ii) finance;\n- (iii) corporate governance and risk;\n- (iv) insurance, including knowledge and experience in the reinsurance market;\n- (v) consumer advocacy and awareness;\n- (vi) public sector governance, including administration and enforcement of laws; and\n- (c) as far as possible, ensure the board has equal representation of the areas mentioned in paragraph (b) .\n- (i) building and construction;\n- (ii) finance;\n- (iii) corporate governance and risk;\n- (iv) insurance, including knowledge and experience in the reinsurance market;\n- (v) consumer advocacy and awareness;\n- (vi) public sector governance, including administration and enforcement of laws; and","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"Disqualification as member","content":"### sec.13 Disqualification as member\n\nA person is disqualified from becoming, or continuing as, a member if the person—\nhas a recorded conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis not able to manage a corporation because of the Corporations Act , part 2D .6; or\nis a relevant officer or contractor of the commission.\ns 13 sub 2013 No. 38 s 5\n- (a) has a recorded conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is not able to manage a corporation because of the Corporations Act , part 2D .6; or\n- (d) is a relevant officer or contractor of the commission.","sortOrder":22},{"sectionNumber":"sec.14","sectionType":"section","heading":"Conditions of appointment","content":"### sec.14 Conditions of appointment\n\nA 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 holds office on the terms and conditions decided by the Governor in Council.\ns 14 sub 2013 No. 38 s 5\n(sec.14-ssec.1) A member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.14-ssec.2) For matters not provided for by this Act, a member holds office on the terms and conditions decided by the Governor in Council.","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Term of appointment","content":"### sec.15 Term of appointment\n\nA member is appointed for the term, of no more than 3 years, stated in the member’s instrument of appointment.\nHowever, a person’s appointment as a member ends if, during the term of the appointment, the person becomes disqualified under section 13 .\ns 15 sub 1999 No. 43 s 9 ; 2013 No. 38 s 5\n(sec.15-ssec.1) A member is appointed for the term, of no more than 3 years, stated in the member’s instrument of appointment.\n(sec.15-ssec.2) However, a person’s appointment as a member ends if, during the term of the appointment, the person becomes disqualified under section 13 .","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Chairperson","content":"### sec.16 Chairperson\n\nThe Governor in Council must appoint a member as the chairperson of the board.\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 the appointment, the person stops being a member.\ns 16 amd 1994 No. 20 s 3 sch\nsub 2013 No. 38 s 5\n(sec.16-ssec.1) The Governor in Council must appoint a member as the chairperson of the board.\n(sec.16-ssec.2) A person may be appointed as the chairperson when the person is appointed as a member.\n(sec.16-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.16-ssec.4) However, a person’s appointment as chairperson ends if, during the term of the appointment, the person stops being a member.","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Deputy chairperson","content":"### sec.17 Deputy chairperson\n\nThe Governor in Council must appoint a member, other than the chairperson, as deputy chairperson of the board.\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—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\nA person may be appointed as the deputy chairperson when the person is appointed as a member.\ns 17 amd 1994 No. 20 s 3 sch\nsub 2013 No. 38 s 5\namd 2016 No. 11 s 36 sch\n(sec.17-ssec.1) The Governor in Council must appoint a member, other than the chairperson, as deputy chairperson of the board.\n(sec.17-ssec.2) 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.17-ssec.3) However, a person’s appointment as deputy chairperson ends if, during the term of the appointment, the person stops being a member.\n(sec.17-ssec.4) The deputy chairperson must act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n(sec.17-ssec.5) A person may be appointed as the deputy chairperson when the person is appointed as a member.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Resignation","content":"### sec.18 Resignation\n\nA member may resign by signed notice given to the Minister.\nAlso, a member may resign 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 person resigning from the office of chairperson or deputy chairperson may continue to be a member.\ns 18 amd 1994 No. 20 ss 9 , 3 sch ; 1998 No. 13 s 188 ; 1999 No. 43 s 10 ; 2003 No. 36 s 38\nsub 2013 No. 38 s 5\n(sec.18-ssec.1) A member may resign by signed notice given to the Minister.\n(sec.18-ssec.2) Also, a member may resign the office of chairperson or deputy chairperson by signed notice given to the Minister.\n(sec.18-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.18-ssec.4) A person resigning 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":27},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 sub 1994 No. 20 s 10 ; 2013 No. 38 s 5\namd 2014 No. 57 s 5\nom 2017 No. 43 s 255","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Conduct of business","content":"### sec.20 Conduct of business\n\nSubject to this division and any requirement prescribed under a regulation, the board may conduct its business, including its meetings, in the way it considers appropriate.\ns 20 amd 1994 No. 20 s 3 sch ; 2007 No. 20 s 51\nsub 2013 No. 38 s 5","sortOrder":29},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Meetings","content":"### sec.20A Meetings\n\nThe chairperson must convene a meeting when requested by at least 3 members.\nAt a meeting of the board—\nthe number of members that is half the number appointed at the time of the meeting constitutes a quorum; and\na question is to be decided by a majority of votes of the members present and voting; and\neach member present has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting has a casting vote.\nThe board must keep minutes of its meetings.\ns 20A ins 2013 No. 38 s 5\namd 2017 No. 43 s 256\n(sec.20A-ssec.1) The chairperson must convene a meeting when requested by at least 3 members.\n(sec.20A-ssec.2) At a meeting of the board— the number of members that is half the number appointed at the time of the meeting constitutes a quorum; and a question is to be decided by a majority of votes of the members present and voting; and each member present has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting has a casting vote.\n(sec.20A-ssec.3) The board must keep minutes of its meetings.\n- (a) the number of members that is half the number appointed at the time of the meeting constitutes a quorum; and\n- (b) a question is to be decided by a majority of votes of the members present and voting; and\n- (c) each member present has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting has a casting vote.","sortOrder":30},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Committees","content":"### sec.20B Committees\n\nThe Building Products Advisory Committee is established.\nThe Building Products Advisory Committee—\nconsists of the members prescribed by regulation; and\nhas a primary function of giving the Minister, commissioner and board advice about the following matters—\nthe suitability of particular building products for particular uses;\nthe safety of particular building products, whether or not they are associated with an existing building;\nthe safety of a building with which a non-conforming building product has been associated;\nhow to promote the safe use of building products in the building industry;\nhow to raise awareness of non-conforming building products;\naction under this Act that may be appropriate for dealing with non-conforming building products; and\nhas any other functions prescribed by regulation; and\nhas all the powers necessary for performing its functions, including obtaining expert advice from industry bodies and other persons.\nThe board, or the Minister, may appoint other committees to advise the Minister, commissioner or board on particular subjects.\ns 20B ins 2013 No. 38 s 5\nsub 2017 No. 29 s 5\n(sec.20B-ssec.1) The Building Products Advisory Committee is established.\n(sec.20B-ssec.2) The Building Products Advisory Committee— consists of the members prescribed by regulation; and has a primary function of giving the Minister, commissioner and board advice about the following matters— the suitability of particular building products for particular uses; the safety of particular building products, whether or not they are associated with an existing building; the safety of a building with which a non-conforming building product has been associated; how to promote the safe use of building products in the building industry; how to raise awareness of non-conforming building products; action under this Act that may be appropriate for dealing with non-conforming building products; and has any other functions prescribed by regulation; and has all the powers necessary for performing its functions, including obtaining expert advice from industry bodies and other persons.\n(sec.20B-ssec.3) The board, or the Minister, may appoint other committees to advise the Minister, commissioner or board on particular subjects.\n- (a) consists of the members prescribed by regulation; and\n- (b) has a primary function of giving the Minister, commissioner and board advice about the following matters— (i) the suitability of particular building products for particular uses; (ii) the safety of particular building products, whether or not they are associated with an existing building; (iii) the safety of a building with which a non-conforming building product has been associated; (iv) how to promote the safe use of building products in the building industry; (v) how to raise awareness of non-conforming building products; (vi) action under this Act that may be appropriate for dealing with non-conforming building products; and\n- (i) the suitability of particular building products for particular uses;\n- (ii) the safety of particular building products, whether or not they are associated with an existing building;\n- (iii) the safety of a building with which a non-conforming building product has been associated;\n- (iv) how to promote the safe use of building products in the building industry;\n- (v) how to raise awareness of non-conforming building products;\n- (vi) action under this Act that may be appropriate for dealing with non-conforming building products; and\n- (c) has any other functions prescribed by regulation; and\n- (d) has all the powers necessary for performing its functions, including obtaining expert advice from industry bodies and other persons.\n- (i) the suitability of particular building products for particular uses;\n- (ii) the safety of particular building products, whether or not they are associated with an existing building;\n- (iii) the safety of a building with which a non-conforming building product has been associated;\n- (iv) how to promote the safe use of building products in the building industry;\n- (v) how to raise awareness of non-conforming building products;\n- (vi) action under this Act that may be appropriate for dealing with non-conforming building products; and","sortOrder":31},{"sectionNumber":"sec.20C","sectionType":"section","heading":"Disclosure of interests","content":"### sec.20C Disclosure of interests\n\nThis section applies to a member if—\nthe member has an interest in an issue being considered, or about to be considered, by the board; and\nthe interest conflicts or may conflict with the proper performance of the member’s duties about the consideration of the issue.\nAfter the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.\nUnless the board otherwise directs, the member must not—\nbe present when the board considers the issue; or\ntake part in a decision of the board about the issue.\nThe member must not be present when the board is considering whether to give the direction.\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 board is considering whether to give the direction; or\ntake part in making the decision about giving the direction.\nSubsections (7) and (8) apply if—\nbecause of this section, a member is not present at a board meeting for considering or deciding the issue, or for considering or deciding whether to give the direction; and\nthere would be a quorum if the member were present.\nThe remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nIf there are no members who may remain present for considering or deciding the issue, the Minister may consider and decide the issue.\nThe disclosure must be recorded in the board’s minutes.\ns 20C ins 2013 No. 38 s 5\n(sec.20C-ssec.1) This section applies to a member if— the member has an interest in an issue being considered, or about to be considered, by the board; and the interest conflicts or may conflict with the proper performance of the member’s duties about the consideration of the issue.\n(sec.20C-ssec.2) After the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.\n(sec.20C-ssec.3) Unless the board otherwise directs, the member must not— be present when the board considers the issue; or take part in a decision of the board about the issue.\n(sec.20C-ssec.4) The member must not be present when the board is considering whether to give the direction.\n(sec.20C-ssec.5) 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 board is considering whether to give the direction; or take part in making the decision about giving the direction.\n(sec.20C-ssec.6) Subsections (7) and (8) apply if— because of this section, a member is not present at a board meeting for considering or deciding the issue, or for considering or deciding whether to give the direction; and there would be a quorum if the member were present.\n(sec.20C-ssec.7) The remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.20C-ssec.8) If there are no members who may remain present for considering or deciding the issue, the Minister may consider and decide the issue.\n(sec.20C-ssec.9) The disclosure must be recorded in the board’s minutes.\n- (a) the member has an interest in an issue being considered, or about to be considered, by the board; and\n- (b) the interest conflicts or may conflict with the proper performance of the member’s duties about the consideration of the issue.\n- (a) be present when the board considers the issue; or\n- (b) take part in a decision of the board about the issue.\n- (a) be present when the board is considering whether to give the direction; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a member is not present at a board meeting for considering or deciding the issue, or for considering or deciding whether to give the direction; and\n- (b) there would be a quorum if the member were present.","sortOrder":32},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Commissioner","content":"## Commissioner","sortOrder":33},{"sectionNumber":"sec.20D","sectionType":"section","heading":"Appointment","content":"### sec.20D Appointment\n\nThe commission must have a commissioner.\nThe commissioner must be appointed by the board with the Minister’s prior written approval.\nThe commissioner is employed under this Act and not under the Public Sector Act 2022 .\ns 20D ins 2013 No. 38 s 5\namd 2022 No. 34 s 365 sch 3\n(sec.20D-ssec.1) The commission must have a commissioner.\n(sec.20D-ssec.2) The commissioner must be appointed by the board with the Minister’s prior written approval.\n(sec.20D-ssec.3) The commissioner is employed under this Act and not under the Public Sector Act 2022 .","sortOrder":34},{"sectionNumber":"sec.20E","sectionType":"section","heading":"Disqualification as commissioner","content":"### sec.20E Disqualification as commissioner\n\nA person is disqualified from becoming, or continuing as, the commissioner if the person—\nhas a recorded conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis not able to manage a corporation because of the Corporations Act , part 2D .6; or\nis a member or a contractor of the commission.\ns 20E ins 2013 No. 38 s 5\n- (a) has a recorded conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is not able to manage a corporation because of the Corporations Act , part 2D .6; or\n- (d) is a member or a contractor of the commission.","sortOrder":35},{"sectionNumber":"sec.20F","sectionType":"section","heading":"Conditions of appointment","content":"### sec.20F Conditions of appointment\n\nFor matters not provided for under this Act or stated in the contract of employment, the commissioner holds office on the terms of appointment decided by the board with the Minister’s written approval.\ns 20F ins 2013 No. 38 s 5","sortOrder":36},{"sectionNumber":"sec.20G","sectionType":"section","heading":"Term of appointment","content":"### sec.20G Term of appointment\n\nThe commissioner holds office for the term, not more than 3 years, stated in his or her contract of employment.\nHowever, a person’s appointment as commissioner ends if, during the term of the appointment, the person becomes disqualified under section 20E .\nAlthough the board may, at any time, remove a person appointed as commissioner, the removal does not affect any rights to compensation to which the person is entitled under his or her contract of employment.\ns 20G ins 2013 No. 38 s 5\n(sec.20G-ssec.1) The commissioner holds office for the term, not more than 3 years, stated in his or her contract of employment.\n(sec.20G-ssec.2) However, a person’s appointment as commissioner ends if, during the term of the appointment, the person becomes disqualified under section 20E .\n(sec.20G-ssec.3) Although the board may, at any time, remove a person appointed as commissioner, the removal does not affect any rights to compensation to which the person is entitled under his or her contract of employment.","sortOrder":37},{"sectionNumber":"sec.20H","sectionType":"section","heading":"Resignation","content":"### sec.20H Resignation\n\nThe commissioner may resign by signed notice given to the chairperson of the board.\ns 20H ins 2013 No. 38 s 5","sortOrder":38},{"sectionNumber":"sec.20I","sectionType":"section","heading":"Appointment of acting commissioner","content":"### sec.20I Appointment of acting commissioner\n\nThe board may only act under the Acts Interpretation Act 1954 , section 24B or 25 in appointing a person to act in the office of commissioner with the Minister’s prior written approval.\ns 20I ins 2013 No. 38 s 5","sortOrder":39},{"sectionNumber":"sec.20J","sectionType":"section","heading":"Role of the commissioner","content":"### sec.20J Role of the commissioner\n\nThe commissioner is responsible for the following—\nthe overall management of the organisational unit under the control of the commissioner;\nadministration of the licensing system established by this Act;\nadministration of a system of inspection;\nissuing directions for rectification of building work under this Act;\nmonitoring, investigating and enforcing compliance with part 6AA , including giving directions for remedial action for contraventions of part 6AA , division 2 , subdivision 2 ;\ntaking disciplinary and other proceedings under this Act;\nassessing and approving payment of insurance claims;\nundertaking strategic planning;\nissuing warnings to the public or any section of the public;\nproviding and promoting consumer education;\npublishing information about building products, including, for example—\nthe uses for which particular building products are not suitable; and\nhow to use particular building products to ensure their use is safe and complies with relevant legislation;\nproviding an advisory service to consumers about—\ntheir statutory rights and obligations; and\ninsurance claims that may arise about building work; and\nthe commission’s role, functions and operating procedures; and\nany incidental matters;\nproviding courses of instruction for—\npersons seeking to obtain licences; and\nlicensees; and\npersons proposing to carry out building work as owner-builders; and\nother persons seeking to acquire knowledge or expertise in subjects related to the building industry;\nperforming a function given to the commissioner under an Act.\nIn undertaking the strategic planning, the commissioner must have regard to cyclical industry conditions to ensure the commission’s available revenue base, and its assets and reserves, are enough to allow it to maintain the services it is required to provide.\nThe commissioner has all the powers necessary for carrying out those responsibilities and any function (an additional function ) the commissioner is authorised by another Act to carry out.\nIn carrying out an additional function, the commissioner may adopt the procedures of this Act unless the Act authorising the function prescribes another procedure.\ns 20J ins 2013 No. 38 s 5\namd 2017 No. 29 s 6\n(sec.20J-ssec.1) The commissioner is responsible for the following— the overall management of the organisational unit under the control of the commissioner; administration of the licensing system established by this Act; administration of a system of inspection; issuing directions for rectification of building work under this Act; monitoring, investigating and enforcing compliance with part 6AA , including giving directions for remedial action for contraventions of part 6AA , division 2 , subdivision 2 ; taking disciplinary and other proceedings under this Act; assessing and approving payment of insurance claims; undertaking strategic planning; issuing warnings to the public or any section of the public; providing and promoting consumer education; publishing information about building products, including, for example— the uses for which particular building products are not suitable; and how to use particular building products to ensure their use is safe and complies with relevant legislation; providing an advisory service to consumers about— their statutory rights and obligations; and insurance claims that may arise about building work; and the commission’s role, functions and operating procedures; and any incidental matters; providing courses of instruction for— persons seeking to obtain licences; and licensees; and persons proposing to carry out building work as owner-builders; and other persons seeking to acquire knowledge or expertise in subjects related to the building industry; performing a function given to the commissioner under an Act.\n(sec.20J-ssec.2) In undertaking the strategic planning, the commissioner must have regard to cyclical industry conditions to ensure the commission’s available revenue base, and its assets and reserves, are enough to allow it to maintain the services it is required to provide.\n(sec.20J-ssec.3) The commissioner has all the powers necessary for carrying out those responsibilities and any function (an additional function ) the commissioner is authorised by another Act to carry out.\n(sec.20J-ssec.4) In carrying out an additional function, the commissioner may adopt the procedures of this Act unless the Act authorising the function prescribes another procedure.\n- (a) the overall management of the organisational unit under the control of the commissioner;\n- (b) administration of the licensing system established by this Act;\n- (c) administration of a system of inspection;\n- (d) issuing directions for rectification of building work under this Act;\n- (e) monitoring, investigating and enforcing compliance with part 6AA , including giving directions for remedial action for contraventions of part 6AA , division 2 , subdivision 2 ;\n- (f) taking disciplinary and other proceedings under this Act;\n- (g) assessing and approving payment of insurance claims;\n- (h) undertaking strategic planning;\n- (i) issuing warnings to the public or any section of the public;\n- (j) providing and promoting consumer education;\n- (k) publishing information about building products, including, for example— (i) the uses for which particular building products are not suitable; and (ii) how to use particular building products to ensure their use is safe and complies with relevant legislation;\n- (i) the uses for which particular building products are not suitable; and\n- (ii) how to use particular building products to ensure their use is safe and complies with relevant legislation;\n- (l) providing an advisory service to consumers about— (i) their statutory rights and obligations; and (ii) insurance claims that may arise about building work; and (iii) the commission’s role, functions and operating procedures; and (iv) any incidental matters;\n- (i) their statutory rights and obligations; and\n- (ii) insurance claims that may arise about building work; and\n- (iii) the commission’s role, functions and operating procedures; and\n- (iv) any incidental matters;\n- (m) providing courses of instruction for— (i) persons seeking to obtain licences; and (ii) licensees; and (iii) persons proposing to carry out building work as owner-builders; and (iv) other persons seeking to acquire knowledge or expertise in subjects related to the building industry;\n- (i) persons seeking to obtain licences; and\n- (ii) licensees; and\n- (iii) persons proposing to carry out building work as owner-builders; and\n- (iv) other persons seeking to acquire knowledge or expertise in subjects related to the building industry;\n- (n) performing a function given to the commissioner under an Act.\n- (i) the uses for which particular building products are not suitable; and\n- (ii) how to use particular building products to ensure their use is safe and complies with relevant legislation;\n- (i) their statutory rights and obligations; and\n- (ii) insurance claims that may arise about building work; and\n- (iii) the commission’s role, functions and operating procedures; and\n- (iv) any incidental matters;\n- (i) persons seeking to obtain licences; and\n- (ii) licensees; and\n- (iii) persons proposing to carry out building work as owner-builders; and\n- (iv) other persons seeking to acquire knowledge or expertise in subjects related to the building industry;","sortOrder":40},{"sectionNumber":"sec.20K","sectionType":"section","heading":"Relationship between commissioner and board","content":"### sec.20K Relationship between commissioner and board\n\nIn carrying out the commissioner’s responsibilities, other than performing an additional function, the commissioner must give effect to any policy or direction of the board relevant to the responsibility.\nHowever, the commissioner must act independently of the board when making any of the following types of decisions giving effect to the board’s policies—\na decision about the action to be taken about a licensee’s licence;\na decision about rectification or completion of building work;\na decision relating to the statutory insurance scheme;\na decision to give information to a health and safety regulator under section 28A ;\na decision to give a direction under section 74AN ;\na decision about a building product undertaking under part 6AA , division 3 ;\na decision to issue a stop work notice under section 108AI .\nThe commissioner must—\nreport regularly to the board on the administration of this Act; and\nat the request of the board, provide the board with a special report on a particular subject.\nIn this section—\nadditional function see section 20J (3) .\ns 20K ins 2013 No. 38 s 5\namd 2017 No. 29 s 7\n(sec.20K-ssec.1) In carrying out the commissioner’s responsibilities, other than performing an additional function, the commissioner must give effect to any policy or direction of the board relevant to the responsibility.\n(sec.20K-ssec.2) However, the commissioner must act independently of the board when making any of the following types of decisions giving effect to the board’s policies— a decision about the action to be taken about a licensee’s licence; a decision about rectification or completion of building work; a decision relating to the statutory insurance scheme; a decision to give information to a health and safety regulator under section 28A ; a decision to give a direction under section 74AN ; a decision about a building product undertaking under part 6AA , division 3 ; a decision to issue a stop work notice under section 108AI .\n(sec.20K-ssec.3) The commissioner must— report regularly to the board on the administration of this Act; and at the request of the board, provide the board with a special report on a particular subject.\n(sec.20K-ssec.4) In this section— additional function see section 20J (3) .\n- (a) a decision about the action to be taken about a licensee’s licence;\n- (b) a decision about rectification or completion of building work;\n- (c) a decision relating to the statutory insurance scheme;\n- (d) a decision to give information to a health and safety regulator under section 28A ;\n- (e) a decision to give a direction under section 74AN ;\n- (f) a decision about a building product undertaking under part 6AA , division 3 ;\n- (g) a decision to issue a stop work notice under section 108AI .\n- (a) report regularly to the board on the administration of this Act; and\n- (b) at the request of the board, provide the board with a special report on a particular subject.","sortOrder":41},{"sectionNumber":"sec.20L","sectionType":"section","heading":"Commissioner not to engage in other paid employment","content":"### sec.20L Commissioner not to engage in other paid employment\n\nThe commissioner must not, without the board’s prior written approval—\nengage in paid employment outside the duties of the office of commissioner; or\nactively take part in the activities of a business, or in the management of a corporation carrying on business.\ns 20L ins 2013 No. 38 s 5\n- (a) engage in paid employment outside the duties of the office of commissioner; or\n- (b) actively take part in the activities of a business, or in the management of a corporation carrying on business.","sortOrder":42},{"sectionNumber":"sec.20M","sectionType":"section","heading":"Conflicts of interest","content":"### sec.20M Conflicts of interest\n\nIf the commissioner has an interest that conflicts or may conflict with the discharge of the commissioner’s responsibilities, the commissioner—\nmust disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the commissioner’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.\ns 20M ins 2013 No. 38 s 5\n- (a) must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the commissioner’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.","sortOrder":43},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":44},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"The insurance manager","content":"## The insurance manager","sortOrder":45},{"sectionNumber":"sec.21","sectionType":"section","heading":"Appointment of insurance manager","content":"### sec.21 Appointment of insurance manager\n\nThere is to be an insurance manager of the commission.\nThe commission must—\nappoint an individual to be the insurance manager; or\nenter into a work performance arrangement under which an employee of the employing office or of another government entity holds office as the insurance manager.\nIf the commission appoints a person to be the insurance manager under subsection (2) (a) , the remuneration and conditions of appointment of the insurance manager are to be decided by the commission.\nThe commission may appoint a person to act, or enter into a work performance arrangement under which an employee of the employing office or of another government entity acts, as insurance manager of the commission—\nwhen there is a vacancy in the position of insurance manager of the commission; or\nfor any period, or all periods, when the insurance manager is absent from duty or, for any other reason, can not perform the functions of the position.\ns 21 prev s 21 om 1994 No. 20 s 11\npres s 21 ins 1999 No. 43 s 11\namd 2007 No. 20 s 52 ; 2013 No. 38 s 14 sch 1\n(sec.21-ssec.1) There is to be an insurance manager of the commission.\n(sec.21-ssec.2) The commission must— appoint an individual to be the insurance manager; or enter into a work performance arrangement under which an employee of the employing office or of another government entity holds office as the insurance manager.\n(sec.21-ssec.3) If the commission appoints a person to be the insurance manager under subsection (2) (a) , the remuneration and conditions of appointment of the insurance manager are to be decided by the commission.\n(sec.21-ssec.4) The commission may appoint a person to act, or enter into a work performance arrangement under which an employee of the employing office or of another government entity acts, as insurance manager of the commission— when there is a vacancy in the position of insurance manager of the commission; or for any period, or all periods, when the insurance manager is absent from duty or, for any other reason, can not perform the functions of the position.\n- (a) appoint an individual to be the insurance manager; or\n- (b) enter into a work performance arrangement under which an employee of the employing office or of another government entity holds office as the insurance manager.\n- (a) when there is a vacancy in the position of insurance manager of the commission; or\n- (b) for any period, or all periods, when the insurance manager is absent from duty or, for any other reason, can not perform the functions of the position.","sortOrder":46},{"sectionNumber":"sec.22","sectionType":"section","heading":"Role of insurance manager","content":"### sec.22 Role of insurance manager\n\nThe insurance manager must report regularly to the board on the administration of the statutory insurance scheme and, if asked by the board, must give the board a special report on a particular subject.\nThe insurance manager is independent of the commissioner’s direction in reporting under subsection (1) , but is otherwise subject to the commissioner’s direction.\ns 22 prev s 22 om 1994 No. 20 s 11\npres s 22 ins 1999 No. 43 s 11\namd 2022 No. 11 s 68 sch 1\n(sec.22-ssec.1) The insurance manager must report regularly to the board on the administration of the statutory insurance scheme and, if asked by the board, must give the board a special report on a particular subject.\n(sec.22-ssec.2) The insurance manager is independent of the commissioner’s direction in reporting under subsection (1) , but is otherwise subject to the commissioner’s direction.","sortOrder":47},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 om 1994 No. 20 s 11","sortOrder":48},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 1994 No. 20 s 11","sortOrder":49},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Financial provisions","content":"## Financial provisions","sortOrder":50},{"sectionNumber":"sec.25","sectionType":"section","heading":"General Statutory Fund","content":"### sec.25 General Statutory Fund\n\nA fund called the General Statutory Fund is established.\nThe fund consists of—\nthe balance of the Builders’ Registration Board General Fund as at the commencement of this section; and\nany money received or recovered by the commission except in connection with the insurance scheme; and\nall amounts transferred from the Insurance Fund under section 26 .\nThe following amounts are to be paid from the fund—\ncosts of administering this Act, apart from the costs of administering the statutory insurance scheme;\namounts mentioned in subsection (4A) .\nA regulation may state a single amount that is to be transferred from the fund to the Insurance Fund.\nThe commission must, at times decided by the commission, transfer amounts from the fund to the Insurance Fund in payment of the single amount stated in the regulation made under subsection (4) .\nThe commission may apply any amount surplus to the commission’s budgetary requirements for a particular financial year to encourage or assist education or research related to the building industry.\ns 25 amd 1996 No. 54 s 9 sch ; 1999 No. 43 s 12 ; 2000 No. 10 s 183 sch 1 ; 2002 No. 51 s 101 sch ; 2003 No. 1 s 7 ; 2013 No. 38 s 14 sch 1\n(sec.25-ssec.1) A fund called the General Statutory Fund is established.\n(sec.25-ssec.2) The fund consists of— the balance of the Builders’ Registration Board General Fund as at the commencement of this section; and any money received or recovered by the commission except in connection with the insurance scheme; and all amounts transferred from the Insurance Fund under section 26 .\n(sec.25-ssec.3) The following amounts are to be paid from the fund— costs of administering this Act, apart from the costs of administering the statutory insurance scheme; amounts mentioned in subsection (4A) .\n(sec.25-ssec.4) A regulation may state a single amount that is to be transferred from the fund to the Insurance Fund.\n(sec.25-ssec.4A) The commission must, at times decided by the commission, transfer amounts from the fund to the Insurance Fund in payment of the single amount stated in the regulation made under subsection (4) .\n(sec.25-ssec.5) The commission may apply any amount surplus to the commission’s budgetary requirements for a particular financial year to encourage or assist education or research related to the building industry.\n- (a) the balance of the Builders’ Registration Board General Fund as at the commencement of this section; and\n- (b) any money received or recovered by the commission except in connection with the insurance scheme; and\n- (c) all amounts transferred from the Insurance Fund under section 26 .\n- (a) costs of administering this Act, apart from the costs of administering the statutory insurance scheme;\n- (b) amounts mentioned in subsection (4A) .","sortOrder":51},{"sectionNumber":"sec.26","sectionType":"section","heading":"Insurance Fund","content":"### sec.26 Insurance Fund\n\nA fund called the Insurance Fund is established.\nThe fund consists of—\nthe balance of the Builders’ Registration Board Insurance Fund as at the commencement of this section; and\nall money received or recovered by the commission in connection with the statutory insurance scheme; and\nall amounts transferred from the General Statutory Fund under section 25 .\nThe following amounts are to be paid from the fund—\nthe costs of administering the statutory insurance scheme;\nthe costs of paying out claims under the statutory insurance scheme.\nA regulation may require the fund to be managed—\nin the way prescribed under a regulation; or\nin accordance with an external standard of fund administration prescribed under a regulation.\ns 26 amd 1994 No. 20 s 3 sch ; 1996 No. 54 s 9 sch ; 1999 No. 43 s 13 ; 2003 No. 1 s 8 ; 2003 No. 36 s 39 ; 2013 No. 38 s 14 sch 1\n(sec.26-ssec.1) A fund called the Insurance Fund is established.\n(sec.26-ssec.2) The fund consists of— the balance of the Builders’ Registration Board Insurance Fund as at the commencement of this section; and all money received or recovered by the commission in connection with the statutory insurance scheme; and all amounts transferred from the General Statutory Fund under section 25 .\n(sec.26-ssec.3) The following amounts are to be paid from the fund— the costs of administering the statutory insurance scheme; the costs of paying out claims under the statutory insurance scheme.\n(sec.26-ssec.4) A regulation may require the fund to be managed— in the way prescribed under a regulation; or in accordance with an external standard of fund administration prescribed under a regulation.\n- (a) the balance of the Builders’ Registration Board Insurance Fund as at the commencement of this section; and\n- (b) all money received or recovered by the commission in connection with the statutory insurance scheme; and\n- (c) all amounts transferred from the General Statutory Fund under section 25 .\n- (a) the costs of administering the statutory insurance scheme;\n- (b) the costs of paying out claims under the statutory insurance scheme.\n- (a) in the way prescribed under a regulation; or\n- (b) in accordance with an external standard of fund administration prescribed under a regulation.","sortOrder":52},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Management of statutory insurance scheme","content":"### sec.26A Management of statutory insurance scheme\n\nThe commission must ensure that the statutory insurance scheme is managed in accordance with actuarially sustainable principles so that the amounts paid into the Insurance Fund under section 26 (2) will be sufficient to satisfy the amounts to be paid from the Insurance Fund under section 26 (3) .\ns 26A ins 2003 No. 36 s 40\namd 2013 No. 38 s 14 sch 1","sortOrder":53},{"sectionNumber":"sec.27","sectionType":"section","heading":"Application of financial Acts","content":"### sec.27 Application of financial Acts\n\nThe commission is—\na statutory body under the Financial Accountability Act 2009 ; and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ).\nThe SBFA , part 2B , sets out the way in which the commission’s powers under this Act are affected by the SBFA .\ns 27 prev s 27 om 1992 No. 36 s 2 sch 1\npres s 27 ins 1996 No. 54 s 9 sch\nsub 2013 No. 38 s 6\n(sec.27-ssec.1) The commission is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ).\n(sec.27-ssec.2) The SBFA , part 2B , sets out the way in which the commission’s powers under this Act are affected by the SBFA .\n- (a) a statutory body under the Financial Accountability Act 2009 ; and\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ).","sortOrder":54},{"sectionNumber":"sec.28","sectionType":"section","heading":"Commission’s obligation to report suspected offence","content":"### sec.28 Commission’s obligation to report suspected offence\n\nIf the commission has reason to suspect that an offence resulting in loss of money, or loss or damage to other property has been committed, the matter must be reported to the auditor-general and the police.\ns 28 amd 2013 No. 38 s 14 sch 1","sortOrder":55},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":56},{"sectionNumber":"sec.28AA","sectionType":"section","heading":"Public register of interests","content":"### sec.28AA Public register of interests\n\nThe commission must publish a register of members’ interests on the commission’s website.\nThe register must include, for each member, details of each disclosure recorded in the board’s minutes under section 20C .\nEntries in the register for a person who has ceased to be a member may remain in the register on the commission’s website as the commission considers appropriate.\nThe register may contain other information about a member or former member with the consent of the member or former member.\ns 28AA ins 2024 No. 14 s 66\n(sec.28AA-ssec.1) The commission must publish a register of members’ interests on the commission’s website.\n(sec.28AA-ssec.2) The register must include, for each member, details of each disclosure recorded in the board’s minutes under section 20C .\n(sec.28AA-ssec.3) Entries in the register for a person who has ceased to be a member may remain in the register on the commission’s website as the commission considers appropriate.\n(sec.28AA-ssec.4) The register may contain other information about a member or former member with the consent of the member or former member.","sortOrder":57},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Commission must give particular information to health and safety regulator","content":"### sec.28A Commission must give particular information to health and safety regulator\n\nThis section applies if the commission considers information obtained by the commission in the performance of a function under this Act in relation to a notifiable incident may be relevant to the functions of a health and safety regulator.\nThe commission must give the information to the health and safety regulator.\nIn this section—\nhealth and safety regulator means—\nthe regulator under the Work Health and Safety Act 2011 ; or\nthe regulator under the Electrical Safety Act 2002 ; or\nthe chief executive of the department in which the Public Health Act 2005 is administered, or a chief executive officer of a local government, but only in relation to the chief executive’s or chief executive officer’s functions under the Public Health Act 2005 ; or\nan entity that—\nhas functions similar to the functions of the commission or an entity mentioned in paragraph (a) to (c) ; and\nis prescribed by regulation for this section.\ns 28A ins 2017 No. 29 s 8\n(sec.28A-ssec.1) This section applies if the commission considers information obtained by the commission in the performance of a function under this Act in relation to a notifiable incident may be relevant to the functions of a health and safety regulator.\n(sec.28A-ssec.2) The commission must give the information to the health and safety regulator.\n(sec.28A-ssec.3) In this section— health and safety regulator means— the regulator under the Work Health and Safety Act 2011 ; or the regulator under the Electrical Safety Act 2002 ; or the chief executive of the department in which the Public Health Act 2005 is administered, or a chief executive officer of a local government, but only in relation to the chief executive’s or chief executive officer’s functions under the Public Health Act 2005 ; or an entity that— has functions similar to the functions of the commission or an entity mentioned in paragraph (a) to (c) ; and is prescribed by regulation for this section.\n- (a) the regulator under the Work Health and Safety Act 2011 ; or\n- (b) the regulator under the Electrical Safety Act 2002 ; or\n- (c) the chief executive of the department in which the Public Health Act 2005 is administered, or a chief executive officer of a local government, but only in relation to the chief executive’s or chief executive officer’s functions under the Public Health Act 2005 ; or\n- (d) an entity that— (i) has functions similar to the functions of the commission or an entity mentioned in paragraph (a) to (c) ; and (ii) is prescribed by regulation for this section.\n- (i) has functions similar to the functions of the commission or an entity mentioned in paragraph (a) to (c) ; and\n- (ii) is prescribed by regulation for this section.\n- (i) has functions similar to the functions of the commission or an entity mentioned in paragraph (a) to (c) ; and\n- (ii) is prescribed by regulation for this section.","sortOrder":58},{"sectionNumber":"sec.28B","sectionType":"section","heading":"Exchange of information between commission and relevant agencies","content":"### sec.28B Exchange of information between commission and relevant agencies\n\nThe commission may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purpose of sharing or exchanging information—\nheld by the commission or the relevant agency; or\nto which the commission or the relevant agency has access.\nAn information-sharing arrangement may relate only to information—\nthat helps—\nthe commission perform the commission’s functions; or\nFor the commission’s functions, see section 7 .\nthe relevant agency perform its functions; or\nthe disclosure of which is reasonably necessary for protecting the health or safety of a person or property.\nUnder an information-sharing arrangement, the commission and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nIn this section—\nrelevant agency means—\nthe chief executive of a department; or\na health and safety regulator within the meaning of section 28A ; or\na local government; or\nan agency of the Commonwealth, or another State, prescribed by regulation; or\nan entity established under an Act.\ns 28B ins 2017 No. 29 s 8\namd 2022 No. 11 s 60\n(sec.28B-ssec.1) The commission may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purpose of sharing or exchanging information— held by the commission or the relevant agency; or to which the commission or the relevant agency has access.\n(sec.28B-ssec.2) An information-sharing arrangement may relate only to information— that helps— the commission perform the commission’s functions; or For the commission’s functions, see section 7 . the relevant agency perform its functions; or the disclosure of which is reasonably necessary for protecting the health or safety of a person or property.\n(sec.28B-ssec.3) Under an information-sharing arrangement, the commission and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.28B-ssec.4) In this section— relevant agency means— the chief executive of a department; or a health and safety regulator within the meaning of section 28A ; or a local government; or an agency of the Commonwealth, or another State, prescribed by regulation; or an entity established under an Act.\n- (a) held by the commission or the relevant agency; or\n- (b) to which the commission or the relevant agency has access.\n- (a) that helps— (i) the commission perform the commission’s functions; or Note— For the commission’s functions, see section 7 . (ii) the relevant agency perform its functions; or\n- (i) the commission perform the commission’s functions; or Note— For the commission’s functions, see section 7 .\n- (ii) the relevant agency perform its functions; or\n- (b) the disclosure of which is reasonably necessary for protecting the health or safety of a person or property.\n- (i) the commission perform the commission’s functions; or Note— For the commission’s functions, see section 7 .\n- (ii) the relevant agency perform its functions; or\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the chief executive of a department; or\n- (b) a health and safety regulator within the meaning of section 28A ; or\n- (c) a local government; or\n- (d) an agency of the Commonwealth, or another State, prescribed by regulation; or\n- (e) an entity established under an Act.","sortOrder":59},{"sectionNumber":"sec.28C","sectionType":"section","heading":"Notice of particular events to interstate or New Zealand licensing authorities","content":"### sec.28C Notice of particular events to interstate or New Zealand licensing authorities\n\nThis section applies if—\nthe commission is aware a licensee holds an interstate or New Zealand licence; and\nany of the following events happen for the licensee—\na licence is cancelled;\na licence is suspended;\na licence is restored;\nthe suspension of a licence ends;\na relevant event.\nThe commission may give written notice of the event to the interstate or New Zealand licensing authority that granted the interstate or New Zealand licence.\nThe commission must give a copy of the notice to the licensee.\ns 28C ins 2020 No. 24 s 109\n(sec.28C-ssec.1) This section applies if— the commission is aware a licensee holds an interstate or New Zealand licence; and any of the following events happen for the licensee— a licence is cancelled; a licence is suspended; a licence is restored; the suspension of a licence ends; a relevant event.\n(sec.28C-ssec.2) The commission may give written notice of the event to the interstate or New Zealand licensing authority that granted the interstate or New Zealand licence.\n(sec.28C-ssec.3) The commission must give a copy of the notice to the licensee.\n- (a) the commission is aware a licensee holds an interstate or New Zealand licence; and\n- (b) any of the following events happen for the licensee— (i) a licence is cancelled; (ii) a licence is suspended; (iii) a licence is restored; (iv) the suspension of a licence ends; (v) a relevant event.\n- (i) a licence is cancelled;\n- (ii) a licence is suspended;\n- (iii) a licence is restored;\n- (iv) the suspension of a licence ends;\n- (v) a relevant event.\n- (i) a licence is cancelled;\n- (ii) a licence is suspended;\n- (iii) a licence is restored;\n- (iv) the suspension of a licence ends;\n- (v) a relevant event.","sortOrder":60},{"sectionNumber":"sec.29","sectionType":"section","heading":"Commission may enter into work performance arrangements","content":"### sec.29 Commission may enter into work performance arrangements\n\nThe commission may enter into, and give effect to, a work performance arrangement with—\nthe employing office; or\nthe appropriate authority of another government entity.\nA work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\nFor example, a work performance arrangement may provide for—\nthe appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\nthe authorising of a person to exercise powers for the arrangement; and\nwhether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\nA person performing work for the commission under a work performance arrangement entered into under subsection (1) —\nis not employed by the commission; and\nremains an employee of the employing office, or an employee of the other government entity whose appropriate authority is a party to the arrangement.\nTo remove any doubt, it is declared that the commission does not have power to employ a person performing work for the commission under a work performance arrangement entered into under subsection (1) .\ns 29 prev s 29 sub 1992 No. 36 s 2 sch 1\nom 1994 No. 20 s 12\npres s 29 ins 2007 No. 20 s 53\namd 2013 No. 38 s 14 sch 1\n(sec.29-ssec.1) The commission may enter into, and give effect to, a work performance arrangement with— the employing office; or the appropriate authority of another government entity.\n(sec.29-ssec.2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\n(sec.29-ssec.3) For example, a work performance arrangement may provide for— the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and the authorising of a person to exercise powers for the arrangement; and whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n(sec.29-ssec.4) A person performing work for the commission under a work performance arrangement entered into under subsection (1) — is not employed by the commission; and remains an employee of the employing office, or an employee of the other government entity whose appropriate authority is a party to the arrangement.\n(sec.29-ssec.5) To remove any doubt, it is declared that the commission does not have power to employ a person performing work for the commission under a work performance arrangement entered into under subsection (1) .\n- (a) the employing office; or\n- (b) the appropriate authority of another government entity.\n- (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\n- (b) the authorising of a person to exercise powers for the arrangement; and\n- (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n- (a) is not employed by the commission; and\n- (b) remains an employee of the employing office, or an employee of the other government entity whose appropriate authority is a party to the arrangement.","sortOrder":61},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Queensland Building and Construction Employing Office","content":"# Queensland Building and Construction Employing Office","sortOrder":62},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Establishment and functions of employing office","content":"## Establishment and functions of employing office","sortOrder":63},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Establishment of employing office","content":"### sec.29A Establishment of employing office\n\nThe Queensland Building and Construction Employing Office is established.\nThe employing office consists of—\nthe executive officer; and\nthe employees of the employing office.\nThe employing office is a separate entity from the commission.\ns 29A ins 2007 No. 20 s 54\namd 2013 No. 38 s 14 sch 1\n(sec.29A-ssec.1) The Queensland Building and Construction Employing Office is established.\n(sec.29A-ssec.2) The employing office consists of— the executive officer; and the employees of the employing office.\n(sec.29A-ssec.3) The employing office is a separate entity from the commission.\n- (a) the executive officer; and\n- (b) the employees of the employing office.","sortOrder":64},{"sectionNumber":"sec.29B","sectionType":"section","heading":"Employing office represents the State","content":"### sec.29B Employing office represents the State\n\nThe employing office represents the State.\nWithout limiting subsection (1) , the employing office has the status, privileges and immunities of the State.\ns 29B ins 2007 No. 20 s 54\n(sec.29B-ssec.1) The employing office represents the State.\n(sec.29B-ssec.2) Without limiting subsection (1) , the employing office has the status, privileges and immunities of the State.","sortOrder":65},{"sectionNumber":"sec.29C","sectionType":"section","heading":"Functions of employing office","content":"### sec.29C Functions of employing office\n\nThe main functions of the employing office are—\nentering into, for the State, a work performance arrangement with the commission under which employees of the employing office perform work for the commission; and\nemploying, for the State, staff to perform work for the commission under the work performance arrangement; and\ndoing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .\nAlso, the employing office has any other function conferred on the employing office under this or another Act.\nThis section does not limit the employing office’s power to enter into and give effect to a work performance arrangement under section 29G with a government entity other than the commission.\ns 29C ins 2007 No. 20 s 54\namd 2013 No. 38 s 14 sch 1\n(sec.29C-ssec.1) The main functions of the employing office are— entering into, for the State, a work performance arrangement with the commission under which employees of the employing office perform work for the commission; and employing, for the State, staff to perform work for the commission under the work performance arrangement; and doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .\n(sec.29C-ssec.2) Also, the employing office has any other function conferred on the employing office under this or another Act.\n(sec.29C-ssec.3) This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement under section 29G with a government entity other than the commission.\n- (a) entering into, for the State, a work performance arrangement with the commission under which employees of the employing office perform work for the commission; and\n- (b) employing, for the State, staff to perform work for the commission under the work performance arrangement; and\n- (c) doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .","sortOrder":66},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Executive officer","content":"## Executive officer","sortOrder":67},{"sectionNumber":"sec.29D","sectionType":"section","heading":"Appointment of executive officer","content":"### sec.29D Appointment of executive officer\n\nThere is to be an executive officer of the employing office.\nThe executive officer is to be appointed by the Governor in Council.\nThe executive officer is appointed under this Act and not under the Public Sector Act 2022 .\ns 29D ins 2007 No. 20 s 54\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.29D-ssec.1) There is to be an executive officer of the employing office.\n(sec.29D-ssec.2) The executive officer is to be appointed by the Governor in Council.\n(sec.29D-ssec.3) The executive officer is appointed under this Act and not under the Public Sector Act 2022 .","sortOrder":68},{"sectionNumber":"sec.29E","sectionType":"section","heading":"Executive officer acting for employing office","content":"### sec.29E Executive officer acting for employing office\n\nThe employing office acts through the executive officer.\nAnything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.\ns 29E ins 2007 No. 20 s 54\n(sec.29E-ssec.1) The employing office acts through the executive officer.\n(sec.29E-ssec.2) Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.","sortOrder":69},{"sectionNumber":"pt.2A-div.3","sectionType":"division","heading":"Staff of employing office","content":"## Staff of employing office","sortOrder":70},{"sectionNumber":"sec.29F","sectionType":"section","heading":"Employing office may employ staff","content":"### sec.29F Employing office may employ staff\n\nThe employing office may, for the State, employ staff.\nA person employed under subsection (1) is an employee of the employing office .\nThe employing office may decide the terms of employment of the employees of the employing office.\nSubsection (3) applies subject to any relevant industrial instrument.\nEmployees of the employing office are employed under this Act and not under the Public Sector Act 2022 .\ns 29F ins 2007 No. 20 s 54\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.29F-ssec.1) The employing office may, for the State, employ staff.\n(sec.29F-ssec.2) A person employed under subsection (1) is an employee of the employing office .\n(sec.29F-ssec.3) The employing office may decide the terms of employment of the employees of the employing office.\n(sec.29F-ssec.4) Subsection (3) applies subject to any relevant industrial instrument.\n(sec.29F-ssec.5) Employees of the employing office are employed under this Act and not under the Public Sector Act 2022 .","sortOrder":71},{"sectionNumber":"sec.29G","sectionType":"section","heading":"Employing office may enter into work performance arrangements","content":"### sec.29G Employing office may enter into work performance arrangements\n\nThe employing office may, for the State, enter into and give effect to a work performance arrangement with—\nthe commission; or\nthe appropriate authority of another government entity.\nA work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\nFor example, a work performance arrangement may provide for—\nthe appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\nthe authorising of a person to exercise powers for the arrangement; and\nwhether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\nA person performing work for the commission or other government entity under a work performance arrangement entered into under subsection (1) —\nis not employed by the commission or other government entity; and\nremains an employee of the employing office.\nTo remove any doubt, it is declared that the commission or another government entity does not have power to employ a person performing work for the commission or other government entity under a work performance arrangement entered into under subsection (1) .\ns 29G ins 2007 No. 20 s 54\namd 2013 No. 38 s 14 sch 1\n(sec.29G-ssec.1) The employing office may, for the State, enter into and give effect to a work performance arrangement with— the commission; or the appropriate authority of another government entity.\n(sec.29G-ssec.2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\n(sec.29G-ssec.3) For example, a work performance arrangement may provide for— the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and the authorising of a person to exercise powers for the arrangement; and whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n(sec.29G-ssec.4) A person performing work for the commission or other government entity under a work performance arrangement entered into under subsection (1) — is not employed by the commission or other government entity; and remains an employee of the employing office.\n(sec.29G-ssec.5) To remove any doubt, it is declared that the commission or another government entity does not have power to employ a person performing work for the commission or other government entity under a work performance arrangement entered into under subsection (1) .\n- (a) the commission; or\n- (b) the appropriate authority of another government entity.\n- (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\n- (b) the authorising of a person to exercise powers for the arrangement; and\n- (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n- (a) is not employed by the commission or other government entity; and\n- (b) remains an employee of the employing office.","sortOrder":72},{"sectionNumber":"pt.2A-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":73},{"sectionNumber":"sec.29H","sectionType":"section","heading":"Employing office is statutory body","content":"### sec.29H Employing office is statutory body\n\nThe employing office is a statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\nFor applying the Financial Accountability Act 2009 to the employing office as a statutory body—\nthe executive officer is taken to be the chairperson of the employing office; and\nthe Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and\nthe Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them.\ns 29H ins 2007 No. 20 s 54\namd 2009 No. 9 s 136 sch 1\n(sec.29H-ssec.1) The employing office is a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.29H-ssec.2) For applying the Financial Accountability Act 2009 to the employing office as a statutory body— the executive officer is taken to be the chairperson of the employing office; and the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them.\n- (a) the Financial Accountability Act 2009 ; and\n- (b) the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) the executive officer is taken to be the chairperson of the employing office; and\n- (b) the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and\n- (c) the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them.","sortOrder":74},{"sectionNumber":"pt.3","sectionType":"part","heading":"Licensing","content":"# Licensing","sortOrder":75},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Classes of licences","content":"## Classes of licences","sortOrder":76},{"sectionNumber":"sec.30","sectionType":"section","heading":"Classes of contractors’ licences","content":"### sec.30 Classes of contractors’ licences\n\nA licence (a contractor’s licence ) may be issued authorising the licensee—\nto carry out all classes of building work; or\nto carry out building work of 1 or more classes specified in the licence.\nContractors’ licences are to be divided into classes by regulation—\naccording to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and\nif the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.\nA contractor’s licence may be issued for any class of licence.\ns 30 amd 2003 No. 1 s 9 ; 2007 No. 47 s 5 ; 2020 No. 24 s 110\n(sec.30-ssec.1) A licence (a contractor’s licence ) may be issued authorising the licensee— to carry out all classes of building work; or to carry out building work of 1 or more classes specified in the licence.\n(sec.30-ssec.2) Contractors’ licences are to be divided into classes by regulation— according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.\n(sec.30-ssec.3) A contractor’s licence may be issued for any class of licence.\n- (a) to carry out all classes of building work; or\n- (b) to carry out building work of 1 or more classes specified in the licence.\n- (a) according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and\n- (b) if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.","sortOrder":77},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Nominee supervisor’s licence","content":"### sec.30A Nominee supervisor’s licence\n\nA licence (a nominee supervisor’s licence ) may be issued authorising an individual—\nif the individual is the nominee for a licensed contractor that is a company, to—\nprovide supervisory services for building work carried out under the company’s licence; and\nperform the functions required of a nominee under this Act; or\nif the individual is an officer or employee of a company, other than the company’s nominee—to personally supervise building work carried out under the company’s licence.\nAn individual who holds a nominee supervisor’s licence and who is the employee of a licensed contractor that is an individual may personally supervise building work carried out under the contractor’s licence.\nNominee supervisors’ licences are to be divided into classes by regulation—\naccording to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and\nif the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.\nA nominee supervisor’s licence may be issued for any class of licence.\ns 30A ins 2007 No. 47 s 6\n(sec.30A-ssec.1) A licence (a nominee supervisor’s licence ) may be issued authorising an individual— if the individual is the nominee for a licensed contractor that is a company, to— provide supervisory services for building work carried out under the company’s licence; and perform the functions required of a nominee under this Act; or if the individual is an officer or employee of a company, other than the company’s nominee—to personally supervise building work carried out under the company’s licence.\n(sec.30A-ssec.2) An individual who holds a nominee supervisor’s licence and who is the employee of a licensed contractor that is an individual may personally supervise building work carried out under the contractor’s licence.\n(sec.30A-ssec.3) Nominee supervisors’ licences are to be divided into classes by regulation— according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.\n(sec.30A-ssec.4) A nominee supervisor’s licence may be issued for any class of licence.\n- (a) if the individual is the nominee for a licensed contractor that is a company, to— (i) provide supervisory services for building work carried out under the company’s licence; and (ii) perform the functions required of a nominee under this Act; or\n- (i) provide supervisory services for building work carried out under the company’s licence; and\n- (ii) perform the functions required of a nominee under this Act; or\n- (b) if the individual is an officer or employee of a company, other than the company’s nominee—to personally supervise building work carried out under the company’s licence.\n- (i) provide supervisory services for building work carried out under the company’s licence; and\n- (ii) perform the functions required of a nominee under this Act; or\n- (a) according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and\n- (b) if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.","sortOrder":78},{"sectionNumber":"sec.30B","sectionType":"section","heading":"Site supervisor’s licence","content":"### sec.30B Site supervisor’s licence\n\nA licence (a site supervisor’s licence ) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally supervise building work carried out under the company’s licence.\nA licence (also a site supervisor’s licence ) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally supervise building work carried out under the contractor’s licence.\nSite supervisors’ licences are to be divided into classes by regulation—\naccording to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and\nif the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.\nA site supervisor’s licence may be issued for any class of licence.\ns 30B ins 2007 No. 47 s 6\n(sec.30B-ssec.1) A licence (a site supervisor’s licence ) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally supervise building work carried out under the company’s licence.\n(sec.30B-ssec.2) A licence (also a site supervisor’s licence ) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally supervise building work carried out under the contractor’s licence.\n(sec.30B-ssec.3) Site supervisors’ licences are to be divided into classes by regulation— according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.\n(sec.30B-ssec.4) A site supervisor’s licence may be issued for any class of licence.\n- (a) according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and\n- (b) if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates.","sortOrder":79},{"sectionNumber":"sec.30C","sectionType":"section","heading":"Fire protection occupational licence","content":"### sec.30C Fire protection occupational licence\n\nA licence (a fire protection occupational licence ) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally carry out and personally supervise fire protection work carried out under the company’s licence.\nA licence (also a fire protection occupational licence ) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally carry out and personally supervise fire protection work carried out under the contractor’s licence.\nFire protection occupational licences are to be divided into classes by regulation—\naccording to whether the licence relates to all classes of fire protection work or is limited to a specified class or specified classes of fire protection work; and\nif the licence is limited to a specified class, or specified classes, of fire protection work—according to the class or classes of fire protection work to which it relates.\nA fire protection occupational licence may be issued for any class of licence.\ns 30C ins 2007 No. 47 s 6\n(sec.30C-ssec.1) A licence (a fire protection occupational licence ) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally carry out and personally supervise fire protection work carried out under the company’s licence.\n(sec.30C-ssec.2) A licence (also a fire protection occupational licence ) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally carry out and personally supervise fire protection work carried out under the contractor’s licence.\n(sec.30C-ssec.3) Fire protection occupational licences are to be divided into classes by regulation— according to whether the licence relates to all classes of fire protection work or is limited to a specified class or specified classes of fire protection work; and if the licence is limited to a specified class, or specified classes, of fire protection work—according to the class or classes of fire protection work to which it relates.\n(sec.30C-ssec.4) A fire protection occupational licence may be issued for any class of licence.\n- (a) according to whether the licence relates to all classes of fire protection work or is limited to a specified class or specified classes of fire protection work; and\n- (b) if the licence is limited to a specified class, or specified classes, of fire protection work—according to the class or classes of fire protection work to which it relates.","sortOrder":80},{"sectionNumber":"sec.30CA","sectionType":"section","heading":"Meaning of fire protection work","content":"### sec.30CA Meaning of fire protection work\n\nWork is fire protection work if it is any of the following work for a building or part of a building—\nthe installation, restoration, repair or maintenance of fire protection equipment;\nthe preparation of a certificate, statement or record relating to the installation, restoration, repair or maintenance of fire protection equipment;\nthe preparation of a certificate, statement or record stating whether fire protection equipment meets a standard, requirement or specification;\nthe design of fire protection equipment;\nthe inspection or investigation of, and the provision of advice or a report about, compliance with the Building Act 1975 or the Building Code of Australia relating to fire safety.\nHowever, the following work is not fire protection work —\nthe installation, repair or maintenance of a battery-operated smoke alarm in a building that is a class 1a or 2 building under the Building Code of Australia;\nwork of a type prescribed by regulation not to be fire protection work.\nA regulation under subsection (2) (b) may prescribe work that is the installation, restoration, repair, maintenance, certification or inspection, including testing, of fire protection equipment mentioned in schedule 2 , definition fire protection equipment , paragraph (b) , (c) , (d) or (e) only if the work is any of the following—\nwork of a value of no more than $1,100 performed personally by the owner of the land on which the work is performed;\nwork on a class 1a building of a value of no more than $11,000 performed personally by the owner of the land on which the work is performed, if the work is authorised under a fire protection occupational licence held by the owner;\ncertification work performed by a building certifier under the Building Act 1975 in the certifier’s professional practice;\nwork performed by a registered professional engineer under the Professional Engineers Act 2002 in performing a professional engineering service under that Act;\nelectrical work under the Electrical Safety Act 2002 relating to a fire or smoke detection system, heat or smoke alarm or another alarm system or emergency warning and communication system;\nwork performed by a local government or the State.\ns 30CA ins 2020 No. 24 s 110A (amd 2020 No. 35 s 1B )\n(sec.30CA-ssec.1) Work is fire protection work if it is any of the following work for a building or part of a building— the installation, restoration, repair or maintenance of fire protection equipment; the preparation of a certificate, statement or record relating to the installation, restoration, repair or maintenance of fire protection equipment; the preparation of a certificate, statement or record stating whether fire protection equipment meets a standard, requirement or specification; the design of fire protection equipment; the inspection or investigation of, and the provision of advice or a report about, compliance with the Building Act 1975 or the Building Code of Australia relating to fire safety.\n(sec.30CA-ssec.2) However, the following work is not fire protection work — the installation, repair or maintenance of a battery-operated smoke alarm in a building that is a class 1a or 2 building under the Building Code of Australia; work of a type prescribed by regulation not to be fire protection work.\n(sec.30CA-ssec.3) A regulation under subsection (2) (b) may prescribe work that is the installation, restoration, repair, maintenance, certification or inspection, including testing, of fire protection equipment mentioned in schedule 2 , definition fire protection equipment , paragraph (b) , (c) , (d) or (e) only if the work is any of the following— work of a value of no more than $1,100 performed personally by the owner of the land on which the work is performed; work on a class 1a building of a value of no more than $11,000 performed personally by the owner of the land on which the work is performed, if the work is authorised under a fire protection occupational licence held by the owner; certification work performed by a building certifier under the Building Act 1975 in the certifier’s professional practice; work performed by a registered professional engineer under the Professional Engineers Act 2002 in performing a professional engineering service under that Act; electrical work under the Electrical Safety Act 2002 relating to a fire or smoke detection system, heat or smoke alarm or another alarm system or emergency warning and communication system; work performed by a local government or the State.\n- (a) the installation, restoration, repair or maintenance of fire protection equipment;\n- (b) the preparation of a certificate, statement or record relating to the installation, restoration, repair or maintenance of fire protection equipment;\n- (c) the preparation of a certificate, statement or record stating whether fire protection equipment meets a standard, requirement or specification;\n- (d) the design of fire protection equipment;\n- (e) the inspection or investigation of, and the provision of advice or a report about, compliance with the Building Act 1975 or the Building Code of Australia relating to fire safety.\n- (a) the installation, repair or maintenance of a battery-operated smoke alarm in a building that is a class 1a or 2 building under the Building Code of Australia;\n- (b) work of a type prescribed by regulation not to be fire protection work.\n- (a) work of a value of no more than $1,100 performed personally by the owner of the land on which the work is performed;\n- (b) work on a class 1a building of a value of no more than $11,000 performed personally by the owner of the land on which the work is performed, if the work is authorised under a fire protection occupational licence held by the owner;\n- (c) certification work performed by a building certifier under the Building Act 1975 in the certifier’s professional practice;\n- (d) work performed by a registered professional engineer under the Professional Engineers Act 2002 in performing a professional engineering service under that Act;\n- (e) electrical work under the Electrical Safety Act 2002 relating to a fire or smoke detection system, heat or smoke alarm or another alarm system or emergency warning and communication system;\n- (f) work performed by a local government or the State.","sortOrder":81},{"sectionNumber":"sec.30D","sectionType":"section","heading":"Mechanical services occupational licence","content":"### sec.30D Mechanical services occupational licence\n\nA licence (a mechanical services occupational licence ) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally carry out and personally supervise mechanical services work carried out under the company’s licence.\nA licence (also a mechanical services occupational licence ) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally carry out and personally supervise mechanical services work carried out under the contractor’s licence.\nMechanical services occupational licences are to be divided into classes by regulation—\naccording to whether the licence relates to all classes of mechanical services work or is limited to a specified class or specified classes of mechanical services work; and\nif the licence is limited to a specified class, or specified classes, of mechanical services work—according to the class or classes of mechanical services work to which it relates.\nA mechanical services occupational licence may be issued for any class of licence.\ns 30D ins 2018 No. 17 s 183\n(sec.30D-ssec.1) A licence (a mechanical services occupational licence ) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally carry out and personally supervise mechanical services work carried out under the company’s licence.\n(sec.30D-ssec.2) A licence (also a mechanical services occupational licence ) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally carry out and personally supervise mechanical services work carried out under the contractor’s licence.\n(sec.30D-ssec.3) Mechanical services occupational licences are to be divided into classes by regulation— according to whether the licence relates to all classes of mechanical services work or is limited to a specified class or specified classes of mechanical services work; and if the licence is limited to a specified class, or specified classes, of mechanical services work—according to the class or classes of mechanical services work to which it relates.\n(sec.30D-ssec.4) A mechanical services occupational licence may be issued for any class of licence.\n- (a) according to whether the licence relates to all classes of mechanical services work or is limited to a specified class or specified classes of mechanical services work; and\n- (b) if the licence is limited to a specified class, or specified classes, of mechanical services work—according to the class or classes of mechanical services work to which it relates.","sortOrder":82},{"sectionNumber":"sec.30E","sectionType":"section","heading":"Regulation may prescribe continuation and renewal of particular class of licence","content":"### sec.30E Regulation may prescribe continuation and renewal of particular class of licence\n\nA regulation may provide that a licence of a particular class may continue to be held and renewed by a person who held the licence immediately before the regulation was made or amended, even though the class of licence is no longer prescribed under this division.\ns 30E ins 2020 No. 24 s 111","sortOrder":83},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Entitlement to licence","content":"## Entitlement to licence","sortOrder":84},{"sectionNumber":"sec.31","sectionType":"section","heading":"Entitlement to contractor’s licence","content":"### sec.31 Entitlement to contractor’s licence\n\nA person (not being a company) is entitled to a contractor’s licence if the commission is, on application by that person, satisfied that—\nthe applicant is a fit and proper person to hold the licence; and\nthe applicant has the qualifications and experience required by regulation in relation to a licence of the relevant class; and\nthe applicant satisfies the minimum financial requirements for the licence; and\nthe applicant can lawfully work in Queensland; and\nthe applicant is not an excluded individual for a relevant event or a permanently excluded individual; and\nthe applicant is not a disqualified individual; and\nthe applicant is not a banned individual; and\nthe applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 .\nA company is entitled to a contractor’s licence if the commission is satisfied, on application by that company for a licence, that—\nthe directors, secretary and influential persons for the company are fit and proper persons to exercise control or influence over a company that holds a contractor’s licence; and\nthe company’s nominee holds a licence specifically identifying, as a class of building work that the nominee may supervise, the same class of building work for which the licence is sought by the company; and\nthe applicant satisfies the minimum financial requirements for the licence; and\nthe company is not an excluded company; and\nthe company is not a company for which a banned or disqualified individual is a director, secretary, influential person or nominee; and\nneither the company, nor a director, secretary, influential person or nominee of the company has an unpaid judgment debt for an amount the commission may recover under section 71 .\nIn deciding whether a particular person is a fit and proper person to hold a contractor’s licence or to exercise control or influence over a company that holds a contractor’s licence, the commission may have regard to—\ncommercial and other dealings in which that person has been involved and the standard of honesty and integrity demonstrated in those dealings; and\nany failure by that person to carry out commercial or statutory obligations and the reasons for the failure; and\ntier 1 defective work carried out by the person, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and\nif the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and\nif the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and\nany other relevant factor.\nHowever, the commission may not have regard to the matter mentioned in subsection (3) (d) if—\nthe person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n28 days have not elapsed since the date of the enforcement order.\ns 31 amd 1999 No. 43 s 14 ; 2003 No. 1 s 10 ; 2007 No. 47 s 7 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2017 No. 43 s 257 ; 2020 No. 24 s 112\n(sec.31-ssec.1) A person (not being a company) is entitled to a contractor’s licence if the commission is, on application by that person, satisfied that— the applicant is a fit and proper person to hold the licence; and the applicant has the qualifications and experience required by regulation in relation to a licence of the relevant class; and the applicant satisfies the minimum financial requirements for the licence; and the applicant can lawfully work in Queensland; and the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and the applicant is not a disqualified individual; and the applicant is not a banned individual; and the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 .\n(sec.31-ssec.2) A company is entitled to a contractor’s licence if the commission is satisfied, on application by that company for a licence, that— the directors, secretary and influential persons for the company are fit and proper persons to exercise control or influence over a company that holds a contractor’s licence; and the company’s nominee holds a licence specifically identifying, as a class of building work that the nominee may supervise, the same class of building work for which the licence is sought by the company; and the applicant satisfies the minimum financial requirements for the licence; and the company is not an excluded company; and the company is not a company for which a banned or disqualified individual is a director, secretary, influential person or nominee; and neither the company, nor a director, secretary, influential person or nominee of the company has an unpaid judgment debt for an amount the commission may recover under section 71 .\n(sec.31-ssec.3) In deciding whether a particular person is a fit and proper person to hold a contractor’s licence or to exercise control or influence over a company that holds a contractor’s licence, the commission may have regard to— commercial and other dealings in which that person has been involved and the standard of honesty and integrity demonstrated in those dealings; and any failure by that person to carry out commercial or statutory obligations and the reasons for the failure; and tier 1 defective work carried out by the person, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and any other relevant factor.\n(sec.31-ssec.4) However, the commission may not have regard to the matter mentioned in subsection (3) (d) if— the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or 28 days have not elapsed since the date of the enforcement order.\n- (a) the applicant is a fit and proper person to hold the licence; and\n- (b) the applicant has the qualifications and experience required by regulation in relation to a licence of the relevant class; and\n- (c) the applicant satisfies the minimum financial requirements for the licence; and\n- (d) the applicant can lawfully work in Queensland; and\n- (e) the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and\n- (f) the applicant is not a disqualified individual; and\n- (g) the applicant is not a banned individual; and\n- (h) the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 .\n- (a) the directors, secretary and influential persons for the company are fit and proper persons to exercise control or influence over a company that holds a contractor’s licence; and\n- (b) the company’s nominee holds a licence specifically identifying, as a class of building work that the nominee may supervise, the same class of building work for which the licence is sought by the company; and\n- (c) the applicant satisfies the minimum financial requirements for the licence; and\n- (d) the company is not an excluded company; and\n- (e) the company is not a company for which a banned or disqualified individual is a director, secretary, influential person or nominee; and\n- (f) neither the company, nor a director, secretary, influential person or nominee of the company has an unpaid judgment debt for an amount the commission may recover under section 71 .\n- (a) commercial and other dealings in which that person has been involved and the standard of honesty and integrity demonstrated in those dealings; and\n- (b) any failure by that person to carry out commercial or statutory obligations and the reasons for the failure; and\n- (c) tier 1 defective work carried out by the person, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and\n- (d) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and\n- (e) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and\n- (f) any other relevant factor.\n- (a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n- (b) 28 days have not elapsed since the date of the enforcement order.","sortOrder":85},{"sectionNumber":"sec.31A","sectionType":"section","heading":"No entitlement to contractor’s licence if particular partners","content":"### sec.31A No entitlement to contractor’s licence if particular partners\n\nA person (whether an individual or a company) is not entitled to a contractor’s licence if the person carries on, or intends to carry on, business under the licence in partnership with another person who is—\nan excluded individual; or\na permanently excluded individual; or\na convicted company officer; or\na banned individual; or\na disqualified individual; or\nan excluded company; or\na company for which a permanently excluded individual is a director, secretary, influential person or nominee; or\na company for which a convicted company officer is a director, secretary, influential person or nominee; or\na company for which a banned individual is a director, secretary, influential person or nominee; or\na company for which a disqualified individual is a director, secretary, influential person or nominee.\ns 31A ins 2003 No. 1 s 11\n- (a) an excluded individual; or\n- (b) a permanently excluded individual; or\n- (c) a convicted company officer; or\n- (d) a banned individual; or\n- (e) a disqualified individual; or\n- (f) an excluded company; or\n- (g) a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or\n- (h) a company for which a convicted company officer is a director, secretary, influential person or nominee; or\n- (i) a company for which a banned individual is a director, secretary, influential person or nominee; or\n- (j) a company for which a disqualified individual is a director, secretary, influential person or nominee.","sortOrder":86},{"sectionNumber":"sec.32","sectionType":"section","heading":"Entitlement to a nominee supervisor’s licence","content":"### sec.32 Entitlement to a nominee supervisor’s licence\n\nAn individual is entitled to a nominee supervisor’s licence if the commission is, on application by the individual, satisfied that—\nthe applicant has the qualifications and experience required by regulation for a licence of the relevant class; and\nthe applicant can lawfully work in Queensland; and\nthe applicant is not an excluded individual for a relevant event or a permanently excluded individual; and\nthe applicant is not a banned individual; and\nthe applicant is not a disqualified individual; and\nthe applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 ; and\nthe applicant is a fit and proper person to hold the licence.\nIn deciding whether an applicant is a fit and proper person to hold the licence, the commission may have regard to—\ncommercial and other dealings in which the applicant has been involved and the standard of honesty and integrity demonstrated in those dealings; and\nany failure by the applicant to carry out commercial or statutory obligations and the reasons for the failure; and\ntier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and\nif the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and\nif the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and\nany other relevant factor.\nHowever, the commission may not have regard to the matter mentioned in subsection (2) (d) if—\nthe person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n28 days have not elapsed since the date of the enforcement order.\ns 32 sub 2007 No. 47 s 8\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2020 No. 24 s 113\n(sec.32-ssec.1) An individual is entitled to a nominee supervisor’s licence if the commission is, on application by the individual, satisfied that— the applicant has the qualifications and experience required by regulation for a licence of the relevant class; and the applicant can lawfully work in Queensland; and the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and the applicant is not a banned individual; and the applicant is not a disqualified individual; and the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 ; and the applicant is a fit and proper person to hold the licence.\n(sec.32-ssec.2) In deciding whether an applicant is a fit and proper person to hold the licence, the commission may have regard to— commercial and other dealings in which the applicant has been involved and the standard of honesty and integrity demonstrated in those dealings; and any failure by the applicant to carry out commercial or statutory obligations and the reasons for the failure; and tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and any other relevant factor.\n(sec.32-ssec.3) However, the commission may not have regard to the matter mentioned in subsection (2) (d) if— the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or 28 days have not elapsed since the date of the enforcement order.\n- (a) the applicant has the qualifications and experience required by regulation for a licence of the relevant class; and\n- (b) the applicant can lawfully work in Queensland; and\n- (c) the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and\n- (d) the applicant is not a banned individual; and\n- (e) the applicant is not a disqualified individual; and\n- (f) the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 ; and\n- (g) the applicant is a fit and proper person to hold the licence.\n- (a) commercial and other dealings in which the applicant has been involved and the standard of honesty and integrity demonstrated in those dealings; and\n- (b) any failure by the applicant to carry out commercial or statutory obligations and the reasons for the failure; and\n- (c) tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and\n- (d) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and\n- (e) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and\n- (f) any other relevant factor.\n- (a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n- (b) 28 days have not elapsed since the date of the enforcement order.","sortOrder":87},{"sectionNumber":"sec.32AA","sectionType":"section","heading":"Entitlement to a site supervisor’s licence","content":"### sec.32AA Entitlement to a site supervisor’s licence\n\nAn individual is entitled to a site supervisor’s licence if the commission is, on application by the individual, satisfied that—\nthe applicant has the qualifications required by regulation for a licence of the relevant class; and\nthe applicant can lawfully work in Queensland; and\nthe applicant is not a banned individual; and\nthe applicant is not an excluded individual or permanently excluded individual; and\nthe applicant is a fit and proper person to hold the licence.\nIn deciding whether an applicant is a fit and proper person to hold the licence, the commission may have regard only to—\ntier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and\nif the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and\nif the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled.\nHowever, the commission may not have regard to the matter mentioned in subsection (2) (b) if—\nthe person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n28 days have not elapsed since the date of the enforcement order.\ns 32AA ins 2007 No. 47 s 8\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2020 No. 24 ss 114 , 134\n(sec.32AA-ssec.1) An individual is entitled to a site supervisor’s licence if the commission is, on application by the individual, satisfied that— the applicant has the qualifications required by regulation for a licence of the relevant class; and the applicant can lawfully work in Queensland; and the applicant is not a banned individual; and the applicant is not an excluded individual or permanently excluded individual; and the applicant is a fit and proper person to hold the licence.\n(sec.32AA-ssec.2) In deciding whether an applicant is a fit and proper person to hold the licence, the commission may have regard only to— tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled.\n(sec.32AA-ssec.3) However, the commission may not have regard to the matter mentioned in subsection (2) (b) if— the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or 28 days have not elapsed since the date of the enforcement order.\n- (a) the applicant has the qualifications required by regulation for a licence of the relevant class; and\n- (b) the applicant can lawfully work in Queensland; and\n- (c) the applicant is not a banned individual; and\n- (d) the applicant is not an excluded individual or permanently excluded individual; and\n- (e) the applicant is a fit and proper person to hold the licence.\n- (a) tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and\n- (b) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and\n- (c) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled.\n- (a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n- (b) 28 days have not elapsed since the date of the enforcement order.","sortOrder":88},{"sectionNumber":"sec.32AB","sectionType":"section","heading":"Entitlement to a fire protection occupational licence or a mechanical services occupational licence","content":"### sec.32AB Entitlement to a fire protection occupational licence or a mechanical services occupational licence\n\nAn individual is entitled to a fire protection occupational licence or a mechanical services occupational licence if the commission is, on application by the individual, satisfied that—\nthe applicant has the qualifications required by regulation for a licence of the relevant class; and\nthe applicant can lawfully work in Queensland; and\nthe applicant is not a banned individual; and\nthe applicant is a fit and proper person to hold a licence.\nIn deciding whether an applicant is a fit and proper person, the commission may have regard only to—\ntier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and\nif the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order.\nHowever, the commission may not have regard to the matter mentioned in subsection (2) (b) if—\nthe person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n28 days have not elapsed since the date of the enforcement order.\ns 32AB ins 2007 No. 47 s 8\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2018 No. 17 s 184\n(sec.32AB-ssec.1) An individual is entitled to a fire protection occupational licence or a mechanical services occupational licence if the commission is, on application by the individual, satisfied that— the applicant has the qualifications required by regulation for a licence of the relevant class; and the applicant can lawfully work in Queensland; and the applicant is not a banned individual; and the applicant is a fit and proper person to hold a licence.\n(sec.32AB-ssec.2) In deciding whether an applicant is a fit and proper person, the commission may have regard only to— tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order.\n(sec.32AB-ssec.3) However, the commission may not have regard to the matter mentioned in subsection (2) (b) if— the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or 28 days have not elapsed since the date of the enforcement order.\n- (a) the applicant has the qualifications required by regulation for a licence of the relevant class; and\n- (b) the applicant can lawfully work in Queensland; and\n- (c) the applicant is not a banned individual; and\n- (d) the applicant is a fit and proper person to hold a licence.\n- (a) tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work; and\n- (b) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order.\n- (a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n- (b) 28 days have not elapsed since the date of the enforcement order.","sortOrder":89},{"sectionNumber":"sec.32A","sectionType":"section","heading":null,"content":"### Section sec.32A\n\ns 32A ins 2003 No. 1 s 12\nom 2020 No. 24 s 115","sortOrder":90},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Application for, and grant of, licence","content":"## Application for, and grant of, licence","sortOrder":91},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application for licence","content":"### sec.33 Application for licence\n\nAn application for a licence must—\nbe in the approved form; and\ncomply with the requirements prescribed by regulation; and\nbe accompanied by—\na photograph of the applicant in the form required by the commission; and\nthe fee prescribed by regulation.\nAn applicant for a licence must at the request of the commission provide any further information or evidence that the commission may require to decide the application.\nIn deciding whether to give a licence, the commission may make inquiries and investigations that are reasonable and appropriate in the circumstances, including for example by—\nseeking confirmation about the experience of applicants through site inspections and referee checks; and\ncarrying out checks with the Australian Securities and Investment Commission, bankruptcy registers and credit bureaus.\ns 33 amd 1999 No. 43 s 15 ; 2007 No. 47 s 9 ; 2013 No. 38 s 14 sch 1 ; 2025 No. 28 s 18\n(sec.33-ssec.1) An application for a licence must— be in the approved form; and comply with the requirements prescribed by regulation; and be accompanied by— a photograph of the applicant in the form required by the commission; and the fee prescribed by regulation.\n(sec.33-ssec.2) An applicant for a licence must at the request of the commission provide any further information or evidence that the commission may require to decide the application.\n(sec.33-ssec.3) In deciding whether to give a licence, the commission may make inquiries and investigations that are reasonable and appropriate in the circumstances, including for example by— seeking confirmation about the experience of applicants through site inspections and referee checks; and carrying out checks with the Australian Securities and Investment Commission, bankruptcy registers and credit bureaus.\n- (a) be in the approved form; and\n- (b) comply with the requirements prescribed by regulation; and\n- (c) be accompanied by— (i) a photograph of the applicant in the form required by the commission; and (ii) the fee prescribed by regulation.\n- (i) a photograph of the applicant in the form required by the commission; and\n- (ii) the fee prescribed by regulation.\n- (i) a photograph of the applicant in the form required by the commission; and\n- (ii) the fee prescribed by regulation.\n- (a) seeking confirmation about the experience of applicants through site inspections and referee checks; and\n- (b) carrying out checks with the Australian Securities and Investment Commission, bankruptcy registers and credit bureaus.","sortOrder":92},{"sectionNumber":"sec.34","sectionType":"section","heading":"Grant of licence","content":"### sec.34 Grant of licence\n\nIf the commission is satisfied, on an application under this division, that the applicant is entitled to a licence, the commission must issue a licence of the appropriate class.\nA licence must—\nstate the licensee’s name and licence number; and\nstate the type of licence; and\nstate the class of building work the licensee is licensed to carry out; and\nif the licensee is an individual, contain a recent photograph of the licensee; and\nstate when the licence is due for renewal.\nThe commission may also issue a licence certificate in a form determined by the commission.\nIf, on application by a licensee and payment of the fee required by regulation, the commission is satisfied that a licence card or a licence certificate has been lost, damaged or destroyed, the commission may issue a new licence card or licence certificate.\ns 34 amd 1992 No. 36 s 2 sch 1 ; 1994 No. 20 s 13 ; 1999 No. 43 s 16 ; 2000 No. 20 s 29 sch 3 ; 2007 No. 47 s 10 ; 2013 No. 38 s 14 sch 1 ; 2025 No. 28 s 19\n(sec.34-ssec.1) If the commission is satisfied, on an application under this division, that the applicant is entitled to a licence, the commission must issue a licence of the appropriate class.\n(sec.34-ssec.2) A licence must— state the licensee’s name and licence number; and state the type of licence; and state the class of building work the licensee is licensed to carry out; and if the licensee is an individual, contain a recent photograph of the licensee; and state when the licence is due for renewal.\n(sec.34-ssec.3) The commission may also issue a licence certificate in a form determined by the commission.\n(sec.34-ssec.4) If, on application by a licensee and payment of the fee required by regulation, the commission is satisfied that a licence card or a licence certificate has been lost, damaged or destroyed, the commission may issue a new licence card or licence certificate.\n- (a) state the licensee’s name and licence number; and\n- (b) state the type of licence; and\n- (c) state the class of building work the licensee is licensed to carry out; and\n- (d) if the licensee is an individual, contain a recent photograph of the licensee; and\n- (e) state when the licence is due for renewal.","sortOrder":93},{"sectionNumber":"pt.3-div.3A","sectionType":"division","heading":null,"content":"","sortOrder":94},{"sectionNumber":"sec.34A","sectionType":"section","heading":null,"content":"### Section sec.34A\n\ns 34A ins 2000 No. 20 s 29 sch 3\namd 2013 No. 38 s 14 sch 1\nom 2025 No. 28 s 20","sortOrder":95},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Conditions of licence","content":"## Conditions of licence","sortOrder":96},{"sectionNumber":"sec.35","sectionType":"section","heading":"Imposition of conditions etc. on grant of licence","content":"### sec.35 Imposition of conditions etc. on grant of licence\n\nA licence may be granted subject to such conditions as the commission considers appropriate.\nHowever, the commission may grant a licence subject to a condition that restricts the scope of work for the licence (a restrictive condition ) only if—\nthe licence is a new class of licence under section 42A (1) (a) ; and\nthe commission is satisfied the applicant for the licence does not have adequate experience in all of the scope of work for the licence.\nThe restrictive condition must not restrict the scope of work for the licence to the extent the applicant for the licence has demonstrated experience in the scope of work to the satisfaction of the commission.\nWithout limiting subsection (1) , a licence for which an occupational licence is required is taken to be subject to the condition that the licensee hold, and continue to hold, for the term of the licence, the occupational licence.\nWithout limiting subsection (1) , a contractor’s licence is subject to the condition that—\nthe licensee’s financial circumstances must at all times satisfy the minimum financial requirements for the licence; and\nvariations of the contractor’s turnover and assets must be notified, or notified and approved, in accordance with the minimum financial requirements for the licence.\ns 35 amd 1999 No. 43 s 17 ; 2003 No. 1 s 13 ; 2013 No. 38 s 14 sch 1 ; 2017 No. 43 s 258 ; 2020 No. 24 s 115A\n(sec.35-ssec.1) A licence may be granted subject to such conditions as the commission considers appropriate.\n(sec.35-ssec.2) However, the commission may grant a licence subject to a condition that restricts the scope of work for the licence (a restrictive condition ) only if— the licence is a new class of licence under section 42A (1) (a) ; and the commission is satisfied the applicant for the licence does not have adequate experience in all of the scope of work for the licence.\n(sec.35-ssec.3) The restrictive condition must not restrict the scope of work for the licence to the extent the applicant for the licence has demonstrated experience in the scope of work to the satisfaction of the commission.\n(sec.35-ssec.4) Without limiting subsection (1) , a licence for which an occupational licence is required is taken to be subject to the condition that the licensee hold, and continue to hold, for the term of the licence, the occupational licence.\n(sec.35-ssec.5) Without limiting subsection (1) , a contractor’s licence is subject to the condition that— the licensee’s financial circumstances must at all times satisfy the minimum financial requirements for the licence; and variations of the contractor’s turnover and assets must be notified, or notified and approved, in accordance with the minimum financial requirements for the licence.\n- (a) the licence is a new class of licence under section 42A (1) (a) ; and\n- (b) the commission is satisfied the applicant for the licence does not have adequate experience in all of the scope of work for the licence.\n- (a) the licensee’s financial circumstances must at all times satisfy the minimum financial requirements for the licence; and\n- (b) variations of the contractor’s turnover and assets must be notified, or notified and approved, in accordance with the minimum financial requirements for the licence.","sortOrder":97},{"sectionNumber":"sec.36","sectionType":"section","heading":"Subsequent imposition of conditions etc.","content":"### sec.36 Subsequent imposition of conditions etc.\n\nIf the commission has reason to believe—\nthat a licensee may have insufficient financial resources to meet possible liabilities in relation to building work; or\nthat there is some other proper ground for imposing a condition on the licence;\nthe commission may notify the licensee of the proposed condition and invite the licensee, within a period specified in the notice, to make written representations on the proposal.\nAfter considering the written representations (if any) made by the licensee, the commission, if satisfied that the condition is appropriate, may, by notice to the licensee, impose the condition.\nA condition may be imposed preventing the licensee from continuing to carry on business until the licensee has lodged with the commission appropriate security against possible liabilities in relation to building work.\nA condition may be imposed requiring the licensee to complete a course module included in technical or managerial national competency standards relevant to the building industry.\nA condition may be imposed requiring the licensee to give to the commission specified documents that relate to the licensee’s obligations under part 4 or schedule 1B .\nSubsections (3) , (3A) and (3B) do not limit the power to impose conditions under subsection (2) .\nA notice imposing a condition must inform the licensee of the licensee’s right to apply for a review of the commission’s decision to impose the condition.\ns 36 amd 1999 No. 43 s 18 ; 2003 No. 1 s 14 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2020 No. 24 s 115B\n(sec.36-ssec.1) If the commission has reason to believe— that a licensee may have insufficient financial resources to meet possible liabilities in relation to building work; or that there is some other proper ground for imposing a condition on the licence; the commission may notify the licensee of the proposed condition and invite the licensee, within a period specified in the notice, to make written representations on the proposal.\n(sec.36-ssec.2) After considering the written representations (if any) made by the licensee, the commission, if satisfied that the condition is appropriate, may, by notice to the licensee, impose the condition.\n(sec.36-ssec.3) A condition may be imposed preventing the licensee from continuing to carry on business until the licensee has lodged with the commission appropriate security against possible liabilities in relation to building work.\n(sec.36-ssec.3A) A condition may be imposed requiring the licensee to complete a course module included in technical or managerial national competency standards relevant to the building industry.\n(sec.36-ssec.3B) A condition may be imposed requiring the licensee to give to the commission specified documents that relate to the licensee’s obligations under part 4 or schedule 1B .\n(sec.36-ssec.3C) Subsections (3) , (3A) and (3B) do not limit the power to impose conditions under subsection (2) .\n(sec.36-ssec.5) A notice imposing a condition must inform the licensee of the licensee’s right to apply for a review of the commission’s decision to impose the condition.\n- (a) that a licensee may have insufficient financial resources to meet possible liabilities in relation to building work; or\n- (b) that there is some other proper ground for imposing a condition on the licence;","sortOrder":98},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Vary or revoke conditions","content":"### sec.36A Vary or revoke conditions\n\nThe commission may, by notice given to a licensee, vary or revoke a condition imposed on the licensee’s licence under section 35 (1) or 36 .\nA notice varying a condition of a licence must inform the licensee of the licensee’s right to apply for a review of the commission’s decision to vary the condition.\ns 36A ins 2020 No. 24 s 115C\n(sec.36A-ssec.1) The commission may, by notice given to a licensee, vary or revoke a condition imposed on the licensee’s licence under section 35 (1) or 36 .\n(sec.36A-ssec.2) A notice varying a condition of a licence must inform the licensee of the licensee’s right to apply for a review of the commission’s decision to vary the condition.","sortOrder":99},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Renewal of licences","content":"## Renewal of licences","sortOrder":100},{"sectionNumber":"sec.37","sectionType":"section","heading":"Period of renewal","content":"### sec.37 Period of renewal\n\nA licensee for any of the following licences may choose to renew the licence for a period of either 1 year or 3 years—\na contractor’s licence;\na nominee supervisor’s licence;\na site supervisor’s licence;\na fire protection occupational licence;\na mechanical services occupational licence.\ns 37 amd 1992 No. 36 s 2 sch 1\nsub 2007 No. 47 s 11 ; 2014 No. 57 s 6\namd 2018 No. 17 s 185\n- (a) a contractor’s licence;\n- (b) a nominee supervisor’s licence;\n- (c) a site supervisor’s licence;\n- (d) a fire protection occupational licence;\n- (e) a mechanical services occupational licence.","sortOrder":101},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Commission to advise licensee before licence due for renewal","content":"### sec.37A Commission to advise licensee before licence due for renewal\n\nThe commission must give notice in writing to a licensee at least 28 days before the renewal day for the licensee’s licence.\nThe notice must state the following—\nthe renewal day for the licensee’s licence;\nif the licensee is an individual and the commission requires a photograph of the licensee—the form in which the photograph is required by the commission;\nthe renewal fee for the licence and that it must be paid on or before the renewal day;\nfor a contractor’s licence—when the documentary evidence, required by the minimum financial requirements for the licence, must be given to the commission.\ns 37A ins 2007 No. 47 s 11\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 7 ; 2017 No. 43 s 259 ; 2025 No. 28 s 21\n(sec.37A-ssec.1) The commission must give notice in writing to a licensee at least 28 days before the renewal day for the licensee’s licence.\n(sec.37A-ssec.2) The notice must state the following— the renewal day for the licensee’s licence; if the licensee is an individual and the commission requires a photograph of the licensee—the form in which the photograph is required by the commission; the renewal fee for the licence and that it must be paid on or before the renewal day; for a contractor’s licence—when the documentary evidence, required by the minimum financial requirements for the licence, must be given to the commission.\n- (a) the renewal day for the licensee’s licence;\n- (b) if the licensee is an individual and the commission requires a photograph of the licensee—the form in which the photograph is required by the commission;\n- (c) the renewal fee for the licence and that it must be paid on or before the renewal day;\n- (d) for a contractor’s licence—when the documentary evidence, required by the minimum financial requirements for the licence, must be given to the commission.","sortOrder":102},{"sectionNumber":"sec.37B","sectionType":"section","heading":"Applications for renewal of licence","content":"### sec.37B Applications for renewal of licence\n\nA licensee may apply to the commission for the renewal of the licensee’s licence before the renewal day for the licence.\nThe application must—\nbe made in the way prescribed under a regulation; and\nbe accompanied by the appropriate fee prescribed by regulation for the renewal; and\nif a notice under section 37A (2) (b) stated a photograph of the licensee was required—be accompanied by the photograph in the form required by the commission.\nIf requested by the commission by written notice, the licensee must, within the reasonable time stated in the notice, give the commission the further information or evidence the commission requires to decide whether the applicant continues to be entitled to hold a licence.\ns 37B ins 2007 No. 47 s 11\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 8 ; 2025 No. 28 s 22\n(sec.37B-ssec.1) A licensee may apply to the commission for the renewal of the licensee’s licence before the renewal day for the licence.\n(sec.37B-ssec.2) The application must— be made in the way prescribed under a regulation; and be accompanied by the appropriate fee prescribed by regulation for the renewal; and if a notice under section 37A (2) (b) stated a photograph of the licensee was required—be accompanied by the photograph in the form required by the commission.\n(sec.37B-ssec.3) If requested by the commission by written notice, the licensee must, within the reasonable time stated in the notice, give the commission the further information or evidence the commission requires to decide whether the applicant continues to be entitled to hold a licence.\n- (a) be made in the way prescribed under a regulation; and\n- (b) be accompanied by the appropriate fee prescribed by regulation for the renewal; and\n- (c) if a notice under section 37A (2) (b) stated a photograph of the licensee was required—be accompanied by the photograph in the form required by the commission.","sortOrder":103},{"sectionNumber":"sec.37C","sectionType":"section","heading":null,"content":"### Section sec.37C\n\ns 37C ins 2007 No. 47 s 11\namd 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 9","sortOrder":104},{"sectionNumber":"sec.38","sectionType":"section","heading":"Suspension for non-payment of fee","content":"### sec.38 Suspension for non-payment of fee\n\nIf a licensee fails to pay the appropriate licence fee within the time allowed under the regulations, the commission may, by notice to the licensee, suspend the licence.\nA suspension imposed under this section terminates on payment of the appropriate fee.\nIf a licence has remained in suspension under this section for more than 3 months, the commission may, by notice to the licensee, cancel the licence.\ns 38 amd 2007 No. 47 s 12 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 10\n(sec.38-ssec.1) If a licensee fails to pay the appropriate licence fee within the time allowed under the regulations, the commission may, by notice to the licensee, suspend the licence.\n(sec.38-ssec.2) A suspension imposed under this section terminates on payment of the appropriate fee.\n(sec.38-ssec.3) If a licence has remained in suspension under this section for more than 3 months, the commission may, by notice to the licensee, cancel the licence.","sortOrder":105},{"sectionNumber":"sec.38A","sectionType":"section","heading":"Receipt of fee does not revive licence","content":"### sec.38A Receipt of fee does not revive licence\n\nThis section applies if, despite the cancellation or suspension of a licence under this Act, other than a suspension under section 38 (1) , the commission accepts the payment of an amount purporting to be the licence fee for the licence.\nThe licence does not stop being cancelled or suspended merely because of the commission’s acceptance of the payment.\nSubsection (2) applies whether or not the commission gives a receipt for the payment.\ns 38A ins 1999 No. 43 s 19\namd 2013 No. 38 s 14 sch 1\n(sec.38A-ssec.1) This section applies if, despite the cancellation or suspension of a licence under this Act, other than a suspension under section 38 (1) , the commission accepts the payment of an amount purporting to be the licence fee for the licence.\n(sec.38A-ssec.2) The licence does not stop being cancelled or suspended merely because of the commission’s acceptance of the payment.\n(sec.38A-ssec.3) Subsection (2) applies whether or not the commission gives a receipt for the payment.","sortOrder":106},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Restoration of licences","content":"## Restoration of licences","sortOrder":107},{"sectionNumber":"sec.39","sectionType":"section","heading":"Restoration of licence","content":"### sec.39 Restoration of licence\n\nThis section applies if a licence has been cancelled under section 38 (3) .\nThe licensee may request that the commission restore the licence.\nThe commission must restore the licence if the request—\nis made within 3 months of the licence being cancelled; and\nis accompanied by the fee prescribed by regulation.\ns 39 prev s 39 amd 1992 No. 36 s 3 sch 1 ; 1999 No. 43 s 20 ; 2000 No. 10 s 183 sch 1 ; 2003 No. 1 s 15 ; 2003 No. 30 s 169 sch 1\nom 2007 No. 47 s 13\npres s 39 ins 2014 No. 57 s 11\n(sec.39-ssec.1) This section applies if a licence has been cancelled under section 38 (3) .\n(sec.39-ssec.2) The licensee may request that the commission restore the licence.\n(sec.39-ssec.3) The commission must restore the licence if the request— is made within 3 months of the licence being cancelled; and is accompanied by the fee prescribed by regulation.\n- (a) is made within 3 months of the licence being cancelled; and\n- (b) is accompanied by the fee prescribed by regulation.","sortOrder":108},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 1994 No. 20 s 14","sortOrder":109},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 om 2007 No. 47 s 13","sortOrder":110},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Requirement to be licensed","content":"## Requirement to be licensed","sortOrder":111},{"sectionNumber":"sec.42","sectionType":"section","heading":"Unlawful carrying out of building work","content":"### sec.42 Unlawful carrying out of building work\n\nUnless exempt under schedule 1A , a person must not carry out, or undertake to carry out, building work unless the person holds a contractor’s licence of the appropriate class under this Act.\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 building work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\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.\nSubject to subsection (4) , a person who carries out building work in contravention of this section is not entitled to any monetary or other consideration for doing so.\nA person is not stopped under subsection (3) from claiming reasonable remuneration for carrying out building work, but only if the amount claimed—\nis not more than the amount paid by the person in supplying materials and labour for carrying out the building work; and\ndoes not include allowance for any of the following—\nthe supply of the person’s own labour;\nthe making of a profit by the person for carrying out the building work;\ncosts incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred; and\nis not more than any amount agreed to, or purportedly agreed to, as the price for carrying out the building work; and\ndoes not include any amount paid by the person that may fairly be characterised as being, in substance, an amount paid for the person’s own direct or indirect benefit.\ns 42 amd 1994 No. 20 s 3 sch ; 1999 No. 43 s 21 ; 2000 No. 10 s 183 sch 1 ; 2003 No. 1 s 16 ; 2007 No. 47 s 14 ; 2013 No. 51 s 229 sch 1\nsub 2013 No. 58 s 25\namd 2017 No. 43 s 260\n(sec.42-ssec.1) Unless exempt under schedule 1A , a person must not carry out, or undertake to carry out, building work unless the person holds a contractor’s licence of the appropriate class under this Act. 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 building work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\n(sec.42-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(sec.42-ssec.3) Subject to subsection (4) , a person who carries out building work in contravention of this section is not entitled to any monetary or other consideration for doing so.\n(sec.42-ssec.4) A person is not stopped under subsection (3) from claiming reasonable remuneration for carrying out building work, but only if the amount claimed— is not more than the amount paid by the person in supplying materials and labour for carrying out the building work; and does not include allowance for any of the following— the supply of the person’s own labour; the making of a profit by the person for carrying out the building work; costs incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred; and is not more than any amount agreed to, or purportedly agreed to, as the price for carrying out the building work; and does not include any amount paid by the person that may fairly be characterised as being, in substance, an amount paid for the person’s own direct or indirect benefit.\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 building work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\n- (a) is not more than the amount paid by the person in supplying materials and labour for carrying out the building work; and\n- (b) does not include allowance for any of the following— (i) the supply of the person’s own labour; (ii) the making of a profit by the person for carrying out the building work; (iii) costs incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred; and\n- (i) the supply of the person’s own labour;\n- (ii) the making of a profit by the person for carrying out the building work;\n- (iii) costs incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred; and\n- (c) is not more than any amount agreed to, or purportedly agreed to, as the price for carrying out the building work; and\n- (d) does not include any amount paid by the person that may fairly be characterised as being, in substance, an amount paid for the person’s own direct or indirect benefit.\n- (i) the supply of the person’s own labour;\n- (ii) the making of a profit by the person for carrying out the building work;\n- (iii) costs incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred; and","sortOrder":112},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Temporary exemption from s 42 for up to 12 months for new classes of licence","content":"### sec.42A Temporary exemption from s 42 for up to 12 months for new classes of licence\n\nThis section applies if—\non or after 1 July 2000, a class of licence (the new class of licence ) is established under this Act; and\nimmediately before the establishment of the new class of licence a person (the relevant person ) was carrying on a business that included carrying out work ( relevant work ) within the scope of work for the new class of licence; and\neither of the following applied immediately before the establishment of the new class of licence—\nno relevant work was building work;\nsome relevant work was building work, but its carrying out was incidental to the carrying out of all other relevant work.\nSection 42 does not apply to the relevant person for carrying out, or undertaking to carry out, relevant work for the first 6 months after the new class of licence is established.\nAlso, if the relevant person applies for the new class of licence within the 6-month period mentioned in subsection (2) , section 42 does not apply in relation to the person for carrying out, or undertaking to carry out, relevant work until the application is decided or withdrawn.\nTo remove any doubt, it is declared that while section 42 does not apply to the relevant person under subsection (2) or (3) —\nthe person is not prohibited from carrying out, or undertaking to carry out, relevant work under section 42 (1) ; and\nthe person is not stopped from being entitled to monetary or other consideration for carrying out relevant work under section 42 (3) .\nIf the application mentioned in subsection (3) is not decided or withdrawn within 12 months after the new class of licence is established, the application is taken to be refused at the end of the 12 months.\ns 42A ins 2000 No. 24 s 42\namd 2020 No. 24 s 115D (retro)\n(sec.42A-ssec.1) This section applies if— on or after 1 July 2000, a class of licence (the new class of licence ) is established under this Act; and immediately before the establishment of the new class of licence a person (the relevant person ) was carrying on a business that included carrying out work ( relevant work ) within the scope of work for the new class of licence; and either of the following applied immediately before the establishment of the new class of licence— no relevant work was building work; some relevant work was building work, but its carrying out was incidental to the carrying out of all other relevant work.\n(sec.42A-ssec.2) Section 42 does not apply to the relevant person for carrying out, or undertaking to carry out, relevant work for the first 6 months after the new class of licence is established.\n(sec.42A-ssec.3) Also, if the relevant person applies for the new class of licence within the 6-month period mentioned in subsection (2) , section 42 does not apply in relation to the person for carrying out, or undertaking to carry out, relevant work until the application is decided or withdrawn.\n(sec.42A-ssec.4) To remove any doubt, it is declared that while section 42 does not apply to the relevant person under subsection (2) or (3) — the person is not prohibited from carrying out, or undertaking to carry out, relevant work under section 42 (1) ; and the person is not stopped from being entitled to monetary or other consideration for carrying out relevant work under section 42 (3) .\n(sec.42A-ssec.5) If the application mentioned in subsection (3) is not decided or withdrawn within 12 months after the new class of licence is established, the application is taken to be refused at the end of the 12 months.\n- (a) on or after 1 July 2000, a class of licence (the new class of licence ) is established under this Act; and\n- (b) immediately before the establishment of the new class of licence a person (the relevant person ) was carrying on a business that included carrying out work ( relevant work ) within the scope of work for the new class of licence; and\n- (c) either of the following applied immediately before the establishment of the new class of licence— (i) no relevant work was building work; (ii) some relevant work was building work, but its carrying out was incidental to the carrying out of all other relevant work.\n- (i) no relevant work was building work;\n- (ii) some relevant work was building work, but its carrying out was incidental to the carrying out of all other relevant work.\n- (i) no relevant work was building work;\n- (ii) some relevant work was building work, but its carrying out was incidental to the carrying out of all other relevant work.\n- (a) the person is not prohibited from carrying out, or undertaking to carry out, relevant work under section 42 (1) ; and\n- (b) the person is not stopped from being entitled to monetary or other consideration for carrying out relevant work under section 42 (3) .","sortOrder":113},{"sectionNumber":"sec.42B","sectionType":"section","heading":"Carrying out building work without a nominee","content":"### sec.42B Carrying out building work without a nominee\n\nA licensee that is a company must not carry out, or undertake to carry out, building work unless the licensee has a nominee who holds a contractor’s licence or a nominee supervisor’s licence for the building work carried out, or undertaken to be carried out, under the company’s class of licence.\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 building work carried out is tier 1 defective work—350 penalty units.\nHowever, a licensee does not commit an offence against subsection (1) if the period the licensee has not had a nominee is less than 28 days.\nAn individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units, commits a crime.\ns 42B ins 2007 No. 47 s 15\namd 2017 No. 43 s 261\n(sec.42B-ssec.1) A licensee that is a company must not carry out, or undertake to carry out, building work unless the licensee has a nominee who holds a contractor’s licence or a nominee supervisor’s licence for the building work carried out, or undertaken to be carried out, under the company’s class of licence. 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 building work carried out is tier 1 defective work—350 penalty units.\n(sec.42B-ssec.2) However, a licensee does not commit an offence against subsection (1) if the period the licensee has not had a nominee is less than 28 days.\n(sec.42B-ssec.3) An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units, 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 building work carried out is tier 1 defective work—350 penalty units.","sortOrder":114},{"sectionNumber":"sec.42C","sectionType":"section","heading":"Unlawful carrying out of fire protection work","content":"### sec.42C Unlawful carrying out of fire protection work\n\nAn individual must not personally carry out, or personally supervise, fire protection work unless the individual—\nholds a fire protection occupational licence; or\nholds a licence, registration or authorisation under this or another Act that allows the person to personally carry out or personally supervise 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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\nSubsection (1) does not apply to an individual who personally carries out fire protection work if—\nthe fire protection work is a type prescribed under a regulation; and\nthe individual has the technical qualifications prescribed under a regulation for the type of fire protection work; and\nthe individual carries out the fire protection work for a licensed contractor who holds a licence of the relevant class for the work.\nAlso, subsection (1) does not apply to—\nan apprentice who personally carries out fire protection work in a calling that requires the apprentice to carry out the work; or\na trainee who personally carries out fire protection work in a calling that requires the trainee to carry out the work; or\na student who personally carries out fire protection work as part of training under the supervision of teaching staff at—\na university; or\na college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or\na student who, for work experience, personally carries out fire protection work as part of a pre-vocational course.\nFurther, subsection (1) does not apply to a person who, immediately before the establishment of a new class of licence, registration or authorisation mentioned in subsection (1) , was carrying out work within the scope of work for the new class of licence, registration or authorisation in a circumstance prescribed by regulation.\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.\ns 42C ins 2007 No. 47 s 15\namd 2014 No. 57 s 12 ; 2017 No. 43 s 262 ; 2020 No. 24 s 115E\n(sec.42C-ssec.1) An individual must not personally carry out, or personally supervise, fire protection work unless the individual— holds a fire protection occupational licence; or holds a licence, registration or authorisation under this or another Act that allows the person to personally carry out or personally supervise 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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\n(sec.42C-ssec.2) Subsection (1) does not apply to an individual who personally carries out fire protection work if— the fire protection work is a type prescribed under a regulation; and the individual has the technical qualifications prescribed under a regulation for the type of fire protection work; and the individual carries out the fire protection work for a licensed contractor who holds a licence of the relevant class for the work.\n(sec.42C-ssec.3) Also, subsection (1) does not apply to— an apprentice who personally carries out fire protection work in a calling that requires the apprentice to carry out the work; or a trainee who personally carries out fire protection work in a calling that requires the trainee to carry out the work; or a student who personally carries out fire protection work as part of training under the supervision of teaching staff at— a university; or a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or a student who, for work experience, personally carries out fire protection work as part of a pre-vocational course.\n(sec.42C-ssec.3A) Further, subsection (1) does not apply to a person who, immediately before the establishment of a new class of licence, registration or authorisation mentioned in subsection (1) , was carrying out work within the scope of work for the new class of licence, registration or authorisation in a circumstance prescribed by regulation.\n(sec.42C-ssec.4) 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) holds a fire protection occupational licence; or\n- (b) holds a licence, registration or authorisation under this or another Act that allows the person to personally carry out or personally supervise the work.\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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\n- (a) the fire protection work is a type prescribed under a regulation; and\n- (b) the individual has the technical qualifications prescribed under a regulation for the type of fire protection work; and\n- (c) the individual carries out the fire protection work for a licensed contractor who holds a licence of the relevant class for the work.\n- (a) an apprentice who personally carries out fire protection work in a calling that requires the apprentice to carry out the work; or\n- (b) a trainee who personally carries out fire protection work in a calling that requires the trainee to carry out the work; or\n- (c) a student who personally carries out fire protection work as part of training under the supervision of teaching staff at— (i) a university; or (ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or\n- (i) a university; or\n- (ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or\n- (d) a student who, for work experience, personally carries out fire protection work as part of a pre-vocational course.\n- (i) a university; or\n- (ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or","sortOrder":115},{"sectionNumber":"sec.42CA","sectionType":"section","heading":"Unlawful carrying out of mechanical services work","content":"### sec.42CA Unlawful carrying out of mechanical services work\n\nAn individual must not personally carry out, or personally supervise, mechanical services work unless the individual—\nholds a mechanical services occupational licence; or\nholds a licence, registration or authorisation under this Act or another Act that allows the person to personally carry out or personally supervise 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 mechanical services work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\nSubsection (1) does not apply to an individual who personally carries out mechanical services work if the mechanical services work is a type prescribed by regulation.\nAlso, subsection (1) does not apply to—\nan apprentice who personally carries out mechanical services work in a calling that requires the apprentice to carry out the work; or\na trainee who personally carries out mechanical services work in a calling that requires the trainee to carry out the work; or\na student who personally carries out mechanical services work as part of training under the supervision of teaching staff at—\na university; or\na college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or\na student who, for work experience, personally carries out mechanical services work as part of a pre-vocational course.\nFurther, subsection (1) does not apply to a person who, immediately before the establishment of a new class of licence, registration or authorisation mentioned in subsection (1) , was carrying out work within the scope of work for the new class of licence, registration or authorisation in a circumstance prescribed by regulation.\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.\ns 42CA ins 2018 No. 17 s 186\namd 2020 No. 24 s 115F (retro)\n(sec.42CA-ssec.1) An individual must not personally carry out, or personally supervise, mechanical services work unless the individual— holds a mechanical services occupational licence; or holds a licence, registration or authorisation under this Act or another Act that allows the person to personally carry out or personally supervise 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 mechanical services work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\n(sec.42CA-ssec.2) Subsection (1) does not apply to an individual who personally carries out mechanical services work if the mechanical services work is a type prescribed by regulation.\n(sec.42CA-ssec.3) Also, subsection (1) does not apply to— an apprentice who personally carries out mechanical services work in a calling that requires the apprentice to carry out the work; or a trainee who personally carries out mechanical services work in a calling that requires the trainee to carry out the work; or a student who personally carries out mechanical services work as part of training under the supervision of teaching staff at— a university; or a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or a student who, for work experience, personally carries out mechanical services work as part of a pre-vocational course.\n(sec.42CA-ssec.3A) Further, subsection (1) does not apply to a person who, immediately before the establishment of a new class of licence, registration or authorisation mentioned in subsection (1) , was carrying out work within the scope of work for the new class of licence, registration or authorisation in a circumstance prescribed by regulation.\n(sec.42CA-ssec.4) 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) holds a mechanical services occupational licence; or\n- (b) holds a licence, registration or authorisation under this Act or another Act that allows the person to personally carry out or personally supervise the work.\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 mechanical services work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\n- (a) an apprentice who personally carries out mechanical services work in a calling that requires the apprentice to carry out the work; or\n- (b) a trainee who personally carries out mechanical services work in a calling that requires the trainee to carry out the work; or\n- (c) a student who personally carries out mechanical services work as part of training under the supervision of teaching staff at— (i) a university; or (ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or\n- (i) a university; or\n- (ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or\n- (d) a student who, for work experience, personally carries out mechanical services work as part of a pre-vocational course.\n- (i) a university; or\n- (ii) a college, school or similar institution conducted, approved or accredited by the State or the Commonwealth; or","sortOrder":116},{"sectionNumber":"sec.42D","sectionType":"section","heading":"Licensed contractor must not engage or direct unauthorised person for fire protection work","content":"### sec.42D Licensed contractor must not engage or direct unauthorised person for fire protection work\n\nA licensed contractor must not engage or direct an employee to carry out fire protection work unless the employee is authorised to carry out the work under this or another Act.\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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\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.\nThis provision is an executive liability provision—see section 111B .\ns 42D ins 2007 No. 47 s 15\namd 2013 No. 51 s 229 sch 1 ; 2017 No. 43 s 263\n(sec.42D-ssec.1) A licensed contractor must not engage or direct an employee to carry out fire protection work unless the employee is authorised to carry out the work under this or another Act. 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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\n(sec.42D-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. This provision is an executive liability provision—see section 111B .\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 fire protection work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.","sortOrder":117},{"sectionNumber":"sec.42DA","sectionType":"section","heading":"Licensed contractor must not engage or direct unauthorised person for mechanical services work","content":"### sec.42DA Licensed contractor must not engage or direct unauthorised person for mechanical services work\n\nA licensed contractor must not engage or direct an employee to carry out mechanical services work unless the employee is authorised to carry out the work under this Act or another Act.\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 mechanical services work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\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.\nThis provision is an executive liability provision—see section 111B .\ns 42DA ins 2018 No. 17 s 187\n(sec.42DA-ssec.1) A licensed contractor must not engage or direct an employee to carry out mechanical services work unless the employee is authorised to carry out the work under this Act or another Act. 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 mechanical services work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.\n(sec.42DA-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. This provision is an executive liability provision—see section 111B .\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 mechanical services work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.","sortOrder":118},{"sectionNumber":"sec.42E","sectionType":"section","heading":"Avoidance of contractual obligations causing significant financial loss","content":"### sec.42E Avoidance of contractual obligations causing significant financial loss\n\nThis section applies to a person who is a party to a building contract.\nThe person must not, without reasonable excuse, cause another party to the building contract to suffer a significant financial loss because of the person’s deliberate non-compliance with the contract.\nMaximum penalty—350 penalty units.\nSee also the Justices Act 1886 , section 76 .\ns 42E ins 2017 No. 43 s 264\namd 2020 No. 24 s 135\n(sec.42E-ssec.1) This section applies to a person who is a party to a building contract.\n(sec.42E-ssec.2) The person must not, without reasonable excuse, cause another party to the building contract to suffer a significant financial loss because of the person’s deliberate non-compliance with the contract. Maximum penalty—350 penalty units. See also the Justices Act 1886 , section 76 .","sortOrder":119},{"sectionNumber":"sec.43","sectionType":"section","heading":"Licensed contractor must ensure building work is personally supervised","content":"### sec.43 Licensed contractor must ensure building work is personally supervised\n\nFor a licensed contractor that is a company, the company and the company’s nominee must each ensure that building work carried out by the contractor is personally supervised by—\nthe company’s nominee; or\nan officer or employee of the contractor who holds one of the following licences of the relevant class authorising supervision of the building work—\na nominee supervisor’s licence;\na site supervisor’s licence;\na fire protection occupational licence;\nan occupational licence; or\nan individual who holds a contractor’s licence of the relevant class.\nMaximum penalty—\nfor an individual—200 penalty units; or\nfor a company—1,000 penalty units.\nFor a licensed contractor that is an individual, the contractor must ensure that building work carried out by the contractor is personally supervised by—\nthe contractor; or\nan employee of the contractor who holds one of the following licences of the relevant class authorising supervision of the building work—\na nominee supervisor’s licence;\na site supervisor’s licence;\na fire protection occupational licence;\nan occupational licence; or\nan individual who holds a contractor’s licence of the relevant class.\nMaximum penalty—200 penalty units.\nIn this section—\nlicensed contractor does not include a licensed contractor that is a construction manager.\ns 43 amd 1994 No. 20 ss 15 , 3 sch ; 2003 No. 1 s 17\nsub 2007 No. 47 s 16\n(sec.43-ssec.1) For a licensed contractor that is a company, the company and the company’s nominee must each ensure that building work carried out by the contractor is personally supervised by— the company’s nominee; or an officer or employee of the contractor who holds one of the following licences of the relevant class authorising supervision of the building work— a nominee supervisor’s licence; a site supervisor’s licence; a fire protection occupational licence; an occupational licence; or an individual who holds a contractor’s licence of the relevant class. Maximum penalty— for an individual—200 penalty units; or for a company—1,000 penalty units.\n(sec.43-ssec.2) For a licensed contractor that is an individual, the contractor must ensure that building work carried out by the contractor is personally supervised by— the contractor; or an employee of the contractor who holds one of the following licences of the relevant class authorising supervision of the building work— a nominee supervisor’s licence; a site supervisor’s licence; a fire protection occupational licence; an occupational licence; or an individual who holds a contractor’s licence of the relevant class. Maximum penalty—200 penalty units.\n(sec.43-ssec.3) In this section— licensed contractor does not include a licensed contractor that is a construction manager.\n- (a) the company’s nominee; or\n- (b) an officer or employee of the contractor who holds one of the following licences of the relevant class authorising supervision of the building work— (i) a nominee supervisor’s licence; (ii) a site supervisor’s licence; (iii) a fire protection occupational licence; (iv) an occupational licence; or\n- (i) a nominee supervisor’s licence;\n- (ii) a site supervisor’s licence;\n- (iii) a fire protection occupational licence;\n- (iv) an occupational licence; or\n- (c) an individual who holds a contractor’s licence of the relevant class.\n- (i) a nominee supervisor’s licence;\n- (ii) a site supervisor’s licence;\n- (iii) a fire protection occupational licence;\n- (iv) an occupational licence; or\n- (a) for an individual—200 penalty units; or\n- (b) for a company—1,000 penalty units.\n- (a) the contractor; or\n- (b) an employee of the contractor who holds one of the following licences of the relevant class authorising supervision of the building work— (i) a nominee supervisor’s licence; (ii) a site supervisor’s licence; (iii) a fire protection occupational licence; (iv) an occupational licence; or\n- (i) a nominee supervisor’s licence;\n- (ii) a site supervisor’s licence;\n- (iii) a fire protection occupational licence;\n- (iv) an occupational licence; or\n- (c) an individual who holds a contractor’s licence of the relevant class.\n- (i) a nominee supervisor’s licence;\n- (ii) a site supervisor’s licence;\n- (iii) a fire protection occupational licence;\n- (iv) an occupational licence; or","sortOrder":120},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Licensed contractor must ensure building work is adequately supervised","content":"### sec.43A Licensed contractor must ensure building work is adequately supervised\n\nFor a licensed contractor that is a company, the company and the company’s nominee must each ensure that building work carried out by the contractor is adequately supervised.\nMaximum penalty—\nfor an individual—200 penalty units; or\nfor a company—1,000 penalty units.\nFor a licensed contractor that is an individual, the contractor must ensure that building work carried out by the contractor is adequately supervised.\nMaximum penalty—200 penalty units.\nIn deciding whether building work is adequately supervised, regard must be had to the following—\nwhether the licensed contractor has a system for the supervision of the work and, if so, how the system has been implemented;\nwhether the building work is in accordance with the plans and specifications set out in the contract for the work;\nwhether the work is of a standard expected of a competent holder of a contractor’s licence of the relevant class;\nwhether, having regard to the size and complexity of the building work, the following are sufficient—\nthe level of control, oversight and direction exercised by a person authorised to supervise the work;\nthe number, timing and quality of inspections carried out by a person authorised to supervise the work;\nwhether the building work is checked on its completion and before final payment by a person authorised to supervise the work.\nIn this section—\nlicensed contractor does not include a licensed contractor that is a construction manager.\ns 43A ins 2007 No. 47 s 16\n(sec.43A-ssec.1) For a licensed contractor that is a company, the company and the company’s nominee must each ensure that building work carried out by the contractor is adequately supervised. Maximum penalty— for an individual—200 penalty units; or for a company—1,000 penalty units.\n(sec.43A-ssec.2) For a licensed contractor that is an individual, the contractor must ensure that building work carried out by the contractor is adequately supervised. Maximum penalty—200 penalty units.\n(sec.43A-ssec.3) In deciding whether building work is adequately supervised, regard must be had to the following— whether the licensed contractor has a system for the supervision of the work and, if so, how the system has been implemented; whether the building work is in accordance with the plans and specifications set out in the contract for the work; whether the work is of a standard expected of a competent holder of a contractor’s licence of the relevant class; whether, having regard to the size and complexity of the building work, the following are sufficient— the level of control, oversight and direction exercised by a person authorised to supervise the work; the number, timing and quality of inspections carried out by a person authorised to supervise the work; whether the building work is checked on its completion and before final payment by a person authorised to supervise the work.\n(sec.43A-ssec.4) In this section— licensed contractor does not include a licensed contractor that is a construction manager.\n- (a) for an individual—200 penalty units; or\n- (b) for a company—1,000 penalty units.\n- (a) whether the licensed contractor has a system for the supervision of the work and, if so, how the system has been implemented;\n- (b) whether the building work is in accordance with the plans and specifications set out in the contract for the work;\n- (c) whether the work is of a standard expected of a competent holder of a contractor’s licence of the relevant class;\n- (d) whether, having regard to the size and complexity of the building work, the following are sufficient— (i) the level of control, oversight and direction exercised by a person authorised to supervise the work; (ii) the number, timing and quality of inspections carried out by a person authorised to supervise the work;\n- (i) the level of control, oversight and direction exercised by a person authorised to supervise the work;\n- (ii) the number, timing and quality of inspections carried out by a person authorised to supervise the work;\n- (e) whether the building work is checked on its completion and before final payment by a person authorised to supervise the work.\n- (i) the level of control, oversight and direction exercised by a person authorised to supervise the work;\n- (ii) the number, timing and quality of inspections carried out by a person authorised to supervise the work;","sortOrder":121},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Construction manager must ensure building work is personally supervised","content":"### sec.43B Construction manager must ensure building work is personally supervised\n\nThis section applies if a construction manager provides building work services for a principal under a construction management contract for the carrying out of building work.\nFor a construction manager that is a company, the company and the company’s nominee must each ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by—\nthe company’s nominee; or\nan officer or employee of the company who holds one of the following licences of the relevant class authorising supervision of the building work—\na nominee supervisor’s licence;\na site supervisor’s licence;\na fire protection occupational licence;\nan occupational licence; or\nan individual who holds a contractor’s licence of the relevant class.\nMaximum penalty—\nfor an individual—200 penalty units; or\nfor a company—1,000 penalty units.\nFor a construction manager that is an individual, the construction manager must ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by—\nthe construction manager; or\nan employee of the construction manager who holds one of the following licences of the relevant class authorising supervision of the building work—\na nominee supervisor’s licence;\na site supervisor’s licence;\na fire protection occupational licence;\nan occupational licence; or\nan individual who holds a contractor’s licence of the relevant class.\nMaximum penalty—200 penalty units.\ns 43B ins 2007 No. 47 s 16\n(sec.43B-ssec.1) This section applies if a construction manager provides building work services for a principal under a construction management contract for the carrying out of building work.\n(sec.43B-ssec.2) For a construction manager that is a company, the company and the company’s nominee must each ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by— the company’s nominee; or an officer or employee of the company who holds one of the following licences of the relevant class authorising supervision of the building work— a nominee supervisor’s licence; a site supervisor’s licence; a fire protection occupational licence; an occupational licence; or an individual who holds a contractor’s licence of the relevant class. Maximum penalty— for an individual—200 penalty units; or for a company—1,000 penalty units.\n(sec.43B-ssec.3) For a construction manager that is an individual, the construction manager must ensure that building work carried out by licensed contractors under construction management trade contracts for the principal is personally supervised by— the construction manager; or an employee of the construction manager who holds one of the following licences of the relevant class authorising supervision of the building work— a nominee supervisor’s licence; a site supervisor’s licence; a fire protection occupational licence; an occupational licence; or an individual who holds a contractor’s licence of the relevant class. Maximum penalty—200 penalty units.\n- (a) the company’s nominee; or\n- (b) an officer or employee of the company who holds one of the following licences of the relevant class authorising supervision of the building work— (i) a nominee supervisor’s licence; (ii) a site supervisor’s licence; (iii) a fire protection occupational licence; (iv) an occupational licence; or\n- (i) a nominee supervisor’s licence;\n- (ii) a site supervisor’s licence;\n- (iii) a fire protection occupational licence;\n- (iv) an occupational licence; or\n- (c) an individual who holds a contractor’s licence of the relevant class.\n- (i) a nominee supervisor’s licence;\n- (ii) a site supervisor’s licence;\n- (iii) a fire protection occupational licence;\n- (iv) an occupational licence; or\n- (a) for an individual—200 penalty units; or\n- (b) for a company—1,000 penalty units.\n- (a) the construction manager; or\n- (b) an employee of the construction manager who holds one of the following licences of the relevant class authorising supervision of the building work— (i) a nominee supervisor’s licence; (ii) a site supervisor’s licence; (iii) a fire protection occupational licence; (iv) an occupational licence; or\n- (i) a nominee supervisor’s licence;\n- (ii) a site supervisor’s licence;\n- (iii) a fire protection occupational licence;\n- (iv) an occupational licence; or\n- (c) an individual who holds a contractor’s licence of the relevant class.\n- (i) a nominee supervisor’s licence;\n- (ii) a site supervisor’s licence;\n- (iii) a fire protection occupational licence;\n- (iv) an occupational licence; or","sortOrder":122},{"sectionNumber":"sec.43C","sectionType":"section","heading":"Construction manager must ensure building work is adequately supervised","content":"### sec.43C Construction manager must ensure building work is adequately supervised\n\nThis section applies if a construction manager provides building work services for a principal under a construction management contract for the carrying out of building work.\nFor a construction manager that is a company, the company and the company’s nominee must each ensure that the building work carried out by licensed contractors under construction management trade contracts for the principal is adequately supervised.\nMaximum penalty—\nfor an individual—200 penalty units; or\nfor a company—1,000 penalty units.\nFor a construction manager that is an individual, the construction manager must ensure that the building work carried out by licensed contractors under construction management trade contracts for the principal is adequately supervised.\nMaximum penalty—200 penalty units.\nIn deciding whether building work is adequately supervised, regard must be had to the following—\nwhether the construction manager has a system for the supervision of the work and, if so, how the system has been implemented;\nwhether the building work is in accordance with the plans and specifications set out in the contract for the work;\nwhether the work is of a standard expected of a competent holder of a contractor’s licence of the relevant class;\nwhether, having regard to the size and complexity of the building work, the following are sufficient—\nthe level of control, oversight and direction exercised by a person authorised to supervise the work;\nthe number, timing and quality of inspections carried out by a person authorised to supervise the work;\nwhether the building work is checked on its completion and before final payment by a person authorised to supervise the work.\ns 43C ins 2007 No. 47 s 16\n(sec.43C-ssec.1) This section applies if a construction manager provides building work services for a principal under a construction management contract for the carrying out of building work.\n(sec.43C-ssec.2) For a construction manager that is a company, the company and the company’s nominee must each ensure that the building work carried out by licensed contractors under construction management trade contracts for the principal is adequately supervised. Maximum penalty— for an individual—200 penalty units; or for a company—1,000 penalty units.\n(sec.43C-ssec.3) For a construction manager that is an individual, the construction manager must ensure that the building work carried out by licensed contractors under construction management trade contracts for the principal is adequately supervised. Maximum penalty—200 penalty units.\n(sec.43C-ssec.4) In deciding whether building work is adequately supervised, regard must be had to the following— whether the construction manager has a system for the supervision of the work and, if so, how the system has been implemented; whether the building work is in accordance with the plans and specifications set out in the contract for the work; whether the work is of a standard expected of a competent holder of a contractor’s licence of the relevant class; whether, having regard to the size and complexity of the building work, the following are sufficient— the level of control, oversight and direction exercised by a person authorised to supervise the work; the number, timing and quality of inspections carried out by a person authorised to supervise the work; whether the building work is checked on its completion and before final payment by a person authorised to supervise the work.\n- (a) for an individual—200 penalty units; or\n- (b) for a company—1,000 penalty units.\n- (a) whether the construction manager has a system for the supervision of the work and, if so, how the system has been implemented;\n- (b) whether the building work is in accordance with the plans and specifications set out in the contract for the work;\n- (c) whether the work is of a standard expected of a competent holder of a contractor’s licence of the relevant class;\n- (d) whether, having regard to the size and complexity of the building work, the following are sufficient— (i) the level of control, oversight and direction exercised by a person authorised to supervise the work; (ii) the number, timing and quality of inspections carried out by a person authorised to supervise the work;\n- (i) the level of control, oversight and direction exercised by a person authorised to supervise the work;\n- (ii) the number, timing and quality of inspections carried out by a person authorised to supervise the work;\n- (e) whether the building work is checked on its completion and before final payment by a person authorised to supervise the work.\n- (i) the level of control, oversight and direction exercised by a person authorised to supervise the work;\n- (ii) the number, timing and quality of inspections carried out by a person authorised to supervise the work;","sortOrder":123},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Owner-builders","content":"## Owner-builders","sortOrder":124},{"sectionNumber":"sec.43D","sectionType":"section","heading":"Definitions for div 8","content":"### sec.43D Definitions for div 8\n\nIn this division—\ncarry out , in relation to owner-builder work, means—\ncarry out the work personally; or\ndo both of the following—\nengage 1 or more licensed contractors to carry out building work;\nprovide building work services that would usually be carried out by a licensed contractor in the course of the contractor’s business; or\ndo a combination of (a) and (b).\ndirecting licensed contractors how to perform building work\ncoordinating the scheduling of building work by licensed contractors\narranging for payment of subcontractors\nmultiple dwelling means a building comprising 2 or more residential units.\nowner includes a person—\nwho—\nholds an estate or interest in land that entitles the person to become an owner (as defined in schedule 2 ) of the land; or\nis the occupier of land under a lease, licence or other authority from the owner (as defined in schedule 2 ) of the land; and\nwho produces, with an application for an owner-builder permit, the written agreement of the owner (as defined in schedule 2 ) of the land for an owner-builder permit to be issued to the person.\nowner-builder course means a course prescribed by regulation.\nowner-builder work means building work for a building that is to be used for residential purposes carried out on the owner’s land other than the following—\nbuilding work for a multiple dwelling;\nfire protection work, unless the work is carried out by a person who holds a licence to carry out the work;\nbuilding work for which an occupational licence is required (the occupational work ), unless the work is carried out by a person who holds a licence to carry out the work.\ns 43D ins 2007 No. 47 s 17\n- (a) carry out the work personally; or\n- (b) do both of the following— (i) engage 1 or more licensed contractors to carry out building work; (ii) provide building work services that would usually be carried out by a licensed contractor in the course of the contractor’s business; or\n- (i) engage 1 or more licensed contractors to carry out building work;\n- (ii) provide building work services that would usually be carried out by a licensed contractor in the course of the contractor’s business; or\n- (c) do a combination of (a) and (b).\n- (i) engage 1 or more licensed contractors to carry out building work;\n- (ii) provide building work services that would usually be carried out by a licensed contractor in the course of the contractor’s business; or\n- • directing licensed contractors how to perform building work\n- • coordinating the scheduling of building work by licensed contractors\n- • arranging for payment of subcontractors\n- (a) who— (i) holds an estate or interest in land that entitles the person to become an owner (as defined in schedule 2 ) of the land; or (ii) is the occupier of land under a lease, licence or other authority from the owner (as defined in schedule 2 ) of the land; and\n- (i) holds an estate or interest in land that entitles the person to become an owner (as defined in schedule 2 ) of the land; or\n- (ii) is the occupier of land under a lease, licence or other authority from the owner (as defined in schedule 2 ) of the land; and\n- (b) who produces, with an application for an owner-builder permit, the written agreement of the owner (as defined in schedule 2 ) of the land for an owner-builder permit to be issued to the person.\n- (i) holds an estate or interest in land that entitles the person to become an owner (as defined in schedule 2 ) of the land; or\n- (ii) is the occupier of land under a lease, licence or other authority from the owner (as defined in schedule 2 ) of the land; and\n- (a) building work for a multiple dwelling;\n- (b) fire protection work, unless the work is carried out by a person who holds a licence to carry out the work;\n- (c) building work for which an occupational licence is required (the occupational work ), unless the work is carried out by a person who holds a licence to carry out the work.","sortOrder":125},{"sectionNumber":"sec.43E","sectionType":"section","heading":"When owner-builder permit is required","content":"### sec.43E When owner-builder permit is required\n\nAn owner requires a permit (an owner-builder permit ) to carry out owner-builder work on the owner’s land.\ns 43E ins 2007 No. 47 s 17","sortOrder":126},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application for owner-builder permit","content":"### sec.44 Application for owner-builder permit\n\nThe owner of land may apply to the commission for an owner-builder permit.\nThe application must be—\nin writing; and\nin the form decided by the commission; and\nsigned by—\nfor an owner that is not a company, the owner, or if there is more than 1 owner, by all the owners; or\nfor a company, by all the directors of the company; and\nbe accompanied by the fee prescribed by regulation.\nThe application must—\nstate the name of the owner; and\nif the owner is a company, state the names of the directors and the company’s ACN number; and\nstate the location of the land; and\ninclude a description of the work to be carried out; and\ninclude other information the commission reasonably requires to decide an application.\nThe application must be accompanied by—\nproof of the applicant’s identity; and\nif the applicant is a company, a copy of the company’s current or historical extract; and\nproof that the applicant is the owner of the land; and\nproof that an owner-builder course has been successfully completed by an individual who is—\nan applicant; or\na director of a company that is an applicant.\ns 44 amd 1993 No. 76 s 2 sch ; 2003 No. 1 s 18\nsub 2007 No. 47 s 18\namd 2013 No. 38 s 14 sch 1\n(sec.44-ssec.1) The owner of land may apply to the commission for an owner-builder permit.\n(sec.44-ssec.2) The application must be— in writing; and in the form decided by the commission; and signed by— for an owner that is not a company, the owner, or if there is more than 1 owner, by all the owners; or for a company, by all the directors of the company; and be accompanied by the fee prescribed by regulation.\n(sec.44-ssec.3) The application must— state the name of the owner; and if the owner is a company, state the names of the directors and the company’s ACN number; and state the location of the land; and include a description of the work to be carried out; and include other information the commission reasonably requires to decide an application.\n(sec.44-ssec.4) The application must be accompanied by— proof of the applicant’s identity; and if the applicant is a company, a copy of the company’s current or historical extract; and proof that the applicant is the owner of the land; and proof that an owner-builder course has been successfully completed by an individual who is— an applicant; or a director of a company that is an applicant.\n- (a) in writing; and\n- (b) in the form decided by the commission; and\n- (c) signed by— (i) for an owner that is not a company, the owner, or if there is more than 1 owner, by all the owners; or (ii) for a company, by all the directors of the company; and\n- (i) for an owner that is not a company, the owner, or if there is more than 1 owner, by all the owners; or\n- (ii) for a company, by all the directors of the company; and\n- (d) be accompanied by the fee prescribed by regulation.\n- (i) for an owner that is not a company, the owner, or if there is more than 1 owner, by all the owners; or\n- (ii) for a company, by all the directors of the company; and\n- (a) state the name of the owner; and\n- (b) if the owner is a company, state the names of the directors and the company’s ACN number; and\n- (c) state the location of the land; and\n- (d) include a description of the work to be carried out; and\n- (e) include other information the commission reasonably requires to decide an application.\n- (a) proof of the applicant’s identity; and\n- (b) if the applicant is a company, a copy of the company’s current or historical extract; and\n- (c) proof that the applicant is the owner of the land; and\n- (d) proof that an owner-builder course has been successfully completed by an individual who is— (i) an applicant; or (ii) a director of a company that is an applicant.\n- (i) an applicant; or\n- (ii) a director of a company that is an applicant.\n- (i) an applicant; or\n- (ii) a director of a company that is an applicant.","sortOrder":127},{"sectionNumber":"sec.44A","sectionType":"section","heading":"Consideration of application for permit","content":"### sec.44A Consideration of application for permit\n\nThe commission must consider the application and either grant, or refuse to grant, the application.\nHowever, before deciding the application, the commission may, by written notice given to the applicant, require the applicant to give the commission, within a reasonable period of at least 14 days stated in the notice, further information or a document the commission reasonably considers is needed to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nThe commission may extend the stated period at the request of the applicant.\ns 44A ins 2007 No. 47 s 18\namd 2013 No. 38 s 14 sch 1\n(sec.44A-ssec.1) The commission must consider the application and either grant, or refuse to grant, the application.\n(sec.44A-ssec.2) However, before deciding the application, the commission may, by written notice given to the applicant, require the applicant to give the commission, within a reasonable period of at least 14 days stated in the notice, further information or a document the commission reasonably considers is needed to decide the application.\n(sec.44A-ssec.3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.44A-ssec.4) The commission may extend the stated period at the request of the applicant.","sortOrder":128},{"sectionNumber":"sec.44B","sectionType":"section","heading":"Criteria for granting application for permit","content":"### sec.44B Criteria for granting application for permit\n\nThe commission may grant the application only if the commission is satisfied—\nthat the applicant, or each applicant, is the owner of the land; and\nthat an applicant, or a director of a company that is an applicant, has successfully completed an owner-builder course; and\nif the applicant, or any of the applicants, is an individual, that none of the following has been issued with a permit in the 6 years preceding the application—\nthe applicant, or any of the applicants;\na company for which an applicant who is an individual is or was a director; and\nif the applicant, or any of the applicants, is a company, that none of the following has been issued with a permit in the 6 years preceding the application—\nthe applicant, or any of the applicants;\nan individual who is or was a director of the company; and\nif the applicant, or any of the applicants, is an individual, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application—\nthe applicant, or any of the applicants;\na company for which an applicant who is an individual is or was a director; and\nif the applicant, or any of the applicants, is a company, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application—\nthe applicant, or any of the applicants;\nan individual who is or was a director of the company; and\nnone of the applicants is a banned individual; and\nif an applicant is a company, that none of the directors of the company is a banned individual; and\neach applicant is a fit and proper person to hold a permit.\nIn deciding whether an applicant is a fit and proper person, the commission may have regard only to—\ntier 1 defective work carried out by the following persons, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work—\nthe applicant;\nif the applicant is a company, a director of the applicant; and\nif the applicant, or a director of the applicant, is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the applicant or director has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order.\nHowever, the commission may not have regard to the matter mentioned in subsection (2) (b) if—\nthe applicant or director has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n28 days have not elapsed since the date of the enforcement order.\nDespite subsection (1) (c) and (d) , the commission may grant an application if—\na regulation prescribes exceptional circumstances in which the commission may grant an application even though a previous permit has been issued in the 6 years preceding the application; and\nthe commission considers the applicant is able to show the exceptional circumstances.\ns 44B ins 2007 No. 47 s 18\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1\n(sec.44B-ssec.1) The commission may grant the application only if the commission is satisfied— that the applicant, or each applicant, is the owner of the land; and that an applicant, or a director of a company that is an applicant, has successfully completed an owner-builder course; and if the applicant, or any of the applicants, is an individual, that none of the following has been issued with a permit in the 6 years preceding the application— the applicant, or any of the applicants; a company for which an applicant who is an individual is or was a director; and if the applicant, or any of the applicants, is a company, that none of the following has been issued with a permit in the 6 years preceding the application— the applicant, or any of the applicants; an individual who is or was a director of the company; and if the applicant, or any of the applicants, is an individual, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— the applicant, or any of the applicants; a company for which an applicant who is an individual is or was a director; and if the applicant, or any of the applicants, is a company, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— the applicant, or any of the applicants; an individual who is or was a director of the company; and none of the applicants is a banned individual; and if an applicant is a company, that none of the directors of the company is a banned individual; and each applicant is a fit and proper person to hold a permit.\n(sec.44B-ssec.2) In deciding whether an applicant is a fit and proper person, the commission may have regard only to— tier 1 defective work carried out by the following persons, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work— the applicant; if the applicant is a company, a director of the applicant; and if the applicant, or a director of the applicant, is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the applicant or director has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order.\n(sec.44B-ssec.3) However, the commission may not have regard to the matter mentioned in subsection (2) (b) if— the applicant or director has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or 28 days have not elapsed since the date of the enforcement order.\n(sec.44B-ssec.4) Despite subsection (1) (c) and (d) , the commission may grant an application if— a regulation prescribes exceptional circumstances in which the commission may grant an application even though a previous permit has been issued in the 6 years preceding the application; and the commission considers the applicant is able to show the exceptional circumstances.\n- (a) that the applicant, or each applicant, is the owner of the land; and\n- (b) that an applicant, or a director of a company that is an applicant, has successfully completed an owner-builder course; and\n- (c) if the applicant, or any of the applicants, is an individual, that none of the following has been issued with a permit in the 6 years preceding the application— (i) the applicant, or any of the applicants; (ii) a company for which an applicant who is an individual is or was a director; and\n- (i) the applicant, or any of the applicants;\n- (ii) a company for which an applicant who is an individual is or was a director; and\n- (d) if the applicant, or any of the applicants, is a company, that none of the following has been issued with a permit in the 6 years preceding the application— (i) the applicant, or any of the applicants; (ii) an individual who is or was a director of the company; and\n- (i) the applicant, or any of the applicants;\n- (ii) an individual who is or was a director of the company; and\n- (e) if the applicant, or any of the applicants, is an individual, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— (i) the applicant, or any of the applicants; (ii) a company for which an applicant who is an individual is or was a director; and\n- (i) the applicant, or any of the applicants;\n- (ii) a company for which an applicant who is an individual is or was a director; and\n- (f) if the applicant, or any of the applicants, is a company, that none of the following has had an owner-builder permit cancelled in the 3 years preceding the application— (i) the applicant, or any of the applicants; (ii) an individual who is or was a director of the company; and\n- (i) the applicant, or any of the applicants;\n- (ii) an individual who is or was a director of the company; and\n- (g) none of the applicants is a banned individual; and\n- (h) if an applicant is a company, that none of the directors of the company is a banned individual; and\n- (i) each applicant is a fit and proper person to hold a permit.\n- (i) the applicant, or any of the applicants;\n- (ii) a company for which an applicant who is an individual is or was a director; and\n- (i) the applicant, or any of the applicants;\n- (ii) an individual who is or was a director of the company; and\n- (i) the applicant, or any of the applicants;\n- (ii) a company for which an applicant who is an individual is or was a director; and\n- (i) the applicant, or any of the applicants;\n- (ii) an individual who is or was a director of the company; and\n- (a) tier 1 defective work carried out by the following persons, whether or not the person received a notice under section 67AH , 67AI , 67AL or 67AM stating a term of ban for the work— (i) the applicant; (ii) if the applicant is a company, a director of the applicant; and\n- (i) the applicant;\n- (ii) if the applicant is a company, a director of the applicant; and\n- (b) if the applicant, or a director of the applicant, is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the applicant or director has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order.\n- (i) the applicant;\n- (ii) if the applicant is a company, a director of the applicant; and\n- (a) the applicant or director has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or\n- (b) 28 days have not elapsed since the date of the enforcement order.\n- (a) a regulation prescribes exceptional circumstances in which the commission may grant an application even though a previous permit has been issued in the 6 years preceding the application; and\n- (b) the commission considers the applicant is able to show the exceptional circumstances.","sortOrder":129},{"sectionNumber":"sec.44C","sectionType":"section","heading":"When permit becomes effective","content":"### sec.44C When permit becomes effective\n\nA permit has effect on the day stated in the permit.\ns 44C ins 2007 No. 47 s 18","sortOrder":130},{"sectionNumber":"sec.44D","sectionType":"section","heading":"Term of permit","content":"### sec.44D Term of permit\n\nA permit ends 6 years after its issue or on the earlier date stated in the permit.\ns 44D ins 2007 No. 47 s 18","sortOrder":131},{"sectionNumber":"sec.44E","sectionType":"section","heading":"Conditions of permit","content":"### sec.44E Conditions of permit\n\nA permit is subject to the following conditions—\nthe permittee must comply with this Act;\nthe permittee may only carry out the building work as stated in the permit;\nif the permittee engages persons to carry out building work, the persons must be licensed contractors for the work;\nthe permittee must not personally carry out building work for which an occupational licence is required;\nthe permittee must not personally carry out fire protection work if the value of the work is more than the amount prescribed by regulation, or if no amount is prescribed, more than $1,100;\nthe permittee must not personally carry out mechanical services work if the value of the work is more than the amount prescribed by regulation, or if no amount is prescribed, more than $1,100;\nother reasonable conditions—\nthe commission considers appropriate to give effect to this Act; and\nstated in the permit.\ns 44E ins 2007 No. 47 s 18\namd 2013 No. 38 s 14 sch 1 ; 2018 No. 17 s 188\n- (a) the permittee must comply with this Act;\n- (b) the permittee may only carry out the building work as stated in the permit;\n- (c) if the permittee engages persons to carry out building work, the persons must be licensed contractors for the work;\n- (d) the permittee must not personally carry out building work for which an occupational licence is required;\n- (e) the permittee must not personally carry out fire protection work if the value of the work is more than the amount prescribed by regulation, or if no amount is prescribed, more than $1,100;\n- (ea) the permittee must not personally carry out mechanical services work if the value of the work is more than the amount prescribed by regulation, or if no amount is prescribed, more than $1,100;\n- (f) other reasonable conditions— (i) the commission considers appropriate to give effect to this Act; and (ii) stated in the permit.\n- (i) the commission considers appropriate to give effect to this Act; and\n- (ii) stated in the permit.\n- (i) the commission considers appropriate to give effect to this Act; and\n- (ii) stated in the permit.","sortOrder":132},{"sectionNumber":"sec.44F","sectionType":"section","heading":"Form of permit","content":"### sec.44F Form of permit\n\nA permit is to be in the form decided by the commission and must state the following particulars—\nthe permittee’s name;\nthe location of the land on which the owner-builder work is to be carried out;\nthe real property description of the land;\na description of the owner-builder work to be carried out on the land;\nthe date of issue of the permit;\nthe term of the permit;\nthe permit number;\nthe conditions of the permit.\ns 44F ins 2007 No. 47 s 18\namd 2013 No. 38 s 14 sch 1\n- (a) the permittee’s name;\n- (b) the location of the land on which the owner-builder work is to be carried out;\n- (c) the real property description of the land;\n- (d) a description of the owner-builder work to be carried out on the land;\n- (e) the date of issue of the permit;\n- (f) the term of the permit;\n- (g) the permit number;\n- (h) the conditions of the permit.","sortOrder":133},{"sectionNumber":"sec.44G","sectionType":"section","heading":"Cancellation or suspension of permit","content":"### sec.44G Cancellation or suspension of permit\n\nThe commission may suspend or cancel a permit if—\nthe permit was obtained on the basis of incorrect information supplied to the commission, whether or not fraud was intended; or\nthe permit was obtained by fraud or other improper means; or\nthe permittee carries out tier 1 defective work on the land the subject of the permit; or\nthe permittee contravenes a condition to which the permit is subject; or\nthe commission becomes aware of the existence of facts that would have allowed the commission to refuse to issue the permit originally.\ns 44G ins 2007 No. 47 s 18\namd 2013 No. 38 s 14 sch 1\n- (a) the permit was obtained on the basis of incorrect information supplied to the commission, whether or not fraud was intended; or\n- (b) the permit was obtained by fraud or other improper means; or\n- (c) the permittee carries out tier 1 defective work on the land the subject of the permit; or\n- (d) the permittee contravenes a condition to which the permit is subject; or\n- (e) the commission becomes aware of the existence of facts that would have allowed the commission to refuse to issue the permit originally.","sortOrder":134},{"sectionNumber":"sec.44H","sectionType":"section","heading":"Procedure for cancellation or suspension","content":"### sec.44H Procedure for cancellation or suspension\n\nThe commission must, before cancelling or suspending a permit, give the permittee notice of its reasons for the proposed cancellation or suspension and allow the permittee 21 days from service of the notice to make written representations on the matter.\nThe commission must consider any written representations made within the time allowed under subsection (1) before imposing the cancellation or suspension.\nA cancellation or suspension is imposed by written notice to the permittee.\nThe notice of cancellation or suspension must comply with the QCAT Act , section 157 (2) .\ns 44H ins 2007 No. 47 s 18\namd 2009 No. 24 s 1670 ; 2013 No. 38 s 14 sch 1\n(sec.44H-ssec.1) The commission must, before cancelling or suspending a permit, give the permittee notice of its reasons for the proposed cancellation or suspension and allow the permittee 21 days from service of the notice to make written representations on the matter.\n(sec.44H-ssec.2) The commission must consider any written representations made within the time allowed under subsection (1) before imposing the cancellation or suspension.\n(sec.44H-ssec.3) A cancellation or suspension is imposed by written notice to the permittee.\n(sec.44H-ssec.4) The notice of cancellation or suspension must comply with the QCAT Act , section 157 (2) .","sortOrder":135},{"sectionNumber":"sec.44I","sectionType":"section","heading":"Permit issued to more than 1 person","content":"### sec.44I Permit issued to more than 1 person\n\nIf a permit is issued jointly to more than 1 person, a reference in this part to the permittee is a reference to each of the persons.\ns 44I ins 2007 No. 47 s 18","sortOrder":136},{"sectionNumber":"sec.44J","sectionType":"section","heading":"Surrender of permit","content":"### sec.44J Surrender of permit\n\nA permittee may surrender the permit by written notice given to the commission.\nThe permit must accompany the notice.\nThe surrender takes effect on the later of the following—\nthe day the notice is given;\nthe day specified in the notice.\ns 44J ins 2007 No. 47 s 18\namd 2013 No. 38 s 14 sch 1\n(sec.44J-ssec.1) A permittee may surrender the permit by written notice given to the commission.\n(sec.44J-ssec.2) The permit must accompany the notice.\n(sec.44J-ssec.3) The surrender takes effect on the later of the following— the day the notice is given; the day specified in the notice.\n- (a) the day the notice is given;\n- (b) the day specified in the notice.","sortOrder":137},{"sectionNumber":"sec.45","sectionType":"section","heading":"Replacement of permits","content":"### sec.45 Replacement of permits\n\nA permittee may apply to the commission for the replacement of a permit if it has been lost, stolen, destroyed or damaged.\nThe commission must consider the application and either grant, or refuse to grant, the application.\nThe commission must grant the application if the commission is satisfied the permit has been lost, stolen or destroyed, or damaged in a way to require its replacement.\nIf the commission grants the application, the commission must, on payment of the reasonable cost of replacing the permit, issue another permit to the applicant to replace the lost, stolen, destroyed or damaged permit.\ns 45 prev s 45 om 1994 No. 20 s 16\npres s 45 ins 2007 No. 47 s 18\namd 2013 No. 38 s 14 sch 1\n(sec.45-ssec.1) A permittee may apply to the commission for the replacement of a permit if it has been lost, stolen, destroyed or damaged.\n(sec.45-ssec.2) The commission must consider the application and either grant, or refuse to grant, the application.\n(sec.45-ssec.3) The commission must grant the application if the commission is satisfied the permit has been lost, stolen or destroyed, or damaged in a way to require its replacement.\n(sec.45-ssec.4) If the commission grants the application, the commission must, on payment of the reasonable cost of replacing the permit, issue another permit to the applicant to replace the lost, stolen, destroyed or damaged permit.","sortOrder":138},{"sectionNumber":"sec.46","sectionType":"section","heading":"Notification of permit in register","content":"### sec.46 Notification of permit in register\n\nIf a permit is issued under this division, the commission must notify the registrar of titles of the granting of the permit.\nIf the commission becomes aware that building work has been carried out, and that a permit should have been, but was not, obtained under this division for carrying out the building work, the commission must notify the registrar of titles of the carrying out of the building work without a permit.\nOn receiving a notification under this section, the registrar of titles must enter the notification in the register and it may not be removed except under this section.\nAt the end of 7 years from entry of a notification, the registrar of titles may remove it from the register.\nIn this section—\nregister means—\nfor freehold land—the freehold land register; or\nfor other land—the relevant register for the land.\ns 46 amd 1994 No. 11 s 194 sch 2 ; 1999 No. 43 s 22 ; 2007 No. 47 s 19 ; 2013 No. 38 s 14 sch 1 ; 2019 No. 7 s 313 sch 1\n(sec.46-ssec.1) If a permit is issued under this division, the commission must notify the registrar of titles of the granting of the permit.\n(sec.46-ssec.2) If the commission becomes aware that building work has been carried out, and that a permit should have been, but was not, obtained under this division for carrying out the building work, the commission must notify the registrar of titles of the carrying out of the building work without a permit.\n(sec.46-ssec.3) On receiving a notification under this section, the registrar of titles must enter the notification in the register and it may not be removed except under this section.\n(sec.46-ssec.4) At the end of 7 years from entry of a notification, the registrar of titles may remove it from the register.\n(sec.46-ssec.5) In this section— register means— for freehold land—the freehold land register; or for other land—the relevant register for the land.\n- (a) for freehold land—the freehold land register; or\n- (b) for other land—the relevant register for the land.","sortOrder":139},{"sectionNumber":"sec.47","sectionType":"section","heading":"Warnings","content":"### sec.47 Warnings\n\nIf—\nbuilding work is carried out on land by a person who is not licensed to carry out that building work; and\nthe land is offered for sale within 6 years after completion of the building work;\nthe vendor must, before the contract of sale is signed by the purchaser, give the prospective purchaser a notice containing details of the building work and a warning in the form required by regulation.\nIf a notice is not given as required by this section, the vendor will be taken to have given the purchaser a contractual warranty (which operates to the exclusion of any inconsistent provision of the contract of sale) that the building work was properly carried out.\ns 47 amd 1994 No. 20 s 3 sch\n(sec.47-ssec.1) If— building work is carried out on land by a person who is not licensed to carry out that building work; and the land is offered for sale within 6 years after completion of the building work; the vendor must, before the contract of sale is signed by the purchaser, give the prospective purchaser a notice containing details of the building work and a warning in the form required by regulation.\n(sec.47-ssec.2) If a notice is not given as required by this section, the vendor will be taken to have given the purchaser a contractual warranty (which operates to the exclusion of any inconsistent provision of the contract of sale) that the building work was properly carried out.\n- (a) building work is carried out on land by a person who is not licensed to carry out that building work; and\n- (b) the land is offered for sale within 6 years after completion of the building work;","sortOrder":140},{"sectionNumber":"pt.3-div.9","sectionType":"division","heading":"Cancellation, suspension or surrender of licence","content":"## Cancellation, suspension or surrender of licence","sortOrder":141},{"sectionNumber":"sec.48","sectionType":"section","heading":"Cancellation or suspension of licence","content":"### sec.48 Cancellation or suspension of licence\n\nThe commission may suspend or cancel a licence if—\nthe licence was obtained on the basis of incorrect information supplied to the commission, whether or not fraud was intended; or\nthe licence was obtained by fraud or other improper means; or\nthe licensee is convicted of an indictable offence or an offence that, if committed in Queensland, would be an indictable offence; or\nthe licensee is a company and it ceases, for a period exceeding 28 days, to have a nominee holding a licence authorising supervision of building work of the appropriate class or classes; or\nthe licensee is convicted of—\nan offence against this Act or the Building Act 1975 ; or\nan offence against a relevant Act in relation to building work carried out under the licence; or\nthe licensee contravened a condition to which the licence is subject under section 35 or that is imposed under section 36 on the licensee’s licence; or\nbuilding or other work on a building site under the licensee’s control, or carried out under the licence, may have—\ncaused the death of, or grievous bodily harm to, a person; or\ninvolved a serious risk to the health or safety of a person; or\nthe licensee owes an amount to the commission and fails to comply with a demand by the commission to discharge the debt; or\nthe licensee fails to comply with a written request by the commission under this Act; or\nthe commission becomes aware of the existence of facts that, having regard to section 31 (1) (a) or (2) (a) , or 32(1)(g), or 32AA(1)(e), or 32AB(1)(d)—\nwould allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or\nwould have allowed the commission to refuse to issue the licence originally.\nAlso, the commission may suspend or cancel a licence if the licensee holds or has held an interstate or New Zealand licence and the commission is satisfied the interstate or New Zealand licence has been suspended or cancelled.\nIn this section—\ngrievous bodily harm see the Criminal Code , section 1 .\nrelevant Act means—\nthe Plumbing and Drainage Act 2018 ; or\nthe Work Health and Safety Act 2011 ; or\nthe Electrical Safety Act 2002 ; or\nthe Public Health Act 2005 ; or\nanother Act prescribed by regulation.\ns 48 amd 1994 No. 20 s 17 ; 1999 No. 43 s 23 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2003 No. 1 s 19 ; 2007 No. 47 s 20 ; 2013 No. 38 s 14 sch 1 ; 2017 No. 29 s 9 ; 2018 No. 17 s 197 sch 2 ; 2020 No. 24 ss 116 , 136 ; 2024 No. 14 s 67\n(sec.48-ssec.1) The commission may suspend or cancel a licence if— the licence was obtained on the basis of incorrect information supplied to the commission, whether or not fraud was intended; or the licence was obtained by fraud or other improper means; or the licensee is convicted of an indictable offence or an offence that, if committed in Queensland, would be an indictable offence; or the licensee is a company and it ceases, for a period exceeding 28 days, to have a nominee holding a licence authorising supervision of building work of the appropriate class or classes; or the licensee is convicted of— an offence against this Act or the Building Act 1975 ; or an offence against a relevant Act in relation to building work carried out under the licence; or the licensee contravened a condition to which the licence is subject under section 35 or that is imposed under section 36 on the licensee’s licence; or building or other work on a building site under the licensee’s control, or carried out under the licence, may have— caused the death of, or grievous bodily harm to, a person; or involved a serious risk to the health or safety of a person; or the licensee owes an amount to the commission and fails to comply with a demand by the commission to discharge the debt; or the licensee fails to comply with a written request by the commission under this Act; or the commission becomes aware of the existence of facts that, having regard to section 31 (1) (a) or (2) (a) , or 32(1)(g), or 32AA(1)(e), or 32AB(1)(d)— would allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or would have allowed the commission to refuse to issue the licence originally.\n(sec.48-ssec.2) Also, the commission may suspend or cancel a licence if the licensee holds or has held an interstate or New Zealand licence and the commission is satisfied the interstate or New Zealand licence has been suspended or cancelled.\n(sec.48-ssec.3) In this section— grievous bodily harm see the Criminal Code , section 1 . relevant Act means— the Plumbing and Drainage Act 2018 ; or the Work Health and Safety Act 2011 ; or the Electrical Safety Act 2002 ; or the Public Health Act 2005 ; or another Act prescribed by regulation.\n- (a) the licence was obtained on the basis of incorrect information supplied to the commission, whether or not fraud was intended; or\n- (b) the licence was obtained by fraud or other improper means; or\n- (c) the licensee is convicted of an indictable offence or an offence that, if committed in Queensland, would be an indictable offence; or\n- (d) the licensee is a company and it ceases, for a period exceeding 28 days, to have a nominee holding a licence authorising supervision of building work of the appropriate class or classes; or\n- (e) the licensee is convicted of— (i) an offence against this Act or the Building Act 1975 ; or (ii) an offence against a relevant Act in relation to building work carried out under the licence; or\n- (i) an offence against this Act or the Building Act 1975 ; or\n- (ii) an offence against a relevant Act in relation to building work carried out under the licence; or\n- (f) the licensee contravened a condition to which the licence is subject under section 35 or that is imposed under section 36 on the licensee’s licence; or\n- (g) building or other work on a building site under the licensee’s control, or carried out under the licence, may have— (i) caused the death of, or grievous bodily harm to, a person; or (ii) involved a serious risk to the health or safety of a person; or\n- (i) caused the death of, or grievous bodily harm to, a person; or\n- (ii) involved a serious risk to the health or safety of a person; or\n- (h) the licensee owes an amount to the commission and fails to comply with a demand by the commission to discharge the debt; or\n- (i) the licensee fails to comply with a written request by the commission under this Act; or\n- (j) the commission becomes aware of the existence of facts that, having regard to section 31 (1) (a) or (2) (a) , or 32(1)(g), or 32AA(1)(e), or 32AB(1)(d)— (i) would allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or (ii) would have allowed the commission to refuse to issue the licence originally.\n- (i) would allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or\n- (ii) would have allowed the commission to refuse to issue the licence originally.\n- (i) an offence against this Act or the Building Act 1975 ; or\n- (ii) an offence against a relevant Act in relation to building work carried out under the licence; or\n- (i) caused the death of, or grievous bodily harm to, a person; or\n- (ii) involved a serious risk to the health or safety of a person; or\n- (i) would allow the commission to refuse to issue the licence if it were now being applied for by the licensee; or\n- (ii) would have allowed the commission to refuse to issue the licence originally.\n- (a) the Plumbing and Drainage Act 2018 ; or\n- (b) the Work Health and Safety Act 2011 ; or\n- (c) the Electrical Safety Act 2002 ; or\n- (d) the Public Health Act 2005 ; or\n- (e) another Act prescribed by regulation.","sortOrder":142},{"sectionNumber":"sec.49","sectionType":"section","heading":"Procedure for cancellation or suspension","content":"### sec.49 Procedure for cancellation or suspension\n\nThe commission must, before cancelling or suspending a licence, give the licensee notice of its reasons for the proposed cancellation or suspension and allow the licensee 21 days from service of the notice to make written representations on the matter.\nThe commission must consider any written representations made within the time allowed under subsection (1) before imposing the cancellation or suspension.\nA cancellation or suspension is imposed by written notice to the licensee.\nThe notice of cancellation or suspension must comply with the QCAT Act , section 157 (2) .\ns 49 amd 2009 No. 24 s 1671 ; 2013 No. 38 s 14 sch 1\n(sec.49-ssec.1) The commission must, before cancelling or suspending a licence, give the licensee notice of its reasons for the proposed cancellation or suspension and allow the licensee 21 days from service of the notice to make written representations on the matter.\n(sec.49-ssec.2) The commission must consider any written representations made within the time allowed under subsection (1) before imposing the cancellation or suspension.\n(sec.49-ssec.3) A cancellation or suspension is imposed by written notice to the licensee.\n(sec.49-ssec.4) The notice of cancellation or suspension must comply with the QCAT Act , section 157 (2) .","sortOrder":143},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Immediate suspension of licence","content":"### sec.49A Immediate suspension of licence\n\nThe commission may suspend a licensee’s licence without allowing the licensee time to make written representations before the suspension takes effect if the commission reasonably believes there is a real likelihood that a person will suffer serious financial loss or other serious harm if the licence is not immediately suspended.\nThe suspension under subsection (1) is imposed by written notice given to the licensee that complies with the QCAT Act , section 157 (2) and—\nstates that licensee may make written representations for a lifting of the suspension; and\nbriefly explains how the suspension could lapse under subsection (3) .\nThe suspension under subsection (1) lapses if—\nthe commission does not, within 10 days after the licensee is given notice of the suspension, give the licensee notice under section 49 (1) of the commission’s reasons for a proposed cancellation or suspension of the licence under section 48 (a section 49 notice ); or\nthe commission, within 10 days after the licensee is given notice of the suspension, gives the licensee a section 49 notice, but the licence is not suspended or cancelled under section 48 within 3 months, or a longer period decided under subsections (4) and (5) , after the section 49 notice is given; or\nthe commission suspends or cancels the licence under section 48 .\nThe commission may extend the period of 3 months mentioned in subsection (3) (b) , but only if it appears to the commission that, in the circumstances, it is in the interests of the licensee to do so.\nThe period may be extended more than once, but whenever it is extended, it must not be extended for more than 1 month.\ns 49A ins 1994 No. 20 s 18\nsub 1999 No. 43 s 24\namd 2009 No. 24 s 1672 ; 2013 No. 38 s 14 sch 1 ; 2017 No. 29 s 34 sch 1 ; 2022 No. 11 s 61\n(sec.49A-ssec.1) The commission may suspend a licensee’s licence without allowing the licensee time to make written representations before the suspension takes effect if the commission reasonably believes there is a real likelihood that a person will suffer serious financial loss or other serious harm if the licence is not immediately suspended.\n(sec.49A-ssec.2) The suspension under subsection (1) is imposed by written notice given to the licensee that complies with the QCAT Act , section 157 (2) and— states that licensee may make written representations for a lifting of the suspension; and briefly explains how the suspension could lapse under subsection (3) .\n(sec.49A-ssec.3) The suspension under subsection (1) lapses if— the commission does not, within 10 days after the licensee is given notice of the suspension, give the licensee notice under section 49 (1) of the commission’s reasons for a proposed cancellation or suspension of the licence under section 48 (a section 49 notice ); or the commission, within 10 days after the licensee is given notice of the suspension, gives the licensee a section 49 notice, but the licence is not suspended or cancelled under section 48 within 3 months, or a longer period decided under subsections (4) and (5) , after the section 49 notice is given; or the commission suspends or cancels the licence under section 48 .\n(sec.49A-ssec.4) The commission may extend the period of 3 months mentioned in subsection (3) (b) , but only if it appears to the commission that, in the circumstances, it is in the interests of the licensee to do so.\n(sec.49A-ssec.5) The period may be extended more than once, but whenever it is extended, it must not be extended for more than 1 month.\n- (a) states that licensee may make written representations for a lifting of the suspension; and\n- (b) briefly explains how the suspension could lapse under subsection (3) .\n- (a) the commission does not, within 10 days after the licensee is given notice of the suspension, give the licensee notice under section 49 (1) of the commission’s reasons for a proposed cancellation or suspension of the licence under section 48 (a section 49 notice ); or\n- (b) the commission, within 10 days after the licensee is given notice of the suspension, gives the licensee a section 49 notice, but the licence is not suspended or cancelled under section 48 within 3 months, or a longer period decided under subsections (4) and (5) , after the section 49 notice is given; or\n- (c) the commission suspends or cancels the licence under section 48 .","sortOrder":144},{"sectionNumber":"sec.49B","sectionType":"section","heading":"Suspension or cancellation for failure to comply with tribunal’s orders and directions","content":"### sec.49B Suspension or cancellation for failure to comply with tribunal’s orders and directions\n\nThe tribunal may, in a proceeding to which a licensee is a party, order that the licensee’s licence be suspended or cancelled if the licensee fails to comply with an order or direction of the tribunal within the time allowed by the tribunal.\nBefore ordering that a licence be suspended or cancelled, the tribunal must give the licensee a reasonable opportunity to show cause why it should not be cancelled or suspended.\nAn order under this section operates, of its own force, to suspend or cancel the licence if the licensee fails to comply with the tribunal’s order or direction within the time allowed by the tribunal.\ns 49B ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 21 ; 2014 No. 57 s 13\n(sec.49B-ssec.1) The tribunal may, in a proceeding to which a licensee is a party, order that the licensee’s licence be suspended or cancelled if the licensee fails to comply with an order or direction of the tribunal within the time allowed by the tribunal.\n(sec.49B-ssec.2) Before ordering that a licence be suspended or cancelled, the tribunal must give the licensee a reasonable opportunity to show cause why it should not be cancelled or suspended.\n(sec.49B-ssec.3) An order under this section operates, of its own force, to suspend or cancel the licence if the licensee fails to comply with the tribunal’s order or direction within the time allowed by the tribunal.","sortOrder":145},{"sectionNumber":"sec.50","sectionType":"section","heading":"Surrender of licence","content":"### sec.50 Surrender of licence\n\nA licensee may, with the consent of the commission, surrender the licence.\nIf a licence authorises the licensee to carry out more than 1 specified class of building work, subsection (1) applies to the licence as if there were a separate licence for each specified class.\ns 50 amd 2013 No. 38 s 14 sch 1 ; 2024 No. 14 s 68\n(sec.50-ssec.1) A licensee may, with the consent of the commission, surrender the licence.\n(sec.50-ssec.2) If a licence authorises the licensee to carry out more than 1 specified class of building work, subsection (1) applies to the licence as if there were a separate licence for each specified class.","sortOrder":146},{"sectionNumber":"pt.3-div.9A","sectionType":"division","heading":"Monitoring continued satisfaction of minimum financial requirements and particular laws","content":"## Monitoring continued satisfaction of minimum financial requirements and particular laws","sortOrder":147},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Approved audit program","content":"### sec.50A Approved audit program\n\nThe commissioner may approve a program (an approved audit program ) under which the commission may audit licensees for one of the following purposes—\nto find out if they continue to satisfy the minimum financial requirements;\nto find out if they have been complying with part 4A , part 5 or schedule 1B ;\nto find out if they have been complying with the Building Act 1975 , chapter 8 .\nAn approved audit program must state the following—\nthe purpose of the program;\nwhen the program starts;\nthe period over which the program is to be carried out;\nobjective criteria for selecting licensees who are to be the subject of audit;\nif the licensees to be audited are to be selected from licensees holding licences of a particular class, a description of the class.\nIn this section—\nlicensee includes a pool safety inspector under the Building Act 1975 .\ns 50A ins 1999 No. 43 s 25\namd 2003 No. 1 s 21 ; 2007 No. 47 s 22 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 14 ; 2017 No. 43 s 266 ; 2020 No. 24 s 127\n(sec.50A-ssec.1) The commissioner may approve a program (an approved audit program ) under which the commission may audit licensees for one of the following purposes— to find out if they continue to satisfy the minimum financial requirements; to find out if they have been complying with part 4A , part 5 or schedule 1B ; to find out if they have been complying with the Building Act 1975 , chapter 8 .\n(sec.50A-ssec.2) An approved audit program must state the following— the purpose of the program; when the program starts; the period over which the program is to be carried out; objective criteria for selecting licensees who are to be the subject of audit; if the licensees to be audited are to be selected from licensees holding licences of a particular class, a description of the class.\n(sec.50A-ssec.3) In this section— licensee includes a pool safety inspector under the Building Act 1975 .\n- (a) to find out if they continue to satisfy the minimum financial requirements;\n- (b) to find out if they have been complying with part 4A , part 5 or schedule 1B ;\n- (c) to find out if they have been complying with the Building Act 1975 , chapter 8 .\n- (a) the purpose of the program;\n- (b) when the program starts;\n- (c) the period over which the program is to be carried out;\n- (d) objective criteria for selecting licensees who are to be the subject of audit;\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.","sortOrder":148},{"sectionNumber":"sec.50B","sectionType":"section","heading":null,"content":"### Section sec.50B\n\ns 50B ins 1999 No. 43 s 25\namd 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 15","sortOrder":149},{"sectionNumber":"sec.50C","sectionType":"section","heading":"Supply of financial records and other documents under approved audit program or for other reason","content":"### sec.50C Supply of financial records and other documents under approved audit program or for other reason\n\nThis section applies to a licensee if—\nthe licensee is selected to be audited under an approved audit program; or\nthe commission is satisfied, because of information received by the commission, there are reasonable grounds for concern that—\nthe licensee does not satisfy the relevant minimum financial requirements; or\nthe licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .\nThe commission may give a written notice to the licensee requiring the licensee to give the commission copies of, or access to—\nthe financial records described in the notice; or\nthe documents described in the notice that relate to the licensee’s obligations under the provision of an Act mentioned in section 50A (1) .\nThe written notice may describe only—\nthe financial records of the licensee the commission reasonably requires for deciding whether the licensee satisfies the relevant minimum financial requirements; or\nthe documents the commission reasonably requires for deciding whether the licensee is, or has been, complying with the provision of an Act mentioned in section 50A (1) .\nThe licensee must comply with the written notice within 21 days after the licensee receives the written notice, unless the licensee has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is not a reasonable excuse to fail to comply with the written notice that complying with the notice might tend to incriminate the person.\nAlso, if the licensee does not comply with the written notice within 21 days after the licensee receives it, the licensee is taken, for section 48 (1) (f) , to have contravened a condition imposed under section 36 on the licensee’s licence.\nIn this section—\nlicensee includes a pool safety inspector under the Building Act 1975 .\ns 50C ins 1999 No. 43 s 25\namd 2003 No. 1 s 22 ; 2007 No. 47 s 23 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 16 ; 2017 No. 29 s 34 sch 1 ; 2017 No. 43 s 267 ; 2020 No. 24 s 137\n(sec.50C-ssec.1) This section applies to a licensee if— the licensee is selected to be audited under an approved audit program; or the commission is satisfied, because of information received by the commission, there are reasonable grounds for concern that— the licensee does not satisfy the relevant minimum financial requirements; or the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .\n(sec.50C-ssec.2) The commission may give a written notice to the licensee requiring the licensee to give the commission copies of, or access to— the financial records described in the notice; or the documents described in the notice that relate to the licensee’s obligations under the provision of an Act mentioned in section 50A (1) .\n(sec.50C-ssec.3) The written notice may describe only— the financial records of the licensee the commission reasonably requires for deciding whether the licensee satisfies the relevant minimum financial requirements; or the documents the commission reasonably requires for deciding whether the licensee is, or has been, complying with the provision of an Act mentioned in section 50A (1) .\n(sec.50C-ssec.4) The licensee must comply with the written notice within 21 days after the licensee receives the written notice, unless the licensee has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.50C-ssec.4A) It is not a reasonable excuse to fail to comply with the written notice that complying with the notice might tend to incriminate the person.\n(sec.50C-ssec.5) Also, if the licensee does not comply with the written notice within 21 days after the licensee receives it, the licensee is taken, for section 48 (1) (f) , to have contravened a condition imposed under section 36 on the licensee’s licence.\n(sec.50C-ssec.6) In this section— licensee includes a pool safety inspector under the Building Act 1975 .\n- (a) the licensee is selected to be audited under an approved audit program; or\n- (b) the commission is satisfied, because of information received by the commission, there are reasonable grounds for concern that— (i) the licensee does not satisfy the relevant minimum financial requirements; or (ii) the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .\n- (i) the licensee does not satisfy the relevant minimum financial requirements; or\n- (ii) the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .\n- (i) the licensee does not satisfy the relevant minimum financial requirements; or\n- (ii) the licensee is not, or has not been, complying with the provision of an Act mentioned in section 50A (1) .\n- (a) the financial records described in the notice; or\n- (b) the documents described in the notice that relate to the licensee’s obligations under the provision of an Act mentioned in section 50A (1) .\n- (a) the financial records of the licensee the commission reasonably requires for deciding whether the licensee satisfies the relevant minimum financial requirements; or\n- (b) the documents the commission reasonably requires for deciding whether the licensee is, or has been, complying with the provision of an Act mentioned in section 50A (1) .","sortOrder":150},{"sectionNumber":"pt.3-div.9B","sectionType":"division","heading":"Qualified accountants","content":"## Qualified accountants","sortOrder":151},{"sectionNumber":"sec.50CA","sectionType":"section","heading":"Who is a qualified accountant","content":"### sec.50CA Who is a qualified accountant\n\nA person is a qualified accountant in relation to another person if—\nthe person is an accountant who is independent of the other person; and\nan exclusion notice is not in effect in relation to the person.\nWithout limiting subsection (1) (a) , an accountant is not independent of the other person if the accountant is any of the following in relation to the other person, or a related entity of the other person—\nan employee;\nif the other person is a corporation—an executive officer of, or investor or shareholder in, the corporation;\nif the other person carries on business in partnership—a partner in the partnership.\nIn this section—\nrelated entity see the Building Industry Fairness (Security of Payment) Act 2017 , section 10A .\ns 50CA ins 2020 No. 24 s 117\namd 2020 No. 24 s 128\n(sec.50CA-ssec.1) A person is a qualified accountant in relation to another person if— the person is an accountant who is independent of the other person; and an exclusion notice is not in effect in relation to the person.\n(sec.50CA-ssec.2) Without limiting subsection (1) (a) , an accountant is not independent of the other person if the accountant is any of the following in relation to the other person, or a related entity of the other person— an employee; if the other person is a corporation—an executive officer of, or investor or shareholder in, the corporation; if the other person carries on business in partnership—a partner in the partnership.\n(sec.50CA-ssec.3) In this section— related entity see the Building Industry Fairness (Security of Payment) Act 2017 , section 10A .\n- (a) the person is an accountant who is independent of the other person; and\n- (b) an exclusion notice is not in effect in relation to the person.\n- (a) an employee;\n- (b) if the other person is a corporation—an executive officer of, or investor or shareholder in, the corporation;\n- (c) if the other person carries on business in partnership—a partner in the partnership.","sortOrder":152},{"sectionNumber":"sec.50CB","sectionType":"section","heading":"Commission may give exclusion notice","content":"### sec.50CB Commission may give exclusion notice\n\nThe commission may give a person who is an accountant an exclusion notice .\nThe exclusion notice—\nmust state the grounds for giving the notice; and\nmay state requirements, aimed at providing the person with the skills and knowledge necessary to comply with the minimum financial requirements, that, if not met, may be grounds for giving the person another exclusion notice.\nThe exclusion notice has effect for a period of 3 years starting on the day the notice is given to the person or a later day stated in the notice.\ns 50CB ins 2020 No. 24 s 117\n(sec.50CB-ssec.1) The commission may give a person who is an accountant an exclusion notice .\n(sec.50CB-ssec.2) The exclusion notice— must state the grounds for giving the notice; and may state requirements, aimed at providing the person with the skills and knowledge necessary to comply with the minimum financial requirements, that, if not met, may be grounds for giving the person another exclusion notice.\n(sec.50CB-ssec.3) The exclusion notice has effect for a period of 3 years starting on the day the notice is given to the person or a later day stated in the notice.\n- (a) must state the grounds for giving the notice; and\n- (b) may state requirements, aimed at providing the person with the skills and knowledge necessary to comply with the minimum financial requirements, that, if not met, may be grounds for giving the person another exclusion notice.","sortOrder":153},{"sectionNumber":"sec.50CC","sectionType":"section","heading":"Grounds for giving exclusion notice","content":"### sec.50CC Grounds for giving exclusion notice\n\nEach of the following is a ground for the giving of an exclusion notice to a person—\nthe person has, within 3 years before the exclusion notice is given to the person, given information that the person knew to be false or misleading to a licensed contractor, or to the commission, in relation to a licensed contractor’s satisfaction of the minimum financial requirements;\nthe person has, within 3 years before the exclusion notice is given to the person, failed to comply with the minimum financial requirements in relation to information required to be given to the commission under those requirements;\nif the person has previously been given an exclusion notice—the person has not complied with a requirement stated in the notice under section 50CB (2) (b) .\ns 50CC ins 2020 No. 24 s 117\n- (a) the person has, within 3 years before the exclusion notice is given to the person, given information that the person knew to be false or misleading to a licensed contractor, or to the commission, in relation to a licensed contractor’s satisfaction of the minimum financial requirements;\n- (b) the person has, within 3 years before the exclusion notice is given to the person, failed to comply with the minimum financial requirements in relation to information required to be given to the commission under those requirements;\n- (c) if the person has previously been given an exclusion notice—the person has not complied with a requirement stated in the notice under section 50CB (2) (b) .","sortOrder":154},{"sectionNumber":"sec.50CD","sectionType":"section","heading":"Steps before giving exclusion notice","content":"### sec.50CD Steps before giving exclusion notice\n\nBefore giving a person an exclusion notice, the commission must give the person a written notice (a show cause notice ) stating—\nthat the commission proposes to give the person an exclusion notice; and\nthe grounds for giving the exclusion notice; and\nan outline of the facts and circumstances forming the basis for the grounds; and\nthat the person may, within a stated reasonable period of at least 14 days after the show cause notice is given, make written representations about why the exclusion notice should not be given.\nThe commission must consider all written representations made by the person within the period stated in the show cause notice under subsection (1) (d) .\nIf, after considering any written representations, the commission no longer believes the grounds for giving an exclusion notice exist, the commission—\nmust not take further action about the show cause notice; and\nmust, as soon as practicable, give written notice to the person that no further action is to be taken in relation to the show cause notice.\nIf, after considering any written representations, the commission believes a ground exists for giving the exclusion notice, the commission may give the notice under section 50CB .\ns 50CD ins 2020 No. 24 s 117\n(sec.50CD-ssec.1) Before giving a person an exclusion notice, the commission must give the person a written notice (a show cause notice ) stating— that the commission proposes to give the person an exclusion notice; and the grounds for giving the exclusion notice; and an outline of the facts and circumstances forming the basis for the grounds; and that the person may, within a stated reasonable period of at least 14 days after the show cause notice is given, make written representations about why the exclusion notice should not be given.\n(sec.50CD-ssec.2) The commission must consider all written representations made by the person within the period stated in the show cause notice under subsection (1) (d) .\n(sec.50CD-ssec.3) If, after considering any written representations, the commission no longer believes the grounds for giving an exclusion notice exist, the commission— must not take further action about the show cause notice; and must, as soon as practicable, give written notice to the person that no further action is to be taken in relation to the show cause notice.\n(sec.50CD-ssec.4) If, after considering any written representations, the commission believes a ground exists for giving the exclusion notice, the commission may give the notice under section 50CB .\n- (a) that the commission proposes to give the person an exclusion notice; and\n- (b) the grounds for giving the exclusion notice; and\n- (c) an outline of the facts and circumstances forming the basis for the grounds; and\n- (d) that the person may, within a stated reasonable period of at least 14 days after the show cause notice is given, make written representations about why the exclusion notice should not be given.\n- (a) must not take further action about the show cause notice; and\n- (b) must, as soon as practicable, give written notice to the person that no further action is to be taken in relation to the show cause notice.","sortOrder":155},{"sectionNumber":"sec.50CE","sectionType":"section","heading":"Commission may give particular information to professional bodies","content":"### sec.50CE Commission may give particular information to professional bodies\n\nThis section applies if the commission reasonably suspects conduct forming a ground on which an exclusion notice is given to a person is a breach of a professional standard or condition applying to the person.\nThe commission may inform a professional body for accountants of the conduct, and give the body any documents necessary to investigate the conduct.\ns 50CE ins 2020 No. 24 s 117\n(sec.50CE-ssec.1) This section applies if the commission reasonably suspects conduct forming a ground on which an exclusion notice is given to a person is a breach of a professional standard or condition applying to the person.\n(sec.50CE-ssec.2) The commission may inform a professional body for accountants of the conduct, and give the body any documents necessary to investigate the conduct.","sortOrder":156},{"sectionNumber":"sec.50CF","sectionType":"section","heading":"Publication of relevant details","content":"### sec.50CF Publication of relevant details\n\nThe commission may publish on the commission’s website the following details for an individual to whom an exclusion notice has been given—\nthe individual’s full name and business address;\nif the individual is or has been known by another name—all other names the individual is or has been known by;\nthat an exclusion notice has been given to the person;\nthe period the exclusion notice has effect.\nHowever—\nif the individual’s business address is the same as the individual’s residential address, the business address must not be published; and\nthe commission must remove the individual’s details from the website as soon as practicable after the exclusion notice stops having effect.\ns 50CF ins 2020 No. 24 s 117\n(sec.50CF-ssec.1) The commission may publish on the commission’s website the following details for an individual to whom an exclusion notice has been given— the individual’s full name and business address; if the individual is or has been known by another name—all other names the individual is or has been known by; that an exclusion notice has been given to the person; the period the exclusion notice has effect.\n(sec.50CF-ssec.2) However— if the individual’s business address is the same as the individual’s residential address, the business address must not be published; and the commission must remove the individual’s details from the website as soon as practicable after the exclusion notice stops having effect.\n- (a) the individual’s full name and business address;\n- (b) if the individual is or has been known by another name—all other names the individual is or has been known by;\n- (c) that an exclusion notice has been given to the person;\n- (d) the period the exclusion notice has effect.\n- (a) if the individual’s business address is the same as the individual’s residential address, the business address must not be published; and\n- (b) the commission must remove the individual’s details from the website as soon as practicable after the exclusion notice stops having effect.","sortOrder":157},{"sectionNumber":"pt.3-div.10","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":158},{"sectionNumber":"sec.50D","sectionType":"section","heading":"Person must not pretend to be a licensee","content":"### sec.50D Person must not pretend to be a licensee\n\nA person must not pretend to be a licensee.\nMaximum penalty—250 penalty units.\nSubsection (1) does not apply if the person makes use of another licensee’s licence to pretend to be a licensee.\ns 50D ins 2007 No. 47 s 24\n(sec.50D-ssec.1) A person must not pretend to be a licensee. Maximum penalty—250 penalty units.\n(sec.50D-ssec.2) Subsection (1) does not apply if the person makes use of another licensee’s licence to pretend to be a licensee.","sortOrder":159},{"sectionNumber":"sec.51","sectionType":"section","heading":"Improper use of licence, licence certificate or licence number","content":"### sec.51 Improper use of licence, licence certificate or licence number\n\nA licensee must not allow another person to make use of the licensee’s licence if the licensee knows, or ought reasonably to know, that the other person intends to make use of the licence—\nif the other person is not also a licensee—to pretend to be a licensee; or\nif the other person is also a licensee—to pretend to be the holder of a licence authorising the doing of something the other person is not authorised to do.\nMaximum penalty—250 penalty units.\nA person who is not a licensee must not make use of a licensee’s licence to pretend to be a licensee.\nMaximum penalty—250 penalty units.\nA licensee (the first licensee ) must not make use of another licensee’s licence to pretend to be the holder of a licence authorising the doing of something the first licensee is not authorised to do.\nMaximum penalty—250 penalty units.\nIn this section—\nmake use of , a licensee’s licence, means make use of the number of the licensee’s licence, the licensee’s licence or licence certificate.\ns 51 sub 1999 No. 43 s 26\namd 2000 No. 20 s 29 sch 3\nsub 2007 No. 47 s 24\namd 2025 No. 28 s 23\n(sec.51-ssec.1) A licensee must not allow another person to make use of the licensee’s licence if the licensee knows, or ought reasonably to know, that the other person intends to make use of the licence— if the other person is not also a licensee—to pretend to be a licensee; or if the other person is also a licensee—to pretend to be the holder of a licence authorising the doing of something the other person is not authorised to do. Maximum penalty—250 penalty units.\n(sec.51-ssec.2) A person who is not a licensee must not make use of a licensee’s licence to pretend to be a licensee. Maximum penalty—250 penalty units.\n(sec.51-ssec.3) A licensee (the first licensee ) must not make use of another licensee’s licence to pretend to be the holder of a licence authorising the doing of something the first licensee is not authorised to do. Maximum penalty—250 penalty units.\n(sec.51-ssec.4) In this section— make use of , a licensee’s licence, means make use of the number of the licensee’s licence, the licensee’s licence or licence certificate.\n- (a) if the other person is not also a licensee—to pretend to be a licensee; or\n- (b) if the other person is also a licensee—to pretend to be the holder of a licence authorising the doing of something the other person is not authorised to do.","sortOrder":160},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Other offences relating to unlawful carrying out of building work","content":"### sec.51A Other offences relating to unlawful carrying out of building work\n\nA licensed contractor must not help another person to carry out building work if the licensed contractor knows, or ought reasonably to know, that in carrying out the building work the other person is committing an offence against section 42 .\nMaximum penalty—250 penalty units.\nA licensed contractor must not carry out, or undertake to carry out, building work using a name or number other than the licensed contractor’s name or number unless the contractor has a reasonable excuse.\nMaximum penalty—250 penalty units.\ns 51A ins 1999 No. 43 s 26\namd 2000 No. 20 s 29 sch 3 ; 2007 No. 47 s 25 ; 2025 No. 28 s 24\n(sec.51A-ssec.1) A licensed contractor must not help another person to carry out building work if the licensed contractor knows, or ought reasonably to know, that in carrying out the building work the other person is committing an offence against section 42 . Maximum penalty—250 penalty units.\n(sec.51A-ssec.2) A licensed contractor must not carry out, or undertake to carry out, building work using a name or number other than the licensed contractor’s name or number unless the contractor has a reasonable excuse. Maximum penalty—250 penalty units.","sortOrder":161},{"sectionNumber":"sec.51B","sectionType":"section","heading":"Licensed contractor must not contract with unlicensed person","content":"### sec.51B Licensed contractor must not contract with unlicensed person\n\nThis section applies to building work for which a person must hold a contractor’s licence under this Act.\nA person mentioned in schedule 1A is not required to hold a contractor’s licence in the circumstances stated in the schedule.\nA licensed contractor must not contract with a person for the person to carry out the building work unless the person holds a contractor’s licence of the appropriate class under this Act.\nMaximum penalty—\nfor a first offence—80 penalty units; and\nfor a second offence—120 penalty units; and\nfor a third or subsequent offence—160 penalty units.\nIn a proceeding taken against a licensed contractor for an offence against this section it is a defence for the contractor to prove the contractor took all reasonable action to ensure compliance with this section.\nSubsection (3) does not limit the application of the Criminal Code , section 23 or 24 .\ns 51B ins 2003 No. 1 s 23\namd 2007 No. 47 s 26 ; 2014 No. 57 s 17\n(sec.51B-ssec.1) This section applies to building work for which a person must hold a contractor’s licence under this Act. A person mentioned in schedule 1A is not required to hold a contractor’s licence in the circumstances stated in the schedule.\n(sec.51B-ssec.2) A licensed contractor must not contract with a person for the person to carry out the building work unless the person holds a contractor’s licence of the appropriate class under this Act. Maximum penalty— for a first offence—80 penalty units; and for a second offence—120 penalty units; and for a third or subsequent offence—160 penalty units.\n(sec.51B-ssec.3) In a proceeding taken against a licensed contractor for an offence against this section it is a defence for the contractor to prove the contractor took all reasonable action to ensure compliance with this section.\n(sec.51B-ssec.4) Subsection (3) does not limit the application of the Criminal Code , section 23 or 24 .\n- (a) for a first offence—80 penalty units; and\n- (b) for a second offence—120 penalty units; and\n- (c) for a third or subsequent offence—160 penalty units.","sortOrder":162},{"sectionNumber":"sec.52","sectionType":"section","heading":"Signs to be exhibited","content":"### sec.52 Signs to be exhibited\n\nA licensed contractor (not being a subcontractor) must exhibit at a prominent position on a building site under the contractor’s control a sign conforming with the regulations showing the name under which the contractor is licensed under this Act and the number of the contractor’s licence.\nMaximum penalty—20 penalty units.\nA person who carries out building work under an owner-builder permit must exhibit at a prominent position on a building site under that person’s control a sign conforming with the regulations showing the number of the permit.\nMaximum penalty—20 penalty units.\n(sec.52-ssec.1) A licensed contractor (not being a subcontractor) must exhibit at a prominent position on a building site under the contractor’s control a sign conforming with the regulations showing the name under which the contractor is licensed under this Act and the number of the contractor’s licence. Maximum penalty—20 penalty units.\n(sec.52-ssec.2) A person who carries out building work under an owner-builder permit must exhibit at a prominent position on a building site under that person’s control a sign conforming with the regulations showing the number of the permit. Maximum penalty—20 penalty units.","sortOrder":163},{"sectionNumber":"sec.53","sectionType":"section","heading":"Return of licence card or licence certificate","content":"### sec.53 Return of licence card or licence certificate\n\nA licensee whose licence is suspended or cancelled must, within 14 days of receiving notice of the suspension or cancellation of the licence, return the following documents to the commission—\nif the commission issued a licence card to the licensee—the licence card;\nif the commission issued a licence certificate to the licensee—the licence certificate.\nA licensee must, within 14 days of receiving notice of the imposition, variation or revocation of a condition of the licensee’s licence, return the following documents to the commission for endorsement—\nif the commission issued a licence card to the licensee—the licence card;\nif the commission issued a licence certificate to the licensee—the licence certificate.\nA person who has surrendered the person’s licence must, within 14 days after receiving notice of the commission’s consent to the surrender, return the following documents to the commission—\nif the commission issued a licence card to the person—the licence card;\nif the commission issued a licence certificate to the person—the licence certificate.\nA person must comply with a requirement under subsection (1) , (2) or (3) , unless the person has a reasonable excuse.\nMaximum penalty—80 penalty units.\ns 53 amd 2013 No. 38 s 14 sch 1 ; 2024 No. 14 s 69\nsub 2025 No. 28 s 25\n(sec.53-ssec.1) A licensee whose licence is suspended or cancelled must, within 14 days of receiving notice of the suspension or cancellation of the licence, return the following documents to the commission— if the commission issued a licence card to the licensee—the licence card; if the commission issued a licence certificate to the licensee—the licence certificate.\n(sec.53-ssec.2) A licensee must, within 14 days of receiving notice of the imposition, variation or revocation of a condition of the licensee’s licence, return the following documents to the commission for endorsement— if the commission issued a licence card to the licensee—the licence card; if the commission issued a licence certificate to the licensee—the licence certificate.\n(sec.53-ssec.3) A person who has surrendered the person’s licence must, within 14 days after receiving notice of the commission’s consent to the surrender, return the following documents to the commission— if the commission issued a licence card to the person—the licence card; if the commission issued a licence certificate to the person—the licence certificate.\n(sec.53-ssec.4) A person must comply with a requirement under subsection (1) , (2) or (3) , unless the person has a reasonable excuse. Maximum penalty—80 penalty units.\n- (a) if the commission issued a licence card to the licensee—the licence card;\n- (b) if the commission issued a licence certificate to the licensee—the licence certificate.\n- (a) if the commission issued a licence card to the licensee—the licence card;\n- (b) if the commission issued a licence certificate to the licensee—the licence certificate.\n- (a) if the commission issued a licence card to the person—the licence card;\n- (b) if the commission issued a licence certificate to the person—the licence certificate.","sortOrder":164},{"sectionNumber":"sec.53A","sectionType":"section","heading":"Satisfying minimum financial requirements at renewal","content":"### sec.53A Satisfying minimum financial requirements at renewal\n\nThe commission must not renew a contractor’s licence if the commission is not given the information required under the minimum financial requirements, within the time allowed under those requirements, about the contractor’s continued satisfaction of the relevant minimum financial requirements.\ns 53A ins 1999 No. 43 s 27\namd 2013 No. 38 s 14 sch 1 ; 2017 No. 43 s 268 ; 2020 No. 24 s 118","sortOrder":165},{"sectionNumber":"sec.53B","sectionType":"section","heading":"False or misleading information about minimum financial requirements","content":"### sec.53B False or misleading information about minimum financial requirements\n\nA person must not give information to the commission about a contractor’s satisfaction of minimum financial requirements if—\nthe person knows the information is false or misleading; or\nthe information is false or misleading and the person did not take reasonable steps to make sure that the information was not false or misleading.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nA licensee commits an offence if—\nthe licensee gives another person, other than the commission, MFR information in relation to the licensee for the purpose of the other person giving information to the commission; and\nwhen the MFR information is given, the licensee knows the information is false or misleading; and\nthe MFR information is given to the commission by the other person in compliance or purported compliance with a requirement under this Act.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsections (1) (a) and (2) do not apply to a person if, when giving the information to the commission or other person (each a recipient ), the person—\ninforms the recipient, to the best of the person’s ability, how the information is false or misleading; and\ngives the correct information to the recipient if the person has, or can reasonably obtain, the correct information.\nIn this section—\nMFR information , in relation to a licensee, means information relating to the licensee’s satisfaction of minimum financial requirements.\ns 53B ins 1999 No. 43 s 27\namd 2007 No. 47 s 27 ; 2013 No. 38 s 14 sch 1 ; 2017 No. 43 s 269 ; 2020 No. 24 s 138\n(sec.53B-ssec.1) A person must not give information to the commission about a contractor’s satisfaction of minimum financial requirements if— the person knows the information is false or misleading; or the information is false or misleading and the person did not take reasonable steps to make sure that the information was not false or misleading. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.53B-ssec.2) A licensee commits an offence if— the licensee gives another person, other than the commission, MFR information in relation to the licensee for the purpose of the other person giving information to the commission; and when the MFR information is given, the licensee knows the information is false or misleading; and the MFR information is given to the commission by the other person in compliance or purported compliance with a requirement under this Act. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.53B-ssec.3) Subsections (1) (a) and (2) do not apply to a person if, when giving the information to the commission or other person (each a recipient ), the person— informs the recipient, to the best of the person’s ability, how the information is false or misleading; and gives the correct information to the recipient if the person has, or can reasonably obtain, the correct information.\n(sec.53B-ssec.4) In this section— MFR information , in relation to a licensee, means information relating to the licensee’s satisfaction of minimum financial requirements.\n- (a) the person knows the information is false or misleading; or\n- (b) the information is false or misleading and the person did not take reasonable steps to make sure that the information was not false or misleading.\n- (a) the licensee gives another person, other than the commission, MFR information in relation to the licensee for the purpose of the other person giving information to the commission; and\n- (b) when the MFR information is given, the licensee knows the information is false or misleading; and\n- (c) the MFR information is given to the commission by the other person in compliance or purported compliance with a requirement under this Act.\n- (a) informs the recipient, to the best of the person’s ability, how the information is false or misleading; and\n- (b) gives the correct information to the recipient if the person has, or can reasonably obtain, the correct information.","sortOrder":166},{"sectionNumber":"sec.53C","sectionType":"section","heading":"Advertising by unlicensed person","content":"### sec.53C Advertising by unlicensed person\n\nA person who does not hold a contractor’s licence must not publish an advertisement that the person is available to carry out building work unless the advertisement complies with this section.\nThe advertisement must state the value of the work the person is entitled to carry out without a licence.\nMaximum penalty—100 penalty units.\nA regulation may prescribe the following for an advertisement under this section—\nthe way the advertisement is to be presented;\nthe words to be included in the advertisement.\nIn this section—\nbuilding work includes building work of any value, despite any regulation excluding building work of a stated value from the definition building work for this Act.\ns 53C ins 2007 No. 47 s 28\n(sec.53C-ssec.1) A person who does not hold a contractor’s licence must not publish an advertisement that the person is available to carry out building work unless the advertisement complies with this section.\n(sec.53C-ssec.2) The advertisement must state the value of the work the person is entitled to carry out without a licence. Maximum penalty—100 penalty units.\n(sec.53C-ssec.3) A regulation may prescribe the following for an advertisement under this section— the way the advertisement is to be presented; the words to be included in the advertisement.\n(sec.53C-ssec.4) In this section— building work includes building work of any value, despite any regulation excluding building work of a stated value from the definition building work for this Act.\n- (a) the way the advertisement is to be presented;\n- (b) the words to be included in the advertisement.","sortOrder":167},{"sectionNumber":"sec.54","sectionType":"section","heading":"Advertisements","content":"### sec.54 Advertisements\n\nA licensee who publishes or causes to be published any advertisement in connection with the licensee’s business must ensure that the advertisement—\ncontains the name under which the licensee is licensed; and\nstates that the licensee is licensed under this Act and the number of the licensee’s licence; and\ndoes not include any false or misleading information; and\nstating that particular work may only be lawfully carried out by a licensee if it would be lawful for an unlicensed person to carry out the work\nstating that particular work must be carried out by a particular date to comply with a law if no such deadline exists under the law\ndoes not omit any information, if the omission of the information causes the advertisement to be misleading; and\nconforms with any other requirements imposed by regulation.\nMaximum penalty—35 penalty units.\ns 54 amd 2017 No. 43 s 270\n- (a) contains the name under which the licensee is licensed; and\n- (b) states that the licensee is licensed under this Act and the number of the licensee’s licence; and\n- (ba) does not include any false or misleading information; and Examples— • stating that particular work may only be lawfully carried out by a licensee if it would be lawful for an unlicensed person to carry out the work • stating that particular work must be carried out by a particular date to comply with a law if no such deadline exists under the law\n- • stating that particular work may only be lawfully carried out by a licensee if it would be lawful for an unlicensed person to carry out the work\n- • stating that particular work must be carried out by a particular date to comply with a law if no such deadline exists under the law\n- (bb) does not omit any information, if the omission of the information causes the advertisement to be misleading; and\n- (c) conforms with any other requirements imposed by regulation.\n- • stating that particular work may only be lawfully carried out by a licensee if it would be lawful for an unlicensed person to carry out the work\n- • stating that particular work must be carried out by a particular date to comply with a law if no such deadline exists under the law","sortOrder":168},{"sectionNumber":"sec.54A","sectionType":"section","heading":"Notification of particular safety matters","content":"### sec.54A Notification of particular safety matters\n\nThis section applies if a licensee becomes aware of either of the following (each a safety matter )—\na notifiable incident has occurred on a building site under the licensee’s control or on which the licensee is carrying out building work;\na person carrying out building or other work on a building site under the licensee’s control, or on which the licensee is carrying out building work, has contravened or is contravening—\na notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or\na notice or injunction under the Electrical Safety Act 2002 , part 11A .\nHowever, this section does not apply in relation to a safety matter mentioned in subsection (1) (a) if—\nthe notifiable incident is a dangerous electrical event or serious electrical incident and the licensee is a person conducting a business or undertaking within the meaning of the Electrical Safety Act 2002 , section 21 ; or\nthe notifiable incident is a notifiable incident within the meaning of the Work Health and Safety Act 2011 , section 35 and the licensee is a person conducting a business or undertaking within the meaning of section 5 of that Act.\nThe licensee must give notice of the safety matter under this section to—\nfor a safety matter mentioned in subsection (1) (a) —the regulator established under the Work Health and Safety Act 2011 (the relevant entity ); or\nfor a safety matter mentioned in subsection (1) (b) —the commission (also the relevant entity ).\nMaximum penalty—100 penalty units.\nThe notice must be given in the fastest way possible in the circumstances—\nby telephone; or\nin writing.\nThe written notice can be given by facsimile, email or other electronic means.\nA person giving notice by telephone must—\ngive the details of the safety matter requested by the relevant entity; and\nif required by the relevant entity, give a written notice of the safety matter within 48 hours of that requirement being made.\nA written notice must be in a form, or contain the details, approved by the relevant entity.\nIf the relevant entity receives a notice by telephone and a written notice is not required, the relevant entity must give the person—\ndetails of the information received; or\nan acknowledgement of receiving the notice.\nIn this section—\ndangerous electrical event see the Electrical Safety Act 2002 , section 12 .\nserious electrical incident see the Electrical Safety Act 2002 , section 11 .\ns 54A ins 2017 No. 29 s 10\namd 2025 No. 28 s 26\n(sec.54A-ssec.1) This section applies if a licensee becomes aware of either of the following (each a safety matter )— a notifiable incident has occurred on a building site under the licensee’s control or on which the licensee is carrying out building work; a person carrying out building or other work on a building site under the licensee’s control, or on which the licensee is carrying out building work, has contravened or is contravening— a notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or a notice or injunction under the Electrical Safety Act 2002 , part 11A .\n(sec.54A-ssec.2) However, this section does not apply in relation to a safety matter mentioned in subsection (1) (a) if— the notifiable incident is a dangerous electrical event or serious electrical incident and the licensee is a person conducting a business or undertaking within the meaning of the Electrical Safety Act 2002 , section 21 ; or the notifiable incident is a notifiable incident within the meaning of the Work Health and Safety Act 2011 , section 35 and the licensee is a person conducting a business or undertaking within the meaning of section 5 of that Act.\n(sec.54A-ssec.3) The licensee must give notice of the safety matter under this section to— for a safety matter mentioned in subsection (1) (a) —the regulator established under the Work Health and Safety Act 2011 (the relevant entity ); or for a safety matter mentioned in subsection (1) (b) —the commission (also the relevant entity ). Maximum penalty—100 penalty units.\n(sec.54A-ssec.4) The notice must be given in the fastest way possible in the circumstances— by telephone; or in writing. The written notice can be given by facsimile, email or other electronic means.\n(sec.54A-ssec.5) A person giving notice by telephone must— give the details of the safety matter requested by the relevant entity; and if required by the relevant entity, give a written notice of the safety matter within 48 hours of that requirement being made.\n(sec.54A-ssec.6) A written notice must be in a form, or contain the details, approved by the relevant entity.\n(sec.54A-ssec.7) If the relevant entity receives a notice by telephone and a written notice is not required, the relevant entity must give the person— details of the information received; or an acknowledgement of receiving the notice.\n(sec.54A-ssec.8) In this section— dangerous electrical event see the Electrical Safety Act 2002 , section 12 . serious electrical incident see the Electrical Safety Act 2002 , section 11 .\n- (a) a notifiable incident has occurred on a building site under the licensee’s control or on which the licensee is carrying out building work;\n- (b) a person carrying out building or other work on a building site under the licensee’s control, or on which the licensee is carrying out building work, has contravened or is contravening— (i) a notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or (ii) a notice or injunction under the Electrical Safety Act 2002 , part 11A .\n- (i) a notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or\n- (ii) a notice or injunction under the Electrical Safety Act 2002 , part 11A .\n- (i) a notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or\n- (ii) a notice or injunction under the Electrical Safety Act 2002 , part 11A .\n- (a) the notifiable incident is a dangerous electrical event or serious electrical incident and the licensee is a person conducting a business or undertaking within the meaning of the Electrical Safety Act 2002 , section 21 ; or\n- (b) the notifiable incident is a notifiable incident within the meaning of the Work Health and Safety Act 2011 , section 35 and the licensee is a person conducting a business or undertaking within the meaning of section 5 of that Act.\n- (a) for a safety matter mentioned in subsection (1) (a) —the regulator established under the Work Health and Safety Act 2011 (the relevant entity ); or\n- (b) for a safety matter mentioned in subsection (1) (b) —the commission (also the relevant entity ).\n- (a) by telephone; or\n- (b) in writing. Example— The written notice can be given by facsimile, email or other electronic means.\n- (a) give the details of the safety matter requested by the relevant entity; and\n- (b) if required by the relevant entity, give a written notice of the safety matter within 48 hours of that requirement being made.\n- (a) details of the information received; or\n- (b) an acknowledgement of receiving the notice.","sortOrder":169},{"sectionNumber":"sec.55","sectionType":"section","heading":"Notification of company’s nominee","content":"### sec.55 Notification of company’s nominee\n\nIf a company that holds a licence—\nceases to have a nominee; or\nchanges its nominee;\nthe company must, within 14 days, give notice containing the information required by regulation to the commission.\nMaximum penalty—20 penalty units.\ns 55 amd 2003 No. 1 s 24 ; 2013 No. 38 s 14 sch 1\n- (a) ceases to have a nominee; or\n- (b) changes its nominee;","sortOrder":170},{"sectionNumber":"sec.56","sectionType":"section","heading":"Partnerships","content":"### sec.56 Partnerships\n\nA licensed contractor may carry on business under the licence in partnership with an unlicensed person subject to the following conditions—\nno contract to carry out building work may be entered into, and no offer or tender to carry out building work may be made, on behalf of the partnership except by the licensed contractor;\nany such contract offer or tender must be signed by the licensed contractor and have endorsed on it the names of the other members of the partnership;\nany advertisement published in relation to the business carried on, or to be carried on, under the licence must state the name under which the licensed contractor is licensed and conform with any requirements imposed by regulation;\nthe unlicensed person must not be—\nan excluded individual; or\na permanently excluded individual; or\na convicted company officer; or\na banned individual; or\na disqualified individual; or\nan excluded company; or\na company for which a permanently excluded individual is a director, secretary, influential person or nominee; or\na company for which a convicted company officer is a director, secretary, influential person or nominee; or\na company for which a banned individual is a director, secretary, influential person or nominee; or\na company for which a disqualified individual is a director, secretary, influential person or nominee.\nIf a condition imposed by subsection (1) is contravened, each member of the partnership commits an offence.\nMaximum penalty—\nfor subsection (1) (a) to (c) —80 penalty units; or\nfor subsection (1) (d) —200 penalty units.\ns 56 amd 1992 No. 36 s 2 sch 1 ; 2003 No. 1 s 25 ; 2007 No. 47 s 29\n(sec.56-ssec.1) A licensed contractor may carry on business under the licence in partnership with an unlicensed person subject to the following conditions— no contract to carry out building work may be entered into, and no offer or tender to carry out building work may be made, on behalf of the partnership except by the licensed contractor; any such contract offer or tender must be signed by the licensed contractor and have endorsed on it the names of the other members of the partnership; any advertisement published in relation to the business carried on, or to be carried on, under the licence must state the name under which the licensed contractor is licensed and conform with any requirements imposed by regulation; the unlicensed person must not be— an excluded individual; or a permanently excluded individual; or a convicted company officer; or a banned individual; or a disqualified individual; or an excluded company; or a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or a company for which a convicted company officer is a director, secretary, influential person or nominee; or a company for which a banned individual is a director, secretary, influential person or nominee; or a company for which a disqualified individual is a director, secretary, influential person or nominee.\n(sec.56-ssec.2) If a condition imposed by subsection (1) is contravened, each member of the partnership commits an offence. Maximum penalty— for subsection (1) (a) to (c) —80 penalty units; or for subsection (1) (d) —200 penalty units.\n- (a) no contract to carry out building work may be entered into, and no offer or tender to carry out building work may be made, on behalf of the partnership except by the licensed contractor;\n- (b) any such contract offer or tender must be signed by the licensed contractor and have endorsed on it the names of the other members of the partnership;\n- (c) any advertisement published in relation to the business carried on, or to be carried on, under the licence must state the name under which the licensed contractor is licensed and conform with any requirements imposed by regulation;\n- (d) the unlicensed person must not be— (i) an excluded individual; or (ii) a permanently excluded individual; or (iii) a convicted company officer; or (iv) a banned individual; or (v) a disqualified individual; or (vi) an excluded company; or (vii) a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or (viii) a company for which a convicted company officer is a director, secretary, influential person or nominee; or (ix) a company for which a banned individual is a director, secretary, influential person or nominee; or (x) a company for which a disqualified individual is a director, secretary, influential person or nominee.\n- (i) an excluded individual; or\n- (ii) a permanently excluded individual; or\n- (iii) a convicted company officer; or\n- (iv) a banned individual; or\n- (v) a disqualified individual; or\n- (vi) an excluded company; or\n- (vii) a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or\n- (viii) a company for which a convicted company officer is a director, secretary, influential person or nominee; or\n- (ix) a company for which a banned individual is a director, secretary, influential person or nominee; or\n- (x) a company for which a disqualified individual is a director, secretary, influential person or nominee.\n- (i) an excluded individual; or\n- (ii) a permanently excluded individual; or\n- (iii) a convicted company officer; or\n- (iv) a banned individual; or\n- (v) a disqualified individual; or\n- (vi) an excluded company; or\n- (vii) a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or\n- (viii) a company for which a convicted company officer is a director, secretary, influential person or nominee; or\n- (ix) a company for which a banned individual is a director, secretary, influential person or nominee; or\n- (x) a company for which a disqualified individual is a director, secretary, influential person or nominee.\n- (a) for subsection (1) (a) to (c) —80 penalty units; or\n- (b) for subsection (1) (d) —200 penalty units.","sortOrder":171},{"sectionNumber":"sec.56A","sectionType":"section","heading":null,"content":"### Section sec.56A\n\ns 56A orig s 56A ins 1994 No. 20 s 19\nom 2000 No. 9 s 104 sch 1\nprev s 56A ins 2007 No. 47 s 30\namd 2013 No. 38 s 14 sch 1\nom 2025 No. 28 s 27","sortOrder":172},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Excluded individuals and excluded companies","content":"# Excluded individuals and excluded companies","sortOrder":173},{"sectionNumber":"pt.3A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":174},{"sectionNumber":"sec.56AA","sectionType":"section","heading":null,"content":"### Section sec.56AA\n\ns 56AA ins 1999 No. 43 s 28\nom 2003 No. 1 s 26","sortOrder":175},{"sectionNumber":"sec.56AB","sectionType":"section","heading":"Operation of pt 3A","content":"### sec.56AB Operation of pt 3A\n\nThis part has effect despite anything in part 3 , but does not apply to—\na fire protection occupational licence; or\na mechanical services occupational licence.\ns 56AB ins 1999 No. 43 s 28\namd 2007 No. 47 s 31 ; 2018 No. 17 s 189 ; 2020 No. 24 s 139\n- (a) a fire protection occupational licence; or\n- (b) a mechanical services occupational licence.","sortOrder":176},{"sectionNumber":"sec.56AC","sectionType":"section","heading":"Excluded individuals and excluded companies","content":"### sec.56AC Excluded individuals and excluded companies\n\nThis section applies to an individual if—\nthe individual takes advantage of the laws of bankruptcy or becomes bankrupt ( relevant bankruptcy event ); and\n3 years have not elapsed since the relevant bankruptcy event happened.\nThis section also applies to an individual if—\na construction company, for the benefit of a creditor—\nhas a provisional liquidator, liquidator, administrator or controller appointed; or\nis wound up, or is ordered to be wound up; and\n3 years have not elapsed since the event mentioned in paragraph (a) (i) or (ii) ( relevant company event ) happened; and\nthe individual—\nwas, when the relevant company event happened, a director or secretary of, or an influential person for, the construction company; or\nwas, within the period of 2 years immediately before the relevant company event happened, a director or secretary of, or an influential person for, the construction company.\nIf this section applies to an individual because of subsection (1) , the individual is an excluded individual for the relevant bankruptcy event.\nIf this section applies to an individual because of subsection (2) , the individual is an excluded individual for the relevant company event unless the individual can satisfy the commissioner that at the time the individual ceased to be an influential person, director or secretary for the construction company the company was solvent.\nAn excluded individual for a relevant event does not also become an excluded individual for another relevant event if the commission is satisfied that both events are consequences flowing from what is, in substance, the one set of circumstances.\nA company is an excluded company if an individual who is a director or secretary of, or an influential person for, the construction company is an excluded individual for a relevant event.\nIn this section—\nconstruction company —\nmeans a company that directly or indirectly carries out building work or building work services in this or another State; and\nincludes a company that, within 2 years immediately before a relevant company event for the company, directly or indirectly carries out building work or building work services in this or another State.\ns 56AC ins 1999 No. 43 s 28\namd 2014 No. 56 s 60 ; 2014 No. 57 s 19 ; 2017 No. 43 s 273\n(sec.56AC-ssec.1) This section applies to an individual if— the individual takes advantage of the laws of bankruptcy or becomes bankrupt ( relevant bankruptcy event ); and 3 years have not elapsed since the relevant bankruptcy event happened.\n(sec.56AC-ssec.2) This section also applies to an individual if— a construction company, for the benefit of a creditor— has a provisional liquidator, liquidator, administrator or controller appointed; or is wound up, or is ordered to be wound up; and 3 years have not elapsed since the event mentioned in paragraph (a) (i) or (ii) ( relevant company event ) happened; and the individual— was, when the relevant company event happened, a director or secretary of, or an influential person for, the construction company; or was, within the period of 2 years immediately before the relevant company event happened, a director or secretary of, or an influential person for, the construction company.\n(sec.56AC-ssec.3) If this section applies to an individual because of subsection (1) , the individual is an excluded individual for the relevant bankruptcy event.\n(sec.56AC-ssec.4) If this section applies to an individual because of subsection (2) , the individual is an excluded individual for the relevant company event unless the individual can satisfy the commissioner that at the time the individual ceased to be an influential person, director or secretary for the construction company the company was solvent.\n(sec.56AC-ssec.5) An excluded individual for a relevant event does not also become an excluded individual for another relevant event if the commission is satisfied that both events are consequences flowing from what is, in substance, the one set of circumstances.\n(sec.56AC-ssec.6) A company is an excluded company if an individual who is a director or secretary of, or an influential person for, the construction company is an excluded individual for a relevant event.\n(sec.56AC-ssec.7) In this section— construction company — means a company that directly or indirectly carries out building work or building work services in this or another State; and includes a company that, within 2 years immediately before a relevant company event for the company, directly or indirectly carries out building work or building work services in this or another State.\n- (a) the individual takes advantage of the laws of bankruptcy or becomes bankrupt ( relevant bankruptcy event ); and\n- (b) 3 years have not elapsed since the relevant bankruptcy event happened.\n- (a) a construction company, for the benefit of a creditor— (i) has a provisional liquidator, liquidator, administrator or controller appointed; or (ii) is wound up, or is ordered to be wound up; and\n- (i) has a provisional liquidator, liquidator, administrator or controller appointed; or\n- (ii) is wound up, or is ordered to be wound up; and\n- (b) 3 years have not elapsed since the event mentioned in paragraph (a) (i) or (ii) ( relevant company event ) happened; and\n- (c) the individual— (i) was, when the relevant company event happened, a director or secretary of, or an influential person for, the construction company; or (ii) was, within the period of 2 years immediately before the relevant company event happened, a director or secretary of, or an influential person for, the construction company.\n- (i) was, when the relevant company event happened, a director or secretary of, or an influential person for, the construction company; or\n- (ii) was, within the period of 2 years immediately before the relevant company event happened, a director or secretary of, or an influential person for, the construction company.\n- (i) has a provisional liquidator, liquidator, administrator or controller appointed; or\n- (ii) is wound up, or is ordered to be wound up; and\n- (i) was, when the relevant company event happened, a director or secretary of, or an influential person for, the construction company; or\n- (ii) was, within the period of 2 years immediately before the relevant company event happened, a director or secretary of, or an influential person for, the construction company.\n- (a) means a company that directly or indirectly carries out building work or building work services in this or another State; and\n- (b) includes a company that, within 2 years immediately before a relevant company event for the company, directly or indirectly carries out building work or building work services in this or another State.","sortOrder":177},{"sectionNumber":"pt.3A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":178},{"sectionNumber":"sec.56AD","sectionType":"section","heading":null,"content":"### Section sec.56AD\n\ns 56AD ins 1999 No. 43 s 28\namd 2003 No. 1 s 27 ; 2003 No. 30 s 169 sch 1 ; 2007 No. 47 s 32 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 56 s 61\nom 2014 No. 57 s 20","sortOrder":179},{"sectionNumber":"pt.3A-div.3","sectionType":"division","heading":"Licence exclusion and cancellation","content":"## Licence exclusion and cancellation","sortOrder":180},{"sectionNumber":"sec.56AE","sectionType":"section","heading":"Exclusion from licence","content":"### sec.56AE Exclusion from licence\n\nThe commission must not grant a person a licence if the person is—\nan excluded individual for a relevant event; or\nan excluded company.\ns 56AE ins 1999 No. 43 s 28\namd 2003 No. 1 s 28 ; 2013 No. 38 s 14 sch 1\n- (a) an excluded individual for a relevant event; or\n- (b) an excluded company.","sortOrder":181},{"sectionNumber":"sec.56AF","sectionType":"section","heading":"Procedure if licensee is excluded individual","content":"### sec.56AF Procedure if licensee is excluded individual\n\nThis section applies if the commission considers that an individual who is a licensee is an excluded individual for a relevant event.\nThe commission must give the individual a written notice identifying the relevant event and stating the following—\nwhy the commission considers the individual is an excluded individual for the relevant event;\nthat the individual may make a submission to the commission about the relevant event within the reply period;\nthe circumstances, stated in subsection (3) , in which the commission must cancel the individual’s licence.\nThe commission must cancel the individual’s licence, by written notice given to the individual, if—\nafter considering any submission about the notice made by the individual within the reply period, the commission still considers the individual is an excluded individual for a relevant event; or\nthe individual does not make a submission about the notice within the reply period.\nSection 49 does not apply to a cancellation under subsection (3) .\nIn this section—\nreply period , for a written notice given under subsection (2) , means 28 days after the commission gives an individual the written notice.\ns 56AF ins 1999 No. 43 s 28\namd 2003 No. 1 s 29 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 21\n(sec.56AF-ssec.1) This section applies if the commission considers that an individual who is a licensee is an excluded individual for a relevant event.\n(sec.56AF-ssec.2) The commission must give the individual a written notice identifying the relevant event and stating the following— why the commission considers the individual is an excluded individual for the relevant event; that the individual may make a submission to the commission about the relevant event within the reply period; the circumstances, stated in subsection (3) , in which the commission must cancel the individual’s licence.\n(sec.56AF-ssec.3) The commission must cancel the individual’s licence, by written notice given to the individual, if— after considering any submission about the notice made by the individual within the reply period, the commission still considers the individual is an excluded individual for a relevant event; or the individual does not make a submission about the notice within the reply period.\n(sec.56AF-ssec.4) Section 49 does not apply to a cancellation under subsection (3) .\n(sec.56AF-ssec.5) In this section— reply period , for a written notice given under subsection (2) , means 28 days after the commission gives an individual the written notice.\n- (a) why the commission considers the individual is an excluded individual for the relevant event;\n- (b) that the individual may make a submission to the commission about the relevant event within the reply period;\n- (c) the circumstances, stated in subsection (3) , in which the commission must cancel the individual’s licence.\n- (a) after considering any submission about the notice made by the individual within the reply period, the commission still considers the individual is an excluded individual for a relevant event; or\n- (b) the individual does not make a submission about the notice within the reply period.","sortOrder":182},{"sectionNumber":"sec.56AG","sectionType":"section","heading":"Procedure if licensee is excluded company","content":"### sec.56AG Procedure if licensee is excluded company\n\nThis section applies if the commission considers that a company that is a licensee is an excluded company.\nThe commission must give the company a written notice stating the following—\nparticulars identifying the individual (the relevant individual ) who is a director or secretary of, or an influential person for, the company and who is an excluded individual for a relevant event;\nparticulars identifying the relevant event;\nwithin 28 days after the commission gives the company the written notice, the relevant individual must stop being a director, secretary or influential person;\nthe circumstances, stated in subsection (3) , in which the commission must cancel the company’s licence.\nThe commission must cancel the company’s licence by written notice given to the company if, within the 28 days mentioned in subsection (2) (c) , the relevant individual does not stop being a director or secretary of, or an influential person for, the company.\nSection 49 does not apply to a cancellation under subsection (3) .\ns 56AG ins 1999 No. 43 s 28\namd 2003 No. 1 s 30 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 22 ; 2020 No. 24 s 120\n(sec.56AG-ssec.1) This section applies if the commission considers that a company that is a licensee is an excluded company.\n(sec.56AG-ssec.2) The commission must give the company a written notice stating the following— particulars identifying the individual (the relevant individual ) who is a director or secretary of, or an influential person for, the company and who is an excluded individual for a relevant event; particulars identifying the relevant event; within 28 days after the commission gives the company the written notice, the relevant individual must stop being a director, secretary or influential person; the circumstances, stated in subsection (3) , in which the commission must cancel the company’s licence.\n(sec.56AG-ssec.3) The commission must cancel the company’s licence by written notice given to the company if, within the 28 days mentioned in subsection (2) (c) , the relevant individual does not stop being a director or secretary of, or an influential person for, the company.\n(sec.56AG-ssec.4) Section 49 does not apply to a cancellation under subsection (3) .\n- (a) particulars identifying the individual (the relevant individual ) who is a director or secretary of, or an influential person for, the company and who is an excluded individual for a relevant event;\n- (b) particulars identifying the relevant event;\n- (c) within 28 days after the commission gives the company the written notice, the relevant individual must stop being a director, secretary or influential person;\n- (d) the circumstances, stated in subsection (3) , in which the commission must cancel the company’s licence.","sortOrder":183},{"sectionNumber":"sec.56AH","sectionType":"section","heading":"Review by tribunal of commission’s opinion","content":"### sec.56AH Review by tribunal of commission’s opinion\n\nThis section applies if the commission considers under section 56AF or 56AG (the relevant section ) that a person is an excluded individual or excluded company, or that an individual is still a director or secretary of, or an influential person for, a company.\nIf a person applies for a review of the commission’s decision, the application for review does not affect anything already done or in force under the relevant section, but periods of time mentioned in the relevant section are taken to stop running until the review is finished.\ns 56AH ins 1999 No. 43 s 28\namd 2000 No. 10 s 183 sch 1 ; 2013 No. 38 s 14 sch 1\n(sec.56AH-ssec.1) This section applies if the commission considers under section 56AF or 56AG (the relevant section ) that a person is an excluded individual or excluded company, or that an individual is still a director or secretary of, or an influential person for, a company.\n(sec.56AH-ssec.2) If a person applies for a review of the commission’s decision, the application for review does not affect anything already done or in force under the relevant section, but periods of time mentioned in the relevant section are taken to stop running until the review is finished.","sortOrder":184},{"sectionNumber":"pt.3A-div.4","sectionType":"division","heading":"Publication of details of particular excluded individuals","content":"## Publication of details of particular excluded individuals","sortOrder":185},{"sectionNumber":"sec.56AI","sectionType":"section","heading":"Publication of relevant details about excluded individuals who are not licensees","content":"### sec.56AI Publication of relevant details about excluded individuals who are not licensees\n\nThe commission may publish the relevant details for an individual if—\nthe individual is not a licensee; and\nthe commission has decided under section 56AK to publish the details; and\nall periods for applying for a review of the decision, or appealing against a decision made on review, have ended; and\nany review or appeal mentioned in paragraph (c) is finally decided or is not proceeded with.\nThe relevant details for the individual are—\nthe individual’s full name and business address; and\nif the individual is or has been known by another name—all other names the individual is or has been known by; and\nthat the individual is an excluded individual for a stated relevant event; and\nthe date the 3-year period mentioned in section 56AC (1) (b) or (2) (b) ends; and\nany other particulars prescribed by regulation.\nThe individual’s relevant details may be published under subsection (1) on the commission’s website.\nDespite subsection (1) —\nif the individual’s business address is the same as the individual’s residential address, the only part of the address that may be published is the suburb or locality in which the individual’s business is located; and\nno details may be published about the individual after the day that is 10 years from the day the details were first published under this section.\ns 56AI ins 2020 No. 24 s 140\n(sec.56AI-ssec.1) The commission may publish the relevant details for an individual if— the individual is not a licensee; and the commission has decided under section 56AK to publish the details; and all periods for applying for a review of the decision, or appealing against a decision made on review, have ended; and any review or appeal mentioned in paragraph (c) is finally decided or is not proceeded with.\n(sec.56AI-ssec.2) The relevant details for the individual are— the individual’s full name and business address; and if the individual is or has been known by another name—all other names the individual is or has been known by; and that the individual is an excluded individual for a stated relevant event; and the date the 3-year period mentioned in section 56AC (1) (b) or (2) (b) ends; and any other particulars prescribed by regulation.\n(sec.56AI-ssec.3) The individual’s relevant details may be published under subsection (1) on the commission’s website.\n(sec.56AI-ssec.4) Despite subsection (1) — if the individual’s business address is the same as the individual’s residential address, the only part of the address that may be published is the suburb or locality in which the individual’s business is located; and no details may be published about the individual after the day that is 10 years from the day the details were first published under this section.\n- (a) the individual is not a licensee; and\n- (b) the commission has decided under section 56AK to publish the details; and\n- (c) all periods for applying for a review of the decision, or appealing against a decision made on review, have ended; and\n- (d) any review or appeal mentioned in paragraph (c) is finally decided or is not proceeded with.\n- (a) the individual’s full name and business address; and\n- (b) if the individual is or has been known by another name—all other names the individual is or has been known by; and\n- (c) that the individual is an excluded individual for a stated relevant event; and\n- (d) the date the 3-year period mentioned in section 56AC (1) (b) or (2) (b) ends; and\n- (e) any other particulars prescribed by regulation.\n- (a) if the individual’s business address is the same as the individual’s residential address, the only part of the address that may be published is the suburb or locality in which the individual’s business is located; and\n- (b) no details may be published about the individual after the day that is 10 years from the day the details were first published under this section.","sortOrder":186},{"sectionNumber":"sec.56AJ","sectionType":"section","heading":"Show cause notice","content":"### sec.56AJ Show cause notice\n\nThis section applies if the commission considers an individual who is not a licensee is an excluded individual for a relevant event.\nThe commission may give the individual a written notice (a show cause notice ) identifying the relevant event and stating the following—\nwhy the commission considers the individual is an excluded individual for the relevant event;\nthat, within 28 days after the commission gives the show cause notice, the individual may give the commission a written submission to show why the individual is not an excluded individual for the relevant event;\nthat the commission may publish the individual’s relevant details if—\nthe individual does not make a written submission mentioned in paragraph (b) ; or\nafter considering a written submission made by the individual, the commission is satisfied the individual is an excluded individual for the relevant event.\nThe individual may, within 28 days after the show cause notice is given to the individual, give the commission a written submission to show why the individual is not an excluded individual for the relevant event.\ns 56AJ ins 2020 No. 24 s 140\n(sec.56AJ-ssec.1) This section applies if the commission considers an individual who is not a licensee is an excluded individual for a relevant event.\n(sec.56AJ-ssec.2) The commission may give the individual a written notice (a show cause notice ) identifying the relevant event and stating the following— why the commission considers the individual is an excluded individual for the relevant event; that, within 28 days after the commission gives the show cause notice, the individual may give the commission a written submission to show why the individual is not an excluded individual for the relevant event; that the commission may publish the individual’s relevant details if— the individual does not make a written submission mentioned in paragraph (b) ; or after considering a written submission made by the individual, the commission is satisfied the individual is an excluded individual for the relevant event.\n(sec.56AJ-ssec.3) The individual may, within 28 days after the show cause notice is given to the individual, give the commission a written submission to show why the individual is not an excluded individual for the relevant event.\n- (a) why the commission considers the individual is an excluded individual for the relevant event;\n- (b) that, within 28 days after the commission gives the show cause notice, the individual may give the commission a written submission to show why the individual is not an excluded individual for the relevant event;\n- (c) that the commission may publish the individual’s relevant details if— (i) the individual does not make a written submission mentioned in paragraph (b) ; or (ii) after considering a written submission made by the individual, the commission is satisfied the individual is an excluded individual for the relevant event.\n- (i) the individual does not make a written submission mentioned in paragraph (b) ; or\n- (ii) after considering a written submission made by the individual, the commission is satisfied the individual is an excluded individual for the relevant event.\n- (i) the individual does not make a written submission mentioned in paragraph (b) ; or\n- (ii) after considering a written submission made by the individual, the commission is satisfied the individual is an excluded individual for the relevant event.","sortOrder":187},{"sectionNumber":"sec.56AK","sectionType":"section","heading":"Decision by commission about whether to publish the individual’s relevant details","content":"### sec.56AK Decision by commission about whether to publish the individual’s relevant details\n\nThis section applies if—\nafter considering a written submission made by an individual under section 56AJ (3) , the commission is satisfied the individual is an excluded individual for the relevant event; or\nthe individual does not make a written submission under section 56AJ (3) .\nThe commission may decide to publish the individual’s relevant details.\nThe commission must give the individual written notice of its decision.\nIf the decision is to publish the individual’s relevant details, the notice must inform the individual of the individual’s right to apply to the tribunal for a review of the decision.\ns 56AK ins 2020 No. 24 s 140\n(sec.56AK-ssec.1) This section applies if— after considering a written submission made by an individual under section 56AJ (3) , the commission is satisfied the individual is an excluded individual for the relevant event; or the individual does not make a written submission under section 56AJ (3) .\n(sec.56AK-ssec.2) The commission may decide to publish the individual’s relevant details.\n(sec.56AK-ssec.3) The commission must give the individual written notice of its decision.\n(sec.56AK-ssec.4) If the decision is to publish the individual’s relevant details, the notice must inform the individual of the individual’s right to apply to the tribunal for a review of the decision.\n- (a) after considering a written submission made by an individual under section 56AJ (3) , the commission is satisfied the individual is an excluded individual for the relevant event; or\n- (b) the individual does not make a written submission under section 56AJ (3) .","sortOrder":188},{"sectionNumber":"pt.3B","sectionType":"part","heading":"Permanently excluded individuals","content":"# Permanently excluded individuals","sortOrder":189},{"sectionNumber":"pt.3B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":190},{"sectionNumber":"sec.57","sectionType":"section","heading":"Operation of pt 3B","content":"### sec.57 Operation of pt 3B\n\nThis part has effect despite anything in part 3 , but does not apply to—\na fire protection occupational licence; or\na mechanical services occupational licence.\ns 57 prev s 57 om 2000 No. 9 s 104 sch 1\npres s 57 ins 2003 No. 1 s 31\namd 2007 No. 47 s 33 ; 2018 No. 17 s 190 ; 2020 No. 24 s 141\n- (a) a fire protection occupational licence; or\n- (b) a mechanical services occupational licence.","sortOrder":191},{"sectionNumber":"sec.58","sectionType":"section","heading":"Meaning of permanently excluded individual","content":"### sec.58 Meaning of permanently excluded individual\n\nA permanently excluded individual is an individual—\nwho has twice been an excluded individual for a relevant event; and\nwho for each relevant event has been given written notice by the commission stating—\nparticulars identifying the relevant event; and\nwhy the commission considers the individual is an excluded individual for the relevant event.\nNotice under subsection (1) (b) —\nmust be given while the individual is an excluded individual for the relevant event to which the notice relates; and\nif the notice is the second or a subsequent notice the individual has been given about being an excluded individual for a relevant event—\nmust state the effect of the individual becoming a permanently excluded individual including, if the individual is not a licensee, the effect of section 61A ; and\nmay be given at any time after an earlier notice was given; and\nif the individual is not a licensee—must be a show cause notice under section 56AJ .\nAn excluded individual who is a licensee is taken to have been given notice under subsection (1) (b) if—\nthe individual has been given notice under section 56AF (2) ; and\nfor a second or subsequent notice, the notice also includes the information required under subsection (2) (b) (i) .\nA second or subsequent notice may be given for a relevant event whether the event happened before or after another event for which the commission has already given notice under subsection (1) (b) .\nHowever, subsection (1) applies only if an individual became an excluded individual for at least one of the relevant events after the commencement of this section, irrespective of when the circumstances resulting in the relevant event arose.\nIf a second or subsequent notice does not include the information required under subsection (2) (b) (i) another notice containing the information may be given.\nIt is declared that in deciding whether 2 relevant events as mentioned in subsection (1) have happened, a relevant event must be counted—\nwhether the relevant event happened before or after the other relevant event; and\nwhether or not the notices under subsection (1) (b) for the relevant events were given in the order the relevant events happened; and\nregardless of the length of time between the giving of the notices under subsection (1) (b) for the relevant events; and\nwhether the relevant event happened before or after the commencement of this section, subject to subsection (5) .\nThe commission gives a licensee a notice under this section for a relevant event for which the licensee is currently an excluded individual. The commission later discovers that the licensee was, before the grant of the licensee’s licence, an excluded individual for a previous relevant event. However, the licensee is not currently an excluded individual for this relevant event because 5 years have elapsed since the event happened. It may not give the licensee a notice for this event.\nThe commission gives a licensee a notice under this section for a relevant event that happened after the commencement of this section. It later discovers that the licensee is an excluded individual for another relevant event that happened before the grant of the licensee’s licence and before the commencement of this section. It may give the licensee a notice for this relevant event. Also, it is the later notice, about the earlier relevant event, that must state the effect of the individual becoming a permanently excluded individual.\nThe commission becomes aware that a person who is an applicant for a contractor’s licence is currently an excluded individual for 2 relevant events one of which happened after the commencement of this section. The commission may give the person a notice for one of the relevant events and immediately give a notice for the other relevant event. Also, it is the later notice that must state the effect of the individual becoming a permanently excluded individual.\nA licensee becomes an excluded individual for a relevant event. The individual’s licence is cancelled under section 56AF and the individual is given notice complying with this section for the relevant event. More than 5 years later the licensee applies for and is granted a contractor’s licence. Ten years after this, the licensee becomes an excluded individual for another relevant event. The commission gives a notice complying with this section for the latest relevant event. This notice includes the information required for a second or subsequent notice under subsection (2) (b) (i) and the individual becomes a permanently excluded individual.\ns 58 prev s 58 amd 1992 No. 36 s 2 sch 1\nsub 1994 No. 20 s 20\nom 2000 No. 9 s 104 sch 1\npres s 58 ins 2003 No. 1 s 31\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 23 ; 2020 No. 24 s 142\n(sec.58-ssec.1) A permanently excluded individual is an individual— who has twice been an excluded individual for a relevant event; and who for each relevant event has been given written notice by the commission stating— particulars identifying the relevant event; and why the commission considers the individual is an excluded individual for the relevant event.\n(sec.58-ssec.2) Notice under subsection (1) (b) — must be given while the individual is an excluded individual for the relevant event to which the notice relates; and if the notice is the second or a subsequent notice the individual has been given about being an excluded individual for a relevant event— must state the effect of the individual becoming a permanently excluded individual including, if the individual is not a licensee, the effect of section 61A ; and may be given at any time after an earlier notice was given; and if the individual is not a licensee—must be a show cause notice under section 56AJ .\n(sec.58-ssec.3) An excluded individual who is a licensee is taken to have been given notice under subsection (1) (b) if— the individual has been given notice under section 56AF (2) ; and for a second or subsequent notice, the notice also includes the information required under subsection (2) (b) (i) .\n(sec.58-ssec.4) A second or subsequent notice may be given for a relevant event whether the event happened before or after another event for which the commission has already given notice under subsection (1) (b) .\n(sec.58-ssec.5) However, subsection (1) applies only if an individual became an excluded individual for at least one of the relevant events after the commencement of this section, irrespective of when the circumstances resulting in the relevant event arose.\n(sec.58-ssec.6) If a second or subsequent notice does not include the information required under subsection (2) (b) (i) another notice containing the information may be given.\n(sec.58-ssec.7) It is declared that in deciding whether 2 relevant events as mentioned in subsection (1) have happened, a relevant event must be counted— whether the relevant event happened before or after the other relevant event; and whether or not the notices under subsection (1) (b) for the relevant events were given in the order the relevant events happened; and regardless of the length of time between the giving of the notices under subsection (1) (b) for the relevant events; and whether the relevant event happened before or after the commencement of this section, subject to subsection (5) . The commission gives a licensee a notice under this section for a relevant event for which the licensee is currently an excluded individual. The commission later discovers that the licensee was, before the grant of the licensee’s licence, an excluded individual for a previous relevant event. However, the licensee is not currently an excluded individual for this relevant event because 5 years have elapsed since the event happened. It may not give the licensee a notice for this event. The commission gives a licensee a notice under this section for a relevant event that happened after the commencement of this section. It later discovers that the licensee is an excluded individual for another relevant event that happened before the grant of the licensee’s licence and before the commencement of this section. It may give the licensee a notice for this relevant event. Also, it is the later notice, about the earlier relevant event, that must state the effect of the individual becoming a permanently excluded individual. The commission becomes aware that a person who is an applicant for a contractor’s licence is currently an excluded individual for 2 relevant events one of which happened after the commencement of this section. The commission may give the person a notice for one of the relevant events and immediately give a notice for the other relevant event. Also, it is the later notice that must state the effect of the individual becoming a permanently excluded individual. A licensee becomes an excluded individual for a relevant event. The individual’s licence is cancelled under section 56AF and the individual is given notice complying with this section for the relevant event. More than 5 years later the licensee applies for and is granted a contractor’s licence. Ten years after this, the licensee becomes an excluded individual for another relevant event. The commission gives a notice complying with this section for the latest relevant event. This notice includes the information required for a second or subsequent notice under subsection (2) (b) (i) and the individual becomes a permanently excluded individual.\n- (a) who has twice been an excluded individual for a relevant event; and\n- (b) who for each relevant event has been given written notice by the commission stating— (i) particulars identifying the relevant event; and (ii) why the commission considers the individual is an excluded individual for the relevant event.\n- (i) particulars identifying the relevant event; and\n- (ii) why the commission considers the individual is an excluded individual for the relevant event.\n- (i) particulars identifying the relevant event; and\n- (ii) why the commission considers the individual is an excluded individual for the relevant event.\n- (a) must be given while the individual is an excluded individual for the relevant event to which the notice relates; and\n- (b) if the notice is the second or a subsequent notice the individual has been given about being an excluded individual for a relevant event— (i) must state the effect of the individual becoming a permanently excluded individual including, if the individual is not a licensee, the effect of section 61A ; and (ii) may be given at any time after an earlier notice was given; and\n- (i) must state the effect of the individual becoming a permanently excluded individual including, if the individual is not a licensee, the effect of section 61A ; and\n- (ii) may be given at any time after an earlier notice was given; and\n- (c) if the individual is not a licensee—must be a show cause notice under section 56AJ .\n- (i) must state the effect of the individual becoming a permanently excluded individual including, if the individual is not a licensee, the effect of section 61A ; and\n- (ii) may be given at any time after an earlier notice was given; and\n- (a) the individual has been given notice under section 56AF (2) ; and\n- (b) for a second or subsequent notice, the notice also includes the information required under subsection (2) (b) (i) .\n- (a) whether the relevant event happened before or after the other relevant event; and\n- (b) whether or not the notices under subsection (1) (b) for the relevant events were given in the order the relevant events happened; and\n- (c) regardless of the length of time between the giving of the notices under subsection (1) (b) for the relevant events; and\n- (d) whether the relevant event happened before or after the commencement of this section, subject to subsection (5) .\n- 1 The commission becomes aware that a person who is an applicant for a contractor’s licence is currently an excluded individual for 2 relevant events one of which happened after the commencement of this section. The commission may give the person a notice for one of the relevant events and immediately give a notice for the other relevant event. Also, it is the later notice that must state the effect of the individual becoming a permanently excluded individual.\n- 2 A licensee becomes an excluded individual for a relevant event. The individual’s licence is cancelled under section 56AF and the individual is given notice complying with this section for the relevant event. More than 5 years later the licensee applies for and is granted a contractor’s licence. Ten years after this, the licensee becomes an excluded individual for another relevant event. The commission gives a notice complying with this section for the latest relevant event. This notice includes the information required for a second or subsequent notice under subsection (2) (b) (i) and the individual becomes a permanently excluded individual.","sortOrder":192},{"sectionNumber":"pt.3B-div.2","sectionType":"division","heading":"Licence exclusion","content":"## Licence exclusion","sortOrder":193},{"sectionNumber":"sec.59","sectionType":"section","heading":"Exclusion from licence","content":"### sec.59 Exclusion from licence\n\nThe commission must not grant a person a licence if the person is—\na permanently excluded individual; or\na company for which a permanently excluded individual is a director, secretary, influential person or nominee.\ns 59 prev s 59 amd 1994 No. 20 s 21\nom 2000 No. 9 s 104 sch 1\npres s 59 ins 2003 No. 1 s 31\namd 2013 No. 38 s 14 sch 1\n- (a) a permanently excluded individual; or\n- (b) a company for which a permanently excluded individual is a director, secretary, influential person or nominee.","sortOrder":194},{"sectionNumber":"sec.60","sectionType":"section","heading":"Permanently excluded individual not fit and proper","content":"### sec.60 Permanently excluded individual not fit and proper\n\nA permanently excluded individual is taken not to be a fit and proper person for part 3 , division 2 .\ns 60 prev s 60 om 2000 No. 9 s 104 sch 1\npres s 60 ins 2003 No. 1 s 31","sortOrder":195},{"sectionNumber":"sec.61","sectionType":"section","heading":"When individual no longer permanently excluded individual","content":"### sec.61 When individual no longer permanently excluded individual\n\nIn deciding whether an individual is, or continues to be, a permanently excluded individual, a relevant event for which the individual has been given notice under section 58 (1) (b) must not be counted if the individual applies to the tribunal under section 86 (1) (k) for a review of the commission’s decision under section 56AF that a person is an excluded individual, and the tribunal reverses or annuls the commission’s decision.\ns 61 prev s 61 om 2000 No. 9 s 104 sch 1\npres s 61 ins 2003 No. 1 s 31\namd 2003 No. 30 s 169 sch 1 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 24","sortOrder":196},{"sectionNumber":"pt.3B-div.3","sectionType":"division","heading":"Publication of details of particular permanently excluded individuals","content":"## Publication of details of particular permanently excluded individuals","sortOrder":197},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Publication of relevant details of permanently excluded individuals who are not licensees","content":"### sec.61A Publication of relevant details of permanently excluded individuals who are not licensees\n\nThe commission may publish the relevant details for an individual if the individual—\nis not a licensee; and\nis a permanently excluded individual; and\nall periods for applying for a review of a decision about a relevant event related to the exclusion, or making an appeal against a decision made on the review, have ended; and\nany review or appeal mentioned in paragraph (c) is finally decided or is not proceeded with.\nThe relevant details for the individual are—\nthe individual’s full name and business address; and\nif the individual is or has been known by another name—all other names the individual is or has been known by; and\nthat the individual is a permanently excluded individual for a stated relevant event; and\nthe day on which the individual became a permanently excluded individual; and\nany other particulars prescribed by regulation.\nThe individual’s relevant details may be published under subsection (1) on the commission’s website.\nDespite subsection (1) —\nif the individual’s business address is the same as the individual’s residential address, the only part of the address that may be published is the suburb or locality in which the individual’s business is located; and\nno details may be published about the individual after the day that is 10 years from the day the details were first published under this section.\ns 61A ins 2020 No. 24 s 143\n(sec.61A-ssec.1) The commission may publish the relevant details for an individual if the individual— is not a licensee; and is a permanently excluded individual; and all periods for applying for a review of a decision about a relevant event related to the exclusion, or making an appeal against a decision made on the review, have ended; and any review or appeal mentioned in paragraph (c) is finally decided or is not proceeded with.\n(sec.61A-ssec.2) The relevant details for the individual are— the individual’s full name and business address; and if the individual is or has been known by another name—all other names the individual is or has been known by; and that the individual is a permanently excluded individual for a stated relevant event; and the day on which the individual became a permanently excluded individual; and any other particulars prescribed by regulation.\n(sec.61A-ssec.3) The individual’s relevant details may be published under subsection (1) on the commission’s website.\n(sec.61A-ssec.4) Despite subsection (1) — if the individual’s business address is the same as the individual’s residential address, the only part of the address that may be published is the suburb or locality in which the individual’s business is located; and no details may be published about the individual after the day that is 10 years from the day the details were first published under this section.\n- (a) is not a licensee; and\n- (b) is a permanently excluded individual; and\n- (c) all periods for applying for a review of a decision about a relevant event related to the exclusion, or making an appeal against a decision made on the review, have ended; and\n- (d) any review or appeal mentioned in paragraph (c) is finally decided or is not proceeded with.\n- (a) the individual’s full name and business address; and\n- (b) if the individual is or has been known by another name—all other names the individual is or has been known by; and\n- (c) that the individual is a permanently excluded individual for a stated relevant event; and\n- (d) the day on which the individual became a permanently excluded individual; and\n- (e) any other particulars prescribed by regulation.\n- (a) if the individual’s business address is the same as the individual’s residential address, the only part of the address that may be published is the suburb or locality in which the individual’s business is located; and\n- (b) no details may be published about the individual after the day that is 10 years from the day the details were first published under this section.","sortOrder":198},{"sectionNumber":"pt.3C","sectionType":"part","heading":"Convicted company officers","content":"# Convicted company officers","sortOrder":199},{"sectionNumber":"pt.3C-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":200},{"sectionNumber":"sec.62","sectionType":"section","heading":"Operation of pt 3C","content":"### sec.62 Operation of pt 3C\n\nThis part has effect despite anything in part 3 , but does not apply to—\na fire protection occupational licence; or\na mechanical services occupational licence.\ns 62 prev s 62 om 2000 No. 9 s 104 sch 1\npres s 62 ins 2003 No. 1 s 32\namd 2007 No. 47 s 34 ; 2018 No. 17 s 191 ; 2020 No. 24 s 144\n- (a) a fire protection occupational licence; or\n- (b) a mechanical services occupational licence.","sortOrder":201},{"sectionNumber":"pt.3C-div.2","sectionType":"division","heading":"Licence exclusion and cancellation","content":"## Licence exclusion and cancellation","sortOrder":202},{"sectionNumber":"sec.63","sectionType":"section","heading":"Exclusion from licence","content":"### sec.63 Exclusion from licence\n\nThe commission must not grant a person a licence if the person is—\na convicted company officer; or\na company for which a convicted company officer is a director, secretary, influential person or nominee.\ns 63 prev s 63 om 2000 No. 9 s 104 sch 1\npres s 63 ins 2003 No. 1 s 32\namd 2013 No. 38 s 14 sch 1\n- (a) a convicted company officer; or\n- (b) a company for which a convicted company officer is a director, secretary, influential person or nominee.","sortOrder":203},{"sectionNumber":"sec.64","sectionType":"section","heading":"Procedure if commission considers individual a convicted company officer","content":"### sec.64 Procedure if commission considers individual a convicted company officer\n\nThis section applies if the commission considers that an individual is a convicted company officer.\nThe commission must give the individual a written notice stating—\ndetails of the conviction the commission considers makes the individual a convicted company officer; and\nthe effect of the individual being a convicted company officer; and\nan invitation to the individual to make written submissions, within a stated period, to satisfy the commission that the individual is not a convicted company officer.\nThe stated period must be at least 28 days after the written notice is given to the individual.\nThe commission must consider any submissions made by the individual.\ns 64 prev s 64 om 2000 No. 9 s 104 sch 1\npres s 64 ins 2003 No. 1 s 32\namd 2013 No. 38 s 14 sch 1\n(sec.64-ssec.1) This section applies if the commission considers that an individual is a convicted company officer.\n(sec.64-ssec.2) The commission must give the individual a written notice stating— details of the conviction the commission considers makes the individual a convicted company officer; and the effect of the individual being a convicted company officer; and an invitation to the individual to make written submissions, within a stated period, to satisfy the commission that the individual is not a convicted company officer.\n(sec.64-ssec.3) The stated period must be at least 28 days after the written notice is given to the individual.\n(sec.64-ssec.4) The commission must consider any submissions made by the individual.\n- (a) details of the conviction the commission considers makes the individual a convicted company officer; and\n- (b) the effect of the individual being a convicted company officer; and\n- (c) an invitation to the individual to make written submissions, within a stated period, to satisfy the commission that the individual is not a convicted company officer.","sortOrder":204},{"sectionNumber":"sec.65","sectionType":"section","heading":"Ending procedure without further action","content":"### sec.65 Ending procedure without further action\n\nThis section applies if, after considering submissions made by the individual, the commission is satisfied the individual is not a convicted company officer.\nThe commission must, as soon as practicable, advise the individual in writing that no further action under this part will be taken in relation to the notice given under section 64 (2) .\ns 65 prev s 65 om 2000 No. 9 s 104 sch 1\npres s 65 ins 2003 No. 1 s 32\namd 2013 No. 38 s 14 sch 1\n(sec.65-ssec.1) This section applies if, after considering submissions made by the individual, the commission is satisfied the individual is not a convicted company officer.\n(sec.65-ssec.2) The commission must, as soon as practicable, advise the individual in writing that no further action under this part will be taken in relation to the notice given under section 64 (2) .","sortOrder":205},{"sectionNumber":"sec.66","sectionType":"section","heading":"Notice of cancellation and that not a fit and proper person to individual who is a licensee","content":"### sec.66 Notice of cancellation and that not a fit and proper person to individual who is a licensee\n\nFor an individual who is a licensee, subsection (3) applies if, after considering submissions made by the individual for the notice under section 64 (2) , the commission still considers that the individual is a convicted company officer.\nSubsection (3) also applies if there are no submissions for the notice under section 64 (2) .\nThe commission must, by written notice given to the individual—\ninform the individual that the commission still considers the individual is a convicted company officer; and\ncancel the individual’s licence; and\ninform the individual—\nthat the individual is taken not to be a fit and proper person for part 3 , division 2 ; and\nof the individual’s right to apply to the tribunal for a review of the commission’s decision.\nAn individual may have the commission’s decision reviewed by the tribunal under section 86 (1) (l) .\nAn individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\nSection 49 does not apply to a cancellation under subsection (3) .\ns 66 prev s 66 amd 1992 No. 36 s 2 sch 1\nom 2000 No. 9 s 104 sch 1\npres s 66 ins 2003 No. 1 s 32\namd 2013 No. 38 s 14 sch 1\n(sec.66-ssec.1) For an individual who is a licensee, subsection (3) applies if, after considering submissions made by the individual for the notice under section 64 (2) , the commission still considers that the individual is a convicted company officer.\n(sec.66-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 64 (2) .\n(sec.66-ssec.3) The commission must, by written notice given to the individual— inform the individual that the commission still considers the individual is a convicted company officer; and cancel the individual’s licence; and inform the individual— that the individual is taken not to be a fit and proper person for part 3 , division 2 ; and of the individual’s right to apply to the tribunal for a review of the commission’s decision. An individual may have the commission’s decision reviewed by the tribunal under section 86 (1) (l) .\n(sec.66-ssec.4) An individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\n(sec.66-ssec.5) Section 49 does not apply to a cancellation under subsection (3) .\n- (a) inform the individual that the commission still considers the individual is a convicted company officer; and\n- (b) cancel the individual’s licence; and\n- (c) inform the individual— (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 ; and (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision. Note— An individual may have the commission’s decision reviewed by the tribunal under section 86 (1) (l) .\n- (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 ; and\n- (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision. Note— An individual may have the commission’s decision reviewed by the tribunal under section 86 (1) (l) .\n- (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 ; and\n- (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision. Note— An individual may have the commission’s decision reviewed by the tribunal under section 86 (1) (l) .","sortOrder":206},{"sectionNumber":"sec.67","sectionType":"section","heading":"Notice that not a fit and proper person to individual who is not a licensee","content":"### sec.67 Notice that not a fit and proper person to individual who is not a licensee\n\nFor an individual who is not a licensee, subsection (3) applies if, after considering submissions made by the individual for the notice under section 64 (2) , the commission still considers that the individual is a convicted company officer.\nSubsection (3) also applies if there are no submissions for the notice under section 64 (2) .\nThe commission must, by written notice given to the individual, inform the individual—\nthat the commission still considers the individual is a convicted company officer; and\nthat the individual is taken not to be a fit and proper person for part 3 , division 2 ; and\nof the individual’s right to apply to the tribunal for a review of the commission’s decision; and\nhow, and the period within which, the individual may apply to the tribunal for the review; and\nany right the individual has to have the operation of the commission’s decision stayed by the tribunal.\nAn individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\ns 67 prev s 67 om 2000 No. 9 s 104 sch 1\npres s 67 ins 2003 No. 1 s 32\namd 2009 No. 24 s 1673 ; 2013 No. 38 s 14 sch 1\n(sec.67-ssec.1) For an individual who is not a licensee, subsection (3) applies if, after considering submissions made by the individual for the notice under section 64 (2) , the commission still considers that the individual is a convicted company officer.\n(sec.67-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 64 (2) .\n(sec.67-ssec.3) The commission must, by written notice given to the individual, inform the individual— that the commission still considers the individual is a convicted company officer; and that the individual is taken not to be a fit and proper person for part 3 , division 2 ; and of the individual’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the individual may apply to the tribunal for the review; and any right the individual has to have the operation of the commission’s decision stayed by the tribunal.\n(sec.67-ssec.4) An individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\n- (a) that the commission still considers the individual is a convicted company officer; and\n- (b) that the individual is taken not to be a fit and proper person for part 3 , division 2 ; and\n- (c) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and\n- (d) how, and the period within which, the individual may apply to the tribunal for the review; and\n- (e) any right the individual has to have the operation of the commission’s decision stayed by the tribunal.","sortOrder":207},{"sectionNumber":"sec.67AA","sectionType":"section","heading":"Notice by commission to company for which a convicted company officer is a director, secretary, influential person or nominee","content":"### sec.67AA Notice by commission to company for which a convicted company officer is a director, secretary, influential person or nominee\n\nThis section applies if the commission considers that a company that is a licensee has an individual who is a convicted company officer as a director or secretary of, or an influential person or nominee for, the company.\nThe commission must give the company a written notice stating—\nparticulars identifying the individual (the relevant individual ) the commission considers is a director or secretary of, or an influential person or nominee for, the company; and\nA company may have the commission’s decision reviewed by the tribunal under section 86 (1) (m) .\nthat the relevant individual must stop being a director, secretary, influential person or nominee within 28 days after the commission gives the individual the written notice; and\nthe commission must cancel the licensee’s licence if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in paragraph (b) .\nThe commission must cancel the company’s licence by written notice given to the company if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in subsection (2) (b) .\nSection 49 does not apply to a cancellation under subsection (3) .\ns 67AA ins 2003 No. 1 s 32\namd 2013 No. 38 s 14 sch 1\n(sec.67AA-ssec.1) This section applies if the commission considers that a company that is a licensee has an individual who is a convicted company officer as a director or secretary of, or an influential person or nominee for, the company.\n(sec.67AA-ssec.2) The commission must give the company a written notice stating— particulars identifying the individual (the relevant individual ) the commission considers is a director or secretary of, or an influential person or nominee for, the company; and A company may have the commission’s decision reviewed by the tribunal under section 86 (1) (m) . that the relevant individual must stop being a director, secretary, influential person or nominee within 28 days after the commission gives the individual the written notice; and the commission must cancel the licensee’s licence if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in paragraph (b) .\n(sec.67AA-ssec.3) The commission must cancel the company’s licence by written notice given to the company if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in subsection (2) (b) .\n(sec.67AA-ssec.4) Section 49 does not apply to a cancellation under subsection (3) .\n- (a) particulars identifying the individual (the relevant individual ) the commission considers is a director or secretary of, or an influential person or nominee for, the company; and Note— A company may have the commission’s decision reviewed by the tribunal under section 86 (1) (m) .\n- (b) that the relevant individual must stop being a director, secretary, influential person or nominee within 28 days after the commission gives the individual the written notice; and\n- (c) the commission must cancel the licensee’s licence if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in paragraph (b) .","sortOrder":208},{"sectionNumber":"pt.3D","sectionType":"part","heading":"Banned individuals","content":"# Banned individuals","sortOrder":209},{"sectionNumber":"pt.3D-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":210},{"sectionNumber":"sec.67AB","sectionType":"section","heading":"Meaning of tier 1 defective work and carry out tier 1 defective work","content":"### sec.67AB Meaning of tier 1 defective work and carry out tier 1 defective work\n\nTier 1 defective work means grossly defective building work that—\nfalls below the standard reasonably expected of a licensed contractor for the type of building work; and\neither—\nadversely affects the structural performance of a building to the extent that a person could not reasonably be expected to use the building for the purpose for which it was, or is being, erected or constructed; or\nis likely to cause the death of, or grievous bodily harm to, a person.\nA building is constructed and due to substandard building work all or a significant part of the building requires demolition or substantial reconstruction.\nA fire protection contractor installs fire protection equipment that does not meet the requirements of the Building Code of Australia for the equipment. In the event of fire, the noncompliance is likely to result in the death of, or grievous bodily harm to, a person.\nCarry out tier 1 defective work means—\ncarry out tier 1 defective work personally; or\ndirectly or indirectly, cause tier 1 defective work to be carried out; or\nprovide advisory, administrative, management or supervisory services for carrying out tier 1 defective work.\ns 67AB ins 2003 No. 1 s 33\namd 2020 No. 24 s 120A\n(sec.67AB-ssec.1) Tier 1 defective work means grossly defective building work that— falls below the standard reasonably expected of a licensed contractor for the type of building work; and either— adversely affects the structural performance of a building to the extent that a person could not reasonably be expected to use the building for the purpose for which it was, or is being, erected or constructed; or is likely to cause the death of, or grievous bodily harm to, a person. A building is constructed and due to substandard building work all or a significant part of the building requires demolition or substantial reconstruction. A fire protection contractor installs fire protection equipment that does not meet the requirements of the Building Code of Australia for the equipment. In the event of fire, the noncompliance is likely to result in the death of, or grievous bodily harm to, a person.\n(sec.67AB-ssec.2) Carry out tier 1 defective work means— carry out tier 1 defective work personally; or directly or indirectly, cause tier 1 defective work to be carried out; or provide advisory, administrative, management or supervisory services for carrying out tier 1 defective work.\n- (a) falls below the standard reasonably expected of a licensed contractor for the type of building work; and\n- (b) either— (i) adversely affects the structural performance of a building to the extent that a person could not reasonably be expected to use the building for the purpose for which it was, or is being, erected or constructed; or (ii) is likely to cause the death of, or grievous bodily harm to, a person. Example for paragraph (b) (i) — A building is constructed and due to substandard building work all or a significant part of the building requires demolition or substantial reconstruction. Examples for paragraph (b) (ii) — A fire protection contractor installs fire protection equipment that does not meet the requirements of the Building Code of Australia for the equipment. In the event of fire, the noncompliance is likely to result in the death of, or grievous bodily harm to, a person.\n- (i) adversely affects the structural performance of a building to the extent that a person could not reasonably be expected to use the building for the purpose for which it was, or is being, erected or constructed; or\n- (ii) is likely to cause the death of, or grievous bodily harm to, a person.\n- (i) adversely affects the structural performance of a building to the extent that a person could not reasonably be expected to use the building for the purpose for which it was, or is being, erected or constructed; or\n- (ii) is likely to cause the death of, or grievous bodily harm to, a person.\n- (a) carry out tier 1 defective work personally; or\n- (b) directly or indirectly, cause tier 1 defective work to be carried out; or\n- (c) provide advisory, administrative, management or supervisory services for carrying out tier 1 defective work.","sortOrder":211},{"sectionNumber":"sec.67AC","sectionType":"section","heading":"Banned individual","content":"### sec.67AC Banned individual\n\nAn individual is a banned individual if the individual is given notice under this part that the individual is taken not to be a fit and proper person for part 3 , division 2 .\nThe individual continues to be a banned individual for the term calculated under this part and stated in the notice.\ns 67AC ins 2003 No. 1 s 33\n(sec.67AC-ssec.1) An individual is a banned individual if the individual is given notice under this part that the individual is taken not to be a fit and proper person for part 3 , division 2 .\n(sec.67AC-ssec.2) The individual continues to be a banned individual for the term calculated under this part and stated in the notice.","sortOrder":212},{"sectionNumber":"sec.67AD","sectionType":"section","heading":"Operation of pt 3D","content":"### sec.67AD Operation of pt 3D\n\nThis part has effect despite anything in part 3 .\ns 67AD ins 2003 No. 1 s 33","sortOrder":213},{"sectionNumber":"pt.3D-div.2","sectionType":"division","heading":"Licence exclusion and cancellation","content":"## Licence exclusion and cancellation","sortOrder":214},{"sectionNumber":"sec.67AE","sectionType":"section","heading":"Exclusion from licence","content":"### sec.67AE Exclusion from licence\n\nThe commission must not grant a person a licence if the person is—\na banned individual; or\na company for which a banned individual is a director, secretary, influential person or nominee.\ns 67AE ins 2003 No. 1 s 33\namd 2013 No. 38 s 14 sch 1\n- (a) a banned individual; or\n- (b) a company for which a banned individual is a director, secretary, influential person or nominee.","sortOrder":215},{"sectionNumber":"sec.67AF","sectionType":"section","heading":"Procedure if commission considers individual has carried out tier 1 defective work","content":"### sec.67AF Procedure if commission considers individual has carried out tier 1 defective work\n\nThis section applies if the commission considers that an individual has carried out tier 1 defective work after the commencement of this section.\nThe commission may give the individual a written notice stating—\ndetails of the tier 1 defective work; and\nthe effect of the individual becoming a banned individual for the tier 1 defective work; and\nan invitation to the individual to make written submissions, within a stated period, to satisfy the commission that—\nthe individual did not carry out the work stated in the notice; or\nthe work carried out by the individual was not tier 1 defective work; or\nthe individual exercised reasonable diligence to ensure that the work carried out was not defective.\nAn individual carried out tier 1 defective work in relation to the footings of a house. However, the individual had reasonably relied on plans for the footings drawn by an engineer and carried out the work in accordance with the plans. It was the reliance on the plans that caused the tier 1 defective work.\nThe stated period must be at least 28 days after the written notice is given to the individual.\nThe commission must consider any submissions made by the individual.\ns 67AF ins 2003 No. 1 s 33\namd 2013 No. 38 s 14 sch 1\n(sec.67AF-ssec.1) This section applies if the commission considers that an individual has carried out tier 1 defective work after the commencement of this section.\n(sec.67AF-ssec.2) The commission may give the individual a written notice stating— details of the tier 1 defective work; and the effect of the individual becoming a banned individual for the tier 1 defective work; and an invitation to the individual to make written submissions, within a stated period, to satisfy the commission that— the individual did not carry out the work stated in the notice; or the work carried out by the individual was not tier 1 defective work; or the individual exercised reasonable diligence to ensure that the work carried out was not defective. An individual carried out tier 1 defective work in relation to the footings of a house. However, the individual had reasonably relied on plans for the footings drawn by an engineer and carried out the work in accordance with the plans. It was the reliance on the plans that caused the tier 1 defective work.\n(sec.67AF-ssec.3) The stated period must be at least 28 days after the written notice is given to the individual.\n(sec.67AF-ssec.4) The commission must consider any submissions made by the individual.\n- (a) details of the tier 1 defective work; and\n- (b) the effect of the individual becoming a banned individual for the tier 1 defective work; and\n- (c) an invitation to the individual to make written submissions, within a stated period, to satisfy the commission that— (i) the individual did not carry out the work stated in the notice; or (ii) the work carried out by the individual was not tier 1 defective work; or (iii) the individual exercised reasonable diligence to ensure that the work carried out was not defective. Example for subparagraph (iii) — An individual carried out tier 1 defective work in relation to the footings of a house. However, the individual had reasonably relied on plans for the footings drawn by an engineer and carried out the work in accordance with the plans. It was the reliance on the plans that caused the tier 1 defective work.\n- (i) the individual did not carry out the work stated in the notice; or\n- (ii) the work carried out by the individual was not tier 1 defective work; or\n- (iii) the individual exercised reasonable diligence to ensure that the work carried out was not defective. Example for subparagraph (iii) — An individual carried out tier 1 defective work in relation to the footings of a house. However, the individual had reasonably relied on plans for the footings drawn by an engineer and carried out the work in accordance with the plans. It was the reliance on the plans that caused the tier 1 defective work.\n- (i) the individual did not carry out the work stated in the notice; or\n- (ii) the work carried out by the individual was not tier 1 defective work; or\n- (iii) the individual exercised reasonable diligence to ensure that the work carried out was not defective. Example for subparagraph (iii) — An individual carried out tier 1 defective work in relation to the footings of a house. However, the individual had reasonably relied on plans for the footings drawn by an engineer and carried out the work in accordance with the plans. It was the reliance on the plans that caused the tier 1 defective work.","sortOrder":216},{"sectionNumber":"sec.67AG","sectionType":"section","heading":"Ending procedure without further action","content":"### sec.67AG Ending procedure without further action\n\nThis section applies if, after considering submissions made by the individual, the commission is satisfied that—\nthe individual did not carry out the work stated in the notice; or\nthe work carried out by the individual was not tier 1 defective work; or\nthe individual exercised reasonable diligence to ensure that the work carried out was not defective.\nThe commission must, as soon as practicable, advise the individual in writing that no further action under this part will be taken in relation to the written notice given under section 67AF (2) .\ns 67AG ins 2003 No. 1 s 33\namd 2013 No. 38 s 14 sch 1\n(sec.67AG-ssec.1) This section applies if, after considering submissions made by the individual, the commission is satisfied that— the individual did not carry out the work stated in the notice; or the work carried out by the individual was not tier 1 defective work; or the individual exercised reasonable diligence to ensure that the work carried out was not defective.\n(sec.67AG-ssec.2) The commission must, as soon as practicable, advise the individual in writing that no further action under this part will be taken in relation to the written notice given under section 67AF (2) .\n- (a) the individual did not carry out the work stated in the notice; or\n- (b) the work carried out by the individual was not tier 1 defective work; or\n- (c) the individual exercised reasonable diligence to ensure that the work carried out was not defective.","sortOrder":217},{"sectionNumber":"sec.67AH","sectionType":"section","heading":"Notice of cancellation and that not a fit and proper person to individual who is a licensee","content":"### sec.67AH Notice of cancellation and that not a fit and proper person to individual who is a licensee\n\nFor an individual who is a licensee, subsection (3) applies if, after considering the submissions made by the individual for the notice under section 67AF (2) , the commission—\nstill considers that—\nthe individual carried out the work stated in the notice; and\nthe work carried out was tier 1 defective work; and\nis not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective.\nSubsection (3) also applies if there are no submissions for the notice under section 67AF (2) .\nThe commission must, by written notice given to the individual—\ninform the individual that the commission—\nstill considers—\nthat the individual carried out the work stated in the notice; and\nthe work carried out was tier 1 defective work; and\nis not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and\ncancel the individual’s licence; and\ninform the individual—\nthat the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\nof the individual’s right to apply to the tribunal for a review of the commission’s decision; and\nhow, and the period within which, the individual may apply to the tribunal for the review; and\nany right the individual has to have the operation of the commission’s decision stayed by the tribunal.\nAn individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\nAn individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\nSection 49 does not apply to a cancellation under subsection (3) .\ns 67AH ins 2003 No. 1 s 33\namd 2009 No. 24 s 1674 ; 2013 No. 38 s 14 sch 1\n(sec.67AH-ssec.1) For an individual who is a licensee, subsection (3) applies if, after considering the submissions made by the individual for the notice under section 67AF (2) , the commission— still considers that— the individual carried out the work stated in the notice; and the work carried out was tier 1 defective work; and is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective.\n(sec.67AH-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 67AF (2) .\n(sec.67AH-ssec.3) The commission must, by written notice given to the individual— inform the individual that the commission— still considers— that the individual carried out the work stated in the notice; and the work carried out was tier 1 defective work; and is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and cancel the individual’s licence; and inform the individual— that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and of the individual’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the individual may apply to the tribunal for the review; and any right the individual has to have the operation of the commission’s decision stayed by the tribunal. An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n(sec.67AH-ssec.4) An individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\n(sec.67AH-ssec.5) Section 49 does not apply to a cancellation under subsection (3) .\n- (a) still considers that— (i) the individual carried out the work stated in the notice; and (ii) the work carried out was tier 1 defective work; and\n- (i) the individual carried out the work stated in the notice; and\n- (ii) the work carried out was tier 1 defective work; and\n- (b) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective.\n- (i) the individual carried out the work stated in the notice; and\n- (ii) the work carried out was tier 1 defective work; and\n- (a) inform the individual that the commission— (i) still considers— (A) that the individual carried out the work stated in the notice; and (B) the work carried out was tier 1 defective work; and (ii) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (i) still considers— (A) that the individual carried out the work stated in the notice; and (B) the work carried out was tier 1 defective work; and\n- (A) that the individual carried out the work stated in the notice; and\n- (B) the work carried out was tier 1 defective work; and\n- (ii) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (b) cancel the individual’s licence; and\n- (c) inform the individual— (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and (iii) how, and the period within which, the individual may apply to the tribunal for the review; and (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n- (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\n- (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and\n- (iii) how, and the period within which, the individual may apply to the tribunal for the review; and\n- (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n- (i) still considers— (A) that the individual carried out the work stated in the notice; and (B) the work carried out was tier 1 defective work; and\n- (A) that the individual carried out the work stated in the notice; and\n- (B) the work carried out was tier 1 defective work; and\n- (ii) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (A) that the individual carried out the work stated in the notice; and\n- (B) the work carried out was tier 1 defective work; and\n- (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\n- (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and\n- (iii) how, and the period within which, the individual may apply to the tribunal for the review; and\n- (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .","sortOrder":218},{"sectionNumber":"sec.67AI","sectionType":"section","heading":"Notice that not a fit and proper person to individual who is not a licensee","content":"### sec.67AI Notice that not a fit and proper person to individual who is not a licensee\n\nFor an individual who is not a licensee, subsection (3) applies if, after considering the submissions made by the individual for the notice under section 67AF (2) , the commission—\nstill considers that—\nthe individual carried out the work stated in the notice; and\nthe work carried out was tier 1 defective work; and\nis not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective.\nSubsection (3) also applies if there are no submissions for the notice under section 67AF (2) .\nThe commission must, by written notice given to the individual, inform the individual—\nthat the commission—\nstill considers that—\nthe individual carried out the work stated in the notice; and\nthe work carried out was tier 1 defective work; and\nis not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and\nthat the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\nof the individual’s right to apply to the tribunal for a review of the commission’s decision; and\nhow, and the period within which, the individual may apply to the tribunal for the review; and\nany right the individual has to have the operation of the commission’s decision stayed by the tribunal.\nAn individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\nAn individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\ns 67AI ins 2003 No. 1 s 33\namd 2009 No. 24 s 1675 ; 2013 No. 38 s 14 sch 1\n(sec.67AI-ssec.1) For an individual who is not a licensee, subsection (3) applies if, after considering the submissions made by the individual for the notice under section 67AF (2) , the commission— still considers that— the individual carried out the work stated in the notice; and the work carried out was tier 1 defective work; and is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective.\n(sec.67AI-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 67AF (2) .\n(sec.67AI-ssec.3) The commission must, by written notice given to the individual, inform the individual— that the commission— still considers that— the individual carried out the work stated in the notice; and the work carried out was tier 1 defective work; and is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and of the individual’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the individual may apply to the tribunal for the review; and any right the individual has to have the operation of the commission’s decision stayed by the tribunal. An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n(sec.67AI-ssec.4) An individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\n- (a) still considers that— (i) the individual carried out the work stated in the notice; and (ii) the work carried out was tier 1 defective work; and\n- (i) the individual carried out the work stated in the notice; and\n- (ii) the work carried out was tier 1 defective work; and\n- (b) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective.\n- (i) the individual carried out the work stated in the notice; and\n- (ii) the work carried out was tier 1 defective work; and\n- (a) that the commission— (i) still considers that— (A) the individual carried out the work stated in the notice; and (B) the work carried out was tier 1 defective work; and (ii) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (i) still considers that— (A) the individual carried out the work stated in the notice; and (B) the work carried out was tier 1 defective work; and\n- (A) the individual carried out the work stated in the notice; and\n- (B) the work carried out was tier 1 defective work; and\n- (ii) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (b) that the individual is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\n- (c) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and\n- (d) how, and the period within which, the individual may apply to the tribunal for the review; and\n- (e) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n- (i) still considers that— (A) the individual carried out the work stated in the notice; and (B) the work carried out was tier 1 defective work; and\n- (A) the individual carried out the work stated in the notice; and\n- (B) the work carried out was tier 1 defective work; and\n- (ii) is not satisfied that the individual exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (A) the individual carried out the work stated in the notice; and\n- (B) the work carried out was tier 1 defective work; and","sortOrder":219},{"sectionNumber":"sec.67AJ","sectionType":"section","heading":"Notice by commission to director, secretary, influential person or nominee about tier 1 defective work","content":"### sec.67AJ Notice by commission to director, secretary, influential person or nominee about tier 1 defective work\n\nThis section applies if the commission considers that a company has carried out tier 1 defective work after the commencement of this section.\nThe commission may give an individual who was a director or secretary of, or an influential person or nominee for, the company at the time the work was carried out, a written notice stating—\ndetails of the tier 1 defective work; and\nthe effect of the director, secretary, influential person or nominee becoming a banned individual for the tier 1 defective work; and\nan invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that—\nthe company did not carry out the work stated in the notice; or\nthe work carried out by the company was not tier 1 defective work; or\nthe director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or\nthe director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.\nThe stated period must be at least 28 days after the written notice is given to the director, secretary, influential person or nominee.\nThe commission must consider any submissions made by the director, secretary, influential person or nominee.\ns 67AJ ins 2003 No. 1 s 33\namd 2013 No. 38 s 14 sch 1\n(sec.67AJ-ssec.1) This section applies if the commission considers that a company has carried out tier 1 defective work after the commencement of this section.\n(sec.67AJ-ssec.2) The commission may give an individual who was a director or secretary of, or an influential person or nominee for, the company at the time the work was carried out, a written notice stating— details of the tier 1 defective work; and the effect of the director, secretary, influential person or nominee becoming a banned individual for the tier 1 defective work; and an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— the company did not carry out the work stated in the notice; or the work carried out by the company was not tier 1 defective work; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.\n(sec.67AJ-ssec.3) The stated period must be at least 28 days after the written notice is given to the director, secretary, influential person or nominee.\n(sec.67AJ-ssec.4) The commission must consider any submissions made by the director, secretary, influential person or nominee.\n- (a) details of the tier 1 defective work; and\n- (b) the effect of the director, secretary, influential person or nominee becoming a banned individual for the tier 1 defective work; and\n- (c) an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— (i) the company did not carry out the work stated in the notice; or (ii) the work carried out by the company was not tier 1 defective work; or (iii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or (iv) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.\n- (i) the company did not carry out the work stated in the notice; or\n- (ii) the work carried out by the company was not tier 1 defective work; or\n- (iii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or\n- (iv) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.\n- (i) the company did not carry out the work stated in the notice; or\n- (ii) the work carried out by the company was not tier 1 defective work; or\n- (iii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or\n- (iv) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.","sortOrder":220},{"sectionNumber":"sec.67AK","sectionType":"section","heading":"Ending procedure without further action","content":"### sec.67AK Ending procedure without further action\n\nThis section applies if, after considering submissions made by the director, secretary, influential person or nominee, the commission is satisfied that—\nthe company did not carry out the work stated in the notice; or\nthe work carried out by the company was not tier 1 defective work; or\nthe director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or\nthe director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.\nThe commission must, as soon as practicable, advise the director, secretary, influential person or nominee in writing that no further action under this part will be taken in relation to the notice given under section 67AJ (2) .\ns 67AK ins 2003 No. 1 s 33\namd 2013 No. 38 s 14 sch 1\n(sec.67AK-ssec.1) This section applies if, after considering submissions made by the director, secretary, influential person or nominee, the commission is satisfied that— the company did not carry out the work stated in the notice; or the work carried out by the company was not tier 1 defective work; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.\n(sec.67AK-ssec.2) The commission must, as soon as practicable, advise the director, secretary, influential person or nominee in writing that no further action under this part will be taken in relation to the notice given under section 67AJ (2) .\n- (a) the company did not carry out the work stated in the notice; or\n- (b) the work carried out by the company was not tier 1 defective work; or\n- (c) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; or\n- (d) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work.","sortOrder":221},{"sectionNumber":"sec.67AL","sectionType":"section","heading":"Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee","content":"### sec.67AL Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee\n\nFor a director, secretary, influential person or nominee who is a licensee, subsection (3) applies if, after considering the submissions made by the director, secretary, influential person or nominee for the notice under section 67AJ (2) , the commission—\nstill considers—\nthat the company carried out the work stated in the notice; and\nthat the work carried out was tier 1 defective work; and\nis not satisfied—\nthat the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\nthat the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective.\nSubsection (3) also applies if there are no submissions for the notice under section 67AJ (2) .\nThe commission must, by written notice given to the director, secretary, influential person or nominee—\ninform the director, secretary, influential person or nominee that the commission—\nstill considers—\nthat the company carried out the work stated in the notice; and\nthat the work carried out was tier 1 defective work; and\nis not satisfied—\nthat the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\nthat the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\ncancel the director’s, secretary’s, influential person’s or nominee’s licence; and\ninform the director, secretary, influential person or nominee—\nthat the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\nof the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\nhow, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\nany right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal.\nA director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\nA director, secretary, influential person or nominee given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\nSection 49 does not apply to a cancellation under subsection (3) .\ns 67AL ins 2003 No. 1 s 33\namd 2009 No. 24 s 1676 ; 2013 No. 38 s 14 sch 1\n(sec.67AL-ssec.1) For a director, secretary, influential person or nominee who is a licensee, subsection (3) applies if, after considering the submissions made by the director, secretary, influential person or nominee for the notice under section 67AJ (2) , the commission— still considers— that the company carried out the work stated in the notice; and that the work carried out was tier 1 defective work; and is not satisfied— that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective.\n(sec.67AL-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 67AJ (2) .\n(sec.67AL-ssec.3) The commission must, by written notice given to the director, secretary, influential person or nominee— inform the director, secretary, influential person or nominee that the commission— still considers— that the company carried out the work stated in the notice; and that the work carried out was tier 1 defective work; and is not satisfied— that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and cancel the director’s, secretary’s, influential person’s or nominee’s licence; and inform the director, secretary, influential person or nominee— that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n(sec.67AL-ssec.4) A director, secretary, influential person or nominee given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\n(sec.67AL-ssec.5) Section 49 does not apply to a cancellation under subsection (3) .\n- (a) still considers— (i) that the company carried out the work stated in the notice; and (ii) that the work carried out was tier 1 defective work; and\n- (i) that the company carried out the work stated in the notice; and\n- (ii) that the work carried out was tier 1 defective work; and\n- (b) is not satisfied— (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective.\n- (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective.\n- (i) that the company carried out the work stated in the notice; and\n- (ii) that the work carried out was tier 1 defective work; and\n- (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective.\n- (a) inform the director, secretary, influential person or nominee that the commission— (i) still considers— (A) that the company carried out the work stated in the notice; and (B) that the work carried out was tier 1 defective work; and (ii) is not satisfied— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (i) still considers— (A) that the company carried out the work stated in the notice; and (B) that the work carried out was tier 1 defective work; and\n- (A) that the company carried out the work stated in the notice; and\n- (B) that the work carried out was tier 1 defective work; and\n- (ii) is not satisfied— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (b) cancel the director’s, secretary’s, influential person’s or nominee’s licence; and\n- (c) inform the director, secretary, influential person or nominee— (i) that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and (ii) of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and (iii) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and (iv) any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. Note— A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n- (i) that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\n- (ii) of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\n- (iii) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\n- (iv) any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. Note— A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n- (i) still considers— (A) that the company carried out the work stated in the notice; and (B) that the work carried out was tier 1 defective work; and\n- (A) that the company carried out the work stated in the notice; and\n- (B) that the work carried out was tier 1 defective work; and\n- (ii) is not satisfied— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (A) that the company carried out the work stated in the notice; and\n- (B) that the work carried out was tier 1 defective work; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (i) that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\n- (ii) of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\n- (iii) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\n- (iv) any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. Note— A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .","sortOrder":222},{"sectionNumber":"sec.67AM","sectionType":"section","heading":"Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee","content":"### sec.67AM Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee\n\nFor a director, secretary, influential person or nominee who is not a licensee, subsection (3) applies if, after considering the submissions made by the director, secretary, influential person or nominee for the notice under section 67AJ (2) , the commission—\nstill considers—\nthat the company carried out the work stated in the notice; and\nthat the work carried out was tier 1 defective work; and\nis not satisfied—\nthat the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\nthat the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective.\nA nominee who is included in this provision as a person who was a licensed nominee when the company carried out the defective work may not be licensed when the notice is given.\nSubsection (3) also applies if there are no submissions for the notice under section 67AJ (2) .\nThe commission must, by written notice given to the director, secretary, influential person or nominee inform the director, secretary, influential person or nominee—\nthat the commission—\nstill considers—\nthat the company carried out the work stated in the notice; and\nthat the work carried out was tier 1 defective work; and\nis not satisfied—\nthat the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\nthat the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\nthat the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\nof the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\nhow, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\nany right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal.\nA director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\nA director, secretary, influential person or nominee given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\ns 67AM ins 2003 No. 1 s 33\namd 2009 No. 24 s 1677 ; 2013 No. 38 s 14 sch 1\n(sec.67AM-ssec.1) For a director, secretary, influential person or nominee who is not a licensee, subsection (3) applies if, after considering the submissions made by the director, secretary, influential person or nominee for the notice under section 67AJ (2) , the commission— still considers— that the company carried out the work stated in the notice; and that the work carried out was tier 1 defective work; and is not satisfied— that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective. A nominee who is included in this provision as a person who was a licensed nominee when the company carried out the defective work may not be licensed when the notice is given.\n(sec.67AM-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 67AJ (2) .\n(sec.67AM-ssec.3) The commission must, by written notice given to the director, secretary, influential person or nominee inform the director, secretary, influential person or nominee— that the commission— still considers— that the company carried out the work stated in the notice; and that the work carried out was tier 1 defective work; and is not satisfied— that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n(sec.67AM-ssec.4) A director, secretary, influential person or nominee given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\n- (a) still considers— (i) that the company carried out the work stated in the notice; and (ii) that the work carried out was tier 1 defective work; and\n- (i) that the company carried out the work stated in the notice; and\n- (ii) that the work carried out was tier 1 defective work; and\n- (b) is not satisfied— (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective.\n- (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective.\n- (i) that the company carried out the work stated in the notice; and\n- (ii) that the work carried out was tier 1 defective work; and\n- (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective.\n- (a) that the commission— (i) still considers— (A) that the company carried out the work stated in the notice; and (B) that the work carried out was tier 1 defective work; and (ii) is not satisfied— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (i) still considers— (A) that the company carried out the work stated in the notice; and (B) that the work carried out was tier 1 defective work; and\n- (A) that the company carried out the work stated in the notice; and\n- (B) that the work carried out was tier 1 defective work; and\n- (ii) is not satisfied— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (b) that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AO and stated in the notice; and\n- (c) of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\n- (d) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\n- (e) any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. Note— A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a banned individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (n) .\n- (i) still considers— (A) that the company carried out the work stated in the notice; and (B) that the work carried out was tier 1 defective work; and\n- (A) that the company carried out the work stated in the notice; and\n- (B) that the work carried out was tier 1 defective work; and\n- (ii) is not satisfied— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and\n- (A) that the company carried out the work stated in the notice; and\n- (B) that the work carried out was tier 1 defective work; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to the defective work; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the work carried out was not defective; and","sortOrder":223},{"sectionNumber":"sec.67AN","sectionType":"section","heading":"Notice by commission to company for which a banned individual is a director, secretary, influential person or nominee","content":"### sec.67AN Notice by commission to company for which a banned individual is a director, secretary, influential person or nominee\n\nThis section applies if the commission considers that a company that is a licensee has an individual who is a banned individual as a director or secretary of, or an influential person or nominee for, the company.\nThe commission must give the company a written notice stating—\nparticulars identifying the individual (the relevant individual ) the commission considers is a director or secretary of, or an influential person or nominee for, the company; and\nA company may have the commission’s decision reviewed under section 86 (1) (o) .\nthat the relevant individual must stop being a director, secretary, influential person or nominee within 28 days after the commission gives the company the written notice; and\nthe commission must cancel the company’s licence if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in paragraph (b) .\nThe commission must cancel the company’s licence by written notice given to the company if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in subsection (2) (b) .\nSection 49 does not apply to a cancellation under subsection (3) .\ns 67AN ins 2003 No. 1 s 33\namd 2013 No. 38 s 14 sch 1\n(sec.67AN-ssec.1) This section applies if the commission considers that a company that is a licensee has an individual who is a banned individual as a director or secretary of, or an influential person or nominee for, the company.\n(sec.67AN-ssec.2) The commission must give the company a written notice stating— particulars identifying the individual (the relevant individual ) the commission considers is a director or secretary of, or an influential person or nominee for, the company; and A company may have the commission’s decision reviewed under section 86 (1) (o) . that the relevant individual must stop being a director, secretary, influential person or nominee within 28 days after the commission gives the company the written notice; and the commission must cancel the company’s licence if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in paragraph (b) .\n(sec.67AN-ssec.3) The commission must cancel the company’s licence by written notice given to the company if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in subsection (2) (b) .\n(sec.67AN-ssec.4) Section 49 does not apply to a cancellation under subsection (3) .\n- (a) particulars identifying the individual (the relevant individual ) the commission considers is a director or secretary of, or an influential person or nominee for, the company; and Note— A company may have the commission’s decision reviewed under section 86 (1) (o) .\n- (b) that the relevant individual must stop being a director, secretary, influential person or nominee within 28 days after the commission gives the company the written notice; and\n- (c) the commission must cancel the company’s licence if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in paragraph (b) .","sortOrder":224},{"sectionNumber":"sec.67AO","sectionType":"section","heading":"Terms of bans","content":"### sec.67AO Terms of bans\n\nThis section states the term for which an individual given a notice under section 67AH , 67AI , 67AL or 67AM is taken not to be a fit and proper person for part 3 , division 2 (the term of ban ).\nOnly tier 1 defective work carried out after the commencement of this section may be taken into account in calculating the term of ban.\nThe term of ban for an individual given a notice for tier 1 defective work for the first time is 3 years.\nThe term of ban for an individual given a notice for tier 1 defective work a second time or subsequent time is the life of the individual.\nA notice may be given to an individual a second time or subsequent time under section 67AH , 67AI , 67AL or 67AM if—\na notice for tier 1 defective work has been given under one of the sections stating a ban of 3 years; and\nthe second or subsequent notice relates to tier 1 defective work carried out after the notice stating a ban of 3 years is given.\nIt is declared that, in deciding whether a notice for tier 1 defective work has been given to an individual a second time or subsequent time, a notice given to an individual for the first time under section 67AH , 67AI , 67AL or 67AM stating a ban of 3 years must be counted whether or not the individual has served the term of the ban.\nAn individual who is a licensee is given a notice under section 67AH for tier 1 defective work carried out by the individual. The notice informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for 3 years. After the notice under section 67AH is given, the individual carries out other tier 1 defective work. The commission may give the individual a second notice under section 67AH for the other tier 1 defective work whether or not the 3 years have passed. Also, it is the second notice under section 67AH that informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for the life of the individual.\nHowever, in deciding whether a notice for tier 1 defective work is given to an individual a second time or subsequent time, an earlier notice given to an individual under section 67AH , 67AI , 67AL or 67AM must not be counted if—\nthe earlier notice was given more than 10 years before the second or subsequent notice; or\nthe commission’s decision under the earlier notice was reversed or annulled on review by the tribunal.\nIn this section a reference to tier 1 defective work carried out is—\nfor an individual given notice under section 67AH (3) or 67AI (3) —a reference to tier 1 defective work carried out by the individual; or\nfor an individual given notice under section 67AL (3) or 67AM (3) —a reference to tier 1 defective work carried out by the company for which the individual was a director, secretary, influential person or nominee.\ns 67AO ins 2003 No. 1 s 33\namd 2013 No. 38 s 14 sch 1\n(sec.67AO-ssec.1) This section states the term for which an individual given a notice under section 67AH , 67AI , 67AL or 67AM is taken not to be a fit and proper person for part 3 , division 2 (the term of ban ).\n(sec.67AO-ssec.2) Only tier 1 defective work carried out after the commencement of this section may be taken into account in calculating the term of ban.\n(sec.67AO-ssec.3) The term of ban for an individual given a notice for tier 1 defective work for the first time is 3 years.\n(sec.67AO-ssec.4) The term of ban for an individual given a notice for tier 1 defective work a second time or subsequent time is the life of the individual.\n(sec.67AO-ssec.5) A notice may be given to an individual a second time or subsequent time under section 67AH , 67AI , 67AL or 67AM if— a notice for tier 1 defective work has been given under one of the sections stating a ban of 3 years; and the second or subsequent notice relates to tier 1 defective work carried out after the notice stating a ban of 3 years is given.\n(sec.67AO-ssec.6) It is declared that, in deciding whether a notice for tier 1 defective work has been given to an individual a second time or subsequent time, a notice given to an individual for the first time under section 67AH , 67AI , 67AL or 67AM stating a ban of 3 years must be counted whether or not the individual has served the term of the ban. An individual who is a licensee is given a notice under section 67AH for tier 1 defective work carried out by the individual. The notice informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for 3 years. After the notice under section 67AH is given, the individual carries out other tier 1 defective work. The commission may give the individual a second notice under section 67AH for the other tier 1 defective work whether or not the 3 years have passed. Also, it is the second notice under section 67AH that informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for the life of the individual.\n(sec.67AO-ssec.7) However, in deciding whether a notice for tier 1 defective work is given to an individual a second time or subsequent time, an earlier notice given to an individual under section 67AH , 67AI , 67AL or 67AM must not be counted if— the earlier notice was given more than 10 years before the second or subsequent notice; or the commission’s decision under the earlier notice was reversed or annulled on review by the tribunal.\n(sec.67AO-ssec.8) In this section a reference to tier 1 defective work carried out is— for an individual given notice under section 67AH (3) or 67AI (3) —a reference to tier 1 defective work carried out by the individual; or for an individual given notice under section 67AL (3) or 67AM (3) —a reference to tier 1 defective work carried out by the company for which the individual was a director, secretary, influential person or nominee.\n- (a) a notice for tier 1 defective work has been given under one of the sections stating a ban of 3 years; and\n- (b) the second or subsequent notice relates to tier 1 defective work carried out after the notice stating a ban of 3 years is given.\n- (a) the earlier notice was given more than 10 years before the second or subsequent notice; or\n- (b) the commission’s decision under the earlier notice was reversed or annulled on review by the tribunal.\n- (a) for an individual given notice under section 67AH (3) or 67AI (3) —a reference to tier 1 defective work carried out by the individual; or\n- (b) for an individual given notice under section 67AL (3) or 67AM (3) —a reference to tier 1 defective work carried out by the company for which the individual was a director, secretary, influential person or nominee.","sortOrder":225},{"sectionNumber":"sec.67AP","sectionType":"section","heading":null,"content":"### Section sec.67AP\n\ns 67AP ins 2003 No. 1 s 33\namd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 1678 ; 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 25","sortOrder":226},{"sectionNumber":"pt.3E","sectionType":"part","heading":"Disqualified individuals","content":"# Disqualified individuals","sortOrder":227},{"sectionNumber":"pt.3E-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":228},{"sectionNumber":"sec.67AQ","sectionType":"section","heading":"Definitions for pt 3E","content":"### sec.67AQ Definitions for pt 3E\n\nIn this part—\naccumulate —\nA person accumulates a demerit point when the demerit point takes effect if it is subsequently allocated to the person.\nadministering authority see the State Penalties Enforcement Act 1999 , schedule 2 .\nbuilding contract see section 67AAA .\ns 67AQ def building contract ins 2004 No. 6 s 113 sch 1\nconviction , of a person for a demerit offence, includes the following in relation to the offence—\na court finding the person guilty or accepting the person’s plea of guilty, whether or not a conviction is recorded;\nthe person paying a fine under an infringement notice, in full;\nthe person paying the first instalment of a fine under an infringement notice;\nthe registration by the registrar of a default certificate for an infringement notice given to the person;\na decision of the commission to take disciplinary action against the person if the disciplinary action has taken effect under section 74G .\ns 67AQ def conviction amd 2007 No. 47 s 35 ; 2009 No. 24 s 1679 ; 2014 No. 57 s 26\ndefault certificate see the State Penalties Enforcement Act 1999 , schedule 2 .\ndemerit matter means—\na conviction for a demerit offence; or\nan unsatisfied judgment debt.\ndemerit offence see section 67AR .\ndemerit points means demerit points allocated by the commission under this part for a demerit matter.\ns 67AQ def demerit points amd 2013 No. 38 s 14 sch 1\ndisqualified individual see section 67AU .\ninfringement notice see the State Penalties Enforcement Act 1999 , schedule 2 .\njudgment debt see section 67AS .\nperiod of 3 years , in relation to the accumulation of demerit points, means a period of 3 years or less.\nregistrar see the State Penalties Enforcement Act 1999 , schedule 2 .\nSPER see the State Penalties Enforcement Act 1999 , schedule 2 .\nunsatisfied , in relation to a judgment debt, see section 67AT .\ns 67AQ ins 2003 No. 1 s 34\n- (a) a court finding the person guilty or accepting the person’s plea of guilty, whether or not a conviction is recorded;\n- (b) the person paying a fine under an infringement notice, in full;\n- (c) the person paying the first instalment of a fine under an infringement notice;\n- (d) the registration by the registrar of a default certificate for an infringement notice given to the person;\n- (e) a decision of the commission to take disciplinary action against the person if the disciplinary action has taken effect under section 74G .\n- (a) a conviction for a demerit offence; or\n- (b) an unsatisfied judgment debt.","sortOrder":229},{"sectionNumber":"sec.67AR","sectionType":"section","heading":"Meaning of demerit offence","content":"### sec.67AR Meaning of demerit offence\n\nA demerit offence is—\nan offence against a provision prescribed by regulation; or\na contravention of a requirement imposed under this Act and prescribed by regulation.\ns 67AR ins 2003 No. 1 s 34\namd 2004 No. 6 s 113 sch 1 ; 2007 No. 47 s 36\nsub 2014 No. 57 s 27\n- (a) an offence against a provision prescribed by regulation; or\n- (b) a contravention of a requirement imposed under this Act and prescribed by regulation.","sortOrder":230},{"sectionNumber":"sec.67AS","sectionType":"section","heading":"Meaning of judgment debt","content":"### sec.67AS Meaning of judgment debt\n\nA judgment debt is the amount, for which judgment has been entered in a court of competent jurisdiction, owing by a building contractor—\nin relation to a building contract or a domestic building contract; or\nfor goods or services supplied for—\nbuilding work to be carried out under a building contract; or\ndomestic building work to be carried out under a domestic building contract; or\nto the commission for a claim under the statutory insurance scheme.\nJudgment must be entered after the commencement of this section.\nHowever, the circumstances giving rise to the judgment debt may have arisen before the commencement of this section.\ns 67AS ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n(sec.67AS-ssec.1) A judgment debt is the amount, for which judgment has been entered in a court of competent jurisdiction, owing by a building contractor— in relation to a building contract or a domestic building contract; or for goods or services supplied for— building work to be carried out under a building contract; or domestic building work to be carried out under a domestic building contract; or to the commission for a claim under the statutory insurance scheme.\n(sec.67AS-ssec.2) Judgment must be entered after the commencement of this section.\n(sec.67AS-ssec.3) However, the circumstances giving rise to the judgment debt may have arisen before the commencement of this section.\n- (a) in relation to a building contract or a domestic building contract; or\n- (b) for goods or services supplied for— (i) building work to be carried out under a building contract; or (ii) domestic building work to be carried out under a domestic building contract; or\n- (i) building work to be carried out under a building contract; or\n- (ii) domestic building work to be carried out under a domestic building contract; or\n- (c) to the commission for a claim under the statutory insurance scheme.\n- (i) building work to be carried out under a building contract; or\n- (ii) domestic building work to be carried out under a domestic building contract; or","sortOrder":231},{"sectionNumber":"sec.67AT","sectionType":"section","heading":"Meaning of unsatisfied judgment debt","content":"### sec.67AT Meaning of unsatisfied judgment debt\n\nA judgment debt is unsatisfied if it has not been paid in full within—\n28 days after judgment is entered; or\nif a longer period is allowed by the court for payment—the longer period.\nA judgment debt is not unsatisfied if the judgment creditor has accepted and been paid an amount in full and final settlement within the relevant period mentioned in subsection (1) .\ns 67AT ins 2003 No. 1 s 34\n(sec.67AT-ssec.1) A judgment debt is unsatisfied if it has not been paid in full within— 28 days after judgment is entered; or if a longer period is allowed by the court for payment—the longer period.\n(sec.67AT-ssec.2) A judgment debt is not unsatisfied if the judgment creditor has accepted and been paid an amount in full and final settlement within the relevant period mentioned in subsection (1) .\n- (a) 28 days after judgment is entered; or\n- (b) if a longer period is allowed by the court for payment—the longer period.","sortOrder":232},{"sectionNumber":"sec.67AU","sectionType":"section","heading":"Disqualified individual","content":"### sec.67AU Disqualified individual\n\nAn individual is a disqualified individual if the individual is given notice under this part that the individual is taken not to be a fit and proper person for part 3 , division 2 .\nThe individual continues to be a disqualified individual for the term calculated under this part and stated in the notice.\ns 67AU ins 2003 No. 1 s 34\n(sec.67AU-ssec.1) An individual is a disqualified individual if the individual is given notice under this part that the individual is taken not to be a fit and proper person for part 3 , division 2 .\n(sec.67AU-ssec.2) The individual continues to be a disqualified individual for the term calculated under this part and stated in the notice.","sortOrder":233},{"sectionNumber":"sec.67AV","sectionType":"section","heading":"Operation of pt 3E","content":"### sec.67AV Operation of pt 3E\n\nThis part has effect despite anything in part 3 , but does not apply to—\na fire protection occupational licence; or\na mechanical services occupational licence.\ns 67AV ins 2003 No. 1 s 34\namd 2007 No. 47 s 37 ; 2018 No. 17 s 192 ; 2020 No. 24 s 145\n- (a) a fire protection occupational licence; or\n- (b) a mechanical services occupational licence.","sortOrder":234},{"sectionNumber":"pt.3E-div.2","sectionType":"division","heading":"Calculation of demerit points and notification of unsatisfied judgment debts","content":"## Calculation of demerit points and notification of unsatisfied judgment debts","sortOrder":235},{"sectionNumber":"sec.67AW","sectionType":"section","heading":"Demerit points for demerit matters","content":"### sec.67AW Demerit points for demerit matters\n\nThis section applies to a person who—\nhas a conviction for a demerit offence; or\nis a judgment debtor for an unsatisfied judgment debt.\nThe commission must allocate demerit points under this part to the person as follows—\nfor a conviction for a demerit offence—the number of points allocated to the offence under a regulation;\nfor an unsatisfied judgment debt—10 points.\nThis section is subject to section 67AZB .\ns 67AW ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 28\n(sec.67AW-ssec.1) This section applies to a person who— has a conviction for a demerit offence; or is a judgment debtor for an unsatisfied judgment debt.\n(sec.67AW-ssec.2) The commission must allocate demerit points under this part to the person as follows— for a conviction for a demerit offence—the number of points allocated to the offence under a regulation; for an unsatisfied judgment debt—10 points.\n(sec.67AW-ssec.3) This section is subject to section 67AZB .\n- (a) has a conviction for a demerit offence; or\n- (b) is a judgment debtor for an unsatisfied judgment debt.\n- (a) for a conviction for a demerit offence—the number of points allocated to the offence under a regulation;\n- (b) for an unsatisfied judgment debt—10 points.","sortOrder":236},{"sectionNumber":"sec.67AX","sectionType":"section","heading":"When demerit points allocated for demerit offences","content":"### sec.67AX When demerit points allocated for demerit offences\n\nThe commission must allocate demerit points to a person for a conviction for a demerit offence as soon as practicable after the points take effect.\nDemerit points for a conviction for a demerit offence take effect—\nif a court finds a person guilty—on the day after the last day on which the person may appeal the finding; or\nif a court accepts a person’s plea of guilty—on the day the plea is accepted; or\nif a person pays the fine under an infringement notice, in full—on the day the fine is paid; or\nif a person applies to the administering authority to pay the fine under an infringement notice, by instalments—on the day the administering authority receives the first instalment; or\nif the administering authority gives a default certificate to SPER for registration—on the day the default certificate is registered; or\nif the commission decides to take disciplinary action against the person—on the day the disciplinary action takes effect under section 74G .\nHowever, if a conviction for a demerit offence is appealed, demerit points for the conviction must not be allocated until the appeal is finally dealt with or withdrawn.\nAlso, if a conviction for a demerit offence is appealed and after the appeal there is no conviction, demerit points stop having effect.\nIn this section—\nappeal includes a review of a decision of the commission by the tribunal under section 86 .\ns 67AX ins 2003 No. 1 s 34\namd 2007 No. 47 s 38 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 29\n(sec.67AX-ssec.1) The commission must allocate demerit points to a person for a conviction for a demerit offence as soon as practicable after the points take effect.\n(sec.67AX-ssec.2) Demerit points for a conviction for a demerit offence take effect— if a court finds a person guilty—on the day after the last day on which the person may appeal the finding; or if a court accepts a person’s plea of guilty—on the day the plea is accepted; or if a person pays the fine under an infringement notice, in full—on the day the fine is paid; or if a person applies to the administering authority to pay the fine under an infringement notice, by instalments—on the day the administering authority receives the first instalment; or if the administering authority gives a default certificate to SPER for registration—on the day the default certificate is registered; or if the commission decides to take disciplinary action against the person—on the day the disciplinary action takes effect under section 74G .\n(sec.67AX-ssec.3) However, if a conviction for a demerit offence is appealed, demerit points for the conviction must not be allocated until the appeal is finally dealt with or withdrawn.\n(sec.67AX-ssec.4) Also, if a conviction for a demerit offence is appealed and after the appeal there is no conviction, demerit points stop having effect.\n(sec.67AX-ssec.5) In this section— appeal includes a review of a decision of the commission by the tribunal under section 86 .\n- (a) if a court finds a person guilty—on the day after the last day on which the person may appeal the finding; or\n- (b) if a court accepts a person’s plea of guilty—on the day the plea is accepted; or\n- (c) if a person pays the fine under an infringement notice, in full—on the day the fine is paid; or\n- (d) if a person applies to the administering authority to pay the fine under an infringement notice, by instalments—on the day the administering authority receives the first instalment; or\n- (e) if the administering authority gives a default certificate to SPER for registration—on the day the default certificate is registered; or\n- (f) if the commission decides to take disciplinary action against the person—on the day the disciplinary action takes effect under section 74G .","sortOrder":237},{"sectionNumber":"sec.67AY","sectionType":"section","heading":"When demerit points allocated for unsatisfied judgment debts","content":"### sec.67AY When demerit points allocated for unsatisfied judgment debts\n\nThe commission must allocate demerit points to a person for an unsatisfied judgment debt as soon as practicable after the points take effect.\nDemerit points take effect when the judgment debt becomes an unsatisfied judgment debt.\nHowever, if a decision relating to a judgment is appealed or an application is made to set the judgment aside, demerit points must not be allocated for the unsatisfied judgment debt until the appeal or application is finally dealt with or withdrawn.\nAlso, if a decision relating to a judgment is appealed or an application is made to set the judgment aside and after the appeal or application there is no unsatisfied judgment debt, demerit points stop having effect.\ns 67AY ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n(sec.67AY-ssec.1) The commission must allocate demerit points to a person for an unsatisfied judgment debt as soon as practicable after the points take effect.\n(sec.67AY-ssec.2) Demerit points take effect when the judgment debt becomes an unsatisfied judgment debt.\n(sec.67AY-ssec.3) However, if a decision relating to a judgment is appealed or an application is made to set the judgment aside, demerit points must not be allocated for the unsatisfied judgment debt until the appeal or application is finally dealt with or withdrawn.\n(sec.67AY-ssec.4) Also, if a decision relating to a judgment is appealed or an application is made to set the judgment aside and after the appeal or application there is no unsatisfied judgment debt, demerit points stop having effect.","sortOrder":238},{"sectionNumber":"sec.67AZ","sectionType":"section","heading":"Judgment debtor must notify unsatisfied judgment debt","content":"### sec.67AZ Judgment debtor must notify unsatisfied judgment debt\n\nA judgment debtor for a judgment debt must notify the commission within 14 days after the judgment debt becomes an unsatisfied judgment debt.\nMaximum penalty—40 penalty units.\nNotification under subsection (1) must include the following—\nparticulars of the debt;\nthe name and address of the judgment debtor;\nthe name and address of the judgment creditor;\nthe date judgment was entered and the amount for which it was entered;\nthe court in which it was entered;\nthe number of the proceeding for which it was entered sufficient to allow a search of the court registry;\ndetails of any payments made to reduce the judgment debt.\ns 67AZ ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n(sec.67AZ-ssec.1) A judgment debtor for a judgment debt must notify the commission within 14 days after the judgment debt becomes an unsatisfied judgment debt. Maximum penalty—40 penalty units.\n(sec.67AZ-ssec.2) Notification under subsection (1) must include the following— particulars of the debt; the name and address of the judgment debtor; the name and address of the judgment creditor; the date judgment was entered and the amount for which it was entered; the court in which it was entered; the number of the proceeding for which it was entered sufficient to allow a search of the court registry; details of any payments made to reduce the judgment debt.\n- (a) particulars of the debt;\n- (b) the name and address of the judgment debtor;\n- (c) the name and address of the judgment creditor;\n- (d) the date judgment was entered and the amount for which it was entered;\n- (e) the court in which it was entered;\n- (f) the number of the proceeding for which it was entered sufficient to allow a search of the court registry;\n- (g) details of any payments made to reduce the judgment debt.","sortOrder":239},{"sectionNumber":"sec.67AZA","sectionType":"section","heading":"Commission must notify person about demerit points","content":"### sec.67AZA Commission must notify person about demerit points\n\nSubsection (2) applies if the commission allocates demerit points to a person.\nThe commission must, as soon as practicable after the demerit points are allocated, notify the person in writing of—\nthe demerit points allocated; and\nthe demerit matters for which they were allocated; and\nthe date the points took effect.\ns 67AZA ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n(sec.67AZA-ssec.1) Subsection (2) applies if the commission allocates demerit points to a person.\n(sec.67AZA-ssec.2) The commission must, as soon as practicable after the demerit points are allocated, notify the person in writing of— the demerit points allocated; and the demerit matters for which they were allocated; and the date the points took effect.\n- (a) the demerit points allocated; and\n- (b) the demerit matters for which they were allocated; and\n- (c) the date the points took effect.","sortOrder":240},{"sectionNumber":"sec.67AZAA","sectionType":"section","heading":null,"content":"### Section sec.67AZAA\n\ns 67AZAA ins 2017 No. 43 s 274\nom 2018 No. 17 s 192A","sortOrder":241},{"sectionNumber":"sec.67AZB","sectionType":"section","heading":"Limit on demerit points from single audit","content":"### sec.67AZB Limit on demerit points from single audit\n\nThis section applies if a licensee is convicted of demerit offences discovered by the commission as a result of a written notice given to a licensee under section 50C (2) .\nThe maximum demerit points that may be allocated to the licensee for the convictions for the demerit offences is 20.\nNothing in this section prevents more demerit points being allocated to the licensee for convictions for demerit offences discovered by the commission as a result of a later written notice given under section 50C (2) .\nHowever, more demerit points must not be allocated—\nif the earlier notice and the later notice relate to—\nthe same audit under an approved audit program; or\ninformation received by the commission from the same source; or\nfor convictions for demerit offences discovered by the commission as a result of a later notice if the offences—\nwere committed before an earlier notice; and\ndemerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.\nIn this section—\napproved audit program includes an approved audit program under the Building Industry Fairness (Security of Payment) Act 2017 .\ns 67AZB ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 30 ; 2020 No. 24 s 129\n(sec.67AZB-ssec.1) This section applies if a licensee is convicted of demerit offences discovered by the commission as a result of a written notice given to a licensee under section 50C (2) .\n(sec.67AZB-ssec.2) The maximum demerit points that may be allocated to the licensee for the convictions for the demerit offences is 20.\n(sec.67AZB-ssec.3) Nothing in this section prevents more demerit points being allocated to the licensee for convictions for demerit offences discovered by the commission as a result of a later written notice given under section 50C (2) .\n(sec.67AZB-ssec.4) However, more demerit points must not be allocated— if the earlier notice and the later notice relate to— the same audit under an approved audit program; or information received by the commission from the same source; or for convictions for demerit offences discovered by the commission as a result of a later notice if the offences— were committed before an earlier notice; and demerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.\n(sec.67AZB-ssec.5) In this section— approved audit program includes an approved audit program under the Building Industry Fairness (Security of Payment) Act 2017 .\n- (a) if the earlier notice and the later notice relate to— (i) the same audit under an approved audit program; or (ii) information received by the commission from the same source; or\n- (i) the same audit under an approved audit program; or\n- (ii) information received by the commission from the same source; or\n- (b) for convictions for demerit offences discovered by the commission as a result of a later notice if the offences— (i) were committed before an earlier notice; and (ii) demerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.\n- (i) were committed before an earlier notice; and\n- (ii) demerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.\n- (i) the same audit under an approved audit program; or\n- (ii) information received by the commission from the same source; or\n- (i) were committed before an earlier notice; and\n- (ii) demerit offences were discovered as a result of the earlier notice and resulted in the allocation of demerit points.","sortOrder":242},{"sectionNumber":"pt.3E-div.3","sectionType":"division","heading":"Licence exclusion and cancellation","content":"## Licence exclusion and cancellation","sortOrder":243},{"sectionNumber":"sec.67AZC","sectionType":"section","heading":"Exclusion from licence","content":"### sec.67AZC Exclusion from licence\n\nThe commission must not grant a person a licence if the person is—\na disqualified individual; or\na company for which a disqualified individual is a director, secretary, influential person or nominee.\ns 67AZC ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n- (a) a disqualified individual; or\n- (b) a company for which a disqualified individual is a director, secretary, influential person or nominee.","sortOrder":244},{"sectionNumber":"sec.67AZD","sectionType":"section","heading":"Procedure if commission considers individual has accumulated 30 demerit points","content":"### sec.67AZD Procedure if commission considers individual has accumulated 30 demerit points\n\nThis section applies if the commission considers that an individual has accumulated 30 demerit points in a period of 3 years.\nThe commission must give the individual a written notice stating—\ndetails of the demerit matters for which the demerit points have accumulated and the dates the points took effect; and\nthe effect of the individual becoming a disqualified individual for accumulating 30 demerit points in a period of 3 years; and\nan invitation to the individual to make written submissions, within a stated period, to satisfy the commission that the individual has not accumulated 30 demerit points in a period of 3 years.\nThe stated period must be at least 28 days after the written notice is given to the individual.\nThe commission must consider any submissions made by the individual.\nIn deciding whether an individual has accumulated 30 demerit points in a period of 3 years, demerit points must not be counted for an unsatisfied judgment debt paid in full before the end of the stated period.\ns 67AZD ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n(sec.67AZD-ssec.1) This section applies if the commission considers that an individual has accumulated 30 demerit points in a period of 3 years.\n(sec.67AZD-ssec.2) The commission must give the individual a written notice stating— details of the demerit matters for which the demerit points have accumulated and the dates the points took effect; and the effect of the individual becoming a disqualified individual for accumulating 30 demerit points in a period of 3 years; and an invitation to the individual to make written submissions, within a stated period, to satisfy the commission that the individual has not accumulated 30 demerit points in a period of 3 years.\n(sec.67AZD-ssec.3) The stated period must be at least 28 days after the written notice is given to the individual.\n(sec.67AZD-ssec.4) The commission must consider any submissions made by the individual.\n(sec.67AZD-ssec.5) In deciding whether an individual has accumulated 30 demerit points in a period of 3 years, demerit points must not be counted for an unsatisfied judgment debt paid in full before the end of the stated period.\n- (a) details of the demerit matters for which the demerit points have accumulated and the dates the points took effect; and\n- (b) the effect of the individual becoming a disqualified individual for accumulating 30 demerit points in a period of 3 years; and\n- (c) an invitation to the individual to make written submissions, within a stated period, to satisfy the commission that the individual has not accumulated 30 demerit points in a period of 3 years.","sortOrder":245},{"sectionNumber":"sec.67AZE","sectionType":"section","heading":"Ending procedure without further action","content":"### sec.67AZE Ending procedure without further action\n\nThis section applies if, after considering submissions made by the individual, the commission is satisfied the individual has not accumulated 30 demerit points in a period of 3 years.\nThe commission must, as soon as practicable, advise the individual in writing that no further action under this part will be taken in relation to the notice given under section 67AZD (2) .\ns 67AZE ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n(sec.67AZE-ssec.1) This section applies if, after considering submissions made by the individual, the commission is satisfied the individual has not accumulated 30 demerit points in a period of 3 years.\n(sec.67AZE-ssec.2) The commission must, as soon as practicable, advise the individual in writing that no further action under this part will be taken in relation to the notice given under section 67AZD (2) .","sortOrder":246},{"sectionNumber":"sec.67AZF","sectionType":"section","heading":"Notice of cancellation and that not a fit and proper person to individual who is a licensee","content":"### sec.67AZF Notice of cancellation and that not a fit and proper person to individual who is a licensee\n\nFor an individual who is a licensee, subsection (3) applies if, after considering submissions made by the individual for the notice under section 67AZD (2) , the commission still considers that the individual has accumulated 30 demerit points in a period of 3 years.\nSubsection (3) also applies if there are no submissions for the notice under section 67AZD (2) .\nThe commission must, by written notice given to the individual—\ninform the individual that the commission still considers the individual has accumulated 30 demerit points in a period of 3 years; and\ncancel the individual’s licence; and\ninform the individual—\nthat the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and\nof the individual’s right to apply to the tribunal for a review of the commission’s decision; and\nhow, and the period within which, the individual may apply to the tribunal for the review; and\nany right the individual has to have the operation of the commission’s decision stayed by the tribunal.\nAn individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\nAn individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\nSection 49 does not apply to a cancellation under subsection (3) .\ns 67AZF ins 2003 No. 1 s 34\namd 2009 No. 24 s 1680 ; 2013 No. 38 s 14 sch 1\n(sec.67AZF-ssec.1) For an individual who is a licensee, subsection (3) applies if, after considering submissions made by the individual for the notice under section 67AZD (2) , the commission still considers that the individual has accumulated 30 demerit points in a period of 3 years.\n(sec.67AZF-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 67AZD (2) .\n(sec.67AZF-ssec.3) The commission must, by written notice given to the individual— inform the individual that the commission still considers the individual has accumulated 30 demerit points in a period of 3 years; and cancel the individual’s licence; and inform the individual— that the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and of the individual’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the individual may apply to the tribunal for the review; and any right the individual has to have the operation of the commission’s decision stayed by the tribunal. An individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\n(sec.67AZF-ssec.4) An individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\n(sec.67AZF-ssec.5) Section 49 does not apply to a cancellation under subsection (3) .\n- (a) inform the individual that the commission still considers the individual has accumulated 30 demerit points in a period of 3 years; and\n- (b) cancel the individual’s licence; and\n- (c) inform the individual— (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and (iii) how, and the period within which, the individual may apply to the tribunal for the review; and (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\n- (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and\n- (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and\n- (iii) how, and the period within which, the individual may apply to the tribunal for the review; and\n- (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\n- (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and\n- (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and\n- (iii) how, and the period within which, the individual may apply to the tribunal for the review; and\n- (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .","sortOrder":247},{"sectionNumber":"sec.67AZG","sectionType":"section","heading":null,"content":"### Section sec.67AZG\n\ns 67AZG ins 2003 No. 1 s 34\namd 2009 No. 24 s 1681 ; 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 31","sortOrder":248},{"sectionNumber":"sec.67AZH","sectionType":"section","heading":"Notice by commission to director, secretary, influential person or nominee about demerit points","content":"### sec.67AZH Notice by commission to director, secretary, influential person or nominee about demerit points\n\nThis section applies if the commission considers that a company has accumulated 30 demerit points in a period of 3 years.\nThe commission may give an individual who was a director or secretary of, or an influential person or nominee for, the company at the times the 30 demerit points were accumulated, a written notice stating—\ndetails of the demerit matters for which the demerit points have accumulated and the dates the points took effect; and\nthe effect of the director, secretary, influential person or nominee becoming a disqualified individual because the company has accumulated 30 demerit points in a period of 3 years; and\nan invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that—\nthe company has not accumulated 30 demerit points in a period of 3 years; or\nthe director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or\nthe director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated.\nThe stated period must be at least 28 days after the written notice is given to the director, secretary, influential person or nominee.\nThe commission must consider any submissions made by the director, secretary, influential person or nominee.\nIn deciding whether a company has accumulated 30 demerit points in a period of 3 years, demerit points must not be counted for an unsatisfied judgment debt paid in full before the end of the stated period.\ns 67AZH ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n(sec.67AZH-ssec.1) This section applies if the commission considers that a company has accumulated 30 demerit points in a period of 3 years.\n(sec.67AZH-ssec.2) The commission may give an individual who was a director or secretary of, or an influential person or nominee for, the company at the times the 30 demerit points were accumulated, a written notice stating— details of the demerit matters for which the demerit points have accumulated and the dates the points took effect; and the effect of the director, secretary, influential person or nominee becoming a disqualified individual because the company has accumulated 30 demerit points in a period of 3 years; and an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— the company has not accumulated 30 demerit points in a period of 3 years; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated.\n(sec.67AZH-ssec.3) The stated period must be at least 28 days after the written notice is given to the director, secretary, influential person or nominee.\n(sec.67AZH-ssec.4) The commission must consider any submissions made by the director, secretary, influential person or nominee.\n(sec.67AZH-ssec.5) In deciding whether a company has accumulated 30 demerit points in a period of 3 years, demerit points must not be counted for an unsatisfied judgment debt paid in full before the end of the stated period.\n- (a) details of the demerit matters for which the demerit points have accumulated and the dates the points took effect; and\n- (b) the effect of the director, secretary, influential person or nominee becoming a disqualified individual because the company has accumulated 30 demerit points in a period of 3 years; and\n- (c) an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— (i) the company has not accumulated 30 demerit points in a period of 3 years; or (ii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or (iii) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated.\n- (i) the company has not accumulated 30 demerit points in a period of 3 years; or\n- (ii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or\n- (iii) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated.\n- (i) the company has not accumulated 30 demerit points in a period of 3 years; or\n- (ii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or\n- (iii) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated.","sortOrder":249},{"sectionNumber":"sec.67AZI","sectionType":"section","heading":"Ending procedure without further action","content":"### sec.67AZI Ending procedure without further action\n\nThis section applies if, after considering submissions made by the director, secretary, influential person or nominee, the commission is satisfied that—\nthe company has not accumulated 30 demerit points in a period of 3 years; or\nthe director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the demerit matters for which the demerit points accumulated did not happen; or\nthe director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the demerit matters for which the demerit points accumulated.\nThe commission must, as soon as practicable, advise the director, secretary, influential person or nominee in writing that no further action under this part will be taken in relation to the notice given under section 67AZH (2) .\nHowever, subsection (2) does not apply if at least 30 demerit points remain after taking into account the demerit matters mentioned in subsection (1) (b) and (c) .\ns 67AZI ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n(sec.67AZI-ssec.1) This section applies if, after considering submissions made by the director, secretary, influential person or nominee, the commission is satisfied that— the company has not accumulated 30 demerit points in a period of 3 years; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the demerit matters for which the demerit points accumulated did not happen; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the demerit matters for which the demerit points accumulated.\n(sec.67AZI-ssec.2) The commission must, as soon as practicable, advise the director, secretary, influential person or nominee in writing that no further action under this part will be taken in relation to the notice given under section 67AZH (2) .\n(sec.67AZI-ssec.3) However, subsection (2) does not apply if at least 30 demerit points remain after taking into account the demerit matters mentioned in subsection (1) (b) and (c) .\n- (a) the company has not accumulated 30 demerit points in a period of 3 years; or\n- (b) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the demerit matters for which the demerit points accumulated did not happen; or\n- (c) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the demerit matters for which the demerit points accumulated.","sortOrder":250},{"sectionNumber":"sec.67AZJ","sectionType":"section","heading":"Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee","content":"### sec.67AZJ Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee\n\nFor a director, secretary, influential person or nominee who is a licensee, subsection (3) applies if, after considering the submissions made by the director, secretary, influential person or nominee for the notice under section 67AZH (2) , the commission—\nstill considers that the company has accumulated 30 demerit points in a period of 3 years; and\nis not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated—\nthat the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\nthat the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\nSubsection (3) also applies if there are no submissions for the notice under section 67AZH (2) .\nThe commission must, by written notice given to the director, secretary, influential person or nominee—\ninform the director, secretary, influential person or nominee that the commission—\nstill considers that the company has accumulated 30 demerit points in a period of 3 years; and\nis not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated—\nthat the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\nthat the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\ncancel the director’s, secretary’s, influential person’s or nominee’s licence; and\ninform the director, secretary, influential person or nominee—\nthat the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AZM and stated in the notice; and\nof the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\nhow, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\nany right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal.\nA director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\nA director, secretary, influential person or nominee given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\nSection 49 does not apply to a cancellation under subsection (3) .\ns 67AZJ ins 2003 No. 1 s 34\namd 2009 No. 24 s 1682 ; 2013 No. 38 s 14 sch 1\n(sec.67AZJ-ssec.1) For a director, secretary, influential person or nominee who is a licensee, subsection (3) applies if, after considering the submissions made by the director, secretary, influential person or nominee for the notice under section 67AZH (2) , the commission— still considers that the company has accumulated 30 demerit points in a period of 3 years; and is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\n(sec.67AZJ-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 67AZH (2) .\n(sec.67AZJ-ssec.3) The commission must, by written notice given to the director, secretary, influential person or nominee— inform the director, secretary, influential person or nominee that the commission— still considers that the company has accumulated 30 demerit points in a period of 3 years; and is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and cancel the director’s, secretary’s, influential person’s or nominee’s licence; and inform the director, secretary, influential person or nominee— that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AZM and stated in the notice; and of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\n(sec.67AZJ-ssec.4) A director, secretary, influential person or nominee given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\n(sec.67AZJ-ssec.5) Section 49 does not apply to a cancellation under subsection (3) .\n- (a) still considers that the company has accumulated 30 demerit points in a period of 3 years; and\n- (b) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\n- (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\n- (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\n- (a) inform the director, secretary, influential person or nominee that the commission— (i) still considers that the company has accumulated 30 demerit points in a period of 3 years; and (ii) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (i) still considers that the company has accumulated 30 demerit points in a period of 3 years; and\n- (ii) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (b) cancel the director’s, secretary’s, influential person’s or nominee’s licence; and\n- (c) inform the director, secretary, influential person or nominee— (i) that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AZM and stated in the notice; and (ii) of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and (iii) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and (iv) any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. Note— A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\n- (i) that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AZM and stated in the notice; and\n- (ii) of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\n- (iii) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\n- (iv) any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. Note— A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\n- (i) still considers that the company has accumulated 30 demerit points in a period of 3 years; and\n- (ii) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (i) that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AZM and stated in the notice; and\n- (ii) of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\n- (iii) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\n- (iv) any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. Note— A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .","sortOrder":251},{"sectionNumber":"sec.67AZK","sectionType":"section","heading":"Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee","content":"### sec.67AZK Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee\n\nFor a director, secretary, influential person or nominee who is not a licensee, subsection (3) applies if, after considering the submissions made by the director, secretary, influential person or nominee for the notice under section 67AZH (2) , the commission—\nstill considers that the company has accumulated 30 demerit points in a period of 3 years; and\nis not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated—\nthat the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\nthat the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\nSubsection (3) also applies if there are no submissions for the notice under section 67AZH (2) .\nThe commission must, by written notice given to the director, secretary, influential person or nominee inform the director, secretary, influential person or nominee—\nthat the commission—\nstill considers that the company has accumulated 30 demerit points in a period of 3 years; and\nis not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated—\nthat the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\nthat the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\nthat the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AZM and stated in the notice; and\nof the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\nhow, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\nany right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal.\nA director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\nA director, secretary, influential person or nominee given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\ns 67AZK ins 2003 No. 1 s 34\namd 2009 No. 24 s 1683 ; 2013 No. 38 s 14 sch 1\n(sec.67AZK-ssec.1) For a director, secretary, influential person or nominee who is not a licensee, subsection (3) applies if, after considering the submissions made by the director, secretary, influential person or nominee for the notice under section 67AZH (2) , the commission— still considers that the company has accumulated 30 demerit points in a period of 3 years; and is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\n(sec.67AZK-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 67AZH (2) .\n(sec.67AZK-ssec.3) The commission must, by written notice given to the director, secretary, influential person or nominee inform the director, secretary, influential person or nominee— that the commission— still considers that the company has accumulated 30 demerit points in a period of 3 years; and is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AZM and stated in the notice; and of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\n(sec.67AZK-ssec.4) A director, secretary, influential person or nominee given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice.\n- (a) still considers that the company has accumulated 30 demerit points in a period of 3 years; and\n- (b) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\n- (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\n- (i) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (ii) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen.\n- (a) that the commission— (i) still considers that the company has accumulated 30 demerit points in a period of 3 years; and (ii) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (i) still considers that the company has accumulated 30 demerit points in a period of 3 years; and\n- (ii) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (b) that the director, secretary, influential person or nominee is taken not to be a fit and proper person for part 3 , division 2 , for the term calculated under section 67AZM and stated in the notice; and\n- (c) of the director’s, secretary’s, influential person’s or nominee’s right to apply to the tribunal for a review of the commission’s decision; and\n- (d) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and\n- (e) any right the director, secretary, influential person or nominee has to have the operation of the commission’s decision stayed by the tribunal. Note— A director, secretary, influential person or nominee who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .\n- (i) still considers that the company has accumulated 30 demerit points in a period of 3 years; and\n- (ii) is not satisfied, in relation to demerit matters for which at least 30 demerit points accumulated— (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and\n- (A) that the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs; or\n- (B) that the director, secretary, influential person or nominee exercised reasonable diligence to ensure that the demerit matters did not happen; and","sortOrder":252},{"sectionNumber":"sec.67AZL","sectionType":"section","heading":"Notice by commission to company for which a disqualified individual is a director, secretary, influential person or nominee","content":"### sec.67AZL Notice by commission to company for which a disqualified individual is a director, secretary, influential person or nominee\n\nThis section applies if the commission considers that a company that is a licensee has an individual who is a disqualified individual as a director or secretary of, or an influential person or nominee for, the company.\nThe commission must give the company a written notice stating—\nparticulars identifying the individual (the relevant individual ) the commission considers is a director or secretary of, or an influential person or nominee for, the company; and\nA company may have the commission’s decision reviewed under section 86 (1) (q) .\nthat the relevant individual must stop being a director, secretary, influential person or nominee within 28 days after the commission gives the individual the written notice; and\nthe commission must cancel the licensee’s licence if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in paragraph (b) .\nThe commission must cancel the company’s licence by written notice given to the company if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in subsection (2) (b) .\nSection 49 does not apply to a cancellation under subsection (3) .\ns 67AZL ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1\n(sec.67AZL-ssec.1) This section applies if the commission considers that a company that is a licensee has an individual who is a disqualified individual as a director or secretary of, or an influential person or nominee for, the company.\n(sec.67AZL-ssec.2) The commission must give the company a written notice stating— particulars identifying the individual (the relevant individual ) the commission considers is a director or secretary of, or an influential person or nominee for, the company; and A company may have the commission’s decision reviewed under section 86 (1) (q) . that the relevant individual must stop being a director, secretary, influential person or nominee within 28 days after the commission gives the individual the written notice; and the commission must cancel the licensee’s licence if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in paragraph (b) .\n(sec.67AZL-ssec.3) The commission must cancel the company’s licence by written notice given to the company if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in subsection (2) (b) .\n(sec.67AZL-ssec.4) Section 49 does not apply to a cancellation under subsection (3) .\n- (a) particulars identifying the individual (the relevant individual ) the commission considers is a director or secretary of, or an influential person or nominee for, the company; and Note— A company may have the commission’s decision reviewed under section 86 (1) (q) .\n- (b) that the relevant individual must stop being a director, secretary, influential person or nominee within 28 days after the commission gives the individual the written notice; and\n- (c) the commission must cancel the licensee’s licence if the relevant individual does not stop being a director, secretary, influential person or nominee within the 28 days mentioned in paragraph (b) .","sortOrder":253},{"sectionNumber":"sec.67AZM","sectionType":"section","heading":"Terms of disqualifications","content":"### sec.67AZM Terms of disqualifications\n\nThis section states the term for which an individual given a notice under section 67AZF , 67AZJ or 67AZK is taken not to be a fit and proper person for part 3 , division 2 (the term of disqualification ).\nOnly demerit points accumulated after the commencement of this section may be taken into account in calculating the term of disqualification.\nThe term of disqualification for an individual given a notice for accumulating 30 demerit points in a period of 3 years for the first time is 3 years.\nThe term of disqualification for an individual given a notice for accumulating 30 demerit points in a period of 3 years a second time or subsequent time is the life of the individual.\nA notice may be given to an individual a second time or subsequent time under section 67AZF , 67AZJ or 67AZK if—\na notice for accumulating 30 demerit points in a period of 3 years has been given under one of the sections stating a disqualification of 3 years; and\nthe second or subsequent notice relates to 30 demerit points accumulated in a period of 3 years after the notice stating a disqualification of 3 years is given.\nIt is declared that, in deciding whether a notice for accumulating 30 demerit points in a period of 3 years has been given to an individual a second time or subsequent time, a notice given to an individual for the first time under section 67AZF , 67AZJ or 67AZK stating a disqualification of 3 years must be counted whether or not the individual has served the term of the disqualification.\nAn individual who is a licensee is given a notice under section 67AZF for accumulating 30 demerit points in a period of 3 years. The notice informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for 3 years. After the notice under section 67AZF is given, the individual accumulates a further 30 demerit points in a period of 3 years that may include part of the term of disqualification. The commission may give the individual a second notice under section 67AZF for the further 30 demerit points whether or not the term of disqualification has ended. Also, it is the second notice under section 67AZF that informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for the life of the individual.\nHowever, in deciding whether a notice for accumulating 30 demerit points in a period of 3 years is given to an individual a second time or subsequent time, an earlier notice given to an individual under section 67AZF , 67AZJ or 67AZK must not be counted if—\nthe earlier notice was given more than 10 years before the second or subsequent notice; or\nthe commission’s decision under the earlier notice was reversed or annulled on review by the tribunal.\nIn this section a reference to accumulating 30 demerit points in a period of 3 years is—\nfor an individual given notice under section 67AZF (3) —a reference to the individual accumulating 30 demerit points in a period of 3 years; or\nfor an individual given notice under section 67AZJ (3) or 67AZK (3) —a reference to the company for which the individual was a director, secretary, influential person or nominee accumulating 30 demerit points in a period of 3 years.\ns 67AZM ins 2003 No. 1 s 34\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 32\n(sec.67AZM-ssec.1) This section states the term for which an individual given a notice under section 67AZF , 67AZJ or 67AZK is taken not to be a fit and proper person for part 3 , division 2 (the term of disqualification ).\n(sec.67AZM-ssec.2) Only demerit points accumulated after the commencement of this section may be taken into account in calculating the term of disqualification.\n(sec.67AZM-ssec.3) The term of disqualification for an individual given a notice for accumulating 30 demerit points in a period of 3 years for the first time is 3 years.\n(sec.67AZM-ssec.4) The term of disqualification for an individual given a notice for accumulating 30 demerit points in a period of 3 years a second time or subsequent time is the life of the individual.\n(sec.67AZM-ssec.5) A notice may be given to an individual a second time or subsequent time under section 67AZF , 67AZJ or 67AZK if— a notice for accumulating 30 demerit points in a period of 3 years has been given under one of the sections stating a disqualification of 3 years; and the second or subsequent notice relates to 30 demerit points accumulated in a period of 3 years after the notice stating a disqualification of 3 years is given.\n(sec.67AZM-ssec.6) It is declared that, in deciding whether a notice for accumulating 30 demerit points in a period of 3 years has been given to an individual a second time or subsequent time, a notice given to an individual for the first time under section 67AZF , 67AZJ or 67AZK stating a disqualification of 3 years must be counted whether or not the individual has served the term of the disqualification. An individual who is a licensee is given a notice under section 67AZF for accumulating 30 demerit points in a period of 3 years. The notice informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for 3 years. After the notice under section 67AZF is given, the individual accumulates a further 30 demerit points in a period of 3 years that may include part of the term of disqualification. The commission may give the individual a second notice under section 67AZF for the further 30 demerit points whether or not the term of disqualification has ended. Also, it is the second notice under section 67AZF that informs the individual that the individual is taken not to be a fit and proper person for part 3 , division 2 for the life of the individual.\n(sec.67AZM-ssec.7) However, in deciding whether a notice for accumulating 30 demerit points in a period of 3 years is given to an individual a second time or subsequent time, an earlier notice given to an individual under section 67AZF , 67AZJ or 67AZK must not be counted if— the earlier notice was given more than 10 years before the second or subsequent notice; or the commission’s decision under the earlier notice was reversed or annulled on review by the tribunal.\n(sec.67AZM-ssec.8) In this section a reference to accumulating 30 demerit points in a period of 3 years is— for an individual given notice under section 67AZF (3) —a reference to the individual accumulating 30 demerit points in a period of 3 years; or for an individual given notice under section 67AZJ (3) or 67AZK (3) —a reference to the company for which the individual was a director, secretary, influential person or nominee accumulating 30 demerit points in a period of 3 years.\n- (a) a notice for accumulating 30 demerit points in a period of 3 years has been given under one of the sections stating a disqualification of 3 years; and\n- (b) the second or subsequent notice relates to 30 demerit points accumulated in a period of 3 years after the notice stating a disqualification of 3 years is given.\n- (a) the earlier notice was given more than 10 years before the second or subsequent notice; or\n- (b) the commission’s decision under the earlier notice was reversed or annulled on review by the tribunal.\n- (a) for an individual given notice under section 67AZF (3) —a reference to the individual accumulating 30 demerit points in a period of 3 years; or\n- (b) for an individual given notice under section 67AZJ (3) or 67AZK (3) —a reference to the company for which the individual was a director, secretary, influential person or nominee accumulating 30 demerit points in a period of 3 years.","sortOrder":254},{"sectionNumber":"pt.4","sectionType":"part","heading":"Domestic building contracts","content":"# Domestic building contracts","sortOrder":255},{"sectionNumber":"sec.67AZN","sectionType":"section","heading":"Domestic building contracts","content":"### sec.67AZN Domestic building contracts\n\nDomestic building contracts are regulated under schedule 1B .\nThe provisions of schedule 1B apply to domestic building contracts and the parties to those contracts.\ns 67AZN ins 2014 No. 57 s 33\n(sec.67AZN-ssec.1) Domestic building contracts are regulated under schedule 1B .\n(sec.67AZN-ssec.2) The provisions of schedule 1B apply to domestic building contracts and the parties to those contracts.","sortOrder":256},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Building contracts other than domestic building contracts","content":"# Building contracts other than domestic building contracts","sortOrder":257},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":258},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Definitions for pt 4A","content":"### sec.67A Definitions for pt 4A\n\nIn this part—\napproved security provider means a financial institution that is an approved security provider under the Financial Accountability Act 2009 .\ns 67A def approved security provider amd 2009 No. 9 s 136 sch 1\nbuilding contract see section 67AAA .\ns 67A def building contract sub 2004 No. 6 s 113 sch 1\ncarry out building work means—\ncarry out building work personally; or\ndirectly or indirectly, cause building work to be carried out; or\nprovide advisory, administrative, management or supervisory services for carrying out building work.\ncommercial building contract means a building contract that is not a construction management trade contract or a subcontract.\nconstruction management trade contract means a building contract described in section 67B .\ncontracted party , for a building contract, means the party to the contract who is to carry out the building work the subject of the contract.\ncontracting party , for a building contract, means the party to the contract for whom the building work the subject of the contract is to be carried out.\ncontract price ...\ns 67A def contract price om 2017 No. 43 s 275(1)\ndefects liability period , for a building contract, means—\nthe period worked out under the contract as being the period that—\nstarts on the day of practical completion for the building work carried out under the contract; and\nends on the last day any omission or defect in the building work, carried out under the contract, may be required or directed to be rectified under the contract; or\nif the contract does not provide for a period mentioned in paragraph (a) —the statutory defects liability period under the Queensland Building and Construction Commission Act 1991 , section 67NA (2) .\ns 67A def defects liability period ins 2017 No. 43 s 275(2)\npayment claim see the Building Industry Fairness (Security of Payment) Act 2017 , section 68 .\ns 67A def payment claim ins 2004 No. 6 s 113 sch 1\nsub 2017 No. 43 s 308 sch 1\npractical completion , for building work carried out under a building contract, means—\nthe day practical completion of the work is achieved, as worked out under the contract; or\nif the contract does not provide for the day practical completion of the work is achieved—the day the work is completed—\nin compliance with the contract, including all plans and specifications for the work and all statutory requirements applying to the work; and\nwithout any defects or omissions, other than minor defects or minor omissions that will not unreasonably affect the intended use of the work.\ns 67A def practical completion ins 2017 No. 43 s 275(2)\nprincipal means a person who is the contracting party for a building contract and who—\nis not a building contractor; or\nis a building contractor, but did not enter into the building contract in the course of carrying on business as a building contractor.\nprogress payment see the Building Industry Fairness (Security of Payment) Act 2017 , section 64 .\ns 67A def progress payment sub 2004 No. 6 s 113 sch 1 ; 2017 No. 43 s 308 sch 1\nretention amount , for a building contract, means an amount described in section 67C .\nsecurity , for a building contract, means something—\ngiven to, or for the direct or indirect benefit of, the contracting party for the contract by or for the contracted party for the contract; and\nintended to secure, wholly or partly, the performance of the contract; and\nin the form of either, or a combination of both, of the following—\nan amount, other than an amount held as a retention amount for the contract;\n1 or more valuable instruments, whether or not exchanged for, or held instead of, a retention amount for the contract.\nsubcontract means a building contract described in section 67D .\nvaluable instrument means any of the following—\na banker’s undertaking;\na bond;\ninscribed stock;\na guarantee policy;\nan interest bearing deposit.\nvariation , of a building contract, means an addition to, or an omission from, the building work the subject of the contract.\nwritten form ...\ns 67A def written form om 2004 No. 6 s 113 sch 1\ns 67A ins 1999 No. 43 s 29\n- (a) carry out building work personally; or\n- (b) directly or indirectly, cause building work to be carried out; or\n- (c) provide advisory, administrative, management or supervisory services for carrying out building work.\n- (a) the period worked out under the contract as being the period that— (i) starts on the day of practical completion for the building work carried out under the contract; and (ii) ends on the last day any omission or defect in the building work, carried out under the contract, may be required or directed to be rectified under the contract; or\n- (i) starts on the day of practical completion for the building work carried out under the contract; and\n- (ii) ends on the last day any omission or defect in the building work, carried out under the contract, may be required or directed to be rectified under the contract; or\n- (b) if the contract does not provide for a period mentioned in paragraph (a) —the statutory defects liability period under the Queensland Building and Construction Commission Act 1991 , section 67NA (2) .\n- (i) starts on the day of practical completion for the building work carried out under the contract; and\n- (ii) ends on the last day any omission or defect in the building work, carried out under the contract, may be required or directed to be rectified under the contract; or\n- (a) the day practical completion of the work is achieved, as worked out under the contract; or\n- (b) if the contract does not provide for the day practical completion of the work is achieved—the day the work is completed— (i) in compliance with the contract, including all plans and specifications for the work and all statutory requirements applying to the work; and (ii) without any defects or omissions, other than minor defects or minor omissions that will not unreasonably affect the intended use of the work.\n- (i) in compliance with the contract, including all plans and specifications for the work and all statutory requirements applying to the work; and\n- (ii) without any defects or omissions, other than minor defects or minor omissions that will not unreasonably affect the intended use of the work.\n- (i) in compliance with the contract, including all plans and specifications for the work and all statutory requirements applying to the work; and\n- (ii) without any defects or omissions, other than minor defects or minor omissions that will not unreasonably affect the intended use of the work.\n- (a) is not a building contractor; or\n- (b) is a building contractor, but did not enter into the building contract in the course of carrying on business as a building contractor.\n- (a) given to, or for the direct or indirect benefit of, the contracting party for the contract by or for the contracted party for the contract; and\n- (b) intended to secure, wholly or partly, the performance of the contract; and\n- (c) in the form of either, or a combination of both, of the following— (i) an amount, other than an amount held as a retention amount for the contract; (ii) 1 or more valuable instruments, whether or not exchanged for, or held instead of, a retention amount for the contract.\n- (i) an amount, other than an amount held as a retention amount for the contract;\n- (ii) 1 or more valuable instruments, whether or not exchanged for, or held instead of, a retention amount for the contract.\n- (i) an amount, other than an amount held as a retention amount for the contract;\n- (ii) 1 or more valuable instruments, whether or not exchanged for, or held instead of, a retention amount for the contract.\n- (a) a banker’s undertaking;\n- (b) a bond;\n- (c) inscribed stock;\n- (d) a guarantee policy;\n- (e) an interest bearing deposit.","sortOrder":259},{"sectionNumber":"sec.67AAA","sectionType":"section","heading":"Meaning of building contract","content":"### sec.67AAA Meaning of building contract\n\nFor this part, a building contract means a contract or other arrangement for carrying out building work in Queensland but does not include—\na domestic building contract; or\na contract exclusively for construction work that is not building work.\nIn this section—\nconstruction work see the Building Industry Fairness (Security of Payment) Act 2017 , section 65 .\ns 67AAA ins 2004 No. 6 s 113 sch 1 (amd 2005 No. 33 s 13 )\nsub 2017 No. 43 s 308 sch 1\n(sec.67AAA-ssec.1) For this part, a building contract means a contract or other arrangement for carrying out building work in Queensland but does not include— a domestic building contract; or a contract exclusively for construction work that is not building work.\n(sec.67AAA-ssec.2) In this section— construction work see the Building Industry Fairness (Security of Payment) Act 2017 , section 65 .\n- (a) a domestic building contract; or\n- (b) a contract exclusively for construction work that is not building work.","sortOrder":260},{"sectionNumber":"sec.67B","sectionType":"section","heading":"Meaning of construction management trade contract","content":"### sec.67B Meaning of construction management trade contract\n\nA building contract is a construction management trade contract if—\nthe contracting party for the building contract is a principal; and\nthe contracted party for the building contract is the holder of a contractor’s licence; and\nthe building work the subject of the building contract is part of a wider project of building work (the project ) involving the principal in entering into 1 or more other building contracts, also as a principal, for the carrying out of other building work that is also part of the project; and\nthe contracted party is not the construction manager for the project.\nFor deciding whether a principal has entered into a building contract, it does not matter if the building contract was entered into on behalf of the principal, including by a construction manager.\ns 67B ins 1999 No. 43 s 29\nsub 2007 No. 47 s 39\n(sec.67B-ssec.1) A building contract is a construction management trade contract if— the contracting party for the building contract is a principal; and the contracted party for the building contract is the holder of a contractor’s licence; and the building work the subject of the building contract is part of a wider project of building work (the project ) involving the principal in entering into 1 or more other building contracts, also as a principal, for the carrying out of other building work that is also part of the project; and the contracted party is not the construction manager for the project.\n(sec.67B-ssec.2) For deciding whether a principal has entered into a building contract, it does not matter if the building contract was entered into on behalf of the principal, including by a construction manager.\n- (a) the contracting party for the building contract is a principal; and\n- (b) the contracted party for the building contract is the holder of a contractor’s licence; and\n- (c) the building work the subject of the building contract is part of a wider project of building work (the project ) involving the principal in entering into 1 or more other building contracts, also as a principal, for the carrying out of other building work that is also part of the project; and\n- (d) the contracted party is not the construction manager for the project.","sortOrder":261},{"sectionNumber":"sec.67C","sectionType":"section","heading":"Meaning of retention amount in pt 4A","content":"### sec.67C Meaning of retention amount in pt 4A\n\nFor this part, an amount is a retention amount for a building contract if—\nthe amount is payable as part of the contract price under the building contract, but, under the contract, may be withheld from payment to the contracted party for the building contract—\nduring the progress of the building work the subject of the contract; or\nfor a period (a maintenance period ) after the completion of the building work; or\nboth during the progress of the building work and for a maintenance period; and\nthe purpose of withholding the amount is to give financial protection to the contracting party in relation to the need to correct defects in the building work, or otherwise to secure, wholly or partly, the performance of the contract.\ns 67C ins 1999 No. 43 s 29\n- (a) the amount is payable as part of the contract price under the building contract, but, under the contract, may be withheld from payment to the contracted party for the building contract— (i) during the progress of the building work the subject of the contract; or (ii) for a period (a maintenance period ) after the completion of the building work; or (iii) both during the progress of the building work and for a maintenance period; and\n- (i) during the progress of the building work the subject of the contract; or\n- (ii) for a period (a maintenance period ) after the completion of the building work; or\n- (iii) both during the progress of the building work and for a maintenance period; and\n- (b) the purpose of withholding the amount is to give financial protection to the contracting party in relation to the need to correct defects in the building work, or otherwise to secure, wholly or partly, the performance of the contract.\n- (i) during the progress of the building work the subject of the contract; or\n- (ii) for a period (a maintenance period ) after the completion of the building work; or\n- (iii) both during the progress of the building work and for a maintenance period; and","sortOrder":262},{"sectionNumber":"sec.67D","sectionType":"section","heading":"Meaning of subcontract in pt 4A","content":"### sec.67D Meaning of subcontract in pt 4A\n\nFor this part, a building contract is a subcontract if—\nboth the contracting party and the contracted party for the contract are building contractors; and\nfor the contract, the contracted party is a subcontractor for the contracting party; and\nthe building work the subject of the contract is the whole or a part of building work the subject of—\nanother building contract, under which the contracting party mentioned in paragraphs (a) and (b) is the contracted party; or\na domestic building contract between the contracting party mentioned in paragraphs (a) and (b) and a consumer.\ns 67D ins 1999 No. 43 s 29\n- (a) both the contracting party and the contracted party for the contract are building contractors; and\n- (b) for the contract, the contracted party is a subcontractor for the contracting party; and\n- (c) the building work the subject of the contract is the whole or a part of building work the subject of— (i) another building contract, under which the contracting party mentioned in paragraphs (a) and (b) is the contracted party; or (ii) a domestic building contract between the contracting party mentioned in paragraphs (a) and (b) and a consumer.\n- (i) another building contract, under which the contracting party mentioned in paragraphs (a) and (b) is the contracted party; or\n- (ii) a domestic building contract between the contracting party mentioned in paragraphs (a) and (b) and a consumer.\n- (i) another building contract, under which the contracting party mentioned in paragraphs (a) and (b) is the contracted party; or\n- (ii) a domestic building contract between the contracting party mentioned in paragraphs (a) and (b) and a consumer.","sortOrder":263},{"sectionNumber":"sec.67E","sectionType":"section","heading":"Operation of pt 4A","content":"### sec.67E Operation of pt 4A\n\nSubject to any provision of this part that expressly provides that a building contract, or a provision of a building contract, is void, this part does not have effect to make void or voidable a building contract, or a provision of a building contract, even if—\nin entering into the building contract, or the building contract containing the provision, a party to the building contract commits an offence against this part; or\nthe building contract or the provision of the building contract is inconsistent with a condition to which the building contract is subject under this part.\nHowever, if a building contract, or a provision of a building contract, is inconsistent with a provision (the Act provision ) of this part applying to the building contract, the building contract, or the provision of the building contract, has effect only to the extent it is not inconsistent with the Act provision.\nWithout limiting subsection (2) , a building contract is unenforceable against the contracted party for the contract to the extent that the contract provides for retention amounts or security in a way that is inconsistent with a condition to which the contract is subject under division 2 .\nThis part—\nhas effect in relation to a building contract despite anything in the building contract; and\napplies to a building contract even if—\nthe contract was entered into outside Queensland; or\nthe parties to the contract have agreed that the law of Queensland does not apply to the contract or to a provision of the contract.\ns 67E ins 1999 No. 43 s 29\n(sec.67E-ssec.1) Subject to any provision of this part that expressly provides that a building contract, or a provision of a building contract, is void, this part does not have effect to make void or voidable a building contract, or a provision of a building contract, even if— in entering into the building contract, or the building contract containing the provision, a party to the building contract commits an offence against this part; or the building contract or the provision of the building contract is inconsistent with a condition to which the building contract is subject under this part.\n(sec.67E-ssec.2) However, if a building contract, or a provision of a building contract, is inconsistent with a provision (the Act provision ) of this part applying to the building contract, the building contract, or the provision of the building contract, has effect only to the extent it is not inconsistent with the Act provision.\n(sec.67E-ssec.3) Without limiting subsection (2) , a building contract is unenforceable against the contracted party for the contract to the extent that the contract provides for retention amounts or security in a way that is inconsistent with a condition to which the contract is subject under division 2 .\n(sec.67E-ssec.4) This part— has effect in relation to a building contract despite anything in the building contract; and applies to a building contract even if— the contract was entered into outside Queensland; or the parties to the contract have agreed that the law of Queensland does not apply to the contract or to a provision of the contract.\n- (a) in entering into the building contract, or the building contract containing the provision, a party to the building contract commits an offence against this part; or\n- (b) the building contract or the provision of the building contract is inconsistent with a condition to which the building contract is subject under this part.\n- (a) has effect in relation to a building contract despite anything in the building contract; and\n- (b) applies to a building contract even if— (i) the contract was entered into outside Queensland; or (ii) the parties to the contract have agreed that the law of Queensland does not apply to the contract or to a provision of the contract.\n- (i) the contract was entered into outside Queensland; or\n- (ii) the parties to the contract have agreed that the law of Queensland does not apply to the contract or to a provision of the contract.\n- (i) the contract was entered into outside Queensland; or\n- (ii) the parties to the contract have agreed that the law of Queensland does not apply to the contract or to a provision of the contract.","sortOrder":264},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":"All building contracts","content":"## All building contracts","sortOrder":265},{"sectionNumber":"sec.67F","sectionType":"section","heading":"Suggested forms of contract","content":"### sec.67F Suggested forms of contract\n\nThe commission may prepare and publish suggested forms for building contracts.\ns 67F ins 1999 No. 43 s 29\namd 2013 No. 38 s 14 sch 1","sortOrder":266},{"sectionNumber":"sec.67G","sectionType":"section","heading":"Building contracts to be in writing","content":"### sec.67G Building contracts to be in writing\n\nA building contractor commits an offence if—\nthe building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and\nthe building contract is not put into writing—\nif the reasonable cost of the building work the subject of the contract is more than $10,000—before carrying out the building work is started; or\nif the reasonable cost of the building work the subject of the contract is $10,000 or less—before carrying out the building work is finished.\nMaximum penalty—80 penalty units.\nA building contractor commits an offence if—\nthe building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and\nthe reasonable cost of the building work the subject of the building contract is $10,000 or less; and\nafter the building contract is entered into but before the building contract has been put into writing, the reasonable cost of the building work the subject of the building contract becomes more than $10,000 because of a variation of the building contract, whether or not the variation is the first variation of the building contract; and\nthe building contract, incorporating all variations, is not put into writing—\nif no building work has been carried out under the contract—before carrying out building work under the contract is started; or\notherwise—before there is further carrying out of building work under the contract.\nMaximum penalty—80 penalty units.\nA building contractor commits an offence if—\nthe building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and\nthe building contract is put into writing; and\nthe building contract, in writing, does not comply with the formal requirements for a building contract stated in subsection (4) .\nMaximum penalty—80 penalty units.\nA building contract in writing complies with the formal requirements for a building contract if the contract states the following—\nthe scope of the building work the subject of the contract;\nwhen the building work is to be completed;\nthe amount to be paid for carrying out the building work or, if appropriate, how the amount to be paid for carrying out the building work is to be worked out;\nthe parties’ agreement about retention amounts and securities to be held;\nthe name of the building contractor who is the contracted party for the building contract;\nthe licence number of the building contractor mentioned in paragraph (e) , as it appears on the building contractor’s licence;\nthe address of the land where the building work is to be carried out.\nThis section does not apply to a building contractor who enters into a building contract as a principal.\nIf, in contravention of subsection (1) or (2) , a building contract is not put into writing, a building contractor who is a party to the contract is taken not to commit an offence against the provision if—\nbuilding work the subject of the contract must be carried out urgently; and\nit is not reasonably practicable to enter into a written contract in the particular circumstances.\na cyclone has caused considerable damage at a remote community, repairs are urgently needed, the parties to the building contract are not both present at the community and communications failure prevents transmission of written material between the parties\ns 67G ins 1999 No. 43 s 29\namd 2004 No. 6 s 113 sch 1 ; 2007 No. 47 s 40 ; 2025 No. 28 s 28\n(sec.67G-ssec.1) A building contractor commits an offence if— the building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and the building contract is not put into writing— if the reasonable cost of the building work the subject of the contract is more than $10,000—before carrying out the building work is started; or if the reasonable cost of the building work the subject of the contract is $10,000 or less—before carrying out the building work is finished. Maximum penalty—80 penalty units.\n(sec.67G-ssec.2) A building contractor commits an offence if— the building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and the reasonable cost of the building work the subject of the building contract is $10,000 or less; and after the building contract is entered into but before the building contract has been put into writing, the reasonable cost of the building work the subject of the building contract becomes more than $10,000 because of a variation of the building contract, whether or not the variation is the first variation of the building contract; and the building contract, incorporating all variations, is not put into writing— if no building work has been carried out under the contract—before carrying out building work under the contract is started; or otherwise—before there is further carrying out of building work under the contract. Maximum penalty—80 penalty units.\n(sec.67G-ssec.3) A building contractor commits an offence if— the building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and the building contract is put into writing; and the building contract, in writing, does not comply with the formal requirements for a building contract stated in subsection (4) . Maximum penalty—80 penalty units.\n(sec.67G-ssec.4) A building contract in writing complies with the formal requirements for a building contract if the contract states the following— the scope of the building work the subject of the contract; when the building work is to be completed; the amount to be paid for carrying out the building work or, if appropriate, how the amount to be paid for carrying out the building work is to be worked out; the parties’ agreement about retention amounts and securities to be held; the name of the building contractor who is the contracted party for the building contract; the licence number of the building contractor mentioned in paragraph (e) , as it appears on the building contractor’s licence; the address of the land where the building work is to be carried out.\n(sec.67G-ssec.5) This section does not apply to a building contractor who enters into a building contract as a principal.\n(sec.67G-ssec.6) If, in contravention of subsection (1) or (2) , a building contract is not put into writing, a building contractor who is a party to the contract is taken not to commit an offence against the provision if— building work the subject of the contract must be carried out urgently; and it is not reasonably practicable to enter into a written contract in the particular circumstances. a cyclone has caused considerable damage at a remote community, repairs are urgently needed, the parties to the building contract are not both present at the community and communications failure prevents transmission of written material between the parties\n- (a) the building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and\n- (b) the building contract is not put into writing— (i) if the reasonable cost of the building work the subject of the contract is more than $10,000—before carrying out the building work is started; or (ii) if the reasonable cost of the building work the subject of the contract is $10,000 or less—before carrying out the building work is finished.\n- (i) if the reasonable cost of the building work the subject of the contract is more than $10,000—before carrying out the building work is started; or\n- (ii) if the reasonable cost of the building work the subject of the contract is $10,000 or less—before carrying out the building work is finished.\n- (i) if the reasonable cost of the building work the subject of the contract is more than $10,000—before carrying out the building work is started; or\n- (ii) if the reasonable cost of the building work the subject of the contract is $10,000 or less—before carrying out the building work is finished.\n- (a) the building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and\n- (b) the reasonable cost of the building work the subject of the building contract is $10,000 or less; and\n- (c) after the building contract is entered into but before the building contract has been put into writing, the reasonable cost of the building work the subject of the building contract becomes more than $10,000 because of a variation of the building contract, whether or not the variation is the first variation of the building contract; and\n- (d) the building contract, incorporating all variations, is not put into writing— (i) if no building work has been carried out under the contract—before carrying out building work under the contract is started; or (ii) otherwise—before there is further carrying out of building work under the contract.\n- (i) if no building work has been carried out under the contract—before carrying out building work under the contract is started; or\n- (ii) otherwise—before there is further carrying out of building work under the contract.\n- (i) if no building work has been carried out under the contract—before carrying out building work under the contract is started; or\n- (ii) otherwise—before there is further carrying out of building work under the contract.\n- (a) the building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and\n- (b) the building contract is put into writing; and\n- (c) the building contract, in writing, does not comply with the formal requirements for a building contract stated in subsection (4) .\n- (a) the scope of the building work the subject of the contract;\n- (b) when the building work is to be completed;\n- (c) the amount to be paid for carrying out the building work or, if appropriate, how the amount to be paid for carrying out the building work is to be worked out;\n- (d) the parties’ agreement about retention amounts and securities to be held;\n- (e) the name of the building contractor who is the contracted party for the building contract;\n- (f) the licence number of the building contractor mentioned in paragraph (e) , as it appears on the building contractor’s licence;\n- (g) the address of the land where the building work is to be carried out.\n- (a) building work the subject of the contract must be carried out urgently; and\n- (b) it is not reasonably practicable to enter into a written contract in the particular circumstances.","sortOrder":267},{"sectionNumber":"sec.67GA","sectionType":"section","heading":"Building contracts to include mandatory conditions","content":"### sec.67GA Building contracts to include mandatory conditions\n\nA building contractor must not enter into a building contract that does not include the conditions ( mandatory conditions ) prescribed by regulation for inclusion in that type of building contract.\nMaximum penalty—80 penalty units.\nSubsection (1) does not apply to a building contractor who—\nenters into a building contract as a principal; or\nenters into a subcontract as the contracted party.\nA building contract is subject to the mandatory conditions regardless of whether the conditions are stated in the contract or not.\nThe mandatory conditions have effect despite any provision to the contrary in a building contract.\nA provision of a building contract is of no effect to the extent to which it—\nis contrary to a mandatory condition; or\npurports to annul, exclude or change a mandatory condition; or\nmay reasonably be construed as an attempt to deter a person from enforcing a mandatory condition.\nThis section does not apply in relation to a condition of a building contract that imposes a greater or more onerous obligation on a building contractor than are imposed under the mandatory conditions.\ns 67GA ins 2017 No. 43 s 276\n(sec.67GA-ssec.1) A building contractor must not enter into a building contract that does not include the conditions ( mandatory conditions ) prescribed by regulation for inclusion in that type of building contract. Maximum penalty—80 penalty units.\n(sec.67GA-ssec.2) Subsection (1) does not apply to a building contractor who— enters into a building contract as a principal; or enters into a subcontract as the contracted party.\n(sec.67GA-ssec.3) A building contract is subject to the mandatory conditions regardless of whether the conditions are stated in the contract or not.\n(sec.67GA-ssec.4) The mandatory conditions have effect despite any provision to the contrary in a building contract.\n(sec.67GA-ssec.5) A provision of a building contract is of no effect to the extent to which it— is contrary to a mandatory condition; or purports to annul, exclude or change a mandatory condition; or may reasonably be construed as an attempt to deter a person from enforcing a mandatory condition.\n(sec.67GA-ssec.6) This section does not apply in relation to a condition of a building contract that imposes a greater or more onerous obligation on a building contractor than are imposed under the mandatory conditions.\n- (a) enters into a building contract as a principal; or\n- (b) enters into a subcontract as the contracted party.\n- (a) is contrary to a mandatory condition; or\n- (b) purports to annul, exclude or change a mandatory condition; or\n- (c) may reasonably be construed as an attempt to deter a person from enforcing a mandatory condition.","sortOrder":268},{"sectionNumber":"sec.67GB","sectionType":"section","heading":"Particular conditions void in building contracts","content":"### sec.67GB Particular conditions void in building contracts\n\nA building contractor must not enter into a building contract that includes a prohibited condition ( prohibited conditions ) prescribed by regulation.\nMaximum penalty—80 penalty units.\nSubsection (1) does not apply to a building contractor who—\nenters into a building contract as a principal; or\nenters into a subcontract as the contracted party.\nA provision of a building contract is of no effect to the extent to which it—\nis or incorporates a prohibited condition; or\nmay reasonably be construed as an attempt to enforce a prohibited condition.\nTo remove any doubt, it is declared that this section does not apply to a building contract entered into before the commencement of this section but does apply to a provision of the contract included after the commencement to the extent the provision is a prohibited condition.\ns 67GB ins 2017 No. 43 s 276\n(sec.67GB-ssec.1) A building contractor must not enter into a building contract that includes a prohibited condition ( prohibited conditions ) prescribed by regulation. Maximum penalty—80 penalty units.\n(sec.67GB-ssec.2) Subsection (1) does not apply to a building contractor who— enters into a building contract as a principal; or enters into a subcontract as the contracted party.\n(sec.67GB-ssec.3) A provision of a building contract is of no effect to the extent to which it— is or incorporates a prohibited condition; or may reasonably be construed as an attempt to enforce a prohibited condition.\n(sec.67GB-ssec.4) To remove any doubt, it is declared that this section does not apply to a building contract entered into before the commencement of this section but does apply to a provision of the contract included after the commencement to the extent the provision is a prohibited condition.\n- (a) enters into a building contract as a principal; or\n- (b) enters into a subcontract as the contracted party.\n- (a) is or incorporates a prohibited condition; or\n- (b) may reasonably be construed as an attempt to enforce a prohibited condition.","sortOrder":269},{"sectionNumber":"sec.67H","sectionType":"section","heading":null,"content":"### Section sec.67H\n\ns 67H ins 1999 No. 43 s 29\nom 2004 No. 6 s 113 sch 1","sortOrder":270},{"sectionNumber":"sec.67I","sectionType":"section","heading":"Directions given under building contracts","content":"### sec.67I Directions given under building contracts\n\nThis section applies if under a building contract the contracting party for the contract, or another person authorised under the contract, may, without the agreement of the contracted party for the contract, give a direction to the contracted party.\nUnless the building contract otherwise provides, a direction may initially be given other than in writing.\nHowever, if a direction is given other than in writing, the contracted party—\nmay ask for the direction to be given in writing; and\nis not required to comply with the direction until it is given in writing.\nIf a direction is given other than in writing, the contracting party commits an offence if the direction is not given to the contracted party in writing within 3 business days after it was given other than in writing.\nMaximum penalty—80 penalty units.\nIn this section—\ndirection includes agreement, approval, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement.\ns 67I ins 1999 No. 43 s 29\namd 2004 No. 6 s 113 sch 1 ; 2007 No. 47 s 41\n(sec.67I-ssec.1) This section applies if under a building contract the contracting party for the contract, or another person authorised under the contract, may, without the agreement of the contracted party for the contract, give a direction to the contracted party.\n(sec.67I-ssec.2) Unless the building contract otherwise provides, a direction may initially be given other than in writing.\n(sec.67I-ssec.3) However, if a direction is given other than in writing, the contracted party— may ask for the direction to be given in writing; and is not required to comply with the direction until it is given in writing.\n(sec.67I-ssec.4) If a direction is given other than in writing, the contracting party commits an offence if the direction is not given to the contracted party in writing within 3 business days after it was given other than in writing. Maximum penalty—80 penalty units.\n(sec.67I-ssec.5) In this section— direction includes agreement, approval, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement.\n- (a) may ask for the direction to be given in writing; and\n- (b) is not required to comply with the direction until it is given in writing.","sortOrder":271},{"sectionNumber":"sec.67J","sectionType":"section","heading":"Set-offs under building contracts","content":"### sec.67J Set-offs under building contracts\n\nThe contracting party for a building contract may use a security or retention amount, in whole or in part, to obtain an amount owed under the contract, only if the contracting party has given notice in writing to the contracted party advising of the proposed use and of the amount owed.\nThe notice must be given within 28 days after the contracting party becomes aware, or ought reasonably to have become aware, of the contracting party’s right to obtain the amount owed.\nIf, because of subsections (1) and (2) , the contracting party is stopped from using a security or retention amount, the contracting party for the contract is not stopped from recovering the amount owed in another way.\nThis section does not apply if, under the contract—\nwork has been taken out of the hands of the contracted party or the contract has been terminated; or\nthe security or retention amount is to be used to make a payment into court to satisfy a notice of claim of charge under the Building Industry Fairness (Security of Payment) Act 2017 .\nIn this section—\namount owed , under a building contract, means an amount that, under the contract, is a debt due from the contracted party for the contract to the contracting party for the contract because of circumstances associated with the contracted party’s performance of the contract.\nuse of security or retention amount includes the act of converting securities into cash where the securities are held as negotiable instruments.\ns 67J ins 1999 No. 43 s 29\nsub 2004 No. 6 s 113 sch 1\namd 2017 No. 43 s 308 sch 1\n(sec.67J-ssec.1) The contracting party for a building contract may use a security or retention amount, in whole or in part, to obtain an amount owed under the contract, only if the contracting party has given notice in writing to the contracted party advising of the proposed use and of the amount owed.\n(sec.67J-ssec.2) The notice must be given within 28 days after the contracting party becomes aware, or ought reasonably to have become aware, of the contracting party’s right to obtain the amount owed.\n(sec.67J-ssec.3) If, because of subsections (1) and (2) , the contracting party is stopped from using a security or retention amount, the contracting party for the contract is not stopped from recovering the amount owed in another way.\n(sec.67J-ssec.4) This section does not apply if, under the contract— work has been taken out of the hands of the contracted party or the contract has been terminated; or the security or retention amount is to be used to make a payment into court to satisfy a notice of claim of charge under the Building Industry Fairness (Security of Payment) Act 2017 .\n(sec.67J-ssec.5) In this section— amount owed , under a building contract, means an amount that, under the contract, is a debt due from the contracted party for the contract to the contracting party for the contract because of circumstances associated with the contracted party’s performance of the contract. use of security or retention amount includes the act of converting securities into cash where the securities are held as negotiable instruments.\n- (a) work has been taken out of the hands of the contracted party or the contract has been terminated; or\n- (b) the security or retention amount is to be used to make a payment into court to satisfy a notice of claim of charge under the Building Industry Fairness (Security of Payment) Act 2017 .","sortOrder":272},{"sectionNumber":"sec.67K","sectionType":"section","heading":"Limits for retention amounts and securities for building contracts other than subcontracts","content":"### sec.67K Limits for retention amounts and securities for building contracts other than subcontracts\n\nThis section applies to a building contract if the contracting party under the contract is a principal or a special purpose vehicle.\nThe building contract is subject to a condition that at any time before, under the contract, practical completion of building work is reached, the total value of the following is to be not more than 5% of the contract price for the contract—\nall retention amounts for the contract that are being withheld;\nall securities for the contract given and still held.\nSubsection (2) does not apply to retention amounts or securities to the extent that the retention amounts or securities are for the financial protection of the contracting party, having regard to amounts paid by the contracting party that relate to something that has not yet been installed in accordance with the requirements of the contract.\nThe building contract is not subject to the condition mentioned in subsection (2) if—\nthe contract—\nis in writing; and\nexplains the condition; and\nexpressly provides that the contract is not subject to the condition; and\nthe provision of the contract that expressly provides in the way mentioned in paragraph (a) (iii) is initialled by the parties to the contract.\ns 67K ins 1999 No. 43 s 29\namd 2004 No. 6 s 113 sch 1 ; 2013 No. 58 s 26\n(sec.67K-ssec.1) This section applies to a building contract if the contracting party under the contract is a principal or a special purpose vehicle.\n(sec.67K-ssec.2) The building contract is subject to a condition that at any time before, under the contract, practical completion of building work is reached, the total value of the following is to be not more than 5% of the contract price for the contract— all retention amounts for the contract that are being withheld; all securities for the contract given and still held.\n(sec.67K-ssec.3) Subsection (2) does not apply to retention amounts or securities to the extent that the retention amounts or securities are for the financial protection of the contracting party, having regard to amounts paid by the contracting party that relate to something that has not yet been installed in accordance with the requirements of the contract.\n(sec.67K-ssec.4) The building contract is not subject to the condition mentioned in subsection (2) if— the contract— is in writing; and explains the condition; and expressly provides that the contract is not subject to the condition; and the provision of the contract that expressly provides in the way mentioned in paragraph (a) (iii) is initialled by the parties to the contract.\n- (a) all retention amounts for the contract that are being withheld;\n- (b) all securities for the contract given and still held.\n- (a) the contract— (i) is in writing; and (ii) explains the condition; and (iii) expressly provides that the contract is not subject to the condition; and\n- (i) is in writing; and\n- (ii) explains the condition; and\n- (iii) expressly provides that the contract is not subject to the condition; and\n- (b) the provision of the contract that expressly provides in the way mentioned in paragraph (a) (iii) is initialled by the parties to the contract.\n- (i) is in writing; and\n- (ii) explains the condition; and\n- (iii) expressly provides that the contract is not subject to the condition; and","sortOrder":273},{"sectionNumber":"sec.67L","sectionType":"section","heading":"Limits for retention amounts and securities for subcontracts","content":"### sec.67L Limits for retention amounts and securities for subcontracts\n\nA subcontract is subject to a condition that, at any time before, under the contract, practical completion of building work is reached, the total value of the following is to be not more than 5% of the contract price for the subcontract—\nall retention amounts for the subcontract that are being withheld;\nall securities for the subcontract given and still held.\nSubsection (1) does not apply to retention amounts or securities to the extent that the retention amounts or securities are for the financial protection of the contracting party, having regard to amounts paid by the contracting party that relate to something that has not yet been installed in accordance with the requirements of the contract.\nSubsection (1) does not apply to a subcontract if the contracting party for the building contract is a special purpose vehicle.\ns 67L ins 1999 No. 43 s 29\namd 2013 No. 58 s 27\n(sec.67L-ssec.1) A subcontract is subject to a condition that, at any time before, under the contract, practical completion of building work is reached, the total value of the following is to be not more than 5% of the contract price for the subcontract— all retention amounts for the subcontract that are being withheld; all securities for the subcontract given and still held.\n(sec.67L-ssec.2) Subsection (1) does not apply to retention amounts or securities to the extent that the retention amounts or securities are for the financial protection of the contracting party, having regard to amounts paid by the contracting party that relate to something that has not yet been installed in accordance with the requirements of the contract.\n(sec.67L-ssec.3) Subsection (1) does not apply to a subcontract if the contracting party for the building contract is a special purpose vehicle.\n- (a) all retention amounts for the subcontract that are being withheld;\n- (b) all securities for the subcontract given and still held.","sortOrder":274},{"sectionNumber":"sec.67M","sectionType":"section","heading":"Limits on deductions for retention amounts","content":"### sec.67M Limits on deductions for retention amounts\n\nThis section applies if—\nan amount (the relevant amount ) is payable by the contracting party for a building contract to the contracted party for the building contract; and\nthe relevant amount relates to carrying out building work under the contract; and\nthe relevant amount, except for a retention amount for the building contract that is withheld, is paid to the contracted party.\nThe building contract is subject to a condition that the retention amount withheld is to be not more than 10% of the relevant amount.\ns 67M ins 1999 No. 43 s 29\n(sec.67M-ssec.1) This section applies if— an amount (the relevant amount ) is payable by the contracting party for a building contract to the contracted party for the building contract; and the relevant amount relates to carrying out building work under the contract; and the relevant amount, except for a retention amount for the building contract that is withheld, is paid to the contracted party.\n(sec.67M-ssec.2) The building contract is subject to a condition that the retention amount withheld is to be not more than 10% of the relevant amount.\n- (a) an amount (the relevant amount ) is payable by the contracting party for a building contract to the contracted party for the building contract; and\n- (b) the relevant amount relates to carrying out building work under the contract; and\n- (c) the relevant amount, except for a retention amount for the building contract that is withheld, is paid to the contracted party.","sortOrder":275},{"sectionNumber":"sec.67N","sectionType":"section","heading":"Limits for retention amounts and securities for building contracts after practical completion","content":"### sec.67N Limits for retention amounts and securities for building contracts after practical completion\n\nA building contract is subject to a condition that, at any time after, under the contract, practical completion of building work is reached, the total value of the following is to be not more than 2.5% of the contract price for the contract—\nall retention amounts for the contract that are being withheld;\nall securities for the contract given and still held.\nSubsection (1) does not apply to retention amounts or securities to the extent that the retention amounts or securities do not relate to the need to correct defects, identified in the defects liability period for the contract, in the building work for the contract.\ns 67N ins 1999 No. 43 s 29\namd 2017 No. 43 s 277\n(sec.67N-ssec.1) A building contract is subject to a condition that, at any time after, under the contract, practical completion of building work is reached, the total value of the following is to be not more than 2.5% of the contract price for the contract— all retention amounts for the contract that are being withheld; all securities for the contract given and still held.\n(sec.67N-ssec.2) Subsection (1) does not apply to retention amounts or securities to the extent that the retention amounts or securities do not relate to the need to correct defects, identified in the defects liability period for the contract, in the building work for the contract.\n- (a) all retention amounts for the contract that are being withheld;\n- (b) all securities for the contract given and still held.","sortOrder":276},{"sectionNumber":"sec.67NA","sectionType":"section","heading":"Statutory defects liability period","content":"### sec.67NA Statutory defects liability period\n\nThis section applies to a building contract if—\nunder the contract—\na retention amount may be withheld; or\na security may be held after practical completion in relation to the need to correct defects in the building work under the contract; and\nthe contract does not provide for the release of the retention amount or security at the end of an identifiable period.\nThe building contract is subject to a condition that the retention amount or security must be released to the person entitled to it at the end of 12 months starting on the day of practical completion for the contract (the statutory defects liability period ).\ns 67NA ins 2017 No. 43 s 278\n(sec.67NA-ssec.1) This section applies to a building contract if— under the contract— a retention amount may be withheld; or a security may be held after practical completion in relation to the need to correct defects in the building work under the contract; and the contract does not provide for the release of the retention amount or security at the end of an identifiable period.\n(sec.67NA-ssec.2) The building contract is subject to a condition that the retention amount or security must be released to the person entitled to it at the end of 12 months starting on the day of practical completion for the contract (the statutory defects liability period ).\n- (a) under the contract— (i) a retention amount may be withheld; or (ii) a security may be held after practical completion in relation to the need to correct defects in the building work under the contract; and\n- (i) a retention amount may be withheld; or\n- (ii) a security may be held after practical completion in relation to the need to correct defects in the building work under the contract; and\n- (b) the contract does not provide for the release of the retention amount or security at the end of an identifiable period.\n- (i) a retention amount may be withheld; or\n- (ii) a security may be held after practical completion in relation to the need to correct defects in the building work under the contract; and","sortOrder":277},{"sectionNumber":"sec.67NB","sectionType":"section","heading":"Failure to pay retention amount or other security","content":"### sec.67NB Failure to pay retention amount or other security\n\nThis section applies if a retention amount or other security is withheld under a building contract.\nThe contracting party must, unless the party has a reasonable excuse, release the retention amount or other security to the contracted party in accordance with the building contract, including, for example, releasing the retention amount or other security on or before the day the amount is due to be paid under the contract.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nSubsection (2) does not apply to that part of a retention amount or other security that is—\npaid into court to satisfy a notice of claim under the Building Industry Fairness (Security of Payment) Act 2017 ; or\nthe subject of a dispute between the parties to the building contract unless, as an outcome of the dispute, the amount is to be paid to the contracted party.\ns 67NB ins 2017 No. 43 s 278\namd 2020 No. 24 s 130\n(sec.67NB-ssec.1) This section applies if a retention amount or other security is withheld under a building contract.\n(sec.67NB-ssec.2) The contracting party must, unless the party has a reasonable excuse, release the retention amount or other security to the contracted party in accordance with the building contract, including, for example, releasing the retention amount or other security on or before the day the amount is due to be paid under the contract. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.67NB-ssec.3) Subsection (2) does not apply to that part of a retention amount or other security that is— paid into court to satisfy a notice of claim under the Building Industry Fairness (Security of Payment) Act 2017 ; or the subject of a dispute between the parties to the building contract unless, as an outcome of the dispute, the amount is to be paid to the contracted party.\n- (a) paid into court to satisfy a notice of claim under the Building Industry Fairness (Security of Payment) Act 2017 ; or\n- (b) the subject of a dispute between the parties to the building contract unless, as an outcome of the dispute, the amount is to be paid to the contracted party.","sortOrder":278},{"sectionNumber":"sec.67NC","sectionType":"section","heading":"Notice about end of defects liability period","content":"### sec.67NC Notice about end of defects liability period\n\nThis section applies if either of the following apply for a building contract—\na retention amount is withheld;\na security is held after practical completion in relation to the need to correct defects in the building work under the contract.\nWithin 10 business days before the end of the defects liability period, the contracting party must give the contracted party a notice (the relevant notice ), in the approved form, stating the following—\nthe date that the defects liability period ends;\nfor a retention amount—\nthe amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and\nthe date the retention amount is proposed to be paid to the contracted party.\nMaximum penalty—100 penalty units.\nHowever, subsection (4) applies if—\nthe defects liability period relates to a subcontract; and\nthe defects liability period is linked to the defects liability period (the other period ) for another building contract; and\nthe contracting party for the subcontract is only given a relevant notice for the other period after a day that would enable the party to comply with subsection (2) .\nWithin 5 business days after being given a relevant notice for the other period, the contracting party must give the contracted party for the subcontract a relevant notice for the defects liability period for the subcontract.\nMaximum penalty—100 penalty units.\nThis section does not apply to a contracting party who enters into a building contract as a principal.\ns 67NC ins 2017 No. 43 s 278\n(sec.67NC-ssec.1) This section applies if either of the following apply for a building contract— a retention amount is withheld; a security is held after practical completion in relation to the need to correct defects in the building work under the contract.\n(sec.67NC-ssec.2) Within 10 business days before the end of the defects liability period, the contracting party must give the contracted party a notice (the relevant notice ), in the approved form, stating the following— the date that the defects liability period ends; for a retention amount— the amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and the date the retention amount is proposed to be paid to the contracted party. Maximum penalty—100 penalty units.\n(sec.67NC-ssec.3) However, subsection (4) applies if— the defects liability period relates to a subcontract; and the defects liability period is linked to the defects liability period (the other period ) for another building contract; and the contracting party for the subcontract is only given a relevant notice for the other period after a day that would enable the party to comply with subsection (2) .\n(sec.67NC-ssec.4) Within 5 business days after being given a relevant notice for the other period, the contracting party must give the contracted party for the subcontract a relevant notice for the defects liability period for the subcontract. Maximum penalty—100 penalty units.\n(sec.67NC-ssec.5) This section does not apply to a contracting party who enters into a building contract as a principal.\n- (a) a retention amount is withheld;\n- (b) a security is held after practical completion in relation to the need to correct defects in the building work under the contract.\n- (a) the date that the defects liability period ends;\n- (b) for a retention amount— (i) the amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and (ii) the date the retention amount is proposed to be paid to the contracted party.\n- (i) the amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and\n- (ii) the date the retention amount is proposed to be paid to the contracted party.\n- (i) the amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and\n- (ii) the date the retention amount is proposed to be paid to the contracted party.\n- (a) the defects liability period relates to a subcontract; and\n- (b) the defects liability period is linked to the defects liability period (the other period ) for another building contract; and\n- (c) the contracting party for the subcontract is only given a relevant notice for the other period after a day that would enable the party to comply with subsection (2) .","sortOrder":279},{"sectionNumber":"sec.67O","sectionType":"section","heading":"Suspension of works","content":"### sec.67O Suspension of works\n\nThis section applies if—\nthe contracting party for a building contract has not complied with an order of a court or of the tribunal given in favour of the contracted party for the contract in relation to an issue arising under the contract; or\nall of the following apply—\nan amount is required to be paid to the contracted party for a building contract by a particular time;\nthe full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained;\nthe requirement to pay the amount is not in dispute between the contracting party and the contracted party.\nThe contracted party may give the contracting party a written notice stating—\ndetails of the circumstance mentioned in subsection (1) (a) , or of the circumstances mentioned in subsection (1) (b) (i) to (iii) ; and\nthat the contracted party intends to suspend building work the subject of the building contract if the order mentioned in subsection (1) (a) is not complied with, or if the amount mentioned in subsection (1) (b) is not paid, within the time stated in the written notice.\nThe time stated in the written notice must be not less than 7 days after the written notice is given.\nIf the order is not complied with, or the amount is not paid, within the time stated in the written notice, the contracted party may—\ngive the contracting party a further written notice that the contracted party is suspending the building work immediately; and\nsuspend the building work immediately the further written notice is given.\nIf the contracted party suspends building work under subsection (4) , the contracted party—\nis not in breach of the building contract; and\nkeeps the contracted party’s rights under the contract, including any right to terminate the contract; and\nmay at any time lift the suspension, even if the order has not been complied with or the amount has not been paid.\nSubsection (7) applies if—\nthe order is complied with, or the amount is paid; and\nthe suspension is still in force; and\nthe contracting party gives written notice to the contracted party—\nadvising the order has been complied with or the amount has been paid; and\nrequiring the contracted party to recommence the building work under the contract.\nThe building contract is subject to a condition that the contracted party must recommence carrying out building work under the contract within 7 days after the contracted party receives the written notice mentioned in subsection (6) (c) , or at a later time agreed to between the contracting party and the contracted party.\ns 67O ins 1999 No. 43 s 29\n(sec.67O-ssec.1) This section applies if— the contracting party for a building contract has not complied with an order of a court or of the tribunal given in favour of the contracted party for the contract in relation to an issue arising under the contract; or all of the following apply— an amount is required to be paid to the contracted party for a building contract by a particular time; the full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained; the requirement to pay the amount is not in dispute between the contracting party and the contracted party.\n(sec.67O-ssec.2) The contracted party may give the contracting party a written notice stating— details of the circumstance mentioned in subsection (1) (a) , or of the circumstances mentioned in subsection (1) (b) (i) to (iii) ; and that the contracted party intends to suspend building work the subject of the building contract if the order mentioned in subsection (1) (a) is not complied with, or if the amount mentioned in subsection (1) (b) is not paid, within the time stated in the written notice.\n(sec.67O-ssec.3) The time stated in the written notice must be not less than 7 days after the written notice is given.\n(sec.67O-ssec.4) If the order is not complied with, or the amount is not paid, within the time stated in the written notice, the contracted party may— give the contracting party a further written notice that the contracted party is suspending the building work immediately; and suspend the building work immediately the further written notice is given.\n(sec.67O-ssec.5) If the contracted party suspends building work under subsection (4) , the contracted party— is not in breach of the building contract; and keeps the contracted party’s rights under the contract, including any right to terminate the contract; and may at any time lift the suspension, even if the order has not been complied with or the amount has not been paid.\n(sec.67O-ssec.6) Subsection (7) applies if— the order is complied with, or the amount is paid; and the suspension is still in force; and the contracting party gives written notice to the contracted party— advising the order has been complied with or the amount has been paid; and requiring the contracted party to recommence the building work under the contract.\n(sec.67O-ssec.7) The building contract is subject to a condition that the contracted party must recommence carrying out building work under the contract within 7 days after the contracted party receives the written notice mentioned in subsection (6) (c) , or at a later time agreed to between the contracting party and the contracted party.\n- (a) the contracting party for a building contract has not complied with an order of a court or of the tribunal given in favour of the contracted party for the contract in relation to an issue arising under the contract; or\n- (b) all of the following apply— (i) an amount is required to be paid to the contracted party for a building contract by a particular time; (ii) the full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained; (iii) the requirement to pay the amount is not in dispute between the contracting party and the contracted party.\n- (i) an amount is required to be paid to the contracted party for a building contract by a particular time;\n- (ii) the full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained;\n- (iii) the requirement to pay the amount is not in dispute between the contracting party and the contracted party.\n- (i) an amount is required to be paid to the contracted party for a building contract by a particular time;\n- (ii) the full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained;\n- (iii) the requirement to pay the amount is not in dispute between the contracting party and the contracted party.\n- (a) details of the circumstance mentioned in subsection (1) (a) , or of the circumstances mentioned in subsection (1) (b) (i) to (iii) ; and\n- (b) that the contracted party intends to suspend building work the subject of the building contract if the order mentioned in subsection (1) (a) is not complied with, or if the amount mentioned in subsection (1) (b) is not paid, within the time stated in the written notice.\n- (a) give the contracting party a further written notice that the contracted party is suspending the building work immediately; and\n- (b) suspend the building work immediately the further written notice is given.\n- (a) is not in breach of the building contract; and\n- (b) keeps the contracted party’s rights under the contract, including any right to terminate the contract; and\n- (c) may at any time lift the suspension, even if the order has not been complied with or the amount has not been paid.\n- (a) the order is complied with, or the amount is paid; and\n- (b) the suspension is still in force; and\n- (c) the contracting party gives written notice to the contracted party— (i) advising the order has been complied with or the amount has been paid; and (ii) requiring the contracted party to recommence the building work under the contract.\n- (i) advising the order has been complied with or the amount has been paid; and\n- (ii) requiring the contracted party to recommence the building work under the contract.\n- (i) advising the order has been complied with or the amount has been paid; and\n- (ii) requiring the contracted party to recommence the building work under the contract.","sortOrder":280},{"sectionNumber":"sec.67P","sectionType":"section","heading":"Late progress payments","content":"### sec.67P Late progress payments\n\nThis section applies if—\nthe contracting party for a building contract is required to pay an amount (the progress amount ) to the contracted party for the building contract; and\nthe progress amount is payable as the whole or a part of a progress payment; and\nthe time (the payment time ) by which the progress amount is required to be paid has passed, and the progress amount, or a part of the progress amount, has not been paid.\nFor the period for which the progress amount, or the part of the progress amount, is still unpaid after the payment time, the contracting party is also required to pay the contracted party interest at the penalty rate, as applying from time to time, for each day the amount is unpaid.\nIn this section—\npenalty rate means—\nthe rate made up of the sum of the following—\n10% a year;\nthe rate comprising the annual rate, as published from time to time by the Reserve Bank of Australia, for 90 day bills; or\nif the building contract provides for a higher rate of interest than the rate worked out under paragraph (a) —the higher rate.\ns 67P ins 1999 No. 43 s 29\namd 2000 No. 10 s 183 sch 1\n(sec.67P-ssec.1) This section applies if— the contracting party for a building contract is required to pay an amount (the progress amount ) to the contracted party for the building contract; and the progress amount is payable as the whole or a part of a progress payment; and the time (the payment time ) by which the progress amount is required to be paid has passed, and the progress amount, or a part of the progress amount, has not been paid.\n(sec.67P-ssec.2) For the period for which the progress amount, or the part of the progress amount, is still unpaid after the payment time, the contracting party is also required to pay the contracted party interest at the penalty rate, as applying from time to time, for each day the amount is unpaid.\n(sec.67P-ssec.3) In this section— penalty rate means— the rate made up of the sum of the following— 10% a year; the rate comprising the annual rate, as published from time to time by the Reserve Bank of Australia, for 90 day bills; or if the building contract provides for a higher rate of interest than the rate worked out under paragraph (a) —the higher rate.\n- (a) the contracting party for a building contract is required to pay an amount (the progress amount ) to the contracted party for the building contract; and\n- (b) the progress amount is payable as the whole or a part of a progress payment; and\n- (c) the time (the payment time ) by which the progress amount is required to be paid has passed, and the progress amount, or a part of the progress amount, has not been paid.\n- (a) the rate made up of the sum of the following— (i) 10% a year; (ii) the rate comprising the annual rate, as published from time to time by the Reserve Bank of Australia, for 90 day bills; or\n- (i) 10% a year;\n- (ii) the rate comprising the annual rate, as published from time to time by the Reserve Bank of Australia, for 90 day bills; or\n- (b) if the building contract provides for a higher rate of interest than the rate worked out under paragraph (a) —the higher rate.\n- (i) 10% a year;\n- (ii) the rate comprising the annual rate, as published from time to time by the Reserve Bank of Australia, for 90 day bills; or","sortOrder":281},{"sectionNumber":"sec.67Q","sectionType":"section","heading":null,"content":"### Section sec.67Q\n\ns 67Q ins 1999 No. 43 s 29\nom 2004 No. 6 s 113 sch 1","sortOrder":282},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":"Construction management trade contracts and subcontracts","content":"## Construction management trade contracts and subcontracts","sortOrder":283},{"sectionNumber":"sec.67R","sectionType":"section","heading":"Application of div 3","content":"### sec.67R Application of div 3\n\nThis division applies to a building contract if the building contract is a construction management trade contract or a subcontract.\ns 67R ins 1999 No. 43 s 29","sortOrder":284},{"sectionNumber":"sec.67S","sectionType":"section","heading":"Lodgement of security instead of retention amount or security in money form","content":"### sec.67S Lodgement of security instead of retention amount or security in money form\n\nThis section applies if the contracted party for a building contract is under a lawful obligation to lodge a security in the form of an amount of money (the relevant amount ).\nThe contracted party complies with the obligation if—\nthe contracted party lodges with the contracting party a security, in the form of a government bond or a valuable instrument from an approved security provider, to take the place of the security in the form of money; and\nthe value of the security is equal to the relevant amount.\nIf the contracted party lodges a security in the form of a valuable instrument from an entity that is an approved security provider, and the entity stops being an approved security provider, the contracted party must, if asked by the contracting party, lodge a further security, in a form mentioned in subsection (2) (a) , to take the place of the security in the form of money.\ns 67S ins 1999 No. 43 s 29\n(sec.67S-ssec.1) This section applies if the contracted party for a building contract is under a lawful obligation to lodge a security in the form of an amount of money (the relevant amount ).\n(sec.67S-ssec.2) The contracted party complies with the obligation if— the contracted party lodges with the contracting party a security, in the form of a government bond or a valuable instrument from an approved security provider, to take the place of the security in the form of money; and the value of the security is equal to the relevant amount.\n(sec.67S-ssec.3) If the contracted party lodges a security in the form of a valuable instrument from an entity that is an approved security provider, and the entity stops being an approved security provider, the contracted party must, if asked by the contracting party, lodge a further security, in a form mentioned in subsection (2) (a) , to take the place of the security in the form of money.\n- (a) the contracted party lodges with the contracting party a security, in the form of a government bond or a valuable instrument from an approved security provider, to take the place of the security in the form of money; and\n- (b) the value of the security is equal to the relevant amount.","sortOrder":285},{"sectionNumber":"sec.67T","sectionType":"section","heading":"Lodgement of security to replace retention amount or security in money form","content":"### sec.67T Lodgement of security to replace retention amount or security in money form\n\nThis section applies if, under a building contract, the contracting party is holding—\nan amount (the relevant amount ) as a retention amount; or\na security in the form of an amount of money (also the relevant amount ).\nThe building contract is subject to a condition that—\nthe contracted party may lodge with the contracting party a security, in the form of a government bond or a valuable instrument from an approved security provider, to take the place of the retention amount or of the security in the form of money; and\non the lodging of the security, the contracting party must pay the contracted party the relevant amount.\nHowever, subsection (2) applies only if the value of the security lodged is equal to the relevant amount.\nIf the contracted party lodges a security in the form of a valuable instrument from an entity that is an approved security provider, and the entity stops being an approved security provider, the contracted party must, if asked by the contracting party, lodge a further security, in a form mentioned in subsection (2) (a) , to take the place of the retention amount or of the security in the form of money.\ns 67T ins 1999 No. 43 s 29\n(sec.67T-ssec.1) This section applies if, under a building contract, the contracting party is holding— an amount (the relevant amount ) as a retention amount; or a security in the form of an amount of money (also the relevant amount ).\n(sec.67T-ssec.2) The building contract is subject to a condition that— the contracted party may lodge with the contracting party a security, in the form of a government bond or a valuable instrument from an approved security provider, to take the place of the retention amount or of the security in the form of money; and on the lodging of the security, the contracting party must pay the contracted party the relevant amount.\n(sec.67T-ssec.3) However, subsection (2) applies only if the value of the security lodged is equal to the relevant amount.\n(sec.67T-ssec.4) If the contracted party lodges a security in the form of a valuable instrument from an entity that is an approved security provider, and the entity stops being an approved security provider, the contracted party must, if asked by the contracting party, lodge a further security, in a form mentioned in subsection (2) (a) , to take the place of the retention amount or of the security in the form of money.\n- (a) an amount (the relevant amount ) as a retention amount; or\n- (b) a security in the form of an amount of money (also the relevant amount ).\n- (a) the contracted party may lodge with the contracting party a security, in the form of a government bond or a valuable instrument from an approved security provider, to take the place of the retention amount or of the security in the form of money; and\n- (b) on the lodging of the security, the contracting party must pay the contracted party the relevant amount.","sortOrder":286},{"sectionNumber":"sec.67U","sectionType":"section","heading":"Void payment provision in construction management trade contract or subcontract","content":"### sec.67U Void payment provision in construction management trade contract or subcontract\n\nA provision in a construction management trade contract or subcontract is void to the extent it provides for payment of a progress payment by a contracting party to a contracted party later than 25 business days after submission of a payment claim.\nIn this section—\nbusiness day means a day that is not—\na Saturday or Sunday; or\na public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done; or\na day in the period from 22 December in a particular year to 10 January in the following year, both days inclusive.\ns 67U ins 1999 No. 43 s 29\nsub 2004 No. 6 s 113 sch 1\namd 2020 No. 24 s 131\n(sec.67U-ssec.1) A provision in a construction management trade contract or subcontract is void to the extent it provides for payment of a progress payment by a contracting party to a contracted party later than 25 business days after submission of a payment claim.\n(sec.67U-ssec.2) In this section— business day means a day that is not— a Saturday or Sunday; or a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done; or a day in the period from 22 December in a particular year to 10 January in the following year, both days inclusive.\n- (a) a Saturday or Sunday; or\n- (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done; or\n- (c) a day in the period from 22 December in a particular year to 10 January in the following year, both days inclusive.","sortOrder":287},{"sectionNumber":"pt.4A-div.4","sectionType":"division","heading":"Warning for construction management trade contracts","content":"## Warning for construction management trade contracts","sortOrder":288},{"sectionNumber":"sec.67V","sectionType":"section","heading":"Offence of not warning that contract is construction management trade contract","content":"### sec.67V Offence of not warning that contract is construction management trade contract\n\nThe contracting party for a construction management trade contract commits an offence if—\nthe construction management trade contract does not include a warning complying with subsection (2) ; and\nthe warning is not initialled by the contracted party for the contract.\nMaximum penalty—80 penalty units.\nThe warning—\nmust be in a form prescribed by regulation; and\nmust be concerned with the possible dangers for the contracted party for the contract of entering into a construction management trade contract rather than a subcontract.\ns 67V ins 1999 No. 43 s 29\namd 2003 No. 1 s 35 ; 2007 No. 47 s 42\n(sec.67V-ssec.1) The contracting party for a construction management trade contract commits an offence if— the construction management trade contract does not include a warning complying with subsection (2) ; and the warning is not initialled by the contracted party for the contract. Maximum penalty—80 penalty units.\n(sec.67V-ssec.2) The warning— must be in a form prescribed by regulation; and must be concerned with the possible dangers for the contracted party for the contract of entering into a construction management trade contract rather than a subcontract.\n- (a) the construction management trade contract does not include a warning complying with subsection (2) ; and\n- (b) the warning is not initialled by the contracted party for the contract.\n- (a) must be in a form prescribed by regulation; and\n- (b) must be concerned with the possible dangers for the contracted party for the contract of entering into a construction management trade contract rather than a subcontract.","sortOrder":289},{"sectionNumber":"pt.4A-div.5","sectionType":"division","heading":"Commercial building contracts","content":"## Commercial building contracts","sortOrder":290},{"sectionNumber":"sec.67W","sectionType":"section","heading":"Void payment provision in commercial building contract","content":"### sec.67W Void payment provision in commercial building contract\n\nA provision in a commercial building contract is void to the extent it provides for payment of a progress payment by a contracting party to a contracted party later than 15 business days after submission of a payment claim.\nIn this section—\nbusiness day means a day that is not—\na Saturday or Sunday; or\na public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done; or\na day in the period from 22 December in a particular year to 10 January in the following year, both days inclusive.\ns 67W ins 1999 No. 43 s 29\nsub 2004 No. 6 s 113 sch 1\namd 2020 No. 24 s 132\n(sec.67W-ssec.1) A provision in a commercial building contract is void to the extent it provides for payment of a progress payment by a contracting party to a contracted party later than 15 business days after submission of a payment claim.\n(sec.67W-ssec.2) In this section— business day means a day that is not— a Saturday or Sunday; or a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done; or a day in the period from 22 December in a particular year to 10 January in the following year, both days inclusive.\n- (a) a Saturday or Sunday; or\n- (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done; or\n- (c) a day in the period from 22 December in a particular year to 10 January in the following year, both days inclusive.","sortOrder":291},{"sectionNumber":"pt.5","sectionType":"part","heading":"The statutory insurance scheme","content":"# The statutory insurance scheme","sortOrder":292},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":293},{"sectionNumber":"sec.67WA","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.67WA Definitions for pt 5\n\nIn this part—\nappropriate insurance premium , for residential construction work, means the insurance premium set for the work under section 68D .\nassistance includes arranging and paying for the rectification or completion of residential construction work by a licensed contractor appointed by the commission.\nassociated insurable work see section 67WD (1) .\nconsumer —\nfor residential construction work—\nmeans a person who contracts with a licensed contractor to carry out the work; and\nincludes a person who purchases the work, once completed, if the work is primary insurable work; but\ndoes not include a licensed contractor for whom work mentioned in paragraph (a) is carried out by a subcontractor.\nSee also section 68H (1) (c) and (5) .\ns 67WA def consumer ins 2014 No. 57 s 36 (amd 2016 No. 11 s 23B (1) )\nsub 2022 No. 11 s 62\ncontract , for the carrying out of residential work, see section 67WBA .\ns 67WA def contract ins 2025 No. 14 s 85Q\nincomplete , in relation to residential construction work—\nmeans work that has not reached practical completion; but\ndoes not include—\nwork that does not comply with the contract because of a cosmetic difference; or\na different shade of paint\nwork that is defective.\ninsurable value , of residential construction work, means an amount representing the reasonable cost to the insurer of having the work carried out by a licensed contractor on the basis that all building and other materials are to be supplied by the contractor (whether or not the work is carried out by a licensed contractor on that basis).\nrelocating, transporting and resiting of an existing residence to another site\nthe construction, off-site, of a residence or related roofed building and transportation of the residence or building to the relevant building site\nthe erection of scaffolding required to carry out the residential construction work\ntransporting labour and materials to the relevant building site.\noptional additional cover see section 67Z (4) .\nother materials , for residential construction work, includes appliances if included as part of the contract for carrying out the residential construction work.\nprimary insurable work see section 67WC .\nrelated roofed building see section 67WF .\nresidence see section 67WE .\nresidential construction work is—\nprimary insurable work; or\nassociated insurable work.\nspeculative residential construction work means residential construction work carried out by a building contractor if—\nthe work is not carried out under a contract with a consumer; and\nthe work is carried out on land owned by the building contractor; and\nthe work is a single detached dwelling or a multiple dwelling of not more than 3 storeys; and\nthe dwelling has been sold, or is intended for sale, to another person.\ns 67WA ins 2014 No. 57 s 36\n- (a) for residential construction work— (i) means a person who contracts with a licensed contractor to carry out the work; and (ii) includes a person who purchases the work, once completed, if the work is primary insurable work; but\n- (i) means a person who contracts with a licensed contractor to carry out the work; and\n- (ii) includes a person who purchases the work, once completed, if the work is primary insurable work; but\n- (b) does not include a licensed contractor for whom work mentioned in paragraph (a) is carried out by a subcontractor. Note— See also section 68H (1) (c) and (5) .\n- (i) means a person who contracts with a licensed contractor to carry out the work; and\n- (ii) includes a person who purchases the work, once completed, if the work is primary insurable work; but\n- (a) means work that has not reached practical completion; but\n- (b) does not include— (i) work that does not comply with the contract because of a cosmetic difference; or Example of a cosmetic difference— a different shade of paint (ii) work that is defective.\n- (i) work that does not comply with the contract because of a cosmetic difference; or Example of a cosmetic difference— a different shade of paint\n- (ii) work that is defective.\n- (i) work that does not comply with the contract because of a cosmetic difference; or Example of a cosmetic difference— a different shade of paint\n- (ii) work that is defective.\n- • relocating, transporting and resiting of an existing residence to another site\n- • the construction, off-site, of a residence or related roofed building and transportation of the residence or building to the relevant building site\n- • the erection of scaffolding required to carry out the residential construction work\n- • transporting labour and materials to the relevant building site.\n- (a) primary insurable work; or\n- (b) associated insurable work.\n- (a) the work is not carried out under a contract with a consumer; and\n- (b) the work is carried out on land owned by the building contractor; and\n- (c) the work is a single detached dwelling or a multiple dwelling of not more than 3 storeys; and\n- (d) the dwelling has been sold, or is intended for sale, to another person.","sortOrder":294},{"sectionNumber":"sec.67WB","sectionType":"section","heading":"Work not covered under the statutory insurance scheme","content":"### sec.67WB Work not covered under the statutory insurance scheme\n\nThe following work is not eligible for assistance from the statutory insurance scheme—\nbuilding work on, or on the site of, a building or proposed building that is or forms part of any of the following—\na backpacker’s accommodation, boarding house, caravan park, guest house, holiday accommodation, hostel, hotel, lodging house or motel;\na correctional centre, lock-up, prison, reformatory or watch house;\na hospital, nursing home or other health care building;\nan orphanage or children’s home;\na retirement village under the Retirement Villages Act 1999 ;\nan educational institution;\ngroup accommodation for persons with a physical or mental disability;\ncommercial or industrial premises;\nbuilding work carried out by a building contractor for a person who is the holder of an owner-builder permit covering the work;\nloading, unloading or transporting a building that, if it were fixed to land, could be a residence, or a related roofed building, regardless of whether the transport is within the boundaries of land where the building is located or otherwise;\noff-site prefabrication of the whole of a building that could be a residence, or a related roofed building, whether or not the building is in its final form or in parts;\nloading, unloading or transporting a completed prefabricated building that could be a residence or a related roofed building, whether the building is transported whole or in parts, regardless of whether the transport is within the boundaries of land where the building is prefabricated, or to be located, or otherwise;\nA building is too large to be transported as a completed unit, and is transported on 3 trucks, then joined together on the land where it is to be used.\nother work prescribed by regulation.\nAny work mentioned in subsection (1) is taken not to be primary insurable work or associated insurable work.\nAssociated insurable work is not eligible for assistance from the statutory insurance scheme unless carried out under a contract for primary insurable work and—\nfor primary insurable work relating to a residence—the work is carried out on the site of the residence or proposed residence and is for residential purposes; or\nfor primary insurable work relating to a related roofed building—the work is carried out on the site of the building or proposed building and is for residential purposes.\nIn this section—\ncompleted prefabricated building includes a prefabricated building—\nthat has not been placed on land where it is to be used; or\nto which services have not been connected, including, for example, electricity or plumbing and drainage.\ns 67WB ins 2014 No. 57 s 36\namd 2022 No. 11 s 68 sch 1\n(sec.67WB-ssec.1) The following work is not eligible for assistance from the statutory insurance scheme— building work on, or on the site of, a building or proposed building that is or forms part of any of the following— a backpacker’s accommodation, boarding house, caravan park, guest house, holiday accommodation, hostel, hotel, lodging house or motel; a correctional centre, lock-up, prison, reformatory or watch house; a hospital, nursing home or other health care building; an orphanage or children’s home; a retirement village under the Retirement Villages Act 1999 ; an educational institution; group accommodation for persons with a physical or mental disability; commercial or industrial premises; building work carried out by a building contractor for a person who is the holder of an owner-builder permit covering the work; loading, unloading or transporting a building that, if it were fixed to land, could be a residence, or a related roofed building, regardless of whether the transport is within the boundaries of land where the building is located or otherwise; off-site prefabrication of the whole of a building that could be a residence, or a related roofed building, whether or not the building is in its final form or in parts; loading, unloading or transporting a completed prefabricated building that could be a residence or a related roofed building, whether the building is transported whole or in parts, regardless of whether the transport is within the boundaries of land where the building is prefabricated, or to be located, or otherwise; A building is too large to be transported as a completed unit, and is transported on 3 trucks, then joined together on the land where it is to be used. other work prescribed by regulation.\n(sec.67WB-ssec.2) Any work mentioned in subsection (1) is taken not to be primary insurable work or associated insurable work.\n(sec.67WB-ssec.3) Associated insurable work is not eligible for assistance from the statutory insurance scheme unless carried out under a contract for primary insurable work and— for primary insurable work relating to a residence—the work is carried out on the site of the residence or proposed residence and is for residential purposes; or for primary insurable work relating to a related roofed building—the work is carried out on the site of the building or proposed building and is for residential purposes.\n(sec.67WB-ssec.4) In this section— completed prefabricated building includes a prefabricated building— that has not been placed on land where it is to be used; or to which services have not been connected, including, for example, electricity or plumbing and drainage.\n- (a) building work on, or on the site of, a building or proposed building that is or forms part of any of the following— (i) a backpacker’s accommodation, boarding house, caravan park, guest house, holiday accommodation, hostel, hotel, lodging house or motel; (ii) a correctional centre, lock-up, prison, reformatory or watch house; (iii) a hospital, nursing home or other health care building; (iv) an orphanage or children’s home; (v) a retirement village under the Retirement Villages Act 1999 ; (vi) an educational institution; (vii) group accommodation for persons with a physical or mental disability; (viii) commercial or industrial premises;\n- (i) a backpacker’s accommodation, boarding house, caravan park, guest house, holiday accommodation, hostel, hotel, lodging house or motel;\n- (ii) a correctional centre, lock-up, prison, reformatory or watch house;\n- (iii) a hospital, nursing home or other health care building;\n- (iv) an orphanage or children’s home;\n- (v) a retirement village under the Retirement Villages Act 1999 ;\n- (vi) an educational institution;\n- (vii) group accommodation for persons with a physical or mental disability;\n- (viii) commercial or industrial premises;\n- (b) building work carried out by a building contractor for a person who is the holder of an owner-builder permit covering the work;\n- (c) loading, unloading or transporting a building that, if it were fixed to land, could be a residence, or a related roofed building, regardless of whether the transport is within the boundaries of land where the building is located or otherwise;\n- (d) off-site prefabrication of the whole of a building that could be a residence, or a related roofed building, whether or not the building is in its final form or in parts;\n- (e) loading, unloading or transporting a completed prefabricated building that could be a residence or a related roofed building, whether the building is transported whole or in parts, regardless of whether the transport is within the boundaries of land where the building is prefabricated, or to be located, or otherwise; Example of a building transported in parts— A building is too large to be transported as a completed unit, and is transported on 3 trucks, then joined together on the land where it is to be used.\n- (f) other work prescribed by regulation.\n- (i) a backpacker’s accommodation, boarding house, caravan park, guest house, holiday accommodation, hostel, hotel, lodging house or motel;\n- (ii) a correctional centre, lock-up, prison, reformatory or watch house;\n- (iii) a hospital, nursing home or other health care building;\n- (iv) an orphanage or children’s home;\n- (v) a retirement village under the Retirement Villages Act 1999 ;\n- (vi) an educational institution;\n- (vii) group accommodation for persons with a physical or mental disability;\n- (viii) commercial or industrial premises;\n- (a) for primary insurable work relating to a residence—the work is carried out on the site of the residence or proposed residence and is for residential purposes; or\n- (b) for primary insurable work relating to a related roofed building—the work is carried out on the site of the building or proposed building and is for residential purposes.\n- (a) that has not been placed on land where it is to be used; or\n- (b) to which services have not been connected, including, for example, electricity or plumbing and drainage.","sortOrder":295},{"sectionNumber":"sec.67WBA","sectionType":"section","heading":"References to contract for carrying out of residential construction work","content":"### sec.67WBA References to contract for carrying out of residential construction work\n\nA reference in this part to a contract that is a contract for the carrying out of residential construction work includes a reference to an arrangement that but for the operation of schedule 1B , section 13 (5) or 14 (10) would have effect as a contract for the carrying out of residential construction work.\nan arrangement between a licensed contractor and a person, reached through an exchange of emails, under which the contractor will carry out residential construction work for the person\ns 67WBA ins 2025 No. 14 s 85R\n(sec.67WBA-ssec) A reference in this part to a contract that is a contract for the carrying out of residential construction work includes a reference to an arrangement that but for the operation of schedule 1B , section 13 (5) or 14 (10) would have effect as a contract for the carrying out of residential construction work. an arrangement between a licensed contractor and a person, reached through an exchange of emails, under which the contractor will carry out residential construction work for the person","sortOrder":296},{"sectionNumber":"sec.67WC","sectionType":"section","heading":"Meaning of primary insurable work","content":"### sec.67WC Meaning of primary insurable work\n\nPrimary insurable work is any of the following building work if carried out by a licensed contractor and the insurable value of the work is more than the regulated amount—\nthe erection or construction of a residence or related roofed building;\nbuilding work within the building envelope of a residence or related roofed building;\nbuilding work for anything attached or connected to a residence or related roofed building that requires building development approval under the Building Act 1975 or a permit under the Plumbing and Drainage Act 2018 ;\nthe erection, construction or installation of a swimming pool within the meaning of the Building Act 1975 , schedule 2 ;\nother building work prescribed by regulation.\nHowever, the following is not primary insurable work, but may be associated insurable work—\nfencing;\nlandscaping;\nelectrical work under the Electrical Safety Act 2002 ;\ninstallation, renovation, repair or replacement of any of the following—\nair conditioning;\ndriveways or paths;\nunits for heating water regardless of the source of energy for heating, and including units for heating swimming pools;\nrefrigeration;\nroller shades and shutter screens;\nsecurity doors and grills;\nsolar power units and associated electrical components;\nwater tanks that are not part of a primary water supply for a residence or related roofed building;\nother work prescribed by regulation.\nIn this section—\nbuilding envelope , for a residence or related roofed building, means the outermost sides of the aggregation of the components of a building that have the primary function of separating the internal part of the residence or related roofed building from the external environment.\nthe slab and footings system, an external wall and a roof\nregulated amount means $3,300 or the higher amount, if any, prescribed by a regulation.\ns 67WC ins 2014 No. 57 s 36\namd 2018 No. 17 s 197 sch 2\n(sec.67WC-ssec.1) Primary insurable work is any of the following building work if carried out by a licensed contractor and the insurable value of the work is more than the regulated amount— the erection or construction of a residence or related roofed building; building work within the building envelope of a residence or related roofed building; building work for anything attached or connected to a residence or related roofed building that requires building development approval under the Building Act 1975 or a permit under the Plumbing and Drainage Act 2018 ; the erection, construction or installation of a swimming pool within the meaning of the Building Act 1975 , schedule 2 ; other building work prescribed by regulation.\n(sec.67WC-ssec.2) However, the following is not primary insurable work, but may be associated insurable work— fencing; landscaping; electrical work under the Electrical Safety Act 2002 ; installation, renovation, repair or replacement of any of the following— air conditioning; driveways or paths; units for heating water regardless of the source of energy for heating, and including units for heating swimming pools; refrigeration; roller shades and shutter screens; security doors and grills; solar power units and associated electrical components; water tanks that are not part of a primary water supply for a residence or related roofed building; other work prescribed by regulation.\n(sec.67WC-ssec.3) In this section— building envelope , for a residence or related roofed building, means the outermost sides of the aggregation of the components of a building that have the primary function of separating the internal part of the residence or related roofed building from the external environment. the slab and footings system, an external wall and a roof regulated amount means $3,300 or the higher amount, if any, prescribed by a regulation.\n- (a) the erection or construction of a residence or related roofed building;\n- (b) building work within the building envelope of a residence or related roofed building;\n- (c) building work for anything attached or connected to a residence or related roofed building that requires building development approval under the Building Act 1975 or a permit under the Plumbing and Drainage Act 2018 ;\n- (d) the erection, construction or installation of a swimming pool within the meaning of the Building Act 1975 , schedule 2 ;\n- (e) other building work prescribed by regulation.\n- (a) fencing;\n- (b) landscaping;\n- (c) electrical work under the Electrical Safety Act 2002 ;\n- (d) installation, renovation, repair or replacement of any of the following— (i) air conditioning; (ii) driveways or paths; (iii) units for heating water regardless of the source of energy for heating, and including units for heating swimming pools; (iv) refrigeration; (v) roller shades and shutter screens; (vi) security doors and grills; (vii) solar power units and associated electrical components; (viii) water tanks that are not part of a primary water supply for a residence or related roofed building;\n- (i) air conditioning;\n- (ii) driveways or paths;\n- (iii) units for heating water regardless of the source of energy for heating, and including units for heating swimming pools;\n- (iv) refrigeration;\n- (v) roller shades and shutter screens;\n- (vi) security doors and grills;\n- (vii) solar power units and associated electrical components;\n- (viii) water tanks that are not part of a primary water supply for a residence or related roofed building;\n- (e) other work prescribed by regulation.\n- (i) air conditioning;\n- (ii) driveways or paths;\n- (iii) units for heating water regardless of the source of energy for heating, and including units for heating swimming pools;\n- (iv) refrigeration;\n- (v) roller shades and shutter screens;\n- (vi) security doors and grills;\n- (vii) solar power units and associated electrical components;\n- (viii) water tanks that are not part of a primary water supply for a residence or related roofed building;","sortOrder":297},{"sectionNumber":"sec.67WD","sectionType":"section","heading":"Meaning of associated insurable work","content":"### sec.67WD Meaning of associated insurable work\n\nAssociated insurable work is any additional work that may be contracted to be carried out under a contract for primary insurable work if—\nfor primary insurable work relating to a residence—the work is carried out on the site of the residence or proposed residence and is for residential purposes; or\nfor primary insurable work relating to a related roofed building—the work is carried out on the site of the building or proposed building and is for residential purposes.\nTo remove any doubt, it is declared that\t associated insurable work may include work that is not building work.\nelectrical work under the Electrical Safety Act 2002 , erecting scaffolding, or earthmoving and excavation work\ns 67WD ins 2014 No. 57 s 36\n(sec.67WD-ssec.1) Associated insurable work is any additional work that may be contracted to be carried out under a contract for primary insurable work if— for primary insurable work relating to a residence—the work is carried out on the site of the residence or proposed residence and is for residential purposes; or for primary insurable work relating to a related roofed building—the work is carried out on the site of the building or proposed building and is for residential purposes.\n(sec.67WD-ssec.2) To remove any doubt, it is declared that\t associated insurable work may include work that is not building work. electrical work under the Electrical Safety Act 2002 , erecting scaffolding, or earthmoving and excavation work\n- (a) for primary insurable work relating to a residence—the work is carried out on the site of the residence or proposed residence and is for residential purposes; or\n- (b) for primary insurable work relating to a related roofed building—the work is carried out on the site of the building or proposed building and is for residential purposes.","sortOrder":298},{"sectionNumber":"sec.67WE","sectionType":"section","heading":"Meaning of residence","content":"### sec.67WE Meaning of residence\n\nEach of the following structures is a residence if the structure is fixed to land and used for residential purposes—\na single detached dwelling;\n1 or more attached dwellings that are separated by a common wall;\na row house, terrace house, townhouse or villa unit\na building, of not more than 3 storeys, containing 2 or more separate residential units.\nPart of a structure is also a residence if the structure is fixed to land and the part is designed to be used, and is used, for residential purposes.\nA manufactured home fixed to land in a residential park (whether or not it is permanently fixed) is also a residence .\nFor subsection (1) (c) , a regulation may prescribe how to calculate the number of storeys of a building.\nEach of the following things is not a residence —\nboats, caravans, motor vehicles, tents, trailers, trains and similar things;\na building designed as a temporary building, including, for example, a demountable building.\nIn this section—\nmanufactured home see the Manufactured Homes (Residential Parks) Act 2003 , section 10 .\nresidential park see the Manufactured Homes (Residential Parks) Act 2003 , section 12 .\nstorey means a space within a building which is situated between one floor level and the next floor level, or if there is no floor above, the ceiling or roof above, but is not a mezzanine or space that contains only—\na lift, shaft, stairway or meter room; or\na bathroom, shower room, laundry, water closet or other sanitary compartment; or\naccommodation intended for not more than 3 vehicles; or\nany combination of a thing mentioned in paragraphs (a) to (c) .\ns 67WE ins 2014 No. 57 s 36\n(sec.67WE-ssec.1) Each of the following structures is a residence if the structure is fixed to land and used for residential purposes— a single detached dwelling; 1 or more attached dwellings that are separated by a common wall; a row house, terrace house, townhouse or villa unit a building, of not more than 3 storeys, containing 2 or more separate residential units.\n(sec.67WE-ssec.2) Part of a structure is also a residence if the structure is fixed to land and the part is designed to be used, and is used, for residential purposes.\n(sec.67WE-ssec.3) A manufactured home fixed to land in a residential park (whether or not it is permanently fixed) is also a residence .\n(sec.67WE-ssec.4) For subsection (1) (c) , a regulation may prescribe how to calculate the number of storeys of a building.\n(sec.67WE-ssec.5) Each of the following things is not a residence — boats, caravans, motor vehicles, tents, trailers, trains and similar things; a building designed as a temporary building, including, for example, a demountable building.\n(sec.67WE-ssec.6) In this section— manufactured home see the Manufactured Homes (Residential Parks) Act 2003 , section 10 . residential park see the Manufactured Homes (Residential Parks) Act 2003 , section 12 . storey means a space within a building which is situated between one floor level and the next floor level, or if there is no floor above, the ceiling or roof above, but is not a mezzanine or space that contains only— a lift, shaft, stairway or meter room; or a bathroom, shower room, laundry, water closet or other sanitary compartment; or accommodation intended for not more than 3 vehicles; or any combination of a thing mentioned in paragraphs (a) to (c) .\n- (a) a single detached dwelling;\n- (b) 1 or more attached dwellings that are separated by a common wall; Examples— a row house, terrace house, townhouse or villa unit\n- (c) a building, of not more than 3 storeys, containing 2 or more separate residential units.\n- (a) boats, caravans, motor vehicles, tents, trailers, trains and similar things;\n- (b) a building designed as a temporary building, including, for example, a demountable building.\n- (a) a lift, shaft, stairway or meter room; or\n- (b) a bathroom, shower room, laundry, water closet or other sanitary compartment; or\n- (c) accommodation intended for not more than 3 vehicles; or\n- (d) any combination of a thing mentioned in paragraphs (a) to (c) .","sortOrder":299},{"sectionNumber":"sec.67WF","sectionType":"section","heading":"Meaning of related roofed building","content":"### sec.67WF Meaning of related roofed building\n\nA related roofed building means a building that—\nhas a roof designed to be—\npart of the building; and\nimpervious to water or wind; and\nis, or is proposed to be, on the site of a residence or proposed residence; and\nis used, or proposed to be used, for a purpose related to the use of a residence or proposed residence.\nA private garage, shed, carport, toilet building or change room on, or proposed to be placed on, the site of an existing or proposed residence.\nHowever, a building is not a related roofed building if—\nthe building is a residence; or\nthe roof of the building is a sail, umbrella or similar thing.\ns 67WF ins 2014 No. 57 s 36\n(sec.67WF-ssec.1) A related roofed building means a building that— has a roof designed to be— part of the building; and impervious to water or wind; and is, or is proposed to be, on the site of a residence or proposed residence; and is used, or proposed to be used, for a purpose related to the use of a residence or proposed residence. A private garage, shed, carport, toilet building or change room on, or proposed to be placed on, the site of an existing or proposed residence.\n(sec.67WF-ssec.2) However, a building is not a related roofed building if— the building is a residence; or the roof of the building is a sail, umbrella or similar thing.\n- (a) has a roof designed to be— (i) part of the building; and (ii) impervious to water or wind; and\n- (i) part of the building; and\n- (ii) impervious to water or wind; and\n- (b) is, or is proposed to be, on the site of a residence or proposed residence; and\n- (c) is used, or proposed to be used, for a purpose related to the use of a residence or proposed residence.\n- (i) part of the building; and\n- (ii) impervious to water or wind; and\n- (a) the building is a residence; or\n- (b) the roof of the building is a sail, umbrella or similar thing.","sortOrder":300},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Statutory insurance scheme","content":"## Statutory insurance scheme","sortOrder":301},{"sectionNumber":"sec.67X","sectionType":"section","heading":"Statutory insurance scheme","content":"### sec.67X Statutory insurance scheme\n\nThe statutory insurance scheme previously established under this Act is continued.\nThe purpose of the statutory insurance scheme is to provide assistance to consumers of residential construction work for loss associated with work that is defective or incomplete.\nAssistance can not be provided under the scheme to a consumer unless the consumer has suffered loss as a consequence of residential construction that is defective or incomplete.\nThe statutory insurance scheme may operate under, and be referred to as, the name prescribed by regulation.\ns 67X ins 2007 No. 47 s 43\nsub 2014 No. 57 s 36\n(sec.67X-ssec.1) The statutory insurance scheme previously established under this Act is continued.\n(sec.67X-ssec.2) The purpose of the statutory insurance scheme is to provide assistance to consumers of residential construction work for loss associated with work that is defective or incomplete.\n(sec.67X-ssec.3) Assistance can not be provided under the scheme to a consumer unless the consumer has suffered loss as a consequence of residential construction that is defective or incomplete.\n(sec.67X-ssec.4) The statutory insurance scheme may operate under, and be referred to as, the name prescribed by regulation.","sortOrder":302},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Assistance","content":"## Assistance","sortOrder":303},{"sectionNumber":"sec.67Y","sectionType":"section","heading":"Assistance available under statutory insurance scheme","content":"### sec.67Y Assistance available under statutory insurance scheme\n\nThe terms of cover under which a person is entitled to assistance under the statutory insurance scheme are prescribed by regulation.\ns 67Y ins 2007 No. 47 s 43\namd 2013 No. 38 s 14 sch 1\nsub 2014 No. 57 s 36","sortOrder":304},{"sectionNumber":"sec.67Z","sectionType":"section","heading":"Optional additional cover","content":"### sec.67Z Optional additional cover\n\nA consumer may obtain optional additional cover for residential construction work if a licensed contractor paid an insurance premium for the work under section 68B (2) .\nA licensed contractor who carries out speculative residential construction work may obtain optional additional cover for the work if the contractor paid an insurance premium for the work under section 68B (3) .\nHowever, optional additional cover is only obtainable by paying the insurance premium—\nfor a consumer—by the earlier of the following—\n30 business days after the day the consumer enters the relevant contract;\nthe day the residential construction work, to be carried out under the relevant contract, starts; or\nfor a licensed contractor who carries out speculative residential construction work—before the work starts.\nA regulation may provide for other matters relating to optional additional cover, including, for example—\nthe circumstances under which a person is entitled to optional additional cover; or\nany limitations or exclusions that may apply in relation to optional additional cover.\nIn this section—\noptional additional cover means additional assistance provided to a person, or the additional compensation to be paid under the statutory insurance scheme, as prescribed by regulation.\nrelevant contract , for a consumer, means a contract with a licensed contractor for residential construction work.\ns 67Z ins 2014 No. 57 s 36\n(sec.67Z-ssec.1) A consumer may obtain optional additional cover for residential construction work if a licensed contractor paid an insurance premium for the work under section 68B (2) .\n(sec.67Z-ssec.2) A licensed contractor who carries out speculative residential construction work may obtain optional additional cover for the work if the contractor paid an insurance premium for the work under section 68B (3) .\n(sec.67Z-ssec.3) However, optional additional cover is only obtainable by paying the insurance premium— for a consumer—by the earlier of the following— 30 business days after the day the consumer enters the relevant contract; the day the residential construction work, to be carried out under the relevant contract, starts; or for a licensed contractor who carries out speculative residential construction work—before the work starts.\n(sec.67Z-ssec.4) A regulation may provide for other matters relating to optional additional cover, including, for example— the circumstances under which a person is entitled to optional additional cover; or any limitations or exclusions that may apply in relation to optional additional cover.\n(sec.67Z-ssec.5) In this section— optional additional cover means additional assistance provided to a person, or the additional compensation to be paid under the statutory insurance scheme, as prescribed by regulation. relevant contract , for a consumer, means a contract with a licensed contractor for residential construction work. s 67Z ins 2014 No. 57 s 36\n- (a) for a consumer—by the earlier of the following— (i) 30 business days after the day the consumer enters the relevant contract; (ii) the day the residential construction work, to be carried out under the relevant contract, starts; or\n- (i) 30 business days after the day the consumer enters the relevant contract;\n- (ii) the day the residential construction work, to be carried out under the relevant contract, starts; or\n- (b) for a licensed contractor who carries out speculative residential construction work—before the work starts.\n- (i) 30 business days after the day the consumer enters the relevant contract;\n- (ii) the day the residential construction work, to be carried out under the relevant contract, starts; or\n- (a) the circumstances under which a person is entitled to optional additional cover; or\n- (b) any limitations or exclusions that may apply in relation to optional additional cover.","sortOrder":305},{"sectionNumber":"sec.68","sectionType":"section","heading":"Persons not entitled to assistance under statutory insurance scheme","content":"### sec.68 Persons not entitled to assistance under statutory insurance scheme\n\nA licensed contractor who carries out speculative residential construction work is not entitled to assistance under the statutory insurance scheme for the work.\nSee section 68A (Licensed contractor pays insurance premium on behalf of consumer).\nIf a person enters into 1 or more building contracts, in force at the same time, to construct 3 or more living units, the person is not entitled to assistance under the statutory insurance scheme for the work carried out under the contracts.\nFor subsection (2) —\na single detached dwelling is taken to be 1 living unit; and\na residential unit is taken to be 1 living unit; and\na duplex is taken to be 2 living units.\nA regulation may prescribe other circumstances under which a person is not entitled to assistance under the statutory insurance scheme.\nNothing in section (1), (2) or (4) affects the right of a subsequent owner of residential construction work mentioned in this section to make a claim for assistance under the statutory insurance scheme.\ns 68 amd 1994 No. 20 s 22 ; 1998 No. 13 s 189 ; 1999 No. 43 s 30 ; 2000 No. 20 s 29 sch 3 ; 2007 No. 47 s 44 ; 2009 No. 36 s 872 sch 2 ; 2013 No. 38 s 14 sch 1\nsub 2014 No. 57 s 36\n(sec.68-ssec.1) A licensed contractor who carries out speculative residential construction work is not entitled to assistance under the statutory insurance scheme for the work. See section 68A (Licensed contractor pays insurance premium on behalf of consumer).\n(sec.68-ssec.2) If a person enters into 1 or more building contracts, in force at the same time, to construct 3 or more living units, the person is not entitled to assistance under the statutory insurance scheme for the work carried out under the contracts.\n(sec.68-ssec.3) For subsection (2) — a single detached dwelling is taken to be 1 living unit; and a residential unit is taken to be 1 living unit; and a duplex is taken to be 2 living units.\n(sec.68-ssec.4) A regulation may prescribe other circumstances under which a person is not entitled to assistance under the statutory insurance scheme.\n(sec.68-ssec.5) Nothing in section (1), (2) or (4) affects the right of a subsequent owner of residential construction work mentioned in this section to make a claim for assistance under the statutory insurance scheme.\n- (a) a single detached dwelling is taken to be 1 living unit; and\n- (b) a residential unit is taken to be 1 living unit; and\n- (c) a duplex is taken to be 2 living units.","sortOrder":306},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Insurance premiums","content":"## Insurance premiums","sortOrder":307},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Licensed contractor pays insurance premium on behalf of consumer","content":"### sec.68A Licensed contractor pays insurance premium on behalf of consumer\n\nA licensed contractor who pays an insurance premium under this division pays the premium on behalf of a consumer.\nA construction manager who pays an insurance premium under this division pays the premium on behalf of the principal who engages the manager.\nThe licensed contractor and construction manager are not entitled to assistance under the statutory insurance scheme because the contractor or manager pays the insurance premium under this division.\ns 68A ins 2007 No. 47 s 45\nsub 2014 No. 57 s 36\n(sec.68A-ssec.1) A licensed contractor who pays an insurance premium under this division pays the premium on behalf of a consumer.\n(sec.68A-ssec.2) A construction manager who pays an insurance premium under this division pays the premium on behalf of the principal who engages the manager.\n(sec.68A-ssec.3) The licensed contractor and construction manager are not entitled to assistance under the statutory insurance scheme because the contractor or manager pays the insurance premium under this division. s 68A ins 2007 No. 47 s 45 sub 2014 No. 57 s 36","sortOrder":308},{"sectionNumber":"sec.68B","sectionType":"section","heading":"When insurance premium is payable by licensed contractor","content":"### sec.68B When insurance premium is payable by licensed contractor\n\nSubsection (2) applies to a licensed contractor who is to carry out residential construction work under a contract with a consumer unless the work is the subject of a construction management contract.\nThe licensed contractor must collect from the consumer, and pay to the commission, the appropriate insurance premium before the first of the following to happen—\n10 business days elapse from the day the contract was entered into;\nthe residential construction work starts.\nMaximum penalty—100 penalty units.\nA licensed contractor who is to carry out residential construction work that is speculative residential construction work must pay the appropriate insurance premium for the work before the work starts.\nMaximum penalty—100 penalty units.\ns 68B ins 2007 No. 47 s 45\nsub 2014 No. 57 s 36\n(sec.68B-ssec.1) Subsection (2) applies to a licensed contractor who is to carry out residential construction work under a contract with a consumer unless the work is the subject of a construction management contract.\n(sec.68B-ssec.2) The licensed contractor must collect from the consumer, and pay to the commission, the appropriate insurance premium before the first of the following to happen— 10 business days elapse from the day the contract was entered into; the residential construction work starts. Maximum penalty—100 penalty units.\n(sec.68B-ssec.3) A licensed contractor who is to carry out residential construction work that is speculative residential construction work must pay the appropriate insurance premium for the work before the work starts. Maximum penalty—100 penalty units.\n- (a) 10 business days elapse from the day the contract was entered into;\n- (b) the residential construction work starts.","sortOrder":309},{"sectionNumber":"sec.68C","sectionType":"section","heading":"When insurance premium is payable by construction manager","content":"### sec.68C When insurance premium is payable by construction manager\n\nThis section applies to a construction manager if a principal engages the manager under a construction management contract to manage the carrying out of residential construction work.\nIf the construction manager holds a contractor’s licence of the relevant class for the construction management contract, the manager must collect from the principal, and pay to the commission, the appropriate insurance premium before the first of the following to happen—\n10 business days elapse from the day the manager is engaged under the contract;\nthe residential construction work starts.\nMaximum penalty—100 penalty units.\ns 68C ins 2007 No. 47 s 45\nsub 2014 No. 57 s 36\n(sec.68C-ssec.1) This section applies to a construction manager if a principal engages the manager under a construction management contract to manage the carrying out of residential construction work.\n(sec.68C-ssec.2) If the construction manager holds a contractor’s licence of the relevant class for the construction management contract, the manager must collect from the principal, and pay to the commission, the appropriate insurance premium before the first of the following to happen— 10 business days elapse from the day the manager is engaged under the contract; the residential construction work starts. Maximum penalty—100 penalty units.\n- (a) 10 business days elapse from the day the manager is engaged under the contract;\n- (b) the residential construction work starts.","sortOrder":310},{"sectionNumber":"sec.68D","sectionType":"section","heading":"Setting of insurance premiums","content":"### sec.68D Setting of insurance premiums\n\nThis section provides for setting the different insurance premiums payable under the statutory insurance scheme.\nInsurance premiums differ depending on the type of cover or type of work to which the premium relates.\nThe commission must state the insurance premiums, or the way the premiums are calculated, in the gazette.\nBefore stating the different insurance premiums, or the way the premiums are calculated, the commission must—\nhave regard to the commission’s obligation under section 26A ; and\nensure insurance premiums are sufficient to meet the costs mentioned in section 26 (3) ; and\nhave regard to any regulation made under section 26 (4) ; and\nobtain the Minister’s approval for the premium.\nThe commission must review the different insurance premiums at least once every 12 months.\nA regulation may prescribe the way the insurable value of residential construction work is calculated for stating an insurance premium.\nSubsection (7) applies if a principal engages a construction manager under a construction management contract to provide building work services for the carrying out of residential construction work.\nFor calculating the insurance premium payable by the construction manager, the amount paid by the principal to the construction manager under the contract must be added to the insurable value of the residential construction work.\ns 68D ins 2007 No. 47 s 45\namd 2013 No. 38 s 14 sch 1\nsub 2014 No. 57 s 36\n(sec.68D-ssec.1) This section provides for setting the different insurance premiums payable under the statutory insurance scheme. Insurance premiums differ depending on the type of cover or type of work to which the premium relates.\n(sec.68D-ssec.2) The commission must state the insurance premiums, or the way the premiums are calculated, in the gazette.\n(sec.68D-ssec.3) Before stating the different insurance premiums, or the way the premiums are calculated, the commission must— have regard to the commission’s obligation under section 26A ; and ensure insurance premiums are sufficient to meet the costs mentioned in section 26 (3) ; and have regard to any regulation made under section 26 (4) ; and obtain the Minister’s approval for the premium.\n(sec.68D-ssec.4) The commission must review the different insurance premiums at least once every 12 months.\n(sec.68D-ssec.5) A regulation may prescribe the way the insurable value of residential construction work is calculated for stating an insurance premium.\n(sec.68D-ssec.6) Subsection (7) applies if a principal engages a construction manager under a construction management contract to provide building work services for the carrying out of residential construction work.\n(sec.68D-ssec.7) For calculating the insurance premium payable by the construction manager, the amount paid by the principal to the construction manager under the contract must be added to the insurable value of the residential construction work.\n- (a) have regard to the commission’s obligation under section 26A ; and\n- (b) ensure insurance premiums are sufficient to meet the costs mentioned in section 26 (3) ; and\n- (c) have regard to any regulation made under section 26 (4) ; and\n- (d) obtain the Minister’s approval for the premium.","sortOrder":311},{"sectionNumber":"sec.68E","sectionType":"section","heading":"Obligation of assessment manager in relation to insurance premium","content":"### sec.68E Obligation of assessment manager in relation to insurance premium\n\nAn assessment manager must not, under the Planning Act , give a development approval for building work in relation to residential construction work unless—\nthe assessment manager has written information from the commission showing that the appropriate insurance premium has been paid; or\nthe applicant produces satisfactory evidence that no insurance premium is payable.\nMaximum penalty—20 penalty units.\ns 68E ins 2014 No. 57 s 36\namd 2016 No. 27 s 372\n(sec.68E-ssec) An assessment manager must not, under the Planning Act , give a development approval for building work in relation to residential construction work unless— the assessment manager has written information from the commission showing that the appropriate insurance premium has been paid; or the applicant produces satisfactory evidence that no insurance premium is payable. Maximum penalty—20 penalty units.\n- (a) the assessment manager has written information from the commission showing that the appropriate insurance premium has been paid; or\n- (b) the applicant produces satisfactory evidence that no insurance premium is payable.","sortOrder":312},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Notice and commencement of cover","content":"## Notice and commencement of cover","sortOrder":313},{"sectionNumber":"sec.68F","sectionType":"section","heading":"Notice of cover","content":"### sec.68F Notice of cover\n\nIf the commission accepts an insurance premium for residential construction work, the commission must issue a notice of cover for the work.\nThe notice of cover must include the matters prescribed by regulation.\nThe notice of cover may be revoked by the commission if the commission becomes aware, after the issuing of the notice, that the work for which the notice was issued is not residential construction work.\ns 68F ins 2014 No. 57 s 36\n(sec.68F-ssec.1) If the commission accepts an insurance premium for residential construction work, the commission must issue a notice of cover for the work.\n(sec.68F-ssec.2) The notice of cover must include the matters prescribed by regulation.\n(sec.68F-ssec.3) The notice of cover may be revoked by the commission if the commission becomes aware, after the issuing of the notice, that the work for which the notice was issued is not residential construction work.","sortOrder":314},{"sectionNumber":"sec.68G","sectionType":"section","heading":"Refund of insurance premium if notice of cover is revoked","content":"### sec.68G Refund of insurance premium if notice of cover is revoked\n\nIf the commission revokes a notice of cover under section 68F , the commission must refund any insurance premium paid in relation to the work for which the notice was issued.\ns 68G ins 2014 No. 57 s 36","sortOrder":315},{"sectionNumber":"sec.68H","sectionType":"section","heading":"Cover of residential construction work","content":"### sec.68H Cover of residential construction work\n\nCover under the statutory insurance scheme comes into force if—\na consumer enters into a contract for the carrying out of residential construction work and—\nthe contract bears the licence number of a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or\nthe contract is with a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or\na consumer enters into a contract for the carrying out of residential construction work with a building contractor and, at or before the time the contract is entered into, the building contractor makes a representation that would cause a reasonable person to believe that the residential construction work is covered by the statutory insurance scheme; or\na person (the defrauded person ) enters into a contract for the carrying out of residential construction work with a person (the fraudulent person ) fraudulently claiming to hold a licence under which the fraudulent person may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or\nthe work is speculative residential construction work carried out by a licensed contractor and, under the contractor’s licence, the contractor may carry out residential construction work covered by the statutory insurance scheme.\nSubsection (1) applies whether or not an insurance premium has been paid, or a notice of cover has been issued, for residential construction work under this part.\nSubsection (1) does not apply to optional additional cover.\nIf cover under the statutory insurance scheme comes into force for particular residential construction work under subsection (1) and the insurance premium has not been paid for the cover under sections 68B or 68C , the commission may recover the amount of the premium, as a debt, from—\nif the premium was required to be paid under section 68B (2) —the consumer required to pay the premium; or\nif the premium was required to be paid under section 68B (3) —the licensed contractor required to pay the premium; or\nif the premium was required to be paid under section 68C —the principal required to pay the premium.\nFor subsection (1) (c) , this part applies as if—\na reference to a consumer were a reference to a defrauded person; and\na reference to a licensed contractor were a reference to a fraudulent person.\ns 68H ins 2014 No. 57 s 36 (amd 2016 No. 11 s 23B (2) – (4) )\n(sec.68H-ssec.1) Cover under the statutory insurance scheme comes into force if— a consumer enters into a contract for the carrying out of residential construction work and— the contract bears the licence number of a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or the contract is with a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or a consumer enters into a contract for the carrying out of residential construction work with a building contractor and, at or before the time the contract is entered into, the building contractor makes a representation that would cause a reasonable person to believe that the residential construction work is covered by the statutory insurance scheme; or a person (the defrauded person ) enters into a contract for the carrying out of residential construction work with a person (the fraudulent person ) fraudulently claiming to hold a licence under which the fraudulent person may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or the work is speculative residential construction work carried out by a licensed contractor and, under the contractor’s licence, the contractor may carry out residential construction work covered by the statutory insurance scheme.\n(sec.68H-ssec.2) Subsection (1) applies whether or not an insurance premium has been paid, or a notice of cover has been issued, for residential construction work under this part.\n(sec.68H-ssec.3) Subsection (1) does not apply to optional additional cover.\n(sec.68H-ssec.4) If cover under the statutory insurance scheme comes into force for particular residential construction work under subsection (1) and the insurance premium has not been paid for the cover under sections 68B or 68C , the commission may recover the amount of the premium, as a debt, from— if the premium was required to be paid under section 68B (2) —the consumer required to pay the premium; or if the premium was required to be paid under section 68B (3) —the licensed contractor required to pay the premium; or if the premium was required to be paid under section 68C —the principal required to pay the premium.\n(sec.68H-ssec.5) For subsection (1) (c) , this part applies as if— a reference to a consumer were a reference to a defrauded person; and a reference to a licensed contractor were a reference to a fraudulent person.\n- (a) a consumer enters into a contract for the carrying out of residential construction work and— (i) the contract bears the licence number of a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or (ii) the contract is with a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or\n- (i) the contract bears the licence number of a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or\n- (ii) the contract is with a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or\n- (b) a consumer enters into a contract for the carrying out of residential construction work with a building contractor and, at or before the time the contract is entered into, the building contractor makes a representation that would cause a reasonable person to believe that the residential construction work is covered by the statutory insurance scheme; or\n- (c) a person (the defrauded person ) enters into a contract for the carrying out of residential construction work with a person (the fraudulent person ) fraudulently claiming to hold a licence under which the fraudulent person may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or\n- (d) the work is speculative residential construction work carried out by a licensed contractor and, under the contractor’s licence, the contractor may carry out residential construction work covered by the statutory insurance scheme.\n- (i) the contract bears the licence number of a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or\n- (ii) the contract is with a licensed contractor and, under the licensed contractor’s licence, the licensed contractor may enter into contracts with consumers to carry out residential construction work covered by the statutory insurance scheme; or\n- (a) if the premium was required to be paid under section 68B (2) —the consumer required to pay the premium; or\n- (b) if the premium was required to be paid under section 68B (3) —the licensed contractor required to pay the premium; or\n- (c) if the premium was required to be paid under section 68C —the principal required to pay the premium.\n- (a) a reference to a consumer were a reference to a defrauded person; and\n- (b) a reference to a licensed contractor were a reference to a fraudulent person.","sortOrder":316},{"sectionNumber":"sec.68I","sectionType":"section","heading":"Commencement of cover","content":"### sec.68I Commencement of cover\n\nFor residential construction work carried out under a contract with a consumer (other than work that is the subject of a construction management contract), cover under the statutory insurance scheme for the work comes into force on the earliest of the following to happen—\na licensed contractor pays the appropriate insurance premium for the work under section 68B (2) ;\nthe consumer enters into the contract with a licensed contractor for the carrying out of the work;\na licensed contractor starts carrying out the work.\nFor speculative residential construction work, cover under the statutory insurance scheme for the work comes into force on the earlier of the following to happen—\nthe licensed contractor who is to carry out the work pays the appropriate insurance premium for the work under section 68B (3) ;\nthe contractor starts carrying out the work.\nFor residential construction work managed by a construction manager under a construction management contract, cover under the statutory insurance scheme for the work comes into force on the earlier of the following to happen—\nthe construction manager pays the appropriate insurance premium for the work under section 68C (2) ;\na licensed contractor starts carrying out the work.\nOptional additional cover comes into force when the appropriate insurance premium for the relevant residential construction work is paid under section 67Z (3) .\ns 68I ins 2014 No. 57 s 36\n(sec.68I-ssec.1) For residential construction work carried out under a contract with a consumer (other than work that is the subject of a construction management contract), cover under the statutory insurance scheme for the work comes into force on the earliest of the following to happen— a licensed contractor pays the appropriate insurance premium for the work under section 68B (2) ; the consumer enters into the contract with a licensed contractor for the carrying out of the work; a licensed contractor starts carrying out the work.\n(sec.68I-ssec.2) For speculative residential construction work, cover under the statutory insurance scheme for the work comes into force on the earlier of the following to happen— the licensed contractor who is to carry out the work pays the appropriate insurance premium for the work under section 68B (3) ; the contractor starts carrying out the work.\n(sec.68I-ssec.3) For residential construction work managed by a construction manager under a construction management contract, cover under the statutory insurance scheme for the work comes into force on the earlier of the following to happen— the construction manager pays the appropriate insurance premium for the work under section 68C (2) ; a licensed contractor starts carrying out the work.\n(sec.68I-ssec.4) Optional additional cover comes into force when the appropriate insurance premium for the relevant residential construction work is paid under section 67Z (3) .\n- (a) a licensed contractor pays the appropriate insurance premium for the work under section 68B (2) ;\n- (b) the consumer enters into the contract with a licensed contractor for the carrying out of the work;\n- (c) a licensed contractor starts carrying out the work.\n- (a) the licensed contractor who is to carry out the work pays the appropriate insurance premium for the work under section 68B (3) ;\n- (b) the contractor starts carrying out the work.\n- (a) the construction manager pays the appropriate insurance premium for the work under section 68C (2) ;\n- (b) a licensed contractor starts carrying out the work.","sortOrder":317},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Cancellation of cover","content":"## Cancellation of cover","sortOrder":318},{"sectionNumber":"sec.69","sectionType":"section","heading":"Cancellation of cover and return of premium","content":"### sec.69 Cancellation of cover and return of premium\n\nCover under the statutory insurance scheme for residential construction work, for which a licensed contractor paid the insurance premium on behalf of a consumer, may be cancelled by the contractor if—\nthe contractor asks the commission in writing to cancel the cover; and\nthe contract for the work has ended; and\na deposit under the contract for the work has been refunded, less any amounts that may be lawfully deducted from the deposit; and\nthe work covered has not started; and\nnot more than 1 year has elapsed from the day the contract for the work was entered into.\nCover under the statutory insurance scheme, including optional additional cover, for speculative residential construction work for which a licensed contractor paid the insurance premium on behalf of a consumer, may be cancelled by the contractor if—\nthe contractor asks the commission in writing to cancel the cover; and\ndevelopment approval has not been granted for the work, or has been rescinded; and\nthe work covered has not started; and\nnot more than 1 year has elapsed from the day the premium was paid.\nCover under the statutory insurance scheme for residential construction work, for which a construction manager paid the insurance premium on behalf of a principal, may be cancelled by the construction manager if—\nthe construction manager asks the commission in writing to cancel the cover; and\nthe relevant construction management contract and all the construction management trade contracts for the work have ended; and\ndeposits paid under the relevant construction management contract and all the construction management trade contracts have been refunded, less any amounts that may be lawfully deducted from the deposits; and\nthe work covered has not started; and\nnot more than 1 year has elapsed from the day the construction management contract for the work was entered into.\nOptional additional cover obtained by a consumer may be cancelled by the consumer if—\nthe consumer asks the commission in writing to cancel the cover; and\nthe contract between the consumer and a licensed contractor relevant to the cover (the relevant contract ) has ended; and\na deposit under the relevant contract has been refunded, less any amounts that may be lawfully deducted from the deposit; and\nthe work covered has not started; and\nnot more than 1 year has elapsed from the day the relevant contract was entered into between the consumer and the licensed contractor.\nOn cancellation of cover under this section, the commission must refund the insurance premium paid for the cover to—\nif the cover was cancelled under subsection (1) , (2) or (3) —the licensed contractor or construction manager, or a person nominated in writing by the contractor or manager; or\nif the cover was cancelled under subsection (4) —the consumer.\nA fee, prescribed by regulation, may be deducted from any refund made under this section.\ns 69 amd 1994 No. 20 s 23 ; 1999 No. 43 s 31 ; 2000 No. 20 s 29 sch 3 ; 2003 No. 1 s 36 ; 2007 No. 47 s 46 ; 2013 No. 38 s 14 sch 1\nsub 2014 No. 57 s 36\n(sec.69-ssec.1) Cover under the statutory insurance scheme for residential construction work, for which a licensed contractor paid the insurance premium on behalf of a consumer, may be cancelled by the contractor if— the contractor asks the commission in writing to cancel the cover; and the contract for the work has ended; and a deposit under the contract for the work has been refunded, less any amounts that may be lawfully deducted from the deposit; and the work covered has not started; and not more than 1 year has elapsed from the day the contract for the work was entered into.\n(sec.69-ssec.2) Cover under the statutory insurance scheme, including optional additional cover, for speculative residential construction work for which a licensed contractor paid the insurance premium on behalf of a consumer, may be cancelled by the contractor if— the contractor asks the commission in writing to cancel the cover; and development approval has not been granted for the work, or has been rescinded; and the work covered has not started; and not more than 1 year has elapsed from the day the premium was paid.\n(sec.69-ssec.3) Cover under the statutory insurance scheme for residential construction work, for which a construction manager paid the insurance premium on behalf of a principal, may be cancelled by the construction manager if— the construction manager asks the commission in writing to cancel the cover; and the relevant construction management contract and all the construction management trade contracts for the work have ended; and deposits paid under the relevant construction management contract and all the construction management trade contracts have been refunded, less any amounts that may be lawfully deducted from the deposits; and the work covered has not started; and not more than 1 year has elapsed from the day the construction management contract for the work was entered into.\n(sec.69-ssec.4) Optional additional cover obtained by a consumer may be cancelled by the consumer if— the consumer asks the commission in writing to cancel the cover; and the contract between the consumer and a licensed contractor relevant to the cover (the relevant contract ) has ended; and a deposit under the relevant contract has been refunded, less any amounts that may be lawfully deducted from the deposit; and the work covered has not started; and not more than 1 year has elapsed from the day the relevant contract was entered into between the consumer and the licensed contractor.\n(sec.69-ssec.5) On cancellation of cover under this section, the commission must refund the insurance premium paid for the cover to— if the cover was cancelled under subsection (1) , (2) or (3) —the licensed contractor or construction manager, or a person nominated in writing by the contractor or manager; or if the cover was cancelled under subsection (4) —the consumer.\n(sec.69-ssec.6) A fee, prescribed by regulation, may be deducted from any refund made under this section.\n- (a) the contractor asks the commission in writing to cancel the cover; and\n- (b) the contract for the work has ended; and\n- (c) a deposit under the contract for the work has been refunded, less any amounts that may be lawfully deducted from the deposit; and\n- (d) the work covered has not started; and\n- (e) not more than 1 year has elapsed from the day the contract for the work was entered into.\n- (a) the contractor asks the commission in writing to cancel the cover; and\n- (b) development approval has not been granted for the work, or has been rescinded; and\n- (c) the work covered has not started; and\n- (d) not more than 1 year has elapsed from the day the premium was paid.\n- (a) the construction manager asks the commission in writing to cancel the cover; and\n- (b) the relevant construction management contract and all the construction management trade contracts for the work have ended; and\n- (c) deposits paid under the relevant construction management contract and all the construction management trade contracts have been refunded, less any amounts that may be lawfully deducted from the deposits; and\n- (d) the work covered has not started; and\n- (e) not more than 1 year has elapsed from the day the construction management contract for the work was entered into.\n- (a) the consumer asks the commission in writing to cancel the cover; and\n- (b) the contract between the consumer and a licensed contractor relevant to the cover (the relevant contract ) has ended; and\n- (c) a deposit under the relevant contract has been refunded, less any amounts that may be lawfully deducted from the deposit; and\n- (d) the work covered has not started; and\n- (e) not more than 1 year has elapsed from the day the relevant contract was entered into between the consumer and the licensed contractor.\n- (a) if the cover was cancelled under subsection (1) , (2) or (3) —the licensed contractor or construction manager, or a person nominated in writing by the contractor or manager; or\n- (b) if the cover was cancelled under subsection (4) —the consumer.","sortOrder":319},{"sectionNumber":"sec.69A","sectionType":"section","heading":null,"content":"### Section sec.69A\n\ns 69A ins 2007 No. 47 s 47\nom 2014 No. 57 s 36","sortOrder":320},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Variations","content":"## Variations","sortOrder":321},{"sectionNumber":"sec.70","sectionType":"section","heading":"Residential construction work carried out under a contract with a consumer","content":"### sec.70 Residential construction work carried out under a contract with a consumer\n\nThis section applies if—\nthe residential construction work to be carried out under a contract with a consumer is to be varied; and\nthe commission is satisfied that the value of the residential construction work will change because of the variation.\nIf the value of the residential construction work will increase by $5,000 or more because of the variation, the licensed contractor carrying out the work must pay an additional insurance premium on behalf of the consumer for the work to the commission before any work relating to the variation starts.\nMaximum penalty—100 penalty units.\nIf the value of the residential construction work will decrease because of the variation, the commission may refund part of the insurance premium paid for the work to the consumer.\ns 70 amd 2007 No. 47 s 48 ; 2013 No. 38 s 14 sch 1\nsub 2014 No. 57 s 36\n(sec.70-ssec.1) This section applies if— the residential construction work to be carried out under a contract with a consumer is to be varied; and the commission is satisfied that the value of the residential construction work will change because of the variation.\n(sec.70-ssec.2) If the value of the residential construction work will increase by $5,000 or more because of the variation, the licensed contractor carrying out the work must pay an additional insurance premium on behalf of the consumer for the work to the commission before any work relating to the variation starts. Maximum penalty—100 penalty units.\n(sec.70-ssec.3) If the value of the residential construction work will decrease because of the variation, the commission may refund part of the insurance premium paid for the work to the consumer.\n- (a) the residential construction work to be carried out under a contract with a consumer is to be varied; and\n- (b) the commission is satisfied that the value of the residential construction work will change because of the variation.","sortOrder":322},{"sectionNumber":"sec.70A","sectionType":"section","heading":"Speculative residential construction work","content":"### sec.70A Speculative residential construction work\n\nThis section applies if—\na licensed contractor is carrying out residential construction work that is speculative residential construction work; and\nthe residential construction work is to be varied after the licensed contractor paid the insurance premium for the work under section 68B (3) ; and\nthe commission is satisfied that the value of the residential construction work will change because of the variation.\nIf the value of the residential construction work will increase by $5,000 or more because of the variation, the licensed contractor must pay the additional insurance premium for the work to the commission before any work relating to the variation starts.\nMaximum penalty—100 penalty units.\nIf the value of the residential construction work will decrease because of the variation, the commission may refund part of the insurance premium paid for the work to the person who paid the premium.\ns 70A ins 2007 No. 47 s 49\nsub 2014 No. 57 s 36\n(sec.70A-ssec.1) This section applies if— a licensed contractor is carrying out residential construction work that is speculative residential construction work; and the residential construction work is to be varied after the licensed contractor paid the insurance premium for the work under section 68B (3) ; and the commission is satisfied that the value of the residential construction work will change because of the variation.\n(sec.70A-ssec.2) If the value of the residential construction work will increase by $5,000 or more because of the variation, the licensed contractor must pay the additional insurance premium for the work to the commission before any work relating to the variation starts. Maximum penalty—100 penalty units.\n(sec.70A-ssec.3) If the value of the residential construction work will decrease because of the variation, the commission may refund part of the insurance premium paid for the work to the person who paid the premium.\n- (a) a licensed contractor is carrying out residential construction work that is speculative residential construction work; and\n- (b) the residential construction work is to be varied after the licensed contractor paid the insurance premium for the work under section 68B (3) ; and\n- (c) the commission is satisfied that the value of the residential construction work will change because of the variation.","sortOrder":323},{"sectionNumber":"sec.70B","sectionType":"section","heading":"Optional additional cover","content":"### sec.70B Optional additional cover\n\nThis section applies if—\na consumer for a contract for the carrying out of residential construction work obtained optional additional cover for the work; and\nthe residential construction work is to be varied after the consumer obtained the optional additional cover; and\nthe commission is satisfied that the value of the residential construction work will change because of the variation.\nIf the value of the residential construction work will increase by $5,000 or more because of the variation, the consumer must pay the additional insurance premium for the work to the commission before any work relating to the variation starts.\nIf the value of the residential construction work will decrease because of the variation, the commission may refund part of the insurance premium paid for the work to the consumer.\nIf the consumer fails to pay the additional insurance premium under subsection (2) , the commission may recover the amount of the premium, as a debt, from the consumer.\ns 70B ins 2014 No. 57 s 36\n(sec.70B-ssec.1) This section applies if— a consumer for a contract for the carrying out of residential construction work obtained optional additional cover for the work; and the residential construction work is to be varied after the consumer obtained the optional additional cover; and the commission is satisfied that the value of the residential construction work will change because of the variation.\n(sec.70B-ssec.2) If the value of the residential construction work will increase by $5,000 or more because of the variation, the consumer must pay the additional insurance premium for the work to the commission before any work relating to the variation starts.\n(sec.70B-ssec.3) If the value of the residential construction work will decrease because of the variation, the commission may refund part of the insurance premium paid for the work to the consumer.\n(sec.70B-ssec.4) If the consumer fails to pay the additional insurance premium under subsection (2) , the commission may recover the amount of the premium, as a debt, from the consumer.\n- (a) a consumer for a contract for the carrying out of residential construction work obtained optional additional cover for the work; and\n- (b) the residential construction work is to be varied after the consumer obtained the optional additional cover; and\n- (c) the commission is satisfied that the value of the residential construction work will change because of the variation.","sortOrder":324},{"sectionNumber":"sec.70C","sectionType":"section","heading":"Partial refunds of insurance premiums","content":"### sec.70C Partial refunds of insurance premiums\n\nA regulation may provide how part of an insurance premium refunded under this division is calculated.\ns 70C ins 2014 No. 57 s 36","sortOrder":325},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Recovery from licensed contractor","content":"## Recovery from licensed contractor","sortOrder":326},{"sectionNumber":"sec.71","sectionType":"section","heading":"Recovery from licensed contractor etc.","content":"### sec.71 Recovery from licensed contractor etc.\n\nIf the commission makes any payment on a claim under the statutory insurance scheme, the commission may recover the amount of the payment, as a debt, from the building contractor by whom the relevant residential construction work was, or was to be, carried out or any other person through whose fault the claim arose.\nFor subsection (1) —\na building contractor by whom the relevant residential construction work was, or was to be, carried out is taken to include—\na licensed contractor identified in a copy of the licensed contractor’s licence included in, or attached to, the contract for carrying out the work; and\na licensed contractor whose name, licence number and address are stated on the contract; and\na licensed contractor whose name is stated on the contract for carrying out the work; and\na licensed contractor whose name is stated on an insurance notification form for the work; and\na licensed contractor whose licence number is stated on the contract for carrying out the work; and\na licensed contractor whose licence number is stated on an insurance notification form for the work; and\na building contractor by whom the work was, or was to be, carried out; and\na person who, for profit or reward, carried out the work; and\na person through whose fault the claim arose is taken to include a person who performed services for the work if the services were performed without proper care and skill.\nThe commission is subrogated, to the extent of any payment that the commission has made, or has undertaken to make, to the rights of a person to whom, or for whose benefit, the payment has been, or is to be, made in respect of the matter out of which the insurance claim arose.\nIn a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2) (a) (i) , it is a defence for the licensed contractor to prove that—\na copy of the contractor’s licence was included in, or attached to, the contract for carrying out the work without the licensee’s authority; and\nthe licensed contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the licensed contractor’s authority.\nIn a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2) (a) (ii) , it is a defence for the licensed contractor to prove that—\nthe licensed contractor’s name, licence number and address were stated on the contract for carrying out the work without the licensed contractor’s authority; and\nthe licensed contractor took all reasonable steps to ensure that the licensed contractor’s name, licence number and address were stated in contracts only with the licensed contractor’s authority.\nIn a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2) (a) (iii) , (iv) , (v) , (vi) or (vii) , it is a defence for the licensed contractor to prove—\nfor a licensed contractor mentioned in subsection (2) (a) (iii) —that the licensed contractor’s name was stated on the contract for carrying out the work without the licensed contractor’s authority; and\nfor a licensed contractor mentioned in subsection (2) (a) (iv) —that the licensed contractor’s name was stated on the insurance notification form for the work without the licensed contractor’s authority; and\nfor a licensed contractor mentioned in subsection (2) (a) (v) —that the licensed contractor’s licence number was stated on the contract for carrying out the work without the licensed contractor’s authority; and\nfor a licensed contractor mentioned in subsection (2) (a) (vi) —that the licensed contractor’s licence number was stated on the insurance notification form for the work without the licensed contractor’s authority.\ns 71 amd 1994 No. 20 s 24 ; 2000 No. 20 s 29 sch 3 ; 2013 No. 38 s 14 sch 1\nsub 2014 No. 57 s 36\namd 2025 No. 28 s 29\n(sec.71-ssec.1) If the commission makes any payment on a claim under the statutory insurance scheme, the commission may recover the amount of the payment, as a debt, from the building contractor by whom the relevant residential construction work was, or was to be, carried out or any other person through whose fault the claim arose.\n(sec.71-ssec.2) For subsection (1) — a building contractor by whom the relevant residential construction work was, or was to be, carried out is taken to include— a licensed contractor identified in a copy of the licensed contractor’s licence included in, or attached to, the contract for carrying out the work; and a licensed contractor whose name, licence number and address are stated on the contract; and a licensed contractor whose name is stated on the contract for carrying out the work; and a licensed contractor whose name is stated on an insurance notification form for the work; and a licensed contractor whose licence number is stated on the contract for carrying out the work; and a licensed contractor whose licence number is stated on an insurance notification form for the work; and a building contractor by whom the work was, or was to be, carried out; and a person who, for profit or reward, carried out the work; and a person through whose fault the claim arose is taken to include a person who performed services for the work if the services were performed without proper care and skill.\n(sec.71-ssec.3) The commission is subrogated, to the extent of any payment that the commission has made, or has undertaken to make, to the rights of a person to whom, or for whose benefit, the payment has been, or is to be, made in respect of the matter out of which the insurance claim arose.\n(sec.71-ssec.4) In a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2) (a) (i) , it is a defence for the licensed contractor to prove that— a copy of the contractor’s licence was included in, or attached to, the contract for carrying out the work without the licensee’s authority; and the licensed contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the licensed contractor’s authority.\n(sec.71-ssec.5) In a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2) (a) (ii) , it is a defence for the licensed contractor to prove that— the licensed contractor’s name, licence number and address were stated on the contract for carrying out the work without the licensed contractor’s authority; and the licensed contractor took all reasonable steps to ensure that the licensed contractor’s name, licence number and address were stated in contracts only with the licensed contractor’s authority.\n(sec.71-ssec.6) In a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2) (a) (iii) , (iv) , (v) , (vi) or (vii) , it is a defence for the licensed contractor to prove— for a licensed contractor mentioned in subsection (2) (a) (iii) —that the licensed contractor’s name was stated on the contract for carrying out the work without the licensed contractor’s authority; and for a licensed contractor mentioned in subsection (2) (a) (iv) —that the licensed contractor’s name was stated on the insurance notification form for the work without the licensed contractor’s authority; and for a licensed contractor mentioned in subsection (2) (a) (v) —that the licensed contractor’s licence number was stated on the contract for carrying out the work without the licensed contractor’s authority; and for a licensed contractor mentioned in subsection (2) (a) (vi) —that the licensed contractor’s licence number was stated on the insurance notification form for the work without the licensed contractor’s authority.\n- (a) a building contractor by whom the relevant residential construction work was, or was to be, carried out is taken to include— (i) a licensed contractor identified in a copy of the licensed contractor’s licence included in, or attached to, the contract for carrying out the work; and (ii) a licensed contractor whose name, licence number and address are stated on the contract; and (iii) a licensed contractor whose name is stated on the contract for carrying out the work; and (iv) a licensed contractor whose name is stated on an insurance notification form for the work; and (v) a licensed contractor whose licence number is stated on the contract for carrying out the work; and (vi) a licensed contractor whose licence number is stated on an insurance notification form for the work; and (vii) a building contractor by whom the work was, or was to be, carried out; and (viii) a person who, for profit or reward, carried out the work; and\n- (i) a licensed contractor identified in a copy of the licensed contractor’s licence included in, or attached to, the contract for carrying out the work; and\n- (ii) a licensed contractor whose name, licence number and address are stated on the contract; and\n- (iii) a licensed contractor whose name is stated on the contract for carrying out the work; and\n- (iv) a licensed contractor whose name is stated on an insurance notification form for the work; and\n- (v) a licensed contractor whose licence number is stated on the contract for carrying out the work; and\n- (vi) a licensed contractor whose licence number is stated on an insurance notification form for the work; and\n- (vii) a building contractor by whom the work was, or was to be, carried out; and\n- (viii) a person who, for profit or reward, carried out the work; and\n- (b) a person through whose fault the claim arose is taken to include a person who performed services for the work if the services were performed without proper care and skill.\n- (i) a licensed contractor identified in a copy of the licensed contractor’s licence included in, or attached to, the contract for carrying out the work; and\n- (ii) a licensed contractor whose name, licence number and address are stated on the contract; and\n- (iii) a licensed contractor whose name is stated on the contract for carrying out the work; and\n- (iv) a licensed contractor whose name is stated on an insurance notification form for the work; and\n- (v) a licensed contractor whose licence number is stated on the contract for carrying out the work; and\n- (vi) a licensed contractor whose licence number is stated on an insurance notification form for the work; and\n- (vii) a building contractor by whom the work was, or was to be, carried out; and\n- (viii) a person who, for profit or reward, carried out the work; and\n- (a) a copy of the contractor’s licence was included in, or attached to, the contract for carrying out the work without the licensee’s authority; and\n- (b) the licensed contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the licensed contractor’s authority.\n- (a) the licensed contractor’s name, licence number and address were stated on the contract for carrying out the work without the licensed contractor’s authority; and\n- (b) the licensed contractor took all reasonable steps to ensure that the licensed contractor’s name, licence number and address were stated in contracts only with the licensed contractor’s authority.\n- (a) for a licensed contractor mentioned in subsection (2) (a) (iii) —that the licensed contractor’s name was stated on the contract for carrying out the work without the licensed contractor’s authority; and\n- (b) for a licensed contractor mentioned in subsection (2) (a) (iv) —that the licensed contractor’s name was stated on the insurance notification form for the work without the licensed contractor’s authority; and\n- (c) for a licensed contractor mentioned in subsection (2) (a) (v) —that the licensed contractor’s licence number was stated on the contract for carrying out the work without the licensed contractor’s authority; and\n- (d) for a licensed contractor mentioned in subsection (2) (a) (vi) —that the licensed contractor’s licence number was stated on the insurance notification form for the work without the licensed contractor’s authority.","sortOrder":327},{"sectionNumber":"sec.71AA","sectionType":"section","heading":null,"content":"### Section sec.71AA\n\ns 71AA ins 2007 No. 47 s 50\namd 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 36","sortOrder":328},{"sectionNumber":"sec.71AB","sectionType":"section","heading":null,"content":"### Section sec.71AB\n\ns 71AB ins 2013 No. 38 s 7\nom 2014 No. 57 s 36","sortOrder":329},{"sectionNumber":"sec.71AC","sectionType":"section","heading":null,"content":"### Section sec.71AC\n\ns 71AC ins 2014 No. 57 s 34\nom 2014 No. 57 s 36","sortOrder":330},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Rectification work","content":"## Rectification work","sortOrder":331},{"sectionNumber":"sec.71A","sectionType":"section","heading":"Tenders for rectification work","content":"### sec.71A Tenders for rectification work\n\nThe commission may seek tenders for carrying out building work if the commission is of the opinion that a person may be entitled to assistance under the statutory insurance scheme.\nThe commission may accept any tender that it considers appropriate, whether or not the tender was for the lowest cost.\nTenders for carrying out the building work must be sought from the number of licensed contractors considered by the commission to be reasonable in the circumstances.\nIf the estimate to rectify the building work is less than the amount prescribed by regulation, the commission need only seek a tender for carrying out the building work from 1 licensed contractor.\nThe commission may authorise any of the following persons to act for the commission in seeking the tenders for carrying out building work—\nthe person for whom the building work requiring rectification was, or was to be, carried out;\na claims management consultant.\nThe commission may only have work carried out under this section to the extent that the cost of the work is covered by the assistance under the statutory insurance scheme that the person may be entitled to.\ns 71A prev s 71A ins 2003 No. 1 s 37\namd 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 37\npres s 71A ins 2014 No. 57 s 36\n(sec.71A-ssec.1) The commission may seek tenders for carrying out building work if the commission is of the opinion that a person may be entitled to assistance under the statutory insurance scheme.\n(sec.71A-ssec.2) The commission may accept any tender that it considers appropriate, whether or not the tender was for the lowest cost.\n(sec.71A-ssec.3) Tenders for carrying out the building work must be sought from the number of licensed contractors considered by the commission to be reasonable in the circumstances.\n(sec.71A-ssec.4) If the estimate to rectify the building work is less than the amount prescribed by regulation, the commission need only seek a tender for carrying out the building work from 1 licensed contractor.\n(sec.71A-ssec.5) The commission may authorise any of the following persons to act for the commission in seeking the tenders for carrying out building work— the person for whom the building work requiring rectification was, or was to be, carried out; a claims management consultant.\n(sec.71A-ssec.6) The commission may only have work carried out under this section to the extent that the cost of the work is covered by the assistance under the statutory insurance scheme that the person may be entitled to.\n- (a) the person for whom the building work requiring rectification was, or was to be, carried out;\n- (b) a claims management consultant.","sortOrder":332},{"sectionNumber":"pt.5-div.10","sectionType":"division","heading":"Other","content":"## Other","sortOrder":333},{"sectionNumber":"sec.71B","sectionType":"section","heading":"Statutory insurance scheme not to affect licensing decisions","content":"### sec.71B Statutory insurance scheme not to affect licensing decisions\n\nIn deciding the action to be taken in relation to a licensee’s licence, the commissioner must not have regard to the implications for the statutory insurance scheme.\ns 71B ins 2014 No. 57 s 36","sortOrder":334},{"sectionNumber":"sec.71C","sectionType":"section","heading":"Notice of entitlement to assistance under the statutory insurance scheme","content":"### sec.71C Notice of entitlement to assistance under the statutory insurance scheme\n\nA person claiming to be entitled to assistance under the statutory insurance scheme must give notice of the claim to the commission in compliance with the requirements prescribed by regulation.\ns 71C ins 2014 No. 57 s 36","sortOrder":335},{"sectionNumber":"sec.71D","sectionType":"section","heading":"Multiple contracts for the same residential construction work","content":"### sec.71D Multiple contracts for the same residential construction work\n\nThis section applies if a licensed contractor and a consumer enter into 2 or more separate contracts that—\ncould be the subject of a single contract to carry out residential construction work; and\nif they were the subject of a single contract, would be a contract to carry out residential construction work.\nFor this part, the separate contracts are taken to be a single contract for which the contract price is the sum of the contract prices for the separate contracts.\nA licensed contractor that manufactures and installs kitchens enters into one contract with a building owner for the manufacture of a kitchen and a second contract for its installation.\ns 71D ins 2014 No. 57 s 36\n(sec.71D-ssec.1) This section applies if a licensed contractor and a consumer enter into 2 or more separate contracts that— could be the subject of a single contract to carry out residential construction work; and if they were the subject of a single contract, would be a contract to carry out residential construction work.\n(sec.71D-ssec.2) For this part, the separate contracts are taken to be a single contract for which the contract price is the sum of the contract prices for the separate contracts. A licensed contractor that manufactures and installs kitchens enters into one contract with a building owner for the manufacture of a kitchen and a second contract for its installation. s 71D ins 2014 No. 57 s 36\n- (a) could be the subject of a single contract to carry out residential construction work; and\n- (b) if they were the subject of a single contract, would be a contract to carry out residential construction work.","sortOrder":336},{"sectionNumber":"sec.71E","sectionType":"section","heading":"Protection of expressions associated with statutory insurance scheme","content":"### sec.71E Protection of expressions associated with statutory insurance scheme\n\nA person must not use a declared expression in connection with selling the right to participate in any warranty or insurance scheme unless—\nthe scheme is that to which this Act relates; and\nthe person does so on behalf of the commission.\nMaximum penalty—100 penalty units.\nA person must not—\nuse any variation of a declared expression; or\nuse any word (either alone or in conjunction with any other word) similar in sight or sound to a declared expression;\nin connection with selling the right to participate in any insurance or warranty scheme, being a use likely to afford reasonable grounds for believing the scheme is or is associated with the scheme to which this Act relates, unless—\nthe scheme in question is one to which this Act relates; and\nthe person does so on behalf of the commission.\nMaximum penalty—100 penalty units.\nIn this section—\ndeclared expression means the name prescribed under section 67X or another name prescribed by regulation.\ns 71E ins 2014 No. 57 s 36\n(sec.71E-ssec.1) A person must not use a declared expression in connection with selling the right to participate in any warranty or insurance scheme unless— the scheme is that to which this Act relates; and the person does so on behalf of the commission. Maximum penalty—100 penalty units.\n(sec.71E-ssec.2) A person must not— use any variation of a declared expression; or use any word (either alone or in conjunction with any other word) similar in sight or sound to a declared expression; in connection with selling the right to participate in any insurance or warranty scheme, being a use likely to afford reasonable grounds for believing the scheme is or is associated with the scheme to which this Act relates, unless— the scheme in question is one to which this Act relates; and the person does so on behalf of the commission. Maximum penalty—100 penalty units.\n(sec.71E-ssec.3) In this section— declared expression means the name prescribed under section 67X or another name prescribed by regulation. s 71E ins 2014 No. 57 s 36\n- (a) the scheme is that to which this Act relates; and\n- (b) the person does so on behalf of the commission.\n- (a) use any variation of a declared expression; or\n- (b) use any word (either alone or in conjunction with any other word) similar in sight or sound to a declared expression;\n- (c) the scheme in question is one to which this Act relates; and\n- (d) the person does so on behalf of the commission.","sortOrder":337},{"sectionNumber":"sec.71F","sectionType":"section","heading":"When work is taken to have started","content":"### sec.71F When work is taken to have started\n\nA regulation may prescribe when residential construction work is taken to start for the purpose of this part.\ns 71F ins 2014 No. 57 s 36","sortOrder":338},{"sectionNumber":"pt.6","sectionType":"part","heading":"Rectification of building work and remediation of consequential damage","content":"# Rectification of building work and remediation of consequential damage","sortOrder":339},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":340},{"sectionNumber":"sec.71G","sectionType":"section","heading":null,"content":"### Section sec.71G\n\ns 71G ins 2014 No. 57 s 37\nom 2017 No. 43 s 279","sortOrder":341},{"sectionNumber":"sec.71H","sectionType":"section","heading":"What is consequential damage","content":"### sec.71H What is consequential damage\n\nConsequential damage is damage—\ncaused by, or as a consequence of, carrying out building work at a building site (the relevant site ), regardless of any intention, negligence or recklessness of the person carrying out the work; and\nto a residential property at the relevant site, containing the relevant site or adjacent to the relevant site.\nIn this section—\nbuilding work includes any work prescribed by regulation.\ndamage , to a residential property, includes any of the following—\nthe impairment of drainage at the property;\nthe undermining of a fence, retaining wall or other structure along the boundary of the property;\nthe compromising of the structural integrity of a building, swimming pool or wall on the property;\nthe cracking, lifting or cratering of a driveway or pathway on the property;\nwater penetration of the property;\ninfestation of the property by termites.\nresidential property includes—\na single detached dwelling or a duplex; or\na lot or the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or\na lot or the common property for a building units plan or a group titles plan under the Building Units and Group Titles Act 1980 .\ns 71H ins 2014 No. 57 s 37\n(sec.71H-ssec.1) Consequential damage is damage— caused by, or as a consequence of, carrying out building work at a building site (the relevant site ), regardless of any intention, negligence or recklessness of the person carrying out the work; and to a residential property at the relevant site, containing the relevant site or adjacent to the relevant site.\n(sec.71H-ssec.2) In this section— building work includes any work prescribed by regulation. damage , to a residential property, includes any of the following— the impairment of drainage at the property; the undermining of a fence, retaining wall or other structure along the boundary of the property; the compromising of the structural integrity of a building, swimming pool or wall on the property; the cracking, lifting or cratering of a driveway or pathway on the property; water penetration of the property; infestation of the property by termites. residential property includes— a single detached dwelling or a duplex; or a lot or the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or a lot or the common property for a building units plan or a group titles plan under the Building Units and Group Titles Act 1980 .\n- (a) caused by, or as a consequence of, carrying out building work at a building site (the relevant site ), regardless of any intention, negligence or recklessness of the person carrying out the work; and\n- (b) to a residential property at the relevant site, containing the relevant site or adjacent to the relevant site.\n- (a) the impairment of drainage at the property;\n- (b) the undermining of a fence, retaining wall or other structure along the boundary of the property;\n- (c) the compromising of the structural integrity of a building, swimming pool or wall on the property;\n- (d) the cracking, lifting or cratering of a driveway or pathway on the property;\n- (e) water penetration of the property;\n- (f) infestation of the property by termites.\n- (a) a single detached dwelling or a duplex; or\n- (b) a lot or the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or\n- (c) a lot or the common property for a building units plan or a group titles plan under the Building Units and Group Titles Act 1980 .","sortOrder":342},{"sectionNumber":"sec.71I","sectionType":"section","heading":"Who is taken to carry out building work for this part","content":"### sec.71I Who is taken to carry out building work for this part\n\nA person who carries out building work is taken, for this part, to include—\na building contractor identified in a copy of the building contractor’s licence included in, or attached to, the contract for carrying out the building work; and\na building contractor whose name, licence number and address are stated on the contract; and\na building contractor whose name is stated on the contract for carrying out the building work; and\na building contractor whose name is stated on an insurance notification form for the building work; and\na building contractor whose licence number is stated on the contract for carrying out the building work; and\na building contractor whose licence number is stated on an insurance notification form for the building work; and\na building contractor by whom the building work was carried out; and\na person who, for profit or reward, carried out the building work; and\na person who is a building contractor under a domestic building contract who managed the carrying out of the building work; and\na construction manager engaged under a construction management contract to provide building work services for the building work; and\na principal who was the contracting party for a building contract for building work for a building, or part of a building, intended for sale if—\nthe building, or part of a building, is not, and has never been, the principal place of residence of the principal; and\nthe principal engages a building contractor or a construction manager to carry out the building work in a way, or using materials, likely to result in the work being defective or incomplete; and\nthe principal knew, or ought to have known, that the way the work was to be carried out, or the materials to be used, was likely to result in the work being defective or incomplete; and\nA principal may know materials are likely to result in work being defective because of advice received from a building contractor or construction manager.\na person who was the nominee for a licensed contractor that is a company, for work carried out by the company while the person was the company’s nominee.\nFor the purposes of subsection (1) (g) and (h) —\na person carries out building work whether the person—\ncarries it out personally; or\ndirectly or indirectly causes it to be carried out; and\na person is taken to carry out building work if the person provides administration services, advisory services, management services or supervisory services for the work.\ns 71I ins 2014 No. 57 s 37\namd 2025 No. 28 s 30\n(sec.71I-ssec.1) A person who carries out building work is taken, for this part, to include— a building contractor identified in a copy of the building contractor’s licence included in, or attached to, the contract for carrying out the building work; and a building contractor whose name, licence number and address are stated on the contract; and a building contractor whose name is stated on the contract for carrying out the building work; and a building contractor whose name is stated on an insurance notification form for the building work; and a building contractor whose licence number is stated on the contract for carrying out the building work; and a building contractor whose licence number is stated on an insurance notification form for the building work; and a building contractor by whom the building work was carried out; and a person who, for profit or reward, carried out the building work; and a person who is a building contractor under a domestic building contract who managed the carrying out of the building work; and a construction manager engaged under a construction management contract to provide building work services for the building work; and a principal who was the contracting party for a building contract for building work for a building, or part of a building, intended for sale if— the building, or part of a building, is not, and has never been, the principal place of residence of the principal; and the principal engages a building contractor or a construction manager to carry out the building work in a way, or using materials, likely to result in the work being defective or incomplete; and the principal knew, or ought to have known, that the way the work was to be carried out, or the materials to be used, was likely to result in the work being defective or incomplete; and A principal may know materials are likely to result in work being defective because of advice received from a building contractor or construction manager. a person who was the nominee for a licensed contractor that is a company, for work carried out by the company while the person was the company’s nominee.\n(sec.71I-ssec.2) For the purposes of subsection (1) (g) and (h) — a person carries out building work whether the person— carries it out personally; or directly or indirectly causes it to be carried out; and a person is taken to carry out building work if the person provides administration services, advisory services, management services or supervisory services for the work.\n- (a) a building contractor identified in a copy of the building contractor’s licence included in, or attached to, the contract for carrying out the building work; and\n- (b) a building contractor whose name, licence number and address are stated on the contract; and\n- (c) a building contractor whose name is stated on the contract for carrying out the building work; and\n- (d) a building contractor whose name is stated on an insurance notification form for the building work; and\n- (e) a building contractor whose licence number is stated on the contract for carrying out the building work; and\n- (f) a building contractor whose licence number is stated on an insurance notification form for the building work; and\n- (g) a building contractor by whom the building work was carried out; and\n- (h) a person who, for profit or reward, carried out the building work; and\n- (i) a person who is a building contractor under a domestic building contract who managed the carrying out of the building work; and\n- (j) a construction manager engaged under a construction management contract to provide building work services for the building work; and\n- (k) a principal who was the contracting party for a building contract for building work for a building, or part of a building, intended for sale if— (i) the building, or part of a building, is not, and has never been, the principal place of residence of the principal; and (ii) the principal engages a building contractor or a construction manager to carry out the building work in a way, or using materials, likely to result in the work being defective or incomplete; and (iii) the principal knew, or ought to have known, that the way the work was to be carried out, or the materials to be used, was likely to result in the work being defective or incomplete; and Example of principal knowing that work or materials were likely to result in defective or incomplete building work— A principal may know materials are likely to result in work being defective because of advice received from a building contractor or construction manager.\n- (i) the building, or part of a building, is not, and has never been, the principal place of residence of the principal; and\n- (ii) the principal engages a building contractor or a construction manager to carry out the building work in a way, or using materials, likely to result in the work being defective or incomplete; and\n- (iii) the principal knew, or ought to have known, that the way the work was to be carried out, or the materials to be used, was likely to result in the work being defective or incomplete; and Example of principal knowing that work or materials were likely to result in defective or incomplete building work— A principal may know materials are likely to result in work being defective because of advice received from a building contractor or construction manager.\n- (l) a person who was the nominee for a licensed contractor that is a company, for work carried out by the company while the person was the company’s nominee.\n- (i) the building, or part of a building, is not, and has never been, the principal place of residence of the principal; and\n- (ii) the principal engages a building contractor or a construction manager to carry out the building work in a way, or using materials, likely to result in the work being defective or incomplete; and\n- (iii) the principal knew, or ought to have known, that the way the work was to be carried out, or the materials to be used, was likely to result in the work being defective or incomplete; and Example of principal knowing that work or materials were likely to result in defective or incomplete building work— A principal may know materials are likely to result in work being defective because of advice received from a building contractor or construction manager.\n- (a) a person carries out building work whether the person— (i) carries it out personally; or (ii) directly or indirectly causes it to be carried out; and\n- (i) carries it out personally; or\n- (ii) directly or indirectly causes it to be carried out; and\n- (b) a person is taken to carry out building work if the person provides administration services, advisory services, management services or supervisory services for the work.\n- (i) carries it out personally; or\n- (ii) directly or indirectly causes it to be carried out; and","sortOrder":343},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Direction to rectify or remedy","content":"## Direction to rectify or remedy","sortOrder":344},{"sectionNumber":"sec.71J","sectionType":"section","heading":"Requests for rectification of building work or remediation of consequential damage","content":"### sec.71J Requests for rectification of building work or remediation of consequential damage\n\nA consumer may ask the commission to give a direction to rectify building work the consumer considers is defective or incomplete.\nThe owner or occupier of a residential property adjacent to a building site may ask the commission to give a direction to remedy any consequential damage to the property.\nA person making a request under subsection (1) or (2) must give the commission—\ndetails of—\nfor a request under subsection (1) —the building work the consumer considers is defective or incomplete; or\nfor a request under subsection (2) —the consequential damage to the property; and\nother details the commission reasonably requires to consider the request; and\nthe fee prescribed by regulation.\nAlso, a request under subsection (1) or (2) must be made within 12 months after the person becomes aware of—\nfor a request under subsection (1) —the building work the person considers is defective or incomplete; or\nfor a request under subsection (2) —the consequential damage to the property.\ns 71J ins 2014 No. 57 s 37\namd 2017 No. 43 s 280\n(sec.71J-ssec.1) A consumer may ask the commission to give a direction to rectify building work the consumer considers is defective or incomplete.\n(sec.71J-ssec.2) The owner or occupier of a residential property adjacent to a building site may ask the commission to give a direction to remedy any consequential damage to the property.\n(sec.71J-ssec.3) A person making a request under subsection (1) or (2) must give the commission— details of— for a request under subsection (1) —the building work the consumer considers is defective or incomplete; or for a request under subsection (2) —the consequential damage to the property; and other details the commission reasonably requires to consider the request; and the fee prescribed by regulation.\n(sec.71J-ssec.4) Also, a request under subsection (1) or (2) must be made within 12 months after the person becomes aware of— for a request under subsection (1) —the building work the person considers is defective or incomplete; or for a request under subsection (2) —the consequential damage to the property.\n- (a) details of— (i) for a request under subsection (1) —the building work the consumer considers is defective or incomplete; or (ii) for a request under subsection (2) —the consequential damage to the property; and\n- (i) for a request under subsection (1) —the building work the consumer considers is defective or incomplete; or\n- (ii) for a request under subsection (2) —the consequential damage to the property; and\n- (b) other details the commission reasonably requires to consider the request; and\n- (c) the fee prescribed by regulation.\n- (i) for a request under subsection (1) —the building work the consumer considers is defective or incomplete; or\n- (ii) for a request under subsection (2) —the consequential damage to the property; and\n- (a) for a request under subsection (1) —the building work the person considers is defective or incomplete; or\n- (b) for a request under subsection (2) —the consequential damage to the property.","sortOrder":345},{"sectionNumber":"sec.72","sectionType":"section","heading":"Power to require rectification of building work and remediation of consequential damage","content":"### sec.72 Power to require rectification of building work and remediation of consequential damage\n\nThis section applies if the commission is of the opinion that—\nbuilding work is defective or incomplete; or\nconsequential damage has been caused by, or as a consequence of, carrying out building work.\nThe commission may direct the person who carried out the building work to do the following within the period stated in the direction—\nfor building work that is defective or incomplete—rectify the building work;\nfor consequential damage—remedy the damage.\nA regulation may prescribe a period within which the commission must make the direction.\nIf a period is prescribed under subsection (2AA) , the commission must make the direction during the prescribed period.\nIn deciding whether to give the direction, the commission may take into consideration all the circumstances it considers are reasonably relevant and, in particular, is not limited to a consideration of the terms of the contract for carrying out the building work (including the terms of any warranties included in the contract).\nThe period stated in the direction must be the period prescribed by regulation unless the commission is satisfied that, if the direction is not required to be complied with within a shorter period—\na substantial loss will be incurred by, or a significant hazard will be caused to the health or safety of, a person because of the defective or incomplete building work or consequential damage; or\nthe defective or incomplete building work, or consequential damage, will cause a significant hazard to public safety or the environment generally.\nThe commission is not required to give the direction if the commission is satisfied that, in the circumstances, it would be unfair to the person to give the direction.\nThe commission might decide not to give a direction for the rectification of building work because an owner refuses to allow a building contractor to return to the owner’s home or because an owner’s failure to properly maintain a home has exacerbated the extent of defective building work carried out on the home.\nThe commission may, before it considers whether building work is defective or incomplete, require the consumer for the building work comply with a process established by the commission to attempt to resolve the matter with the person who carried out the work.\nIn subsection (3) , a reference to a contract for carrying out building work includes a reference to a domestic building contract for managing the carrying out of building work.\nTo remove any doubt, it is declared that the commission may act under this section in relation to consequential damage whether or not an owner or occupier has made a request under section 71J .\ns 72 amd 1994 No. 20 s 25 ; 1999 No. 43 s 32 ; 2000 No. 9 s 104 sch 1 ; 2000 No. 10 s 183 sch 1 ; 2000 No. 20 s 29 sch 3 ; 2007 No. 47 s 51 ; 2013 No. 38 s 14 sch 1\nsub 2014 No. 57 s 37\namd 2017 No. 43 s 281 ; 2021 No. 23 s 56B\n(sec.72-ssec.1) This section applies if the commission is of the opinion that— building work is defective or incomplete; or consequential damage has been caused by, or as a consequence of, carrying out building work.\n(sec.72-ssec.2) The commission may direct the person who carried out the building work to do the following within the period stated in the direction— for building work that is defective or incomplete—rectify the building work; for consequential damage—remedy the damage.\n(sec.72-ssec.2AA) A regulation may prescribe a period within which the commission must make the direction.\n(sec.72-ssec.2A) If a period is prescribed under subsection (2AA) , the commission must make the direction during the prescribed period.\n(sec.72-ssec.3) In deciding whether to give the direction, the commission may take into consideration all the circumstances it considers are reasonably relevant and, in particular, is not limited to a consideration of the terms of the contract for carrying out the building work (including the terms of any warranties included in the contract).\n(sec.72-ssec.4) The period stated in the direction must be the period prescribed by regulation unless the commission is satisfied that, if the direction is not required to be complied with within a shorter period— a substantial loss will be incurred by, or a significant hazard will be caused to the health or safety of, a person because of the defective or incomplete building work or consequential damage; or the defective or incomplete building work, or consequential damage, will cause a significant hazard to public safety or the environment generally.\n(sec.72-ssec.5) The commission is not required to give the direction if the commission is satisfied that, in the circumstances, it would be unfair to the person to give the direction. The commission might decide not to give a direction for the rectification of building work because an owner refuses to allow a building contractor to return to the owner’s home or because an owner’s failure to properly maintain a home has exacerbated the extent of defective building work carried out on the home.\n(sec.72-ssec.6) The commission may, before it considers whether building work is defective or incomplete, require the consumer for the building work comply with a process established by the commission to attempt to resolve the matter with the person who carried out the work.\n(sec.72-ssec.7) In subsection (3) , a reference to a contract for carrying out building work includes a reference to a domestic building contract for managing the carrying out of building work.\n(sec.72-ssec.8) To remove any doubt, it is declared that the commission may act under this section in relation to consequential damage whether or not an owner or occupier has made a request under section 71J .\n- (a) building work is defective or incomplete; or\n- (b) consequential damage has been caused by, or as a consequence of, carrying out building work.\n- (a) for building work that is defective or incomplete—rectify the building work;\n- (b) for consequential damage—remedy the damage.\n- (a) a substantial loss will be incurred by, or a significant hazard will be caused to the health or safety of, a person because of the defective or incomplete building work or consequential damage; or\n- (b) the defective or incomplete building work, or consequential damage, will cause a significant hazard to public safety or the environment generally.","sortOrder":346},{"sectionNumber":"sec.72A","sectionType":"section","heading":"Powers and limitations of directions to rectify or remedy","content":"### sec.72A Powers and limitations of directions to rectify or remedy\n\nA direction to rectify or remedy may be given to more than 1 person for the same building work.\nA direction to rectify or remedy may require that a building, or part of a building, be demolished and building work be recommenced if, in order to rectify building work, it is necessary to do so.\nIf a direction to rectify or remedy is given to a person who is not currently licensed to carry out the required work, the person must have the work carried out by a licensed contractor.\nA direction to rectify or remedy cannot be given more than 6 years and 6 months after the building work to which the direction relates was completed or left in an incomplete state unless the tribunal is satisfied, on application by the commission, that there is in the circumstances of a particular case sufficient reason for extending the time for giving the direction and extends the time accordingly.\nThe fact that a direction is given under section 72 (2) does not prevent the commission from taking additional action against a person under this Act for the building work to which the direction relates.\ns 72A ins 2014 No. 57 s 37\namd 2017 No. 43 s 282\n(sec.72A-ssec.1) A direction to rectify or remedy may be given to more than 1 person for the same building work.\n(sec.72A-ssec.2) A direction to rectify or remedy may require that a building, or part of a building, be demolished and building work be recommenced if, in order to rectify building work, it is necessary to do so.\n(sec.72A-ssec.3) If a direction to rectify or remedy is given to a person who is not currently licensed to carry out the required work, the person must have the work carried out by a licensed contractor.\n(sec.72A-ssec.4) A direction to rectify or remedy cannot be given more than 6 years and 6 months after the building work to which the direction relates was completed or left in an incomplete state unless the tribunal is satisfied, on application by the commission, that there is in the circumstances of a particular case sufficient reason for extending the time for giving the direction and extends the time accordingly.\n(sec.72A-ssec.5) The fact that a direction is given under section 72 (2) does not prevent the commission from taking additional action against a person under this Act for the building work to which the direction relates.","sortOrder":347},{"sectionNumber":"sec.72B","sectionType":"section","heading":"Extending time to rectify or remedy","content":"### sec.72B Extending time to rectify or remedy\n\nA person given a direction to rectify or remedy may apply to the commission for an extension of the period for compliance with the direction.\nThe application must—\nbe made before the end of the period stated in the direction; and\nstate the reasons the extension is needed.\nThe commission must decide whether or not to grant the extension, and inform the applicant of the decision, within 10 business days after receiving the application.\nThe commission may grant the extension only if satisfied it is likely to be impracticable for the applicant to comply with the direction within the period stated in the direction.\nAlso, the commission must grant the extension if satisfied the person affected by the building work the subject of the direction has agreed to the extension being applied for.\nIf the commission grants the extension, the commission must give the applicant a written notice stating the period within which the applicant must rectify the work or remedy the damage.\nIf the commission refuses to grant the extension, the commission must give the applicant written notice of the refusal.\nIf the commission fails to comply with subsection (3) , the commission is taken to have decided to refuse the application.\nThe direction to rectify or remedy is stayed while the commission considers the application.\ns 72B ins 2017 No. 43 s 283\n(sec.72B-ssec.1) A person given a direction to rectify or remedy may apply to the commission for an extension of the period for compliance with the direction.\n(sec.72B-ssec.2) The application must— be made before the end of the period stated in the direction; and state the reasons the extension is needed.\n(sec.72B-ssec.3) The commission must decide whether or not to grant the extension, and inform the applicant of the decision, within 10 business days after receiving the application.\n(sec.72B-ssec.4) The commission may grant the extension only if satisfied it is likely to be impracticable for the applicant to comply with the direction within the period stated in the direction.\n(sec.72B-ssec.5) Also, the commission must grant the extension if satisfied the person affected by the building work the subject of the direction has agreed to the extension being applied for.\n(sec.72B-ssec.6) If the commission grants the extension, the commission must give the applicant a written notice stating the period within which the applicant must rectify the work or remedy the damage.\n(sec.72B-ssec.7) If the commission refuses to grant the extension, the commission must give the applicant written notice of the refusal.\n(sec.72B-ssec.8) If the commission fails to comply with subsection (3) , the commission is taken to have decided to refuse the application.\n(sec.72B-ssec.9) The direction to rectify or remedy is stayed while the commission considers the application.\n- (a) be made before the end of the period stated in the direction; and\n- (b) state the reasons the extension is needed.","sortOrder":348},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Offences and defences","content":"## Offences and defences","sortOrder":349},{"sectionNumber":"sec.72C","sectionType":"section","heading":"Delaying or obstructing compliance with direction to rectify or remedy","content":"### sec.72C Delaying or obstructing compliance with direction to rectify or remedy\n\nA person must not, without reasonable excuse, delay rectifying building work that is defective or incomplete, or remedying consequential damage, as required by a direction given to the person under section 72 (2) .\nMaximum penalty—250 penalty units.\nA person must not, without reasonable excuse, obstruct another person rectifying building work that is defective or incomplete, or remedying consequential damage, as required by a direction given to the other person under section 72 (2) .\nMaximum penalty—250 penalty units.\nContravention of subsection (1) or (2) is proper grounds for taking disciplinary action against a licensee or former licensee, see section 74B (1) (a) .\ns 72C (prev s 72AA) ins 2017 No. 43 s 282A\namd 2020 No. 24 s 121 (1) – (2)\nrenum 2020 No. 24 s 121 (3)\n(sec.72C-ssec.1) A person must not, without reasonable excuse, delay rectifying building work that is defective or incomplete, or remedying consequential damage, as required by a direction given to the person under section 72 (2) . Maximum penalty—250 penalty units.\n(sec.72C-ssec.2) A person must not, without reasonable excuse, obstruct another person rectifying building work that is defective or incomplete, or remedying consequential damage, as required by a direction given to the other person under section 72 (2) . Maximum penalty—250 penalty units.","sortOrder":350},{"sectionNumber":"sec.73","sectionType":"section","heading":"Offence to fail to comply with direction to rectify or remedy","content":"### sec.73 Offence to fail to comply with direction to rectify or remedy\n\nA person must not fail to rectify building work that is defective or incomplete, or to remedy consequential damage, as required by a direction to rectify or remedy given to the person, subject to any extension of time granted under section 72B .\nMaximum penalty—250 penalty units.\ns 73 prev s 73 amd 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 35\npres s 73 ins 2014 No. 57 s 37\namd 2017 No. 43 s 284","sortOrder":351},{"sectionNumber":"sec.74","sectionType":"section","heading":"Defences for failure to comply with direction to rectify or remedy","content":"### sec.74 Defences for failure to comply with direction to rectify or remedy\n\nThis section applies for—\na prosecution of a licensed contractor for an offence against section 73 ; or\ntaking disciplinary action against a licensed contractor under part 6A on the ground that the contractor failed to comply with a direction given to the contractor under section 72 (2) .\nIt is a defence for the licensed contractor to prove that—\nfor a licensed contractor mentioned in section 71I (1) (a) —\nthe copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and\nthe contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or\nfor a licensed contractor mentioned in section 71I (1) (b) —\nthe contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and\nthe contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or\nfor a licensed contractor mentioned in section 71I (1) (c) —the contractor’s name was stated on the contract for carrying out the building work without the contractor’s authority; or\nfor a licensed contractor mentioned in section 71I (1) (d) —the contractor’s name was stated on the insurance notification form for the building work without the contractor’s authority; or\nfor a licensed contractor mentioned in section 71I (1) (e) —the contractor’s licence number was stated on the contract for carrying out the building work without the contractor’s authority; or\nfor a licensed contractor mentioned in section 71I (1) (f) —the contractor’s licence number was stated on the insurance notification form for the building work without the contractor’s authority.\ns 74 prev s 74 amd 1999 No. 43 s 33 ; 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 35\npres s 74 ins 2014 No. 57 s 37\namd 2025 No. 28 s 31\n(sec.74-ssec.1) This section applies for— a prosecution of a licensed contractor for an offence against section 73 ; or taking disciplinary action against a licensed contractor under part 6A on the ground that the contractor failed to comply with a direction given to the contractor under section 72 (2) .\n(sec.74-ssec.2) It is a defence for the licensed contractor to prove that— for a licensed contractor mentioned in section 71I (1) (a) — the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (b) — the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (c) —the contractor’s name was stated on the contract for carrying out the building work without the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (d) —the contractor’s name was stated on the insurance notification form for the building work without the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (e) —the contractor’s licence number was stated on the contract for carrying out the building work without the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (f) —the contractor’s licence number was stated on the insurance notification form for the building work without the contractor’s authority.\n- (a) a prosecution of a licensed contractor for an offence against section 73 ; or\n- (b) taking disciplinary action against a licensed contractor under part 6A on the ground that the contractor failed to comply with a direction given to the contractor under section 72 (2) .\n- (a) for a licensed contractor mentioned in section 71I (1) (a) — (i) the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and (ii) the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or\n- (i) the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and\n- (ii) the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or\n- (b) for a licensed contractor mentioned in section 71I (1) (b) — (i) the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and (ii) the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or\n- (i) the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and\n- (ii) the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or\n- (c) for a licensed contractor mentioned in section 71I (1) (c) —the contractor’s name was stated on the contract for carrying out the building work without the contractor’s authority; or\n- (d) for a licensed contractor mentioned in section 71I (1) (d) —the contractor’s name was stated on the insurance notification form for the building work without the contractor’s authority; or\n- (e) for a licensed contractor mentioned in section 71I (1) (e) —the contractor’s licence number was stated on the contract for carrying out the building work without the contractor’s authority; or\n- (f) for a licensed contractor mentioned in section 71I (1) (f) —the contractor’s licence number was stated on the insurance notification form for the building work without the contractor’s authority.\n- (i) the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and\n- (ii) the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or\n- (i) the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and\n- (ii) the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or","sortOrder":352},{"sectionNumber":"pt.6AA","sectionType":"part","heading":"Building products","content":"# Building products","sortOrder":353},{"sectionNumber":"pt.6AA-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":354},{"sectionNumber":"sec.74AA","sectionType":"section","heading":"Definitions for part","content":"### sec.74AA Definitions for part\n\nIn this part—\nassociated with , in relation to a building, means incorporated into, or connected to, a building by the carrying out of relevant work.\nbuilding means a building or other structure within the meaning of the Building Act 1975 .\nbuilding product see section 74AB (1) .\nbuilding product undertaking see section 74AO (1) .\ncode of practice means a code of practice in force under section 74ADA .\ninstall and installer —\nA person installs a building product in a building, and is an installer of the building product, if the person—\npersonally installs the product in the building; or\nsupervises the installation of the product in the building; or\ncarries out the relevant work in relation to which the product is installed in the building; or\nengages a person to do an activity mentioned in paragraph (a) , (b) or (c) .\ns 74AA def install and installer ins 2018 No. 17 s 192B\nintended use , for a building product, means a use for which the building product is intended to be, or is reasonably likely to be, associated with a building.\nnon-compliance risk means a risk that the association of a building product with a building for an intended use does not, or will not, comply with the relevant regulatory provisions.\nnon-conforming building product see section 74AB (2) .\nperson in the chain of responsibility , for a building product, see section 74AE .\nreasonably practicable , in relation to a duty under division 2 , means that which is, or was at a particular time, reasonably able to be done in relation to the duty, taking into account and weighing up all relevant matters including—\nthe likelihood of a safety risk or non-compliance risk happening; and\nthe harm that could result from the safety risk or non-compliance risk; and\nwhat the person concerned knows, or ought reasonably to know, about—\nthe safety risk or non-compliance risk; and\nways of removing or minimising the risk; and\nthe availability and suitability of ways to remove or minimise the safety risk or non-compliance risk; and\nthe cost associated with available ways of removing or minimising the safety risk or non-compliance risk, including whether the cost is grossly disproportionate to the risk.\nrecall order see section 74AW (1) .\nrelevant regulatory provisions means—\nin relation to relevant work mentioned in the definition relevant work , paragraph (a) —the building assessment provisions under the Building Act 1975 ; or\nin relation to relevant work mentioned in the definition relevant work , paragraph (b) or (c) —the Plumbing and Drainage Act 2018 .\ns 74AA def relevant regulatory provisions amd 2018 No. 17 s 197 sch 2\nrelevant work means—\nbuilding work under the Building Act 1975 other than work mentioned in section 5 (2) of that Act; or\nplumbing work under the Plumbing and Drainage Act 2018 directly connected to a building; or\ndrainage work under the Plumbing and Drainage Act 2018 directly connected to a building.\ns 74AA def relevant work amd 2018 No. 17 s 197 sch 2\nrepresentation means a claim, promise, publication, statement or other representation made in any way, including, for example, in advertising material or packaging.\nresponsible person , for a building product, means—\na person who designed, manufactured, imported or supplied the product; or\nif the product has been associated with a building—a person who installed the product in the building; or\nan architect or engineer who, in designing a building, specified that the product be associated with the building.\ns 74AA def responsible person ins 2018 No. 17 s 192B\nsafe means—\nall risks of injury or illness to a person have been removed, so far as reasonably practicable; or\nif it is not reasonably practicable to remove a risk of injury or illness to a person, the risk has been minimised so far as reasonably practicable.\nsafety risk means a risk that the association of a building product with a building for an intended use is not, or will not be, safe.\nwarning statement see section 74AZC (1) .\ns 74AA ins 2017 No. 29 s 11\n- (a) personally installs the product in the building; or\n- (b) supervises the installation of the product in the building; or\n- (c) carries out the relevant work in relation to which the product is installed in the building; or\n- (d) engages a person to do an activity mentioned in paragraph (a) , (b) or (c) .\n- (a) the likelihood of a safety risk or non-compliance risk happening; and\n- (b) the harm that could result from the safety risk or non-compliance risk; and\n- (c) what the person concerned knows, or ought reasonably to know, about— (i) the safety risk or non-compliance risk; and (ii) ways of removing or minimising the risk; and\n- (i) the safety risk or non-compliance risk; and\n- (ii) ways of removing or minimising the risk; and\n- (d) the availability and suitability of ways to remove or minimise the safety risk or non-compliance risk; and\n- (e) the cost associated with available ways of removing or minimising the safety risk or non-compliance risk, including whether the cost is grossly disproportionate to the risk.\n- (i) the safety risk or non-compliance risk; and\n- (ii) ways of removing or minimising the risk; and\n- (a) in relation to relevant work mentioned in the definition relevant work , paragraph (a) —the building assessment provisions under the Building Act 1975 ; or\n- (b) in relation to relevant work mentioned in the definition relevant work , paragraph (b) or (c) —the Plumbing and Drainage Act 2018 .\n- (a) building work under the Building Act 1975 other than work mentioned in section 5 (2) of that Act; or\n- (b) plumbing work under the Plumbing and Drainage Act 2018 directly connected to a building; or\n- (c) drainage work under the Plumbing and Drainage Act 2018 directly connected to a building.\n- (a) a person who designed, manufactured, imported or supplied the product; or\n- (b) if the product has been associated with a building—a person who installed the product in the building; or\n- (c) an architect or engineer who, in designing a building, specified that the product be associated with the building.\n- (a) all risks of injury or illness to a person have been removed, so far as reasonably practicable; or\n- (b) if it is not reasonably practicable to remove a risk of injury or illness to a person, the risk has been minimised so far as reasonably practicable.","sortOrder":355},{"sectionNumber":"sec.74AB","sectionType":"section","heading":"What is a building product and a non-conforming building product","content":"### sec.74AB What is a building product and a non-conforming building product\n\nA building product is any material or other thing associated with, or that could be associated with, a building.\nA building product is a non-conforming building product for an intended use if—\nthe association of the product with a building for the use—\nis not, or will not be, safe; or\ndoes not, or will not, comply with the relevant regulatory provisions; or\nthe product does not perform, or is not capable of performing, for the use to the standard it is represented to perform by or for a person in the chain of responsibility for the product.\ns 74AB ins 2017 No. 29 s 11\n(sec.74AB-ssec.1) A building product is any material or other thing associated with, or that could be associated with, a building.\n(sec.74AB-ssec.2) A building product is a non-conforming building product for an intended use if— the association of the product with a building for the use— is not, or will not be, safe; or does not, or will not, comply with the relevant regulatory provisions; or the product does not perform, or is not capable of performing, for the use to the standard it is represented to perform by or for a person in the chain of responsibility for the product.\n- (a) the association of the product with a building for the use— (i) is not, or will not be, safe; or (ii) does not, or will not, comply with the relevant regulatory provisions; or\n- (i) is not, or will not be, safe; or\n- (ii) does not, or will not, comply with the relevant regulatory provisions; or\n- (b) the product does not perform, or is not capable of performing, for the use to the standard it is represented to perform by or for a person in the chain of responsibility for the product.\n- (i) is not, or will not be, safe; or\n- (ii) does not, or will not, comply with the relevant regulatory provisions; or","sortOrder":356},{"sectionNumber":"sec.74ABA","sectionType":"section","heading":"Extraterritorial application of part","content":"### sec.74ABA Extraterritorial application of part\n\nThis part applies both within and outside Queensland.\nThis part applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\ns 74ABA ins 2017 No. 29 s 11\n(sec.74ABA-ssec.1) This part applies both within and outside Queensland.\n(sec.74ABA-ssec.2) This part applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.","sortOrder":357},{"sectionNumber":"pt.6AA-div.2","sectionType":"division","heading":"Duties relating to building products","content":"## Duties relating to building products","sortOrder":358},{"sectionNumber":"sec.74AC","sectionType":"section","heading":"Relationship with safety laws","content":"### sec.74AC Relationship with safety laws\n\nIf a provision of this division and a provision of a safety law deal with the same thing and it is possible to comply with both provisions, a person must comply with both provisions.\nHowever, to the extent it is not possible for the person to comply with both provisions, the person must comply with the provision of the safety law.\nEvidence of a contravention of this division is admissible in any proceeding for an offence against a provision of a safety law.\nIf an act, omission or circumstances constitute an offence under this division and a safety law, the offender is not liable to be punished twice in relation to the act, omission or circumstances.\nIn this section—\nsafety law means—\nthe Work Health and Safety Act 2011 ; or\nthe Electrical Safety Act 2002 .\ns 74AC ins 2017 No. 29 s 11\n(sec.74AC-ssec.1) If a provision of this division and a provision of a safety law deal with the same thing and it is possible to comply with both provisions, a person must comply with both provisions.\n(sec.74AC-ssec.2) However, to the extent it is not possible for the person to comply with both provisions, the person must comply with the provision of the safety law.\n(sec.74AC-ssec.3) Evidence of a contravention of this division is admissible in any proceeding for an offence against a provision of a safety law.\n(sec.74AC-ssec.4) If an act, omission or circumstances constitute an offence under this division and a safety law, the offender is not liable to be punished twice in relation to the act, omission or circumstances.\n(sec.74AC-ssec.5) In this section— safety law means— the Work Health and Safety Act 2011 ; or the Electrical Safety Act 2002 .\n- (a) the Work Health and Safety Act 2011 ; or\n- (b) the Electrical Safety Act 2002 .","sortOrder":359},{"sectionNumber":"sec.74AD","sectionType":"section","heading":"Principles applying to duties","content":"### sec.74AD Principles applying to duties\n\nThis section sets out principles applying to duties persons have under subdivision 2 .\nA person may have more than 1 duty because of the functions the person performs or is required to perform.\nMore than 1 person can concurrently have the same duty.\nEach person must comply with the duty to the standard required under subdivision 2 even if another person has the same duty.\nIf more than 1 person has a duty for the same matter, each person—\nis responsible for the person’s duty in relation to the matter; and\nmust discharge the person’s duty to the extent to which the person—\nhas the capacity to influence and control the matter; or\nwould have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.\nA person’s duty can not be transferred to another person.\ns 74AD ins 2017 No. 29 s 11\n(sec.74AD-ssec.1) This section sets out principles applying to duties persons have under subdivision 2 .\n(sec.74AD-ssec.2) A person may have more than 1 duty because of the functions the person performs or is required to perform.\n(sec.74AD-ssec.3) More than 1 person can concurrently have the same duty.\n(sec.74AD-ssec.4) Each person must comply with the duty to the standard required under subdivision 2 even if another person has the same duty.\n(sec.74AD-ssec.5) If more than 1 person has a duty for the same matter, each person— is responsible for the person’s duty in relation to the matter; and must discharge the person’s duty to the extent to which the person— has the capacity to influence and control the matter; or would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n(sec.74AD-ssec.6) A person’s duty can not be transferred to another person.\n- (a) is responsible for the person’s duty in relation to the matter; and\n- (b) must discharge the person’s duty to the extent to which the person— (i) has the capacity to influence and control the matter; or (ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n- (i) has the capacity to influence and control the matter; or\n- (ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n- (i) has the capacity to influence and control the matter; or\n- (ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.","sortOrder":360},{"sectionNumber":"sec.74ADA","sectionType":"section","heading":"Code of practice about discharging duties","content":"### sec.74ADA Code of practice about discharging duties\n\nThe Minister may make a code of practice that states a way of discharging a duty a person has under this division.\nA code of practice, or an instrument amending or repealing a code of practice, has no effect unless the Minister gives notice of its making.\nA notice under subsection (2) is subordinate legislation.\nA code of practice, or an instrument amending or repealing a code of practice, commences on the later of the following—\nthe day the notice under subsection (2) commences;\nthe day the code or instrument provides that it commences.\nA code of practice expires 10 years after its commencement.\nThe Minister must ensure a copy of each code of practice as in force from time to time, and any document applied, adopted or incorporated by the code of practice, is made available on the department’s website.\ns 74ADA ins 2017 No. 29 s 11\n(sec.74ADA-ssec.1) The Minister may make a code of practice that states a way of discharging a duty a person has under this division.\n(sec.74ADA-ssec.2) A code of practice, or an instrument amending or repealing a code of practice, has no effect unless the Minister gives notice of its making.\n(sec.74ADA-ssec.3) A notice under subsection (2) is subordinate legislation.\n(sec.74ADA-ssec.4) A code of practice, or an instrument amending or repealing a code of practice, commences on the later of the following— the day the notice under subsection (2) commences; the day the code or instrument provides that it commences.\n(sec.74ADA-ssec.5) A code of practice expires 10 years after its commencement.\n(sec.74ADA-ssec.6) The Minister must ensure a copy of each code of practice as in force from time to time, and any document applied, adopted or incorporated by the code of practice, is made available on the department’s website.\n- (a) the day the notice under subsection (2) commences;\n- (b) the day the code or instrument provides that it commences.","sortOrder":361},{"sectionNumber":"sec.74ADB","sectionType":"section","heading":"Use of code of practice in proceedings","content":"### sec.74ADB Use of code of practice in proceedings\n\nThis section applies in a proceeding for an offence against this part.\nA code of practice is admissible in the proceeding as evidence of whether or not a duty under this division has been complied with.\nNothing in this section prevents a person from introducing evidence of compliance with the duty in a way that is different from the code.\ns 74ADB ins 2017 No. 29 s 11\n(sec.74ADB-ssec.1) This section applies in a proceeding for an offence against this part.\n(sec.74ADB-ssec.2) A code of practice is admissible in the proceeding as evidence of whether or not a duty under this division has been complied with.\n(sec.74ADB-ssec.3) Nothing in this section prevents a person from introducing evidence of compliance with the duty in a way that is different from the code.","sortOrder":362},{"sectionNumber":"sec.74AE","sectionType":"section","heading":"Who is a person in the chain of responsibility for a building product","content":"### sec.74AE Who is a person in the chain of responsibility for a building product\n\nA person is a person in the chain of responsibility for a building product if—\nthe person—\ndesigns, manufactures, imports or supplies the building product; and\nknows, or is reasonably expected to know, the product will or is likely to be associated with a building; or\nthe person installs the product in a building in connection with relevant work; or\nthe person is an architect or engineer who, in designing a building, specifies that the product be associated with the building.\ns 74AE ins 2017 No. 29 s 11\namd 2018 No. 17 s 192C\n- (a) the person— (i) designs, manufactures, imports or supplies the building product; and (ii) knows, or is reasonably expected to know, the product will or is likely to be associated with a building; or\n- (i) designs, manufactures, imports or supplies the building product; and\n- (ii) knows, or is reasonably expected to know, the product will or is likely to be associated with a building; or\n- (b) the person installs the product in a building in connection with relevant work; or\n- (c) the person is an architect or engineer who, in designing a building, specifies that the product be associated with the building.\n- (i) designs, manufactures, imports or supplies the building product; and\n- (ii) knows, or is reasonably expected to know, the product will or is likely to be associated with a building; or","sortOrder":363},{"sectionNumber":"sec.74AF","sectionType":"section","heading":"Primary duty of person in the chain of responsibility","content":"### sec.74AF Primary duty of person in the chain of responsibility\n\nEach person in the chain of responsibility for a building product must, so far as reasonably practicable, ensure that the product is not a non-conforming building product for an intended use.\ns 74AF ins 2017 No. 29 s 11","sortOrder":364},{"sectionNumber":"sec.74AG","sectionType":"section","heading":"Additional duty relating to accompanying information","content":"### sec.74AG Additional duty relating to accompanying information\n\nA person in the chain of responsibility for a building product who designs the product must ensure, so far as reasonably practicable, that, if the person gives the design to another person who is to give effect to the design, the design is accompanied by the required information for the product.\nA person in the chain of responsibility for a building product who manufactures, imports or supplies the product must ensure, so far as reasonably practicable, that when the person gives the product to another person the product is accompanied by the required information for the product.\nFor subsection (2) , a person gives a building product to another person if the person—\nsells, supplies or otherwise transfers the building product to the other person; or\nfacilitates the sale, supply or transfer of the building product to the other person.\nA person who installs a building product in a building must ensure, so far as reasonably practicable, that the owner of the building is given information about the product prescribed by regulation for this subsection.\nAn architect or engineer who, in designing a building, specifies that a building product be associated with the building must ensure, so far as reasonably practicable, that when the architect or engineer gives the design to another person the design is accompanied by the information prescribed by regulation for this subsection.\nA regulation, for subsection (4) or (5) or subsection (7) , definition required information , may prescribe the following requirements for information about a building product—\nmatters that must be included or provided for in the information;\nmatters that must not be included or provided for in the information;\nthe form in which the information must be given.\nIn this section—\nrequired information , for a building product, means information about the product that—\nfor each intended use of the product, states or otherwise communicates the following—\nthe suitability of the product for the intended use and, if the product is suitable for the intended use only in particular circumstances or subject to particular conditions, the particular circumstances or conditions;\ninstructions about how the product must be associated with a building to ensure it is not a non-conforming building product for the intended use;\ninstructions about how the product must be used to ensure it is not a non-conforming building product for the intended use; and\ncomplies with the requirements for the information, if any, prescribed by regulation for this definition.\ns 74AG ins 2017 No. 29 s 11\namd 2018 No. 17 s 192D\n(sec.74AG-ssec.1) A person in the chain of responsibility for a building product who designs the product must ensure, so far as reasonably practicable, that, if the person gives the design to another person who is to give effect to the design, the design is accompanied by the required information for the product.\n(sec.74AG-ssec.2) A person in the chain of responsibility for a building product who manufactures, imports or supplies the product must ensure, so far as reasonably practicable, that when the person gives the product to another person the product is accompanied by the required information for the product.\n(sec.74AG-ssec.3) For subsection (2) , a person gives a building product to another person if the person— sells, supplies or otherwise transfers the building product to the other person; or facilitates the sale, supply or transfer of the building product to the other person.\n(sec.74AG-ssec.4) A person who installs a building product in a building must ensure, so far as reasonably practicable, that the owner of the building is given information about the product prescribed by regulation for this subsection.\n(sec.74AG-ssec.5) An architect or engineer who, in designing a building, specifies that a building product be associated with the building must ensure, so far as reasonably practicable, that when the architect or engineer gives the design to another person the design is accompanied by the information prescribed by regulation for this subsection.\n(sec.74AG-ssec.6) A regulation, for subsection (4) or (5) or subsection (7) , definition required information , may prescribe the following requirements for information about a building product— matters that must be included or provided for in the information; matters that must not be included or provided for in the information; the form in which the information must be given.\n(sec.74AG-ssec.7) In this section— required information , for a building product, means information about the product that— for each intended use of the product, states or otherwise communicates the following— the suitability of the product for the intended use and, if the product is suitable for the intended use only in particular circumstances or subject to particular conditions, the particular circumstances or conditions; instructions about how the product must be associated with a building to ensure it is not a non-conforming building product for the intended use; instructions about how the product must be used to ensure it is not a non-conforming building product for the intended use; and complies with the requirements for the information, if any, prescribed by regulation for this definition.\n- (a) sells, supplies or otherwise transfers the building product to the other person; or\n- (b) facilitates the sale, supply or transfer of the building product to the other person.\n- (a) matters that must be included or provided for in the information;\n- (b) matters that must not be included or provided for in the information;\n- (c) the form in which the information must be given.\n- (a) for each intended use of the product, states or otherwise communicates the following— (i) the suitability of the product for the intended use and, if the product is suitable for the intended use only in particular circumstances or subject to particular conditions, the particular circumstances or conditions; (ii) instructions about how the product must be associated with a building to ensure it is not a non-conforming building product for the intended use; (iii) instructions about how the product must be used to ensure it is not a non-conforming building product for the intended use; and\n- (i) the suitability of the product for the intended use and, if the product is suitable for the intended use only in particular circumstances or subject to particular conditions, the particular circumstances or conditions;\n- (ii) instructions about how the product must be associated with a building to ensure it is not a non-conforming building product for the intended use;\n- (iii) instructions about how the product must be used to ensure it is not a non-conforming building product for the intended use; and\n- (b) complies with the requirements for the information, if any, prescribed by regulation for this definition.\n- (i) the suitability of the product for the intended use and, if the product is suitable for the intended use only in particular circumstances or subject to particular conditions, the particular circumstances or conditions;\n- (ii) instructions about how the product must be associated with a building to ensure it is not a non-conforming building product for the intended use;\n- (iii) instructions about how the product must be used to ensure it is not a non-conforming building product for the intended use; and","sortOrder":365},{"sectionNumber":"sec.74AH","sectionType":"section","heading":"Additional duties relating to recalls","content":"### sec.74AH Additional duties relating to recalls\n\nA person who designs, manufactures, imports, supplies or installs a building product must comply with the requirements of a recall order, or corresponding recall order, that applies to the person.\nA person must not supply, or install in a building, a building product the person knows, or ought reasonably to know, is the subject of a recall order or corresponding recall order.\nAn architect or engineer must not, in designing a building, specify a building product be associated with the building that the architect or engineer knows, or ought reasonably to know, is the subject of a recall order or corresponding recall order.\nSubsection (5) applies if—\na building product becomes the subject of a recall order or corresponding recall order after an architect or engineer, in designing a building, specifies the building product be associated with the building; and\nthe architect or engineer knows, or ought reasonably to know, the building product has become the subject of the recall order or corresponding recall order.\nThe architect or engineer must, at the architect’s or engineer’s own expense—\ninform each person to whom the architect or engineer has given the design of the recall order or corresponding recall order; and\neither—\namend the design to remove the specification; or\ngive each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building.\nIn this section—\ncorresponding recall order means an order, however called, under a law of another State providing for the recall of a building product from use.\ns 74AH ins 2017 No. 29 s 11\namd 2018 No. 17 s 192E\n(sec.74AH-ssec.1) A person who designs, manufactures, imports, supplies or installs a building product must comply with the requirements of a recall order, or corresponding recall order, that applies to the person.\n(sec.74AH-ssec.2) A person must not supply, or install in a building, a building product the person knows, or ought reasonably to know, is the subject of a recall order or corresponding recall order.\n(sec.74AH-ssec.3) An architect or engineer must not, in designing a building, specify a building product be associated with the building that the architect or engineer knows, or ought reasonably to know, is the subject of a recall order or corresponding recall order.\n(sec.74AH-ssec.4) Subsection (5) applies if— a building product becomes the subject of a recall order or corresponding recall order after an architect or engineer, in designing a building, specifies the building product be associated with the building; and the architect or engineer knows, or ought reasonably to know, the building product has become the subject of the recall order or corresponding recall order.\n(sec.74AH-ssec.5) The architect or engineer must, at the architect’s or engineer’s own expense— inform each person to whom the architect or engineer has given the design of the recall order or corresponding recall order; and either— amend the design to remove the specification; or give each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building.\n(sec.74AH-ssec.6) In this section— corresponding recall order means an order, however called, under a law of another State providing for the recall of a building product from use.\n- (a) a building product becomes the subject of a recall order or corresponding recall order after an architect or engineer, in designing a building, specifies the building product be associated with the building; and\n- (b) the architect or engineer knows, or ought reasonably to know, the building product has become the subject of the recall order or corresponding recall order.\n- (a) inform each person to whom the architect or engineer has given the design of the recall order or corresponding recall order; and\n- (b) either— (i) amend the design to remove the specification; or (ii) give each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building.\n- (i) amend the design to remove the specification; or\n- (ii) give each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building.\n- (i) amend the design to remove the specification; or\n- (ii) give each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building.","sortOrder":366},{"sectionNumber":"sec.74AI","sectionType":"section","heading":"Duty of executive officer of company","content":"### sec.74AI Duty of executive officer of company\n\nIf a company has a duty under a provision of this subdivision, an executive officer of the company must exercise due diligence to ensure the company complies with the duty.\nMaximum penalty—the penalty for a contravention of the provision by an individual.\nThe executive officer may be proceeded against for, and convicted of, an offence under this Act relating to the officer’s duty under subsection (1) whether or not the company has been proceeded against for, or convicted of, an offence under this Act relating to the company’s duty under this division.\nIn this section, due diligence includes taking reasonable steps—\nto acquire, and keep up to date, knowledge of matters about the safe use of building products; and\nto gain an understanding of—\nthe nature of the company’s business activities relating to building products; and\nsafety risks and non-compliance risks associated with the building products; and\nto ensure the company has, and uses, appropriate resources to remove or minimise the risks mentioned in paragraph (b) (ii) ; and\nto ensure the company has, and implements, appropriate processes—\nto remove or minimise the risks mentioned in paragraph (b) (ii) ; and\nfor receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and\nfor complying with the company’s duties under this Act; and\nto verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.\ns 74AI ins 2017 No. 29 s 11\n(sec.74AI-ssec.1) If a company has a duty under a provision of this subdivision, an executive officer of the company must exercise due diligence to ensure the company complies with the duty. Maximum penalty—the penalty for a contravention of the provision by an individual.\n(sec.74AI-ssec.2) The executive officer may be proceeded against for, and convicted of, an offence under this Act relating to the officer’s duty under subsection (1) whether or not the company has been proceeded against for, or convicted of, an offence under this Act relating to the company’s duty under this division.\n(sec.74AI-ssec.3) In this section, due diligence includes taking reasonable steps— to acquire, and keep up to date, knowledge of matters about the safe use of building products; and to gain an understanding of— the nature of the company’s business activities relating to building products; and safety risks and non-compliance risks associated with the building products; and to ensure the company has, and uses, appropriate resources to remove or minimise the risks mentioned in paragraph (b) (ii) ; and to ensure the company has, and implements, appropriate processes— to remove or minimise the risks mentioned in paragraph (b) (ii) ; and for receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and for complying with the company’s duties under this Act; and to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.\n- (a) to acquire, and keep up to date, knowledge of matters about the safe use of building products; and\n- (b) to gain an understanding of— (i) the nature of the company’s business activities relating to building products; and (ii) safety risks and non-compliance risks associated with the building products; and\n- (i) the nature of the company’s business activities relating to building products; and\n- (ii) safety risks and non-compliance risks associated with the building products; and\n- (c) to ensure the company has, and uses, appropriate resources to remove or minimise the risks mentioned in paragraph (b) (ii) ; and\n- (d) to ensure the company has, and implements, appropriate processes— (i) to remove or minimise the risks mentioned in paragraph (b) (ii) ; and (ii) for receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and (iii) for complying with the company’s duties under this Act; and\n- (i) to remove or minimise the risks mentioned in paragraph (b) (ii) ; and\n- (ii) for receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and\n- (iii) for complying with the company’s duties under this Act; and\n- (e) to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.\n- (i) the nature of the company’s business activities relating to building products; and\n- (ii) safety risks and non-compliance risks associated with the building products; and\n- (i) to remove or minimise the risks mentioned in paragraph (b) (ii) ; and\n- (ii) for receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and\n- (iii) for complying with the company’s duties under this Act; and","sortOrder":367},{"sectionNumber":"sec.74AJ","sectionType":"section","heading":"Failing to comply with duty","content":"### sec.74AJ Failing to comply with duty\n\nA person commits an offence if—\nthe person has a duty under subdivision 2 ; and\nthe person fails to comply with the duty.\nMaximum penalty—1,000 penalty units.\ns 74AJ ins 2017 No. 29 s 11\n- (a) the person has a duty under subdivision 2 ; and\n- (b) the person fails to comply with the duty.","sortOrder":368},{"sectionNumber":"sec.74AK","sectionType":"section","heading":"Duty about representations about building products","content":"### sec.74AK Duty about representations about building products\n\nThis section applies if a person in the chain of responsibility for a building product knows, or ought reasonably to know, that the association of the product with a building for an intended use does not, or will not, comply with the relevant regulatory provisions.\nThe person must not make a representation, or permit a representation to be made, that the association of the product with a building for the use complies, or will comply, with the relevant regulatory provisions.\nMaximum penalty—1,000 penalty units.\ns 74AK ins 2017 No. 29 s 11\n(sec.74AK-ssec.1) This section applies if a person in the chain of responsibility for a building product knows, or ought reasonably to know, that the association of the product with a building for an intended use does not, or will not, comply with the relevant regulatory provisions.\n(sec.74AK-ssec.2) The person must not make a representation, or permit a representation to be made, that the association of the product with a building for the use complies, or will comply, with the relevant regulatory provisions. Maximum penalty—1,000 penalty units.","sortOrder":369},{"sectionNumber":"sec.74AL","sectionType":"section","heading":"Duty to notify non-conforming building product","content":"### sec.74AL Duty to notify non-conforming building product\n\nSubsection (2) applies if a person in the chain of responsibility for a building product becomes aware, or reasonably suspects, that the building product is a non-conforming building product for an intended use.\nAs soon as practicable but within 2 days after becoming aware or reasonably suspecting, the person must give the commission notice of the matter in the approved form, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf the person is aware of a notifiable incident that was or may have been caused by the use of the building product for the intended use, the notice under subsection (2) must also include notice of the notifiable incident.\nSubsection (5) applies if the commission is satisfied—\nthe building product is or may be a non-conforming building product for an intended use; and\nthere are safety risks arising from the product being a non-conforming building product for the intended use.\nThe commission may, by written notice given to a person in the chain of responsibility for the building product, direct the person to take stated action within a stated period to remove or minimise the safety risks.\nA person given a direction under subsection (5) must comply with the direction.\nMaximum penalty for subsection (6) —50 penalty units.\ns 74AL ins 2017 No. 29 s 11\n(sec.74AL-ssec.1) Subsection (2) applies if a person in the chain of responsibility for a building product becomes aware, or reasonably suspects, that the building product is a non-conforming building product for an intended use.\n(sec.74AL-ssec.2) As soon as practicable but within 2 days after becoming aware or reasonably suspecting, the person must give the commission notice of the matter in the approved form, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.74AL-ssec.3) If the person is aware of a notifiable incident that was or may have been caused by the use of the building product for the intended use, the notice under subsection (2) must also include notice of the notifiable incident.\n(sec.74AL-ssec.4) Subsection (5) applies if the commission is satisfied— the building product is or may be a non-conforming building product for an intended use; and there are safety risks arising from the product being a non-conforming building product for the intended use.\n(sec.74AL-ssec.5) The commission may, by written notice given to a person in the chain of responsibility for the building product, direct the person to take stated action within a stated period to remove or minimise the safety risks.\n(sec.74AL-ssec.6) A person given a direction under subsection (5) must comply with the direction. Maximum penalty for subsection (6) —50 penalty units.\n- (a) the building product is or may be a non-conforming building product for an intended use; and\n- (b) there are safety risks arising from the product being a non-conforming building product for the intended use.","sortOrder":370},{"sectionNumber":"sec.74AM","sectionType":"section","heading":"Duty to notify notifiable incident","content":"### sec.74AM Duty to notify notifiable incident\n\nThis section applies if—\na building product is a non-conforming building product for an intended use; and\na person in the chain of responsibility for the building product becomes aware, or reasonably suspects, that a notifiable incident was or may have been caused by the use of the building product for the intended use.\nAs soon as practicable but within 2 days after becoming aware or reasonably suspecting, the person must give the commission notice of the notifiable incident in the approved form, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 74AM ins 2017 No. 29 s 11\n(sec.74AM-ssec.1) This section applies if— a building product is a non-conforming building product for an intended use; and a person in the chain of responsibility for the building product becomes aware, or reasonably suspects, that a notifiable incident was or may have been caused by the use of the building product for the intended use.\n(sec.74AM-ssec.2) As soon as practicable but within 2 days after becoming aware or reasonably suspecting, the person must give the commission notice of the notifiable incident in the approved form, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) a building product is a non-conforming building product for an intended use; and\n- (b) a person in the chain of responsibility for the building product becomes aware, or reasonably suspects, that a notifiable incident was or may have been caused by the use of the building product for the intended use.","sortOrder":371},{"sectionNumber":"sec.74AN","sectionType":"section","heading":"Commission may require remedial action","content":"### sec.74AN Commission may require remedial action\n\nThis section applies if the commission reasonably believes a person—\nis contravening a duty under subdivision 2 ; or\nhas contravened a duty under subdivision 2 in circumstances that make it likely the contravention will continue or be repeated.\nThe commission may, by written notice given to the person, direct the person to do the following within the period stated in the direction—\nremedy the contravention;\ntake stated steps to prevent the contravention from continuing or being repeated.\nThe period stated in the direction must be at least 28 days unless the commission is satisfied that, if the direction is not required to be complied with within a shorter period—\na substantial loss will be incurred by, or a significant hazard will be caused to the health or safety of, a person because of the contravention; or\nthe contravention will cause a significant hazard to public safety or the environment generally.\nA person given a direction under subsection (2) must comply with the direction.\nMaximum penalty—1,000 penalty units.\ns 74AN ins 2017 No. 29 s 11\n(sec.74AN-ssec.1) This section applies if the commission reasonably believes a person— is contravening a duty under subdivision 2 ; or has contravened a duty under subdivision 2 in circumstances that make it likely the contravention will continue or be repeated.\n(sec.74AN-ssec.2) The commission may, by written notice given to the person, direct the person to do the following within the period stated in the direction— remedy the contravention; take stated steps to prevent the contravention from continuing or being repeated.\n(sec.74AN-ssec.3) The period stated in the direction must be at least 28 days unless the commission is satisfied that, if the direction is not required to be complied with within a shorter period— a substantial loss will be incurred by, or a significant hazard will be caused to the health or safety of, a person because of the contravention; or the contravention will cause a significant hazard to public safety or the environment generally.\n(sec.74AN-ssec.4) A person given a direction under subsection (2) must comply with the direction. Maximum penalty—1,000 penalty units.\n- (a) is contravening a duty under subdivision 2 ; or\n- (b) has contravened a duty under subdivision 2 in circumstances that make it likely the contravention will continue or be repeated.\n- (a) remedy the contravention;\n- (b) take stated steps to prevent the contravention from continuing or being repeated.\n- (a) a substantial loss will be incurred by, or a significant hazard will be caused to the health or safety of, a person because of the contravention; or\n- (b) the contravention will cause a significant hazard to public safety or the environment generally.","sortOrder":372},{"sectionNumber":"pt.6AA-div.3","sectionType":"division","heading":"Enforceable undertakings relating to building products","content":"## Enforceable undertakings relating to building products","sortOrder":373},{"sectionNumber":"sec.74AO","sectionType":"section","heading":"Commission may accept building product undertaking","content":"### sec.74AO Commission may accept building product undertaking\n\nThe commission may accept a written undertaking (a building product undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention of this part.\nThe giving of a building product undertaking does not constitute an admission of guilt by the person giving it for the contravention or alleged contravention to which the undertaking relates.\ns 74AO ins 2017 No. 29 s 11\n(sec.74AO-ssec.1) The commission may accept a written undertaking (a building product undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention of this part.\n(sec.74AO-ssec.2) The giving of a building product undertaking does not constitute an admission of guilt by the person giving it for the contravention or alleged contravention to which the undertaking relates.","sortOrder":374},{"sectionNumber":"sec.74AP","sectionType":"section","heading":"Notice of decision and reasons for decision","content":"### sec.74AP Notice of decision and reasons for decision\n\nThe commission must give the person seeking to make a building product undertaking written notice of the commission’s decision to accept or not accept the undertaking and the reasons for the decision.\nThe commission must publish, on the commission’s website, notice of a decision to accept a building product undertaking and the reasons for the decision.\ns 74AP ins 2017 No. 29 s 11\n(sec.74AP-ssec.1) The commission must give the person seeking to make a building product undertaking written notice of the commission’s decision to accept or not accept the undertaking and the reasons for the decision.\n(sec.74AP-ssec.2) The commission must publish, on the commission’s website, notice of a decision to accept a building product undertaking and the reasons for the decision.","sortOrder":375},{"sectionNumber":"sec.74AQ","sectionType":"section","heading":"When building product undertaking is enforceable","content":"### sec.74AQ When building product undertaking is enforceable\n\nA building product undertaking takes effect and becomes enforceable when written notice of the commission’s decision to accept the undertaking is given to the person who made the undertaking or at any later date stated by the commission in the notice.\ns 74AQ ins 2017 No. 29 s 11","sortOrder":376},{"sectionNumber":"sec.74AR","sectionType":"section","heading":"Compliance with building product undertaking","content":"### sec.74AR Compliance with building product undertaking\n\nA person must not contravene a building product undertaking made by the person that is in effect.\nMaximum penalty—500 penalty units.\ns 74AR ins 2017 No. 29 s 11","sortOrder":377},{"sectionNumber":"sec.74AS","sectionType":"section","heading":"Contravention of building product undertaking","content":"### sec.74AS Contravention of building product undertaking\n\nIf the commission considers that a person who made a building product undertaking has contravened the undertaking, the commission may apply to a Magistrates Court for an order under this section.\nIf the court is satisfied that the person has contravened the building product undertaking, the court, in addition to the imposition of any penalty, may make 1 or both of the following orders—\nan order directing the person to comply with the undertaking;\nan order discharging the undertaking.\nIn addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State—\nthe costs of the proceeding, including legal costs; and\nthe reasonable costs of the commission in—\ninvestigating the contravention of the building product undertaking; or\nmonitoring compliance with the building product undertaking in the future.\nNothing in this section prevents proceedings being taken for a contravention or alleged contravention of this part to which the building product undertaking relates.\ns 74AS ins 2017 No. 29 s 11\n(sec.74AS-ssec.1) If the commission considers that a person who made a building product undertaking has contravened the undertaking, the commission may apply to a Magistrates Court for an order under this section.\n(sec.74AS-ssec.2) If the court is satisfied that the person has contravened the building product undertaking, the court, in addition to the imposition of any penalty, may make 1 or both of the following orders— an order directing the person to comply with the undertaking; an order discharging the undertaking.\n(sec.74AS-ssec.3) In addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State— the costs of the proceeding, including legal costs; and the reasonable costs of the commission in— investigating the contravention of the building product undertaking; or monitoring compliance with the building product undertaking in the future.\n(sec.74AS-ssec.4) Nothing in this section prevents proceedings being taken for a contravention or alleged contravention of this part to which the building product undertaking relates.\n- (a) an order directing the person to comply with the undertaking;\n- (b) an order discharging the undertaking.\n- (a) the costs of the proceeding, including legal costs; and\n- (b) the reasonable costs of the commission in— (i) investigating the contravention of the building product undertaking; or (ii) monitoring compliance with the building product undertaking in the future.\n- (i) investigating the contravention of the building product undertaking; or\n- (ii) monitoring compliance with the building product undertaking in the future.\n- (i) investigating the contravention of the building product undertaking; or\n- (ii) monitoring compliance with the building product undertaking in the future.","sortOrder":378},{"sectionNumber":"sec.74AT","sectionType":"section","heading":"Withdrawal or variation of building product undertaking","content":"### sec.74AT Withdrawal or variation of building product undertaking\n\nA person who has made a building product undertaking may at any time, with the written agreement of the commission—\nwithdraw the undertaking; or\nvary the undertaking.\nHowever, the provisions of the undertaking can not be varied to provide for a matter relating to a different contravention or alleged contravention of this part.\nThe commission must publish, on the commission’s website, notice of the withdrawal or variation of a building product undertaking.\ns 74AT ins 2017 No. 29 s 11\n(sec.74AT-ssec.1) A person who has made a building product undertaking may at any time, with the written agreement of the commission— withdraw the undertaking; or vary the undertaking.\n(sec.74AT-ssec.2) However, the provisions of the undertaking can not be varied to provide for a matter relating to a different contravention or alleged contravention of this part.\n(sec.74AT-ssec.3) The commission must publish, on the commission’s website, notice of the withdrawal or variation of a building product undertaking.\n- (a) withdraw the undertaking; or\n- (b) vary the undertaking.","sortOrder":379},{"sectionNumber":"sec.74AU","sectionType":"section","heading":"Proceeding for contravention","content":"### sec.74AU Proceeding for contravention\n\nThis section applies to a contravention or alleged contravention of this part.\nNo proceedings for the contravention may be taken or continued against a person if a building product undertaking is in effect in relation to the contravention.\nNo proceedings may be taken for the contravention against a person who has made a building product undertaking for the contravention and has completely discharged the undertaking.\nThe commission may accept a building product undertaking for the contravention before proceedings for the contravention have been finalised.\nIf the commission accepts a building product undertaking as stated in subsection (4) , the commission must take all reasonable steps to have the proceedings discontinued as soon as practicable.\nIn this section—\nproceedings includes proceedings for disciplinary action under part 6A .\ns 74AU ins 2017 No. 29 s 11\n(sec.74AU-ssec.1) This section applies to a contravention or alleged contravention of this part.\n(sec.74AU-ssec.2) No proceedings for the contravention may be taken or continued against a person if a building product undertaking is in effect in relation to the contravention.\n(sec.74AU-ssec.3) No proceedings may be taken for the contravention against a person who has made a building product undertaking for the contravention and has completely discharged the undertaking.\n(sec.74AU-ssec.4) The commission may accept a building product undertaking for the contravention before proceedings for the contravention have been finalised.\n(sec.74AU-ssec.5) If the commission accepts a building product undertaking as stated in subsection (4) , the commission must take all reasonable steps to have the proceedings discontinued as soon as practicable.\n(sec.74AU-ssec.6) In this section— proceedings includes proceedings for disciplinary action under part 6A .","sortOrder":380},{"sectionNumber":"pt.6AA-div.4","sectionType":"division","heading":"Ministerial recall orders","content":"## Ministerial recall orders","sortOrder":381},{"sectionNumber":"sec.74AV","sectionType":"section","heading":"Application of division","content":"### sec.74AV Application of division\n\nThis division applies to a building product if—\nthe Minister is satisfied the product—\nis a non-conforming building product for all intended uses; and\nis not reasonably expected to be used for any other use; or\nthe Minister is satisfied—\nthe product has been, or is proposed to be, associated with a building for an intended use; and\nthe product is a non-conforming building product for the intended use; and\nthere are safety risks arising from the product being a non-conforming building product for the intended use.\nThe Minister may act under this division for a particular batch or type of building product and, for that purpose, a reference in this division to a building product includes a reference to a batch or type of building product.\ns 74AV ins 2017 No. 29 s 11\n(sec.74AV-ssec.1) This division applies to a building product if— the Minister is satisfied the product— is a non-conforming building product for all intended uses; and is not reasonably expected to be used for any other use; or the Minister is satisfied— the product has been, or is proposed to be, associated with a building for an intended use; and the product is a non-conforming building product for the intended use; and there are safety risks arising from the product being a non-conforming building product for the intended use.\n(sec.74AV-ssec.2) The Minister may act under this division for a particular batch or type of building product and, for that purpose, a reference in this division to a building product includes a reference to a batch or type of building product.\n- (a) the Minister is satisfied the product— (i) is a non-conforming building product for all intended uses; and (ii) is not reasonably expected to be used for any other use; or\n- (i) is a non-conforming building product for all intended uses; and\n- (ii) is not reasonably expected to be used for any other use; or\n- (b) the Minister is satisfied— (i) the product has been, or is proposed to be, associated with a building for an intended use; and (ii) the product is a non-conforming building product for the intended use; and (iii) there are safety risks arising from the product being a non-conforming building product for the intended use.\n- (i) the product has been, or is proposed to be, associated with a building for an intended use; and\n- (ii) the product is a non-conforming building product for the intended use; and\n- (iii) there are safety risks arising from the product being a non-conforming building product for the intended use.\n- (i) is a non-conforming building product for all intended uses; and\n- (ii) is not reasonably expected to be used for any other use; or\n- (i) the product has been, or is proposed to be, associated with a building for an intended use; and\n- (ii) the product is a non-conforming building product for the intended use; and\n- (iii) there are safety risks arising from the product being a non-conforming building product for the intended use.","sortOrder":382},{"sectionNumber":"sec.74AW","sectionType":"section","heading":"Minister may make recall order","content":"### sec.74AW Minister may make recall order\n\nThe Minister may make an order (a recall order ) that—\nis directed to a responsible person for the building product; and\nrequires a stated building product be recalled from use.\nThe Minister may make a recall order for a building product whether or not—\nthe responsible person, or another responsible person, has already undertaken a recall of the building product; or\nthe building product has been associated with a building.\nSee section 74AH for duties relating to the recall order.\nA recall order for a building product may be made in relation to 2 or more responsible persons for the product.\ns 74AW ins 2017 No. 29 s 11\namd 2018 No. 17 s 192F\n(sec.74AW-ssec.1) The Minister may make an order (a recall order ) that— is directed to a responsible person for the building product; and requires a stated building product be recalled from use.\n(sec.74AW-ssec.2) The Minister may make a recall order for a building product whether or not— the responsible person, or another responsible person, has already undertaken a recall of the building product; or the building product has been associated with a building. See section 74AH for duties relating to the recall order.\n(sec.74AW-ssec.3) A recall order for a building product may be made in relation to 2 or more responsible persons for the product.\n- (a) is directed to a responsible person for the building product; and\n- (b) requires a stated building product be recalled from use.\n- (a) the responsible person, or another responsible person, has already undertaken a recall of the building product; or\n- (b) the building product has been associated with a building.","sortOrder":383},{"sectionNumber":"sec.74AX","sectionType":"section","heading":"Notice required before making recall order","content":"### sec.74AX Notice required before making recall order\n\nBefore making the recall order, the Minister must—\ngive each responsible person to whom the order is to apply written notice of the Minister’s intention to make the order and the reasons for making the order; and\ngive the responsible person a copy of the proposed order; and\nask the responsible person to show cause why the Minister should not make the proposed order.\nIf a responsible person wishes to show cause why the recall order should not be made, the person may make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed order.\nThe Minister must consider any written submissions made by a responsible person within the period mentioned in subsection (2) before making the recall order.\nThis section does not apply to a responsible person in relation to a building product if an order, however called, directing the person to recall the building product from use is in force under the law of another State.\ns 74AX ins 2017 No. 29 s 11\n(sec.74AX-ssec.1) Before making the recall order, the Minister must— give each responsible person to whom the order is to apply written notice of the Minister’s intention to make the order and the reasons for making the order; and give the responsible person a copy of the proposed order; and ask the responsible person to show cause why the Minister should not make the proposed order.\n(sec.74AX-ssec.2) If a responsible person wishes to show cause why the recall order should not be made, the person may make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed order.\n(sec.74AX-ssec.3) The Minister must consider any written submissions made by a responsible person within the period mentioned in subsection (2) before making the recall order.\n(sec.74AX-ssec.4) This section does not apply to a responsible person in relation to a building product if an order, however called, directing the person to recall the building product from use is in force under the law of another State.\n- (a) give each responsible person to whom the order is to apply written notice of the Minister’s intention to make the order and the reasons for making the order; and\n- (b) give the responsible person a copy of the proposed order; and\n- (c) ask the responsible person to show cause why the Minister should not make the proposed order.","sortOrder":384},{"sectionNumber":"sec.74AY","sectionType":"section","heading":"Service of recall order","content":"### sec.74AY Service of recall order\n\nA recall order must be written and be given to each responsible person to whom the order applies.\nThe commission must ensure information sufficient to alert the public about the reason for the recall order is published—\nin a newspaper circulating generally in the State; and\non the commission’s website.\ns 74AY ins 2017 No. 29 s 11\n(sec.74AY-ssec.1) A recall order must be written and be given to each responsible person to whom the order applies.\n(sec.74AY-ssec.2) The commission must ensure information sufficient to alert the public about the reason for the recall order is published— in a newspaper circulating generally in the State; and on the commission’s website.\n- (a) in a newspaper circulating generally in the State; and\n- (b) on the commission’s website.","sortOrder":385},{"sectionNumber":"sec.74AZ","sectionType":"section","heading":"Nature of recall order","content":"### sec.74AZ Nature of recall order\n\nA recall order must state—\nthe reasons for the recall of the building product from use; and\nwhat each responsible person to whom the order applies must do to recall the building product from use including, for example, the following—\nthe way in which, and the period for which, a responsible person must inform other persons about the reason for the recall order;\nthe information a responsible person must give other persons about the reason for the recall order, including the action the other persons should take to mitigate any risk of injury or illness;\nthe action a responsible person must take in relation to other persons to whom the building product has been sold or supplied, for example, replacing the building product or providing a refund for the building product;\nfor a building product associated with a building—the action a responsible person must take to remove the building product from the building;\nfor a building product that an architect or engineer has, in designing a building, specified be associated with the building—the action the architect or engineer must take to ensure the specification is removed from the design;\namending the design to remove the specification\ngiving written notice to persons to whom the design has been given specifying an alternative building product to be associated with the building\nthe action a responsible person must take to stop the building product from being a non-conforming building product for an intended use, for example, by repair or modification;\nthe action a responsible person must take to help another responsible person to whom the recall order applies to comply with the order;\nthe information a responsible person must give to the commission about the progress of the recall.\nEach responsible person to whom the recall order applies is liable for any cost incurred in relation to complying with the order, including costs incurred by an architect, engineer, installer or supplier giving reasonable help in relation to the recall order under section 74AZA .\nThe recall order remains in force until the end of 2 years after the order is made unless sooner revoked by the Minister.\nSubsection (3) does not prevent a further recall order being made for the same building product to which the recall order applied while it was in force.\ns 74AZ ins 2017 No. 29 s 11\namd 2018 No. 17 s 192G\n(sec.74AZ-ssec.1) A recall order must state— the reasons for the recall of the building product from use; and what each responsible person to whom the order applies must do to recall the building product from use including, for example, the following— the way in which, and the period for which, a responsible person must inform other persons about the reason for the recall order; the information a responsible person must give other persons about the reason for the recall order, including the action the other persons should take to mitigate any risk of injury or illness; the action a responsible person must take in relation to other persons to whom the building product has been sold or supplied, for example, replacing the building product or providing a refund for the building product; for a building product associated with a building—the action a responsible person must take to remove the building product from the building; for a building product that an architect or engineer has, in designing a building, specified be associated with the building—the action the architect or engineer must take to ensure the specification is removed from the design; amending the design to remove the specification giving written notice to persons to whom the design has been given specifying an alternative building product to be associated with the building the action a responsible person must take to stop the building product from being a non-conforming building product for an intended use, for example, by repair or modification; the action a responsible person must take to help another responsible person to whom the recall order applies to comply with the order; the information a responsible person must give to the commission about the progress of the recall.\n(sec.74AZ-ssec.2) Each responsible person to whom the recall order applies is liable for any cost incurred in relation to complying with the order, including costs incurred by an architect, engineer, installer or supplier giving reasonable help in relation to the recall order under section 74AZA .\n(sec.74AZ-ssec.3) The recall order remains in force until the end of 2 years after the order is made unless sooner revoked by the Minister.\n(sec.74AZ-ssec.4) Subsection (3) does not prevent a further recall order being made for the same building product to which the recall order applied while it was in force.\n- (a) the reasons for the recall of the building product from use; and\n- (b) what each responsible person to whom the order applies must do to recall the building product from use including, for example, the following— (i) the way in which, and the period for which, a responsible person must inform other persons about the reason for the recall order; (ii) the information a responsible person must give other persons about the reason for the recall order, including the action the other persons should take to mitigate any risk of injury or illness; (iii) the action a responsible person must take in relation to other persons to whom the building product has been sold or supplied, for example, replacing the building product or providing a refund for the building product; (iv) for a building product associated with a building—the action a responsible person must take to remove the building product from the building; (v) for a building product that an architect or engineer has, in designing a building, specified be associated with the building—the action the architect or engineer must take to ensure the specification is removed from the design; Examples of action for (v)— • amending the design to remove the specification • giving written notice to persons to whom the design has been given specifying an alternative building product to be associated with the building (vi) the action a responsible person must take to stop the building product from being a non-conforming building product for an intended use, for example, by repair or modification; (vii) the action a responsible person must take to help another responsible person to whom the recall order applies to comply with the order; (viii) the information a responsible person must give to the commission about the progress of the recall.\n- (i) the way in which, and the period for which, a responsible person must inform other persons about the reason for the recall order;\n- (ii) the information a responsible person must give other persons about the reason for the recall order, including the action the other persons should take to mitigate any risk of injury or illness;\n- (iii) the action a responsible person must take in relation to other persons to whom the building product has been sold or supplied, for example, replacing the building product or providing a refund for the building product;\n- (iv) for a building product associated with a building—the action a responsible person must take to remove the building product from the building;\n- (v) for a building product that an architect or engineer has, in designing a building, specified be associated with the building—the action the architect or engineer must take to ensure the specification is removed from the design; Examples of action for (v)— • amending the design to remove the specification • giving written notice to persons to whom the design has been given specifying an alternative building product to be associated with the building\n- • amending the design to remove the specification\n- • giving written notice to persons to whom the design has been given specifying an alternative building product to be associated with the building\n- (vi) the action a responsible person must take to stop the building product from being a non-conforming building product for an intended use, for example, by repair or modification;\n- (vii) the action a responsible person must take to help another responsible person to whom the recall order applies to comply with the order;\n- (viii) the information a responsible person must give to the commission about the progress of the recall.\n- (i) the way in which, and the period for which, a responsible person must inform other persons about the reason for the recall order;\n- (ii) the information a responsible person must give other persons about the reason for the recall order, including the action the other persons should take to mitigate any risk of injury or illness;\n- (iii) the action a responsible person must take in relation to other persons to whom the building product has been sold or supplied, for example, replacing the building product or providing a refund for the building product;\n- (iv) for a building product associated with a building—the action a responsible person must take to remove the building product from the building;\n- (v) for a building product that an architect or engineer has, in designing a building, specified be associated with the building—the action the architect or engineer must take to ensure the specification is removed from the design; Examples of action for (v)— • amending the design to remove the specification • giving written notice to persons to whom the design has been given specifying an alternative building product to be associated with the building\n- • amending the design to remove the specification\n- • giving written notice to persons to whom the design has been given specifying an alternative building product to be associated with the building\n- (vi) the action a responsible person must take to stop the building product from being a non-conforming building product for an intended use, for example, by repair or modification;\n- (vii) the action a responsible person must take to help another responsible person to whom the recall order applies to comply with the order;\n- (viii) the information a responsible person must give to the commission about the progress of the recall.\n- • amending the design to remove the specification\n- • giving written notice to persons to whom the design has been given specifying an alternative building product to be associated with the building","sortOrder":386},{"sectionNumber":"sec.74AZA","sectionType":"section","heading":"Suppliers, installers and particular architects and engineers","content":"### sec.74AZA Suppliers, installers and particular architects and engineers\n\nThis section applies if a responsible person to whom a recall order applies—\nproduces a copy of the recall order to any of the following persons—\na supplier or installer of a building product the subject of the order;\nan architect or engineer who, in designing a building, specifies that a building product the subject of the order be associated with the building; and\nasks the supplier, installer, architect or engineer for help in relation to the recall order.\nThe supplier, installer, architect or engineer must give the responsible person reasonable help in relation to the recall order.\nceasing the supply of the recalled building product\nputting up a sign about the recall at the supplier’s place of business\nproviding a collection point for recalled building products\nidentifying or contacting persons supplied with the recalled building product\ngiving the responsible person information about the number of items of recalled building products sold, in stock or returned by customers\nidentifying or contacting owners of the buildings in which the building product has been installed\ngiving the responsible person information about the building products the installer has removed from buildings\nceasing to specify the recalled building product in designs\nidentifying or contacting persons to whom the architect or engineer gave a design specifying the recalled building product be associated with a building\nMaximum penalty—50 penalty units.\ns 74AZA ins 2017 No. 29 s 11\namd 2018 No. 17 s 192H\n(sec.74AZA-ssec.1) This section applies if a responsible person to whom a recall order applies— produces a copy of the recall order to any of the following persons— a supplier or installer of a building product the subject of the order; an architect or engineer who, in designing a building, specifies that a building product the subject of the order be associated with the building; and asks the supplier, installer, architect or engineer for help in relation to the recall order.\n(sec.74AZA-ssec.2) The supplier, installer, architect or engineer must give the responsible person reasonable help in relation to the recall order. ceasing the supply of the recalled building product putting up a sign about the recall at the supplier’s place of business providing a collection point for recalled building products identifying or contacting persons supplied with the recalled building product giving the responsible person information about the number of items of recalled building products sold, in stock or returned by customers identifying or contacting owners of the buildings in which the building product has been installed giving the responsible person information about the building products the installer has removed from buildings ceasing to specify the recalled building product in designs identifying or contacting persons to whom the architect or engineer gave a design specifying the recalled building product be associated with a building Maximum penalty—50 penalty units.\n- (a) produces a copy of the recall order to any of the following persons— (i) a supplier or installer of a building product the subject of the order; (ii) an architect or engineer who, in designing a building, specifies that a building product the subject of the order be associated with the building; and\n- (i) a supplier or installer of a building product the subject of the order;\n- (ii) an architect or engineer who, in designing a building, specifies that a building product the subject of the order be associated with the building; and\n- (b) asks the supplier, installer, architect or engineer for help in relation to the recall order.\n- (i) a supplier or installer of a building product the subject of the order;\n- (ii) an architect or engineer who, in designing a building, specifies that a building product the subject of the order be associated with the building; and\n- • ceasing the supply of the recalled building product\n- • putting up a sign about the recall at the supplier’s place of business\n- • providing a collection point for recalled building products\n- • identifying or contacting persons supplied with the recalled building product\n- • giving the responsible person information about the number of items of recalled building products sold, in stock or returned by customers\n- • identifying or contacting owners of the buildings in which the building product has been installed\n- • giving the responsible person information about the building products the installer has removed from buildings\n- • ceasing to specify the recalled building product in designs\n- • identifying or contacting persons to whom the architect or engineer gave a design specifying the recalled building product be associated with a building","sortOrder":387},{"sectionNumber":"pt.6AA-div.5","sectionType":"division","heading":"Warning statements","content":"## Warning statements","sortOrder":388},{"sectionNumber":"sec.74AZB","sectionType":"section","heading":"Application of division","content":"### sec.74AZB Application of division\n\nThis division applies to a building product if the Minister is satisfied—\nthe product is a non-conforming building product for an intended use; or\nthat associating the product with a building in a particular way will make the product a non-conforming building product for an intended use; or\nthat, if the product is associated with a building for a particular use, using the product in a particular way will make the product a non-conforming building product for the use.\nThe Minister may act under this division for a particular batch or type of building product and, for that purpose, a reference in this division to a building product includes a reference to a batch or type of building product.\ns 74AZB ins 2017 No. 29 s 11\n(sec.74AZB-ssec.1) This division applies to a building product if the Minister is satisfied— the product is a non-conforming building product for an intended use; or that associating the product with a building in a particular way will make the product a non-conforming building product for an intended use; or that, if the product is associated with a building for a particular use, using the product in a particular way will make the product a non-conforming building product for the use.\n(sec.74AZB-ssec.2) The Minister may act under this division for a particular batch or type of building product and, for that purpose, a reference in this division to a building product includes a reference to a batch or type of building product.\n- (a) the product is a non-conforming building product for an intended use; or\n- (b) that associating the product with a building in a particular way will make the product a non-conforming building product for an intended use; or\n- (c) that, if the product is associated with a building for a particular use, using the product in a particular way will make the product a non-conforming building product for the use.","sortOrder":389},{"sectionNumber":"sec.74AZC","sectionType":"section","heading":"Minister may publish warning statement","content":"### sec.74AZC Minister may publish warning statement\n\nThe Minister may publish a statement (a warning statement ) stating—\nif section 74AZB (1) (a) applies—that a stated building product is a non-conforming building product for a stated use; or\nif section 74AZB (1) (b) applies—that associating a stated building product with a building in a stated way will make the building product a non-conforming building product for a stated use; or\nif section 74AZB (1) (c) applies—that, if a stated building product is associated with a building for a stated use, using the product in a stated way will make the product a non-conforming building product for the use.\nThe Minister may publish a warning statement for a building product whether or not—\nthe Minister has made a recall order for the building product; or\na responsible person for the building product has already undertaken a recall of the building product; or\nthe building product has been associated with a building.\nA warning statement may be published—\nin a newspaper circulating generally in the State; and\non the commission’s website; and\nin any other way the Minister considers appropriate.\ns 74AZC ins 2017 No. 29 s 11\namd 2018 No. 17 s 192I\n(sec.74AZC-ssec.1) The Minister may publish a statement (a warning statement ) stating— if section 74AZB (1) (a) applies—that a stated building product is a non-conforming building product for a stated use; or if section 74AZB (1) (b) applies—that associating a stated building product with a building in a stated way will make the building product a non-conforming building product for a stated use; or if section 74AZB (1) (c) applies—that, if a stated building product is associated with a building for a stated use, using the product in a stated way will make the product a non-conforming building product for the use.\n(sec.74AZC-ssec.2) The Minister may publish a warning statement for a building product whether or not— the Minister has made a recall order for the building product; or a responsible person for the building product has already undertaken a recall of the building product; or the building product has been associated with a building.\n(sec.74AZC-ssec.3) A warning statement may be published— in a newspaper circulating generally in the State; and on the commission’s website; and in any other way the Minister considers appropriate.\n- (a) if section 74AZB (1) (a) applies—that a stated building product is a non-conforming building product for a stated use; or\n- (b) if section 74AZB (1) (b) applies—that associating a stated building product with a building in a stated way will make the building product a non-conforming building product for a stated use; or\n- (c) if section 74AZB (1) (c) applies—that, if a stated building product is associated with a building for a stated use, using the product in a stated way will make the product a non-conforming building product for the use.\n- (a) the Minister has made a recall order for the building product; or\n- (b) a responsible person for the building product has already undertaken a recall of the building product; or\n- (c) the building product has been associated with a building.\n- (a) in a newspaper circulating generally in the State; and\n- (b) on the commission’s website; and\n- (c) in any other way the Minister considers appropriate.","sortOrder":390},{"sectionNumber":"sec.74AZD","sectionType":"section","heading":"Notice required before publishing warning statement","content":"### sec.74AZD Notice required before publishing warning statement\n\nBefore publishing the warning statement, the Minister must—\ngive each person in the chain of responsibility for the building product whose identity is known or reasonably ascertainable by the Minister written notice of the following—\nthe Minister’s intention to publish the warning statement;\nthe reasons for publishing the statement; and\ngive the person a copy of the proposed warning statement; and\nask the person to show cause why the Minister should not publish the warning statement.\nIf the person wishes to show cause why the warning statement should not be published, the person may make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed warning statement.\nThe Minister must consider any written submissions made by the person within the period mentioned in subsection (2) before publishing the warning statement.\ns 74AZD ins 2017 No. 29 s 11\n(sec.74AZD-ssec.1) Before publishing the warning statement, the Minister must— give each person in the chain of responsibility for the building product whose identity is known or reasonably ascertainable by the Minister written notice of the following— the Minister’s intention to publish the warning statement; the reasons for publishing the statement; and give the person a copy of the proposed warning statement; and ask the person to show cause why the Minister should not publish the warning statement.\n(sec.74AZD-ssec.2) If the person wishes to show cause why the warning statement should not be published, the person may make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed warning statement.\n(sec.74AZD-ssec.3) The Minister must consider any written submissions made by the person within the period mentioned in subsection (2) before publishing the warning statement.\n- (a) give each person in the chain of responsibility for the building product whose identity is known or reasonably ascertainable by the Minister written notice of the following— (i) the Minister’s intention to publish the warning statement; (ii) the reasons for publishing the statement; and\n- (i) the Minister’s intention to publish the warning statement;\n- (ii) the reasons for publishing the statement; and\n- (b) give the person a copy of the proposed warning statement; and\n- (c) ask the person to show cause why the Minister should not publish the warning statement.\n- (i) the Minister’s intention to publish the warning statement;\n- (ii) the reasons for publishing the statement; and","sortOrder":391},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Disciplinary proceedings","content":"# Disciplinary proceedings","sortOrder":392},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Commission may investigate grounds for taking disciplinary action","content":"### sec.74A Commission may investigate grounds for taking disciplinary action\n\nThe commission may investigate whether proper grounds exist for taking disciplinary action against a person under this part.\nAn investigator may exercise powers under part 9 for an investigation under this part.\nAlso, for an investigation under this part, the commission may use information obtained under this Act from any entity, including, for example—\na department or agency of the Commonwealth or a State; and\nparticipants in the building industry and its consumers.\ns 74A ins 2014 No. 57 s 38\namd 2017 No. 29 s 12 ; 2018 No. 17 s 192J\n(sec.74A-ssec.1) The commission may investigate whether proper grounds exist for taking disciplinary action against a person under this part.\n(sec.74A-ssec.2) An investigator may exercise powers under part 9 for an investigation under this part.\n(sec.74A-ssec.3) Also, for an investigation under this part, the commission may use information obtained under this Act from any entity, including, for example— a department or agency of the Commonwealth or a State; and participants in the building industry and its consumers.\n- (a) a department or agency of the Commonwealth or a State; and\n- (b) participants in the building industry and its consumers.","sortOrder":393},{"sectionNumber":"sec.74B","sectionType":"section","heading":"Proper grounds for taking disciplinary action against a licensee and former licensees","content":"### sec.74B Proper grounds for taking disciplinary action against a licensee and former licensees\n\nProper grounds exist for taking disciplinary action against a licensee or former licensee if—\nthe licensee contravenes an offence provision of, or a requirement imposed under, this Act, the Building Act 1975 or the Building Industry Fairness (Security of Payment) Act 2017 ; or\nthe licensee is convicted of an indictable offence; or\nif the licensee is a corporation—a director or secretary of, or an influential person for, the company is not a fit and proper person to exercise control or influence of the company’s affairs; or\nthe licensee is carrying on business under the licence in partnership with a person who is not a fit and proper person to have an interest in the business; or\nthe licensee is bankrupt or insolvent; or\nthe licensee has committed an offence involving fraud or dishonesty relating to the business carried on under the licence; or\nthe licensee knowingly helps a person to carry out building work in contravention of this Act; or\nthe licensee contravenes or is taken to have contravened a relevant Act in relation to building work carried out under the licence; or\nbuilding or other work on a building site under the licensee’s control, or carried out under the licence, may have—\ncaused the death of, or grievous bodily harm to, a person; or\ninvolved a serious risk to the health or safety of a person; or\nthe licensee is negligent or incompetent in carrying out building work under the licence; or\nthe licensee fails to comply with—\na direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or\na direction given by the commission under section 74AN ; or\nthe licensee contravenes a condition of the licence; or\nthe licensee owes an amount to the commission and fails to comply with a demand by the commission to pay the amount; or\nthe licensee fails to comply with an order of the tribunal; or\nthe licensee fails to pay a subcontractor in compliance with a building contract that is a subcontract under section 67D ; or\nthe licensee contravenes section 67NC .\nHowever, proper grounds exist for taking disciplinary action against a former licensee only if the former licensee was a licensee at the time the grounds first existed.\nIn this section—\nformer licensee means a person who was a licensee.\ngrievous bodily harm see the Criminal Code , section 1 .\noffence provision means a provision creating an offence or civil penalty.\nrelevant Act means—\nthe Fair Trading Act 1989 ; or\nThe Australian Consumer Law (Queensland) forms part of the Fair Trading Act 1989 .\nthe Plumbing and Drainage Act 2018 ; or\nthe Work Health and Safety Act 2011 ; or\nthe Electrical Safety Act 2002 ; or\nthe Public Health Act 2005 ; or\nanother Act prescribed by regulation.\ns 74B ins 2014 No. 57 s 38\namd 2017 No. 29 s 13 ; 2017 No. 43 s 285 ; 2018 No. 17 s 197 sch 2 ; 2022 No. 11 s 63 ; 2024 No. 14 s 70\n(sec.74B-ssec.1) Proper grounds exist for taking disciplinary action against a licensee or former licensee if— the licensee contravenes an offence provision of, or a requirement imposed under, this Act, the Building Act 1975 or the Building Industry Fairness (Security of Payment) Act 2017 ; or the licensee is convicted of an indictable offence; or if the licensee is a corporation—a director or secretary of, or an influential person for, the company is not a fit and proper person to exercise control or influence of the company’s affairs; or the licensee is carrying on business under the licence in partnership with a person who is not a fit and proper person to have an interest in the business; or the licensee is bankrupt or insolvent; or the licensee has committed an offence involving fraud or dishonesty relating to the business carried on under the licence; or the licensee knowingly helps a person to carry out building work in contravention of this Act; or the licensee contravenes or is taken to have contravened a relevant Act in relation to building work carried out under the licence; or building or other work on a building site under the licensee’s control, or carried out under the licence, may have— caused the death of, or grievous bodily harm to, a person; or involved a serious risk to the health or safety of a person; or the licensee is negligent or incompetent in carrying out building work under the licence; or the licensee fails to comply with— a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or a direction given by the commission under section 74AN ; or the licensee contravenes a condition of the licence; or the licensee owes an amount to the commission and fails to comply with a demand by the commission to pay the amount; or the licensee fails to comply with an order of the tribunal; or the licensee fails to pay a subcontractor in compliance with a building contract that is a subcontract under section 67D ; or the licensee contravenes section 67NC .\n(sec.74B-ssec.2) However, proper grounds exist for taking disciplinary action against a former licensee only if the former licensee was a licensee at the time the grounds first existed.\n(sec.74B-ssec.3) In this section— former licensee means a person who was a licensee. grievous bodily harm see the Criminal Code , section 1 . offence provision means a provision creating an offence or civil penalty. relevant Act means— the Fair Trading Act 1989 ; or The Australian Consumer Law (Queensland) forms part of the Fair Trading Act 1989 . the Plumbing and Drainage Act 2018 ; or the Work Health and Safety Act 2011 ; or the Electrical Safety Act 2002 ; or the Public Health Act 2005 ; or another Act prescribed by regulation.\n- (a) the licensee contravenes an offence provision of, or a requirement imposed under, this Act, the Building Act 1975 or the Building Industry Fairness (Security of Payment) Act 2017 ; or\n- (b) the licensee is convicted of an indictable offence; or\n- (c) if the licensee is a corporation—a director or secretary of, or an influential person for, the company is not a fit and proper person to exercise control or influence of the company’s affairs; or\n- (d) the licensee is carrying on business under the licence in partnership with a person who is not a fit and proper person to have an interest in the business; or\n- (e) the licensee is bankrupt or insolvent; or\n- (f) the licensee has committed an offence involving fraud or dishonesty relating to the business carried on under the licence; or\n- (g) the licensee knowingly helps a person to carry out building work in contravention of this Act; or\n- (h) the licensee contravenes or is taken to have contravened a relevant Act in relation to building work carried out under the licence; or\n- (ha) building or other work on a building site under the licensee’s control, or carried out under the licence, may have— (i) caused the death of, or grievous bodily harm to, a person; or (ii) involved a serious risk to the health or safety of a person; or\n- (i) caused the death of, or grievous bodily harm to, a person; or\n- (ii) involved a serious risk to the health or safety of a person; or\n- (i) the licensee is negligent or incompetent in carrying out building work under the licence; or\n- (j) the licensee fails to comply with— (i) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or (ii) a direction given by the commission under section 74AN ; or\n- (i) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or\n- (ii) a direction given by the commission under section 74AN ; or\n- (k) the licensee contravenes a condition of the licence; or\n- (l) the licensee owes an amount to the commission and fails to comply with a demand by the commission to pay the amount; or\n- (m) the licensee fails to comply with an order of the tribunal; or\n- (n) the licensee fails to pay a subcontractor in compliance with a building contract that is a subcontract under section 67D ; or\n- (r) the licensee contravenes section 67NC .\n- (i) caused the death of, or grievous bodily harm to, a person; or\n- (ii) involved a serious risk to the health or safety of a person; or\n- (i) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or\n- (ii) a direction given by the commission under section 74AN ; or\n- (a) the Fair Trading Act 1989 ; or Note— The Australian Consumer Law (Queensland) forms part of the Fair Trading Act 1989 .\n- (b) the Plumbing and Drainage Act 2018 ; or\n- (c) the Work Health and Safety Act 2011 ; or\n- (d) the Electrical Safety Act 2002 ; or\n- (e) the Public Health Act 2005 ; or\n- (f) another Act prescribed by regulation.","sortOrder":394},{"sectionNumber":"sec.74C","sectionType":"section","heading":"Proper grounds for taking disciplinary action against person not a licensee","content":"### sec.74C Proper grounds for taking disciplinary action against person not a licensee\n\nProper grounds exist for taking disciplinary action against a person who is not a licensee if the person—\ncarries out, or undertakes to carry out, building work for which a licence is required without holding a licence of the appropriate class; or\nhas committed an offence involving fraud or dishonesty relating to the performance of building work; or\ncontravenes or is taken to have contravened the Fair Trading Act 1989 in relation to building work carried out by the person; or\nA contravention of the Fair Trading Act 1989 includes a contravention of the Australian Consumer Law (Queensland) which forms part of that Act.\nis negligent or incompetent in carrying out building work for which a licence is required; or\nfails to comply with—\na direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or\na direction given by the commission under section 74AN ; or\ncontravenes a duty under part 6AA , division 2 , subdivision 2 ; or\nfails to comply with a direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use.\nIn this section—\nundertakes to carry out , building work, means enters into a contract to carry out building work or submits a tender or makes an offer to carry out building work, unless the contract, submission or offer is conditional on the person obtaining a licence of the appropriate class.\ns 74C ins 2014 No. 57 s 38\namd 2017 No. 29 s 14 ; 2018 No. 17 s 192K\n(sec.74C-ssec.1) Proper grounds exist for taking disciplinary action against a person who is not a licensee if the person— carries out, or undertakes to carry out, building work for which a licence is required without holding a licence of the appropriate class; or has committed an offence involving fraud or dishonesty relating to the performance of building work; or contravenes or is taken to have contravened the Fair Trading Act 1989 in relation to building work carried out by the person; or A contravention of the Fair Trading Act 1989 includes a contravention of the Australian Consumer Law (Queensland) which forms part of that Act. is negligent or incompetent in carrying out building work for which a licence is required; or fails to comply with— a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or a direction given by the commission under section 74AN ; or contravenes a duty under part 6AA , division 2 , subdivision 2 ; or fails to comply with a direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use.\n(sec.74C-ssec.2) In this section— undertakes to carry out , building work, means enters into a contract to carry out building work or submits a tender or makes an offer to carry out building work, unless the contract, submission or offer is conditional on the person obtaining a licence of the appropriate class.\n- (a) carries out, or undertakes to carry out, building work for which a licence is required without holding a licence of the appropriate class; or\n- (b) has committed an offence involving fraud or dishonesty relating to the performance of building work; or\n- (c) contravenes or is taken to have contravened the Fair Trading Act 1989 in relation to building work carried out by the person; or Note— A contravention of the Fair Trading Act 1989 includes a contravention of the Australian Consumer Law (Queensland) which forms part of that Act.\n- (d) is negligent or incompetent in carrying out building work for which a licence is required; or\n- (e) fails to comply with— (i) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or (ii) a direction given by the commission under section 74AN ; or\n- (i) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or\n- (ii) a direction given by the commission under section 74AN ; or\n- (f) contravenes a duty under part 6AA , division 2 , subdivision 2 ; or\n- (g) fails to comply with a direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use.\n- (i) a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage; or\n- (ii) a direction given by the commission under section 74AN ; or","sortOrder":395},{"sectionNumber":"sec.74D","sectionType":"section","heading":"Types of disciplinary action that may be taken","content":"### sec.74D Types of disciplinary action that may be taken\n\nThe types of disciplinary action the commission may take against a person are—\nfor defective or incomplete building work carried out by the person for a building owner—directing the person pay, within a stated period, the building owner an amount sufficient to rectify the work; or\nfor consequential damage caused by, or as a consequence of, building work carried out by the person—directing the person pay, within a stated period, the owner of the residence affected by the consequential damage an amount sufficient to remedy the damage; or\ndirecting the person to pay, within a stated period, compensation to someone else who has suffered loss or damage because of the act or omission that resulted in the disciplinary action; or\nimposing a penalty on the person of not more than—\nfor an individual—an amount equivalent to 200 penalty units; or\nfor a corporation—an amount equivalent to 1,000 penalty units; or\nif the person is a licensee—\nreprimanding the licensee; or\nsuspending the licence; or\nimposing conditions on the licence; or\ncancelling the licence.\ns 74D ins 2014 No. 57 s 38\n- (a) for defective or incomplete building work carried out by the person for a building owner—directing the person pay, within a stated period, the building owner an amount sufficient to rectify the work; or\n- (b) for consequential damage caused by, or as a consequence of, building work carried out by the person—directing the person pay, within a stated period, the owner of the residence affected by the consequential damage an amount sufficient to remedy the damage; or\n- (c) directing the person to pay, within a stated period, compensation to someone else who has suffered loss or damage because of the act or omission that resulted in the disciplinary action; or\n- (d) imposing a penalty on the person of not more than— (i) for an individual—an amount equivalent to 200 penalty units; or (ii) for a corporation—an amount equivalent to 1,000 penalty units; or\n- (i) for an individual—an amount equivalent to 200 penalty units; or\n- (ii) for a corporation—an amount equivalent to 1,000 penalty units; or\n- (e) if the person is a licensee— (i) reprimanding the licensee; or (ii) suspending the licence; or (iii) imposing conditions on the licence; or (iv) cancelling the licence.\n- (i) reprimanding the licensee; or\n- (ii) suspending the licence; or\n- (iii) imposing conditions on the licence; or\n- (iv) cancelling the licence.\n- (i) for an individual—an amount equivalent to 200 penalty units; or\n- (ii) for a corporation—an amount equivalent to 1,000 penalty units; or\n- (i) reprimanding the licensee; or\n- (ii) suspending the licence; or\n- (iii) imposing conditions on the licence; or\n- (iv) cancelling the licence.","sortOrder":396},{"sectionNumber":"sec.74E","sectionType":"section","heading":"Notice of proposed disciplinary action","content":"### sec.74E Notice of proposed disciplinary action\n\nIf, after conducting an investigation, the commission believes that appropriate grounds exist for taking disciplinary action against a person, the commission must give the person a written notice of—\nthe grounds the commission believe exist for taking disciplinary action against the person; and\nthe disciplinary action the commission proposes to take against the person; and\nthat the person may, within the period stated in the notice, make written submissions to the commission about the matters mentioned in paragraphs (a) and (b) .\ns 74E ins 2014 No. 57 s 38\n- (a) the grounds the commission believe exist for taking disciplinary action against the person; and\n- (b) the disciplinary action the commission proposes to take against the person; and\n- (c) that the person may, within the period stated in the notice, make written submissions to the commission about the matters mentioned in paragraphs (a) and (b) .","sortOrder":397},{"sectionNumber":"sec.74F","sectionType":"section","heading":"Taking disciplinary action","content":"### sec.74F Taking disciplinary action\n\nIf the commission has given a person a notice under section 74E , the commission must consider all submissions made by the person within the period stated in the notice and decide to—\ntake no further action; or\ntake 1 or more of the types of disciplinary action mentioned in section 74D .\nSubsection (3) applies if—\nthe decision is to take disciplinary action of a type mentioned in section 74D (a) , (b) or (c) ; and\nthe disciplinary action takes effect under section 74G ; and\nthe person does not comply with the disciplinary action as required.\nThe commission may immediately decide to take another type of disciplinary action against the person.\nAs soon as practicable after making a decision to take no further action under subsection (1) , the commission must give the person written notice of the decision.\nAs soon as practicable after making a decision to take disciplinary action against the person under subsection (1) or (3) , the commission must give the person written notice of the decision that—\ncomplies with the QCAT Act , section 157 (2) ; and\ninforms the person of their option of applying to the commission for an internal review of the decision under section 86A .\ns 74F ins 2014 No. 57 s 38\n(sec.74F-ssec.1) If the commission has given a person a notice under section 74E , the commission must consider all submissions made by the person within the period stated in the notice and decide to— take no further action; or take 1 or more of the types of disciplinary action mentioned in section 74D .\n(sec.74F-ssec.2) Subsection (3) applies if— the decision is to take disciplinary action of a type mentioned in section 74D (a) , (b) or (c) ; and the disciplinary action takes effect under section 74G ; and the person does not comply with the disciplinary action as required.\n(sec.74F-ssec.3) The commission may immediately decide to take another type of disciplinary action against the person.\n(sec.74F-ssec.4) As soon as practicable after making a decision to take no further action under subsection (1) , the commission must give the person written notice of the decision.\n(sec.74F-ssec.5) As soon as practicable after making a decision to take disciplinary action against the person under subsection (1) or (3) , the commission must give the person written notice of the decision that— complies with the QCAT Act , section 157 (2) ; and informs the person of their option of applying to the commission for an internal review of the decision under section 86A .\n- (a) take no further action; or\n- (b) take 1 or more of the types of disciplinary action mentioned in section 74D .\n- (a) the decision is to take disciplinary action of a type mentioned in section 74D (a) , (b) or (c) ; and\n- (b) the disciplinary action takes effect under section 74G ; and\n- (c) the person does not comply with the disciplinary action as required.\n- (a) complies with the QCAT Act , section 157 (2) ; and\n- (b) informs the person of their option of applying to the commission for an internal review of the decision under section 86A .","sortOrder":398},{"sectionNumber":"sec.74G","sectionType":"section","heading":"When disciplinary action takes effect","content":"### sec.74G When disciplinary action takes effect\n\nIf the commission decides to take disciplinary action against a person under section 74F , the action takes effect from the later of the following days—\nthe day that is 29 days after the person is given notice of the decision under section 74F (5) ;\nthe day stated in the notice of the decision under section 74F (5) .\nHowever, the decision to take the disciplinary action is stayed if—\nthe disciplinary action relates to any matter other than a matter mentioned in section 74B (1) (j) or 74C (1) (e) ; and\nthe person applies to the commission to have the decision reviewed under section 86A .\nThe stay under subsection (2) is only for the period of a proceeding to decide the review.\nThe person need not comply with the disciplinary action if—\nthe person applied to the tribunal for a review of the decision under section 87 ; and\nthe tribunal orders a stay of the decision.\nThe commission may recover an amount imposed as a penalty, as a debt, from the person on whom the penalty is imposed.\nSubsection (7) applies if the decision to take the disciplinary action is stayed under subsection (2) or the tribunal orders a stay of the decision.\nThe decision to take the disciplinary action is taken not to have taken effect for the duration of the stay.\ns 74G ins 2014 No. 57 s 38\n(sec.74G-ssec.1) If the commission decides to take disciplinary action against a person under section 74F , the action takes effect from the later of the following days— the day that is 29 days after the person is given notice of the decision under section 74F (5) ; the day stated in the notice of the decision under section 74F (5) .\n(sec.74G-ssec.2) However, the decision to take the disciplinary action is stayed if— the disciplinary action relates to any matter other than a matter mentioned in section 74B (1) (j) or 74C (1) (e) ; and the person applies to the commission to have the decision reviewed under section 86A .\n(sec.74G-ssec.3) The stay under subsection (2) is only for the period of a proceeding to decide the review.\n(sec.74G-ssec.4) The person need not comply with the disciplinary action if— the person applied to the tribunal for a review of the decision under section 87 ; and the tribunal orders a stay of the decision.\n(sec.74G-ssec.5) The commission may recover an amount imposed as a penalty, as a debt, from the person on whom the penalty is imposed.\n(sec.74G-ssec.6) Subsection (7) applies if the decision to take the disciplinary action is stayed under subsection (2) or the tribunal orders a stay of the decision.\n(sec.74G-ssec.7) The decision to take the disciplinary action is taken not to have taken effect for the duration of the stay.\n- (a) the day that is 29 days after the person is given notice of the decision under section 74F (5) ;\n- (b) the day stated in the notice of the decision under section 74F (5) .\n- (a) the disciplinary action relates to any matter other than a matter mentioned in section 74B (1) (j) or 74C (1) (e) ; and\n- (b) the person applies to the commission to have the decision reviewed under section 86A .\n- (a) the person applied to the tribunal for a review of the decision under section 87 ; and\n- (b) the tribunal orders a stay of the decision.","sortOrder":399},{"sectionNumber":"sec.74H","sectionType":"section","heading":"Filing of certificate as judgment debt","content":"### sec.74H Filing of certificate as judgment debt\n\nThis section applies if—\nthe commission decides to take disciplinary action, against a person, of a type mentioned in section 74D (a) , (b) or (c) ; and\nthe disciplinary action takes effect under section 74G .\nThe commission may prepare a certificate stating the following matters—\nthe name of the person entitled to the payment of an amount (the claimant );\nthe name of the person who is liable to pay the amount (the respondent );\nthe amount;\nthe date on which payment of the amount was required to be paid to the claimant.\nThe certificate may be filed by the commission as a judgment for a debt for the claimant, and the judgment may be enforced by the claimant, in a court of competent jurisdiction.\nThe certificate can not be filed under this section unless it is accompanied by an affidavit by the commission stating that the whole or a part of the amount has not been paid at the time the certificate is filed.\nIf the affidavit states that part of the amount has been paid, the judgment is for the unpaid part of the amount only.\nIf the respondent commences proceedings to have the judgment set aside, the respondent—\nis not, in those proceedings, entitled—\nto bring any counterclaim against the commission or claimant; or\nto challenge the commission’s decision to take disciplinary action against the respondent; and\nis required to pay into the court as security the unpaid portion of the amount pending the final decision in those proceedings.\ns 74H ins 2014 No. 57 s 38\n(sec.74H-ssec.1) This section applies if— the commission decides to take disciplinary action, against a person, of a type mentioned in section 74D (a) , (b) or (c) ; and the disciplinary action takes effect under section 74G .\n(sec.74H-ssec.2) The commission may prepare a certificate stating the following matters— the name of the person entitled to the payment of an amount (the claimant ); the name of the person who is liable to pay the amount (the respondent ); the amount; the date on which payment of the amount was required to be paid to the claimant.\n(sec.74H-ssec.3) The certificate may be filed by the commission as a judgment for a debt for the claimant, and the judgment may be enforced by the claimant, in a court of competent jurisdiction.\n(sec.74H-ssec.4) The certificate can not be filed under this section unless it is accompanied by an affidavit by the commission stating that the whole or a part of the amount has not been paid at the time the certificate is filed.\n(sec.74H-ssec.5) If the affidavit states that part of the amount has been paid, the judgment is for the unpaid part of the amount only.\n(sec.74H-ssec.6) If the respondent commences proceedings to have the judgment set aside, the respondent— is not, in those proceedings, entitled— to bring any counterclaim against the commission or claimant; or to challenge the commission’s decision to take disciplinary action against the respondent; and is required to pay into the court as security the unpaid portion of the amount pending the final decision in those proceedings.\n- (a) the commission decides to take disciplinary action, against a person, of a type mentioned in section 74D (a) , (b) or (c) ; and\n- (b) the disciplinary action takes effect under section 74G .\n- (a) the name of the person entitled to the payment of an amount (the claimant );\n- (b) the name of the person who is liable to pay the amount (the respondent );\n- (c) the amount;\n- (d) the date on which payment of the amount was required to be paid to the claimant.\n- (a) is not, in those proceedings, entitled— (i) to bring any counterclaim against the commission or claimant; or (ii) to challenge the commission’s decision to take disciplinary action against the respondent; and\n- (i) to bring any counterclaim against the commission or claimant; or\n- (ii) to challenge the commission’s decision to take disciplinary action against the respondent; and\n- (b) is required to pay into the court as security the unpaid portion of the amount pending the final decision in those proceedings.\n- (i) to bring any counterclaim against the commission or claimant; or\n- (ii) to challenge the commission’s decision to take disciplinary action against the respondent; and","sortOrder":400},{"sectionNumber":"pt.7","sectionType":"part","heading":"Jurisdiction of tribunal","content":"# Jurisdiction of tribunal","sortOrder":401},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Meaning of central terms","content":"## Meaning of central terms","sortOrder":402},{"sectionNumber":"sec.75","sectionType":"section","heading":"Tribunal work defined","content":"### sec.75 Tribunal work defined\n\nThe following is tribunal work —\nthe erection or construction of a building;\nthe renovation, alteration, extension, improvement or repair of a building;\nthe provision of electrical work, water supply, sewerage or drainage or other like services for a building;\nthe demolition, removal or relocation of a building;\nany site work (including the construction of retaining structures, driveways, landscaping and the construction of a swimming pool) related to tribunal work of a kind mentioned in paragraphs (a) to (d) ;\nthe preparation of plans, specifications or bills of quantity for the carrying out of tribunal work;\nfire protection work;\nmechanical services work;\nthe inspection of a completed building;\nsubject to subsection (3) , work prescribed under a regulation.\nTo remove doubt, it is declared that reviewable domestic work is tribunal work.\nA person carries out tribunal work whether the person carries it out personally, or directly or indirectly causes it to be carried out.\nA person is taken to carry out tribunal work if the person provides advisory services, administration services, management services or supervisory services relating to the tribunal work.\nA person undertakes to carry out tribunal work if the person enters into a contract to carry it out or submits a tender or makes an offer to carry it out.\ns 75 prev s 75 om 2000 No. 10 s 183 sch 1\npres s 75 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 52 ; 2018 No. 17 s 193\n(sec.75-ssec.1) The following is tribunal work — the erection or construction of a building; the renovation, alteration, extension, improvement or repair of a building; the provision of electrical work, water supply, sewerage or drainage or other like services for a building; the demolition, removal or relocation of a building; any site work (including the construction of retaining structures, driveways, landscaping and the construction of a swimming pool) related to tribunal work of a kind mentioned in paragraphs (a) to (d) ; the preparation of plans, specifications or bills of quantity for the carrying out of tribunal work; fire protection work; mechanical services work; the inspection of a completed building; subject to subsection (3) , work prescribed under a regulation.\n(sec.75-ssec.2) To remove doubt, it is declared that reviewable domestic work is tribunal work.\n(sec.75-ssec.3) A person carries out tribunal work whether the person carries it out personally, or directly or indirectly causes it to be carried out.\n(sec.75-ssec.4) A person is taken to carry out tribunal work if the person provides advisory services, administration services, management services or supervisory services relating to the tribunal work.\n(sec.75-ssec.5) A person undertakes to carry out tribunal work if the person enters into a contract to carry it out or submits a tender or makes an offer to carry it out.\n- (a) the erection or construction of a building;\n- (b) the renovation, alteration, extension, improvement or repair of a building;\n- (c) the provision of electrical work, water supply, sewerage or drainage or other like services for a building;\n- (d) the demolition, removal or relocation of a building;\n- (e) any site work (including the construction of retaining structures, driveways, landscaping and the construction of a swimming pool) related to tribunal work of a kind mentioned in paragraphs (a) to (d) ;\n- (f) the preparation of plans, specifications or bills of quantity for the carrying out of tribunal work;\n- (fa) fire protection work;\n- (fb) mechanical services work;\n- (g) the inspection of a completed building;\n- (h) subject to subsection (3) , work prescribed under a regulation.","sortOrder":403},{"sectionNumber":"sec.76","sectionType":"section","heading":"What is not tribunal work","content":"### sec.76 What is not tribunal work\n\nThe following is not tribunal work —\nthe construction, extension, repair or replacement of a water reticulation system, sewerage system or storm water drain, outside the boundaries of private property;\nthe building or maintenance of a road as defined under the Land Act 1994 ;\nthe construction, maintenance or repair of a bridge, other than a bridge on private property;\nthe construction, maintenance or repair of railway tracks, signals or associated structures, unless the structures are buildings for residential purposes, or are storage or service facilities;\nthe construction, maintenance or repair of airport runways, taxiways and aprons;\nthe construction, maintenance or repair of ports or ports infrastructure, unless the structures are buildings for residential purposes, or are storage or service facilities;\nthe construction, maintenance or repair of a dam;\nthe construction, maintenance or repair of communications installations performed for a public company or public body engaged in radio or television broadcasting or in some other form of communications business or undertaking;\nthe installation of manufacturing equipment or equipment for hoisting, conveying or transporting materials or products (including primary produce), other than the installation of fixed structures providing shelter for the equipment;\nconstruction work in mining;\nwork consisting of monumental masonry, sculpture, or the erection or construction of statues, fountains or other works of art, other than work affecting the way in which a building is constructed;\ntribunal work carried out by the State for the State or for an entity representing the State;\ntribunal work carried out by a local government for a local government, the State or an entity representing a local government or the State;\ntribunal work carried out outside Queensland.\nFor subsection (1) (l) , tribunal work is not carried out by the State if the work is carried out for the State by an independent contractor.\nFor subsection (1) (m) , tribunal work is not carried out by a local government if the work is carried out for the local government by an independent contractor.\ns 76 prev s 76 amd 1996 No. 37 s 147 sch 2\nom 2000 No. 10 s 183 sch 1\npres s 76 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 53\n(sec.76-ssec.1) The following is not tribunal work — the construction, extension, repair or replacement of a water reticulation system, sewerage system or storm water drain, outside the boundaries of private property; the building or maintenance of a road as defined under the Land Act 1994 ; the construction, maintenance or repair of a bridge, other than a bridge on private property; the construction, maintenance or repair of railway tracks, signals or associated structures, unless the structures are buildings for residential purposes, or are storage or service facilities; the construction, maintenance or repair of airport runways, taxiways and aprons; the construction, maintenance or repair of ports or ports infrastructure, unless the structures are buildings for residential purposes, or are storage or service facilities; the construction, maintenance or repair of a dam; the construction, maintenance or repair of communications installations performed for a public company or public body engaged in radio or television broadcasting or in some other form of communications business or undertaking; the installation of manufacturing equipment or equipment for hoisting, conveying or transporting materials or products (including primary produce), other than the installation of fixed structures providing shelter for the equipment; construction work in mining; work consisting of monumental masonry, sculpture, or the erection or construction of statues, fountains or other works of art, other than work affecting the way in which a building is constructed; tribunal work carried out by the State for the State or for an entity representing the State; tribunal work carried out by a local government for a local government, the State or an entity representing a local government or the State; tribunal work carried out outside Queensland.\n(sec.76-ssec.2) For subsection (1) (l) , tribunal work is not carried out by the State if the work is carried out for the State by an independent contractor.\n(sec.76-ssec.3) For subsection (1) (m) , tribunal work is not carried out by a local government if the work is carried out for the local government by an independent contractor.\n- (a) the construction, extension, repair or replacement of a water reticulation system, sewerage system or storm water drain, outside the boundaries of private property;\n- (b) the building or maintenance of a road as defined under the Land Act 1994 ;\n- (c) the construction, maintenance or repair of a bridge, other than a bridge on private property;\n- (d) the construction, maintenance or repair of railway tracks, signals or associated structures, unless the structures are buildings for residential purposes, or are storage or service facilities;\n- (e) the construction, maintenance or repair of airport runways, taxiways and aprons;\n- (f) the construction, maintenance or repair of ports or ports infrastructure, unless the structures are buildings for residential purposes, or are storage or service facilities;\n- (g) the construction, maintenance or repair of a dam;\n- (h) the construction, maintenance or repair of communications installations performed for a public company or public body engaged in radio or television broadcasting or in some other form of communications business or undertaking;\n- (i) the installation of manufacturing equipment or equipment for hoisting, conveying or transporting materials or products (including primary produce), other than the installation of fixed structures providing shelter for the equipment;\n- (j) construction work in mining;\n- (k) work consisting of monumental masonry, sculpture, or the erection or construction of statues, fountains or other works of art, other than work affecting the way in which a building is constructed;\n- (l) tribunal work carried out by the State for the State or for an entity representing the State;\n- (m) tribunal work carried out by a local government for a local government, the State or an entity representing a local government or the State;\n- (n) tribunal work carried out outside Queensland.","sortOrder":404},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Building disputes","content":"## Building disputes","sortOrder":405},{"sectionNumber":"sec.77","sectionType":"section","heading":"Tribunal may decide building dispute","content":"### sec.77 Tribunal may decide building dispute\n\nA person involved in a building dispute may apply, as provided under the QCAT Act , to the tribunal to have the tribunal decide the dispute.\nHowever, the person may not apply to the tribunal unless the person has complied with a process established by the commission to attempt to resolve the dispute.\nWithout limiting the tribunal’s powers to resolve the dispute, the tribunal may exercise 1 or more of the following powers—\norder the payment of an amount found to be owing by 1 party to another;\norder relief from payment of an amount claimed by 1 party from another;\naward damages, and interest on the damages at the rate, and calculated in the way, prescribed under a regulation;\norder restitution;\ndeclare any misleading, deceptive or otherwise unjust contractual term to be of no effect, or otherwise vary a contract to avoid injustice;\navoid a policy of insurance under the statutory insurance scheme;\norder rectification or completion of defective or incomplete tribunal work;\naward costs.\ns 77 prev s 77 om 2000 No. 10 s 183 sch 1\npres s 77 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 54 ; 2009 No. 24 s 1684 ; 2014 No. 57 s 39\n(sec.77-ssec.1) A person involved in a building dispute may apply, as provided under the QCAT Act , to the tribunal to have the tribunal decide the dispute.\n(sec.77-ssec.2) However, the person may not apply to the tribunal unless the person has complied with a process established by the commission to attempt to resolve the dispute.\n(sec.77-ssec.3) Without limiting the tribunal’s powers to resolve the dispute, the tribunal may exercise 1 or more of the following powers— order the payment of an amount found to be owing by 1 party to another; order relief from payment of an amount claimed by 1 party from another; award damages, and interest on the damages at the rate, and calculated in the way, prescribed under a regulation; order restitution; declare any misleading, deceptive or otherwise unjust contractual term to be of no effect, or otherwise vary a contract to avoid injustice; avoid a policy of insurance under the statutory insurance scheme; order rectification or completion of defective or incomplete tribunal work; award costs.\n- (a) order the payment of an amount found to be owing by 1 party to another;\n- (b) order relief from payment of an amount claimed by 1 party from another;\n- (c) award damages, and interest on the damages at the rate, and calculated in the way, prescribed under a regulation;\n- (d) order restitution;\n- (e) declare any misleading, deceptive or otherwise unjust contractual term to be of no effect, or otherwise vary a contract to avoid injustice;\n- (f) avoid a policy of insurance under the statutory insurance scheme;\n- (g) order rectification or completion of defective or incomplete tribunal work;\n- (h) award costs.","sortOrder":406},{"sectionNumber":"sec.78","sectionType":"section","heading":"When major commercial building dispute may be heard by tribunal","content":"### sec.78 When major commercial building dispute may be heard by tribunal\n\nA major commercial building dispute may be decided by the tribunal only if the tribunal is satisfied all parties to the dispute consent to it doing so.\ns 78 prev s 78 amd 1996 No. 37 s 147 sch 2\nom 2000 No. 10 s 183 sch 1\npres s 78 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 55","sortOrder":407},{"sectionNumber":"sec.79","sectionType":"section","heading":"Procedure to decide whether all parties consent","content":"### sec.79 Procedure to decide whether all parties consent\n\nAn application to start a proceeding for a major commercial building dispute must be accompanied by the written consent of all parties to the dispute.\nThe written consent must include an acknowledgement by the consenting party that the consent can not be withdrawn.\nThe tribunal may, before another step is taken in the proceeding, conduct a pre-hearing conference to decide whether there is another person who should be joined as a party to the dispute.\nIf the tribunal decides that there is another person who should be joined as a party to the dispute, the tribunal—\nmust give the consenting parties an opportunity to obtain the written consent of the other person; and\nmay hear the dispute only if the other person consents.\nIf the consenting parties obtain the consent of the other person, the tribunal must join the other person as a party to the dispute.\nThe consent of all parties to the dispute must be obtained before another step is taken in the proceeding.\ns 79 prev s 79 om 2000 No. 10 s 183 sch 1\npres s 79 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 56\n(sec.79-ssec.1) An application to start a proceeding for a major commercial building dispute must be accompanied by the written consent of all parties to the dispute.\n(sec.79-ssec.2) The written consent must include an acknowledgement by the consenting party that the consent can not be withdrawn.\n(sec.79-ssec.3) The tribunal may, before another step is taken in the proceeding, conduct a pre-hearing conference to decide whether there is another person who should be joined as a party to the dispute.\n(sec.79-ssec.4) If the tribunal decides that there is another person who should be joined as a party to the dispute, the tribunal— must give the consenting parties an opportunity to obtain the written consent of the other person; and may hear the dispute only if the other person consents.\n(sec.79-ssec.5) If the consenting parties obtain the consent of the other person, the tribunal must join the other person as a party to the dispute.\n(sec.79-ssec.6) The consent of all parties to the dispute must be obtained before another step is taken in the proceeding.\n- (a) must give the consenting parties an opportunity to obtain the written consent of the other person; and\n- (b) may hear the dispute only if the other person consents.","sortOrder":408},{"sectionNumber":"sec.80","sectionType":"section","heading":"Procedure if another party discovered","content":"### sec.80 Procedure if another party discovered\n\nThis section applies if the tribunal becomes aware that there is another person who should be joined as a party to a major commercial building dispute (other than at a pre-hearing conference under section 79 ).\nThe tribunal does not have jurisdiction to decide the dispute.\nThe tribunal must order that the proceeding be removed to a court under section 94 .\ns 80 prev s 80 om 2000 No. 10 s 183 sch 1\npres s 80 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 57\n(sec.80-ssec.1) This section applies if the tribunal becomes aware that there is another person who should be joined as a party to a major commercial building dispute (other than at a pre-hearing conference under section 79 ).\n(sec.80-ssec.2) The tribunal does not have jurisdiction to decide the dispute.\n(sec.80-ssec.3) The tribunal must order that the proceeding be removed to a court under section 94 .","sortOrder":409},{"sectionNumber":"sec.81","sectionType":"section","heading":"Consent may not be withdrawn","content":"### sec.81 Consent may not be withdrawn\n\nA party that gives written consent to have a major commercial building dispute heard and decided by the tribunal can not withdraw the consent.\ns 81 prev s 81 om 2000 No. 10 s 183 sch 1\npres s 81 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 58","sortOrder":410},{"sectionNumber":"sec.82","sectionType":"section","heading":"Tribunal may make interim order","content":"### sec.82 Tribunal may make interim order\n\nBefore finally deciding a building dispute, the tribunal may make 1 or more of the interim orders mentioned in subsections (2) to (4) .\nThe tribunal may make an order requiring a building contractor to rectify or complete defined tribunal work, or tribunal work to be defined by a process identified in the order, that is the subject of the dispute.\nThe tribunal may make an order requiring a building owner, in relation to the amount claimed to be owing from the building owner to a building contractor, to do 1 or more of the following—\npay an amount decided by the tribunal into the tribunal’s trust account to be held until the tribunal is satisfied that the building contractor has completed the tribunal work;\nprovide security of a type and for an amount decided by the tribunal until the tribunal is satisfied that the building contractor has completed the tribunal work;\npay an amount decided by the tribunal to the building contractor.\nThe tribunal may make an order requiring a person, in relation to the amount claimed to be owing from the person to a subcontractor, to do 1 or more of the following—\npay an amount decided by the tribunal into the tribunal’s trust account to be held until the tribunal is satisfied that the subcontractor has completed the tribunal work;\nprovide security of a type and for an amount decided by the tribunal until the tribunal is satisfied that the subcontractor has completed the tribunal work;\npay an amount decided by the tribunal to the subcontractor.\nOn being satisfied the tribunal work has been completed the tribunal must order—\nthe amount paid into the tribunal’s trust account under subsection (3) (a) or (4) (a) be paid to the building contractor or subcontractor; or\nthe application of the security in satisfaction of the amount decided by the tribunal under subsection (3) (b) or (4) (b) in favour of the building contractor or subcontractor.\nHowever for subsection (5) (b) , the tribunal may order that the security be discharged if an amount equal to the amount of the security is paid to the building contractor or subcontractor.\ns 82 prev s 82 om 2000 No. 10 s 183 sch 1\npres s 82 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 59\n(sec.82-ssec.1) Before finally deciding a building dispute, the tribunal may make 1 or more of the interim orders mentioned in subsections (2) to (4) .\n(sec.82-ssec.2) The tribunal may make an order requiring a building contractor to rectify or complete defined tribunal work, or tribunal work to be defined by a process identified in the order, that is the subject of the dispute.\n(sec.82-ssec.3) The tribunal may make an order requiring a building owner, in relation to the amount claimed to be owing from the building owner to a building contractor, to do 1 or more of the following— pay an amount decided by the tribunal into the tribunal’s trust account to be held until the tribunal is satisfied that the building contractor has completed the tribunal work; provide security of a type and for an amount decided by the tribunal until the tribunal is satisfied that the building contractor has completed the tribunal work; pay an amount decided by the tribunal to the building contractor.\n(sec.82-ssec.4) The tribunal may make an order requiring a person, in relation to the amount claimed to be owing from the person to a subcontractor, to do 1 or more of the following— pay an amount decided by the tribunal into the tribunal’s trust account to be held until the tribunal is satisfied that the subcontractor has completed the tribunal work; provide security of a type and for an amount decided by the tribunal until the tribunal is satisfied that the subcontractor has completed the tribunal work; pay an amount decided by the tribunal to the subcontractor.\n(sec.82-ssec.5) On being satisfied the tribunal work has been completed the tribunal must order— the amount paid into the tribunal’s trust account under subsection (3) (a) or (4) (a) be paid to the building contractor or subcontractor; or the application of the security in satisfaction of the amount decided by the tribunal under subsection (3) (b) or (4) (b) in favour of the building contractor or subcontractor.\n(sec.82-ssec.6) However for subsection (5) (b) , the tribunal may order that the security be discharged if an amount equal to the amount of the security is paid to the building contractor or subcontractor.\n- (a) pay an amount decided by the tribunal into the tribunal’s trust account to be held until the tribunal is satisfied that the building contractor has completed the tribunal work;\n- (b) provide security of a type and for an amount decided by the tribunal until the tribunal is satisfied that the building contractor has completed the tribunal work;\n- (c) pay an amount decided by the tribunal to the building contractor.\n- (a) pay an amount decided by the tribunal into the tribunal’s trust account to be held until the tribunal is satisfied that the subcontractor has completed the tribunal work;\n- (b) provide security of a type and for an amount decided by the tribunal until the tribunal is satisfied that the subcontractor has completed the tribunal work;\n- (c) pay an amount decided by the tribunal to the subcontractor.\n- (a) the amount paid into the tribunal’s trust account under subsection (3) (a) or (4) (a) be paid to the building contractor or subcontractor; or\n- (b) the application of the security in satisfaction of the amount decided by the tribunal under subsection (3) (b) or (4) (b) in favour of the building contractor or subcontractor.","sortOrder":411},{"sectionNumber":"sec.83","sectionType":"section","heading":"Proceeding in tribunal does not affect action by commission","content":"### sec.83 Proceeding in tribunal does not affect action by commission\n\nIf a proceeding about a building dispute is started in, or removed from, a court to the tribunal, the commission is not prevented from acting in relation to the dispute.\nWithout limiting subsection (1) , the commission may—\ndecide whether or not to give a direction to rectify or remedy; or\ndecide to allow or disallow a claim under the statutory insurance scheme.\ns 83 prev s 83 om 2000 No. 10 s 183 sch 1\npres s 83 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 60 ; 2013 No. 38 s 14 sch 1 ; 2013 No. 58 s 28\nsub 2014 No. 57 s 40\n(sec.83-ssec.1) If a proceeding about a building dispute is started in, or removed from, a court to the tribunal, the commission is not prevented from acting in relation to the dispute.\n(sec.83-ssec.2) Without limiting subsection (1) , the commission may— decide whether or not to give a direction to rectify or remedy; or decide to allow or disallow a claim under the statutory insurance scheme.\n- (a) decide whether or not to give a direction to rectify or remedy; or\n- (b) decide to allow or disallow a claim under the statutory insurance scheme.","sortOrder":412},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 orig s 84 om 2000 No. 10 s 183 sch 1\nprev s 84 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 61 ; 2009 No. 24 s 1685 ; 2013 No. 38 s 14 sch 1 ; 2013 No. 58 s 29\nom 2014 No. 57 s 41","sortOrder":413},{"sectionNumber":"sec.85","sectionType":"section","heading":"Tribunal may hear dispute while contract still in operation","content":"### sec.85 Tribunal may hear dispute while contract still in operation\n\nThe tribunal may make an order to resolve a building dispute even though the contract under which the dispute arose has not been terminated or finalised.\ns 85 prev s 85 om 2000 No. 10 s 183 sch 1\npres s 85 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 62","sortOrder":414},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Proceedings for review","content":"## Proceedings for review","sortOrder":415},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Definitions for sdiv 1","content":"### sec.85A Definitions for sdiv 1\n\nIn this subdivision—\ninternal review application means an application for review under this subdivision.\ninternal review decision see section 86C (1) .\ninternal reviewer , for an internal review application, means—\nif the application is for a decision of the commissioner under the Plumbing and Drainage Act 2018 , section 51 —the Service Trades Council; or\nif the application is for a reviewable decision not mentioned in paragraph (a) —the commission.\ns 85A def internal reviewer ins 2016 No. 11 s 16\namd 2018 No. 17 s 197 sch 2\nreviewable decision see section 86 .\ns 85A ins 2014 No. 56 s 62\n- (a) if the application is for a decision of the commissioner under the Plumbing and Drainage Act 2018 , section 51 —the Service Trades Council; or\n- (b) if the application is for a reviewable decision not mentioned in paragraph (a) —the commission.","sortOrder":416},{"sectionNumber":"sec.86","sectionType":"section","heading":"Reviewable decisions","content":"### sec.86 Reviewable decisions\n\nEach of the following decisions of the commission under this Act is a reviewable decision —\na decision to refuse an application for a licence or a permit;\na decision to refuse an application for renewal of a licence;\na decision to impose or vary a condition of a licence;\na decision to suspend or cancel a licence or permit;\na decision that there are reasonable grounds for concern that a licensee does not satisfy the minimum financial requirements;\na decision to give a direction to rectify or remedy or not to give the direction;\na decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard;\na decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work;\na decision to disallow a claim under the statutory insurance scheme wholly or in part;\na decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme;\na decision of the commission to take disciplinary action against a person under section 74F ;\na decision under section 50CB to give a person an exclusion notice;\na decision under section 56AF or 56AG that—\na person is an excluded individual or excluded company; or\nan individual is still a director or secretary of, or an influential person for, a company;\nif the commission gives an individual a notice under section 56AK (3) —\nthe commission’s decision that the individual is an excluded individual for a relevant event; or\nthe commission’s decision under section 56AK (2) to publish the individual’s relevant details;\na decision under section 66 or 67 that a person is a convicted company officer;\na decision under section 67AA that a company that is a licensee has an individual who is a convicted company officer as a director or secretary of, or an influential person or nominee for, the company;\na decision under section 67AH , 67AI , 67AL or 67AM that an individual is a banned individual for a stated term;\na decision under section 67AN that a company that is a licensee has an individual who is a banned individual as a director or secretary of, or an influential person or nominee for, the company;\na decision under section 67AZF , 67AZJ or 67AZK that an individual is a disqualified individual for a stated term;\na decision under section 67AZL that a company that is a licensee has an individual who is a disqualified individual as a director or secretary of, or an influential person or nominee for, the company;\na decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ;\na decision to give a direction under section 74AN ;\na decision not to accept a building product undertaking under part 6AA , division 3 ;\na decision not to agree to a withdrawal or variation of a building product undertaking under section 74AT .\nAlso, a decision of the commission or commissioner under any of the following provisions is a reviewable decision —\nthe Building Act 1975 , section 157 , 169 , 177 , 204 , 214K , 245O , 245Q , 246BJ , 246BP , 246BT , 246BZ or 246CY ;\nthe Building Industry Fairness (Security of Payment) Act 2017 , section 54E ;\nthe Plumbing and Drainage Act 2018 , section 19 , 29 , 32 , 34 , 38 or 51 ;\nsection 106J (4) (a) , 106K or 108AI .\nFurther, a decision of the commissioner relating to the accumulation of demerit points by a pool safety inspector under the Building Act 1975 is a reviewable decision .\nIn addition, each of the following decisions of an investigator is a reviewable decision —\na decision to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ;\na decision to require information or attendance before the investigator under section 105T ;\na decision to give a direction under section 106P or 106Q .\ns 86 prev s 86 om 2000 No. 10 s 183 sch 1\npres s 86 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 63 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 56 s 63 ; 2014 No. 57 s 42 ; 2017 No. 29 s 15 ; 2018 No. 17 s 193A ; 2017 No. 43 s 286 ; 2018 No. 17 s 197 sch 2 ; 2020 No. 24 ss 122 , 133 , 146 ; 2022 No. 11 s 64\n(sec.86-ssec.1) Each of the following decisions of the commission under this Act is a reviewable decision — a decision to refuse an application for a licence or a permit; a decision to refuse an application for renewal of a licence; a decision to impose or vary a condition of a licence; a decision to suspend or cancel a licence or permit; a decision that there are reasonable grounds for concern that a licensee does not satisfy the minimum financial requirements; a decision to give a direction to rectify or remedy or not to give the direction; a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard; a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work; a decision to disallow a claim under the statutory insurance scheme wholly or in part; a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; a decision of the commission to take disciplinary action against a person under section 74F ; a decision under section 50CB to give a person an exclusion notice; a decision under section 56AF or 56AG that— a person is an excluded individual or excluded company; or an individual is still a director or secretary of, or an influential person for, a company; if the commission gives an individual a notice under section 56AK (3) — the commission’s decision that the individual is an excluded individual for a relevant event; or the commission’s decision under section 56AK (2) to publish the individual’s relevant details; a decision under section 66 or 67 that a person is a convicted company officer; a decision under section 67AA that a company that is a licensee has an individual who is a convicted company officer as a director or secretary of, or an influential person or nominee for, the company; a decision under section 67AH , 67AI , 67AL or 67AM that an individual is a banned individual for a stated term; a decision under section 67AN that a company that is a licensee has an individual who is a banned individual as a director or secretary of, or an influential person or nominee for, the company; a decision under section 67AZF , 67AZJ or 67AZK that an individual is a disqualified individual for a stated term; a decision under section 67AZL that a company that is a licensee has an individual who is a disqualified individual as a director or secretary of, or an influential person or nominee for, the company; a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ; a decision to give a direction under section 74AN ; a decision not to accept a building product undertaking under part 6AA , division 3 ; a decision not to agree to a withdrawal or variation of a building product undertaking under section 74AT .\n(sec.86-ssec.2) Also, a decision of the commission or commissioner under any of the following provisions is a reviewable decision — the Building Act 1975 , section 157 , 169 , 177 , 204 , 214K , 245O , 245Q , 246BJ , 246BP , 246BT , 246BZ or 246CY ; the Building Industry Fairness (Security of Payment) Act 2017 , section 54E ; the Plumbing and Drainage Act 2018 , section 19 , 29 , 32 , 34 , 38 or 51 ; section 106J (4) (a) , 106K or 108AI .\n(sec.86-ssec.3) Further, a decision of the commissioner relating to the accumulation of demerit points by a pool safety inspector under the Building Act 1975 is a reviewable decision .\n(sec.86-ssec.4) In addition, each of the following decisions of an investigator is a reviewable decision — a decision to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; a decision to require information or attendance before the investigator under section 105T ; a decision to give a direction under section 106P or 106Q .\n- (a) a decision to refuse an application for a licence or a permit;\n- (aa) a decision to refuse an application for renewal of a licence;\n- (b) a decision to impose or vary a condition of a licence;\n- (c) a decision to suspend or cancel a licence or permit;\n- (d) a decision that there are reasonable grounds for concern that a licensee does not satisfy the minimum financial requirements;\n- (e) a decision to give a direction to rectify or remedy or not to give the direction;\n- (f) a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard;\n- (g) a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work;\n- (h) a decision to disallow a claim under the statutory insurance scheme wholly or in part;\n- (i) a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme;\n- (j) a decision of the commission to take disciplinary action against a person under section 74F ;\n- (ja) a decision under section 50CB to give a person an exclusion notice;\n- (k) a decision under section 56AF or 56AG that— (i) a person is an excluded individual or excluded company; or (ii) an individual is still a director or secretary of, or an influential person for, a company;\n- (i) a person is an excluded individual or excluded company; or\n- (ii) an individual is still a director or secretary of, or an influential person for, a company;\n- (ka) if the commission gives an individual a notice under section 56AK (3) — (i) the commission’s decision that the individual is an excluded individual for a relevant event; or (ii) the commission’s decision under section 56AK (2) to publish the individual’s relevant details;\n- (i) the commission’s decision that the individual is an excluded individual for a relevant event; or\n- (ii) the commission’s decision under section 56AK (2) to publish the individual’s relevant details;\n- (l) a decision under section 66 or 67 that a person is a convicted company officer;\n- (m) a decision under section 67AA that a company that is a licensee has an individual who is a convicted company officer as a director or secretary of, or an influential person or nominee for, the company;\n- (n) a decision under section 67AH , 67AI , 67AL or 67AM that an individual is a banned individual for a stated term;\n- (o) a decision under section 67AN that a company that is a licensee has an individual who is a banned individual as a director or secretary of, or an influential person or nominee for, the company;\n- (p) a decision under section 67AZF , 67AZJ or 67AZK that an individual is a disqualified individual for a stated term;\n- (q) a decision under section 67AZL that a company that is a licensee has an individual who is a disqualified individual as a director or secretary of, or an influential person or nominee for, the company;\n- (r) a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ;\n- (s) a decision to give a direction under section 74AN ;\n- (t) a decision not to accept a building product undertaking under part 6AA , division 3 ;\n- (u) a decision not to agree to a withdrawal or variation of a building product undertaking under section 74AT .\n- (i) a person is an excluded individual or excluded company; or\n- (ii) an individual is still a director or secretary of, or an influential person for, a company;\n- (i) the commission’s decision that the individual is an excluded individual for a relevant event; or\n- (ii) the commission’s decision under section 56AK (2) to publish the individual’s relevant details;\n- (a) the Building Act 1975 , section 157 , 169 , 177 , 204 , 214K , 245O , 245Q , 246BJ , 246BP , 246BT , 246BZ or 246CY ;\n- (aa) the Building Industry Fairness (Security of Payment) Act 2017 , section 54E ;\n- (b) the Plumbing and Drainage Act 2018 , section 19 , 29 , 32 , 34 , 38 or 51 ;\n- (c) section 106J (4) (a) , 106K or 108AI .\n- (a) a decision to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ;\n- (b) a decision to require information or attendance before the investigator under section 105T ;\n- (c) a decision to give a direction under section 106P or 106Q .","sortOrder":417},{"sectionNumber":"sec.86A","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.86A Who may apply for internal review\n\nA person who is given, or is entitled to be given, notice of a reviewable decision may apply to the internal reviewer to have the decision reviewed.\nHowever, subsection (1) does not apply if the person has applied to the tribunal for a review of the reviewable decision under subdivision 2 .\nAlso, if—\nthe person applies for an internal review of the reviewable decision; and\nbefore the application is decided, the person applies to the tribunal for review of the reviewable decision under subdivision 2 ;\nthe application for internal review of the decision lapses.\ns 86A ins 2014 No. 56 s 64\namd 2016 No. 11 s 17\n(sec.86A-ssec.1) A person who is given, or is entitled to be given, notice of a reviewable decision may apply to the internal reviewer to have the decision reviewed.\n(sec.86A-ssec.2) However, subsection (1) does not apply if the person has applied to the tribunal for a review of the reviewable decision under subdivision 2 .\n(sec.86A-ssec.3) Also, if— the person applies for an internal review of the reviewable decision; and before the application is decided, the person applies to the tribunal for review of the reviewable decision under subdivision 2 ; the application for internal review of the decision lapses.\n- (a) the person applies for an internal review of the reviewable decision; and\n- (b) before the application is decided, the person applies to the tribunal for review of the reviewable decision under subdivision 2 ;","sortOrder":418},{"sectionNumber":"sec.86B","sectionType":"section","heading":"Requirements for making application","content":"### sec.86B Requirements for making application\n\nAn internal review application must—\nbe made using the approved form; and\nbe made within the following period—\n28 days after the applicant is given notice of the reviewable decision to which the application relates or otherwise becomes aware of the decision; or\na longer period allowed by the internal reviewer, whether before or after the end of the 28-day period mentioned in subparagraph (i) ; and\nbe lodged at an office of the commission.\ns 86B ins 2014 No. 56 s 64\namd 2016 No. 11 s 18 ; 2024 No. 14 s 71\n- (a) be made using the approved form; and\n- (b) be made within the following period— (i) 28 days after the applicant is given notice of the reviewable decision to which the application relates or otherwise becomes aware of the decision; or (ii) a longer period allowed by the internal reviewer, whether before or after the end of the 28-day period mentioned in subparagraph (i) ; and\n- (i) 28 days after the applicant is given notice of the reviewable decision to which the application relates or otherwise becomes aware of the decision; or\n- (ii) a longer period allowed by the internal reviewer, whether before or after the end of the 28-day period mentioned in subparagraph (i) ; and\n- (c) be lodged at an office of the commission.\n- (i) 28 days after the applicant is given notice of the reviewable decision to which the application relates or otherwise becomes aware of the decision; or\n- (ii) a longer period allowed by the internal reviewer, whether before or after the end of the 28-day period mentioned in subparagraph (i) ; and","sortOrder":419},{"sectionNumber":"sec.86C","sectionType":"section","heading":"Internal review decision","content":"### sec.86C Internal review decision\n\nIf an internal review application is made under section 86B , the internal reviewer must, as soon as practicable but within the required period, make a new decision (the internal review decision ) as if the reviewable decision the subject of the application had not been made.\nFor subsection (1) , the required period is—\n28 business days after the internal review application is made; or\na longer period agreed to by the applicant.\nHowever, if the internal reviewer does not decide the application within the required period, the internal reviewer is taken to have made an internal review decision at the end of the required period that is the same as the reviewable decision.\nIf the internal reviewer is the commission, the application must not be dealt with by—\nthe person who made the reviewable decision; or\na person in a less senior office than the person who made the reviewable decision.\nSubsection (4) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to a reviewable decision made by the commissioner personally.\ns 86C ins 2014 No. 56 s 64\namd 2016 No. 11 s 19 ; 2024 No. 14 s 72\n(sec.86C-ssec.1) If an internal review application is made under section 86B , the internal reviewer must, as soon as practicable but within the required period, make a new decision (the internal review decision ) as if the reviewable decision the subject of the application had not been made.\n(sec.86C-ssec.2) For subsection (1) , the required period is— 28 business days after the internal review application is made; or a longer period agreed to by the applicant.\n(sec.86C-ssec.3) However, if the internal reviewer does not decide the application within the required period, the internal reviewer is taken to have made an internal review decision at the end of the required period that is the same as the reviewable decision.\n(sec.86C-ssec.4) If the internal reviewer is the commission, the application must not be dealt with by— the person who made the reviewable decision; or a person in a less senior office than the person who made the reviewable decision.\n(sec.86C-ssec.5) Subsection (4) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to a reviewable decision made by the commissioner personally.\n- (a) 28 business days after the internal review application is made; or\n- (b) a longer period agreed to by the applicant.\n- (a) the person who made the reviewable decision; or\n- (b) a person in a less senior office than the person who made the reviewable decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to a reviewable decision made by the commissioner personally.","sortOrder":420},{"sectionNumber":"sec.86D","sectionType":"section","heading":"Notice of internal review decision","content":"### sec.86D Notice of internal review decision\n\nAs soon as practicable after an internal review decision is made, or is taken to have been made, under section 86C , the internal reviewer must give the applicant and any other person affected by the decision written notice (the review notice ) of the decision.\nThe review notice must state—\nthe decision; and\nthe reasons for the decision; and\nthat the person may, if dissatisfied with the internal review decision, within 28 days after the person is given the notice apply to the tribunal for external review of the decision under subdivision 2 ; and\nhow to apply for review of the decision.\ns 86D ins 2014 No. 56 s 64\namd 2016 No. 11 s 20\n(sec.86D-ssec.1) As soon as practicable after an internal review decision is made, or is taken to have been made, under section 86C , the internal reviewer must give the applicant and any other person affected by the decision written notice (the review notice ) of the decision.\n(sec.86D-ssec.2) The review notice must state— the decision; and the reasons for the decision; and that the person may, if dissatisfied with the internal review decision, within 28 days after the person is given the notice apply to the tribunal for external review of the decision under subdivision 2 ; and how to apply for review of the decision.\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) that the person may, if dissatisfied with the internal review decision, within 28 days after the person is given the notice apply to the tribunal for external review of the decision under subdivision 2 ; and\n- (d) how to apply for review of the decision.","sortOrder":421},{"sectionNumber":"sec.86E","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.86E Definition for sdiv 2\n\nIn this subdivision—\nreviewable decision means—\na reviewable decision within the meaning of subdivision 1 , other than a decision that was the subject of an internal review under subdivision 1 ; or\nan internal review decision within the meaning of subdivision 1 .\ns 86E ins 2014 No. 56 s 62\n- (a) a reviewable decision within the meaning of subdivision 1 , other than a decision that was the subject of an internal review under subdivision 1 ; or\n- (b) an internal review decision within the meaning of subdivision 1 .","sortOrder":422},{"sectionNumber":"sec.86F","sectionType":"section","heading":"Decisions that are not reviewable decisions","content":"### sec.86F Decisions that are not reviewable decisions\n\nThe following decisions of the commission under this Act are not reviewable decisions under this subdivision—\na decision to recover an amount under section 71 ;\na decision to give a person a direction to rectify or remedy, and any finding by the commission in arriving at the decision if—\n28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and\nthe commission has—\nstarted a disciplinary proceeding against the person under part 6A ; or\nserved a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or\nstarted a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;\na decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work if 28 days have elapsed since the decision was served on the building contractor and the contractor has not, within that time, applied to the tribunal for a review of the decision;\na decision to give information to a health or safety regulator under section 28A .\nAlso, a decision of the commissioner to issue an infringement notice for an offence against this Act, the Building Act 1975 or the Plumbing and Drainage Act 2018 is not a reviewable decision under this subdivision.\ns 86F ins 2014 No. 56 s 62\namd 2014 No. 57 s 43 ; 2017 No. 29 s 16 ; 2018 No. 17 s 197 sch 2\n(sec.86F-ssec.1) The following decisions of the commission under this Act are not reviewable decisions under this subdivision— a decision to recover an amount under section 71 ; a decision to give a person a direction to rectify or remedy, and any finding by the commission in arriving at the decision if— 28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and the commission has— started a disciplinary proceeding against the person under part 6A ; or served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction; a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work if 28 days have elapsed since the decision was served on the building contractor and the contractor has not, within that time, applied to the tribunal for a review of the decision; a decision to give information to a health or safety regulator under section 28A .\n(sec.86F-ssec.2) Also, a decision of the commissioner to issue an infringement notice for an offence against this Act, the Building Act 1975 or the Plumbing and Drainage Act 2018 is not a reviewable decision under this subdivision.\n- (a) a decision to recover an amount under section 71 ;\n- (b) a decision to give a person a direction to rectify or remedy, and any finding by the commission in arriving at the decision if— (i) 28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and (ii) the commission has— (A) started a disciplinary proceeding against the person under part 6A ; or (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;\n- (i) 28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and\n- (ii) the commission has— (A) started a disciplinary proceeding against the person under part 6A ; or (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;\n- (A) started a disciplinary proceeding against the person under part 6A ; or\n- (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or\n- (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;\n- (c) a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work if 28 days have elapsed since the decision was served on the building contractor and the contractor has not, within that time, applied to the tribunal for a review of the decision;\n- (d) a decision to give information to a health or safety regulator under section 28A .\n- (i) 28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and\n- (ii) the commission has— (A) started a disciplinary proceeding against the person under part 6A ; or (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;\n- (A) started a disciplinary proceeding against the person under part 6A ; or\n- (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or\n- (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;\n- (A) started a disciplinary proceeding against the person under part 6A ; or\n- (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or\n- (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;","sortOrder":423},{"sectionNumber":"sec.87","sectionType":"section","heading":"Application for review","content":"### sec.87 Application for review\n\nA person affected by a reviewable decision of the commission may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.\ns 87 prev s 87 om 2000 No. 10 s 183 sch 1\npres s 87 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 64 ; 2009 No. 24 s 1686 ; 2013 No. 38 s 14 sch 1","sortOrder":424},{"sectionNumber":"sec.87A","sectionType":"section","heading":"No stay by QCAT of particular decisions","content":"### sec.87A No stay by QCAT of particular decisions\n\nThis section applies if a person applies to the tribunal for a review under section 87 of any of the following decisions of the commission—\na decision to give a direction to rectify or remedy or not to give the direction;\na decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard;\na decision about the scope of works to be undertaken under the statutory insurance scheme to rectify building work that is defective or incomplete;\na decision to disallow a claim under the statutory insurance scheme wholly or in part;\na decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme;\na decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ;\na decision to direct a person to take remedial action under section 74AN .\nThis section also applies if a person applies to the tribunal for a review under section 87 of any of the following decisions—\na decision of the commissioner to issue a stop work notice under section 108AI ;\na decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ;\na decision of an investigator to give a direction under section 106P or 106Q .\nQCAT must not grant a stay of the decision.\ns 87A ins 2014 No. 57 s 44\namd 2017 No. 29 s 17 ; 2018 No. 17 s 193B\n(sec.87A-ssec.1) This section applies if a person applies to the tribunal for a review under section 87 of any of the following decisions of the commission— a decision to give a direction to rectify or remedy or not to give the direction; a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard; a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify building work that is defective or incomplete; a decision to disallow a claim under the statutory insurance scheme wholly or in part; a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ; a decision to direct a person to take remedial action under section 74AN .\n(sec.87A-ssec.1A) This section also applies if a person applies to the tribunal for a review under section 87 of any of the following decisions— a decision of the commissioner to issue a stop work notice under section 108AI ; a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; a decision of an investigator to give a direction under section 106P or 106Q .\n(sec.87A-ssec.2) QCAT must not grant a stay of the decision.\n- (a) a decision to give a direction to rectify or remedy or not to give the direction;\n- (b) a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard;\n- (c) a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify building work that is defective or incomplete;\n- (d) a decision to disallow a claim under the statutory insurance scheme wholly or in part;\n- (e) a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme;\n- (f) a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ;\n- (g) a decision to direct a person to take remedial action under section 74AN .\n- (a) a decision of the commissioner to issue a stop work notice under section 108AI ;\n- (b) a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ;\n- (c) a decision of an investigator to give a direction under section 106P or 106Q .","sortOrder":425},{"sectionNumber":"sec.87AA","sectionType":"section","heading":"Decision of tribunal on review of particular reviewable decisions","content":"### sec.87AA Decision of tribunal on review of particular reviewable decisions\n\nSubsection (2) applies if—\nan application is made to the tribunal for a review of a reviewable decision mentioned in section 86 (1) (n) ; and\nthe tribunal is, after reviewing the matters mentioned in section 67AH (1) (a) and (b) , 67AI (1) (a) and (b) , 67AL (1) (a) and (b) or 67AM (1) (a) and (b) , satisfied that an individual is a banned individual.\nThe tribunal may not vary the term of ban applying to the individual if it has been correctly calculated under section 67AO .\nSubsection (4) applies if—\nan application is made to the tribunal for a review of a reviewable decision mentioned in section 86 (1) (p) ; and\nthe tribunal is, after reviewing the matters mentioned in section 67AZF (1) , 67AZG (1) , 67AZJ (1) (a) and (b) or 67AZK (1) (a) and (b) , satisfied that an individual is a disqualified individual.\nThe tribunal may not vary the term of disqualification applying to the individual if it has been correctly calculated under section 67AZM .\ns 87AA ins 2014 No. 56 s 65\n(sec.87AA-ssec.1) Subsection (2) applies if— an application is made to the tribunal for a review of a reviewable decision mentioned in section 86 (1) (n) ; and the tribunal is, after reviewing the matters mentioned in section 67AH (1) (a) and (b) , 67AI (1) (a) and (b) , 67AL (1) (a) and (b) or 67AM (1) (a) and (b) , satisfied that an individual is a banned individual.\n(sec.87AA-ssec.2) The tribunal may not vary the term of ban applying to the individual if it has been correctly calculated under section 67AO .\n(sec.87AA-ssec.3) Subsection (4) applies if— an application is made to the tribunal for a review of a reviewable decision mentioned in section 86 (1) (p) ; and the tribunal is, after reviewing the matters mentioned in section 67AZF (1) , 67AZG (1) , 67AZJ (1) (a) and (b) or 67AZK (1) (a) and (b) , satisfied that an individual is a disqualified individual.\n(sec.87AA-ssec.4) The tribunal may not vary the term of disqualification applying to the individual if it has been correctly calculated under section 67AZM .\n- (a) an application is made to the tribunal for a review of a reviewable decision mentioned in section 86 (1) (n) ; and\n- (b) the tribunal is, after reviewing the matters mentioned in section 67AH (1) (a) and (b) , 67AI (1) (a) and (b) , 67AL (1) (a) and (b) or 67AM (1) (a) and (b) , satisfied that an individual is a banned individual.\n- (a) an application is made to the tribunal for a review of a reviewable decision mentioned in section 86 (1) (p) ; and\n- (b) the tribunal is, after reviewing the matters mentioned in section 67AZF (1) , 67AZG (1) , 67AZJ (1) (a) and (b) or 67AZK (1) (a) and (b) , satisfied that an individual is a disqualified individual.","sortOrder":426},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":427},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 orig s 88 om 2000 No. 10 s 183 sch 1\nprev s 88 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 65 ; 2009 No. 24 s 1687 ; 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 45","sortOrder":428},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 orig s 89 amd 1994 No. 20 s 26\nom 2000 No. 10 s 183 sch 1\nprev s 89 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 66 ; 2010 No. 54 s 67 sch ; 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 45","sortOrder":429},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 orig s 90 om 2000 No. 10 s 183 sch 1\nprev s 90 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 67 ; 2010 No. 54 s 67 sch ; 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 45","sortOrder":430},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 orig s 91 sub 1992 No. 68 s 3 sch 1\nom 2000 No. 10 s 183 sch 1\nprev s 91 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 68\nsub 2009 No. 24 s 1688\namd 2013 No. 38 s 14 sch 1\nom 2014 No. 57 s 45","sortOrder":431},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Public examinations","content":"## Public examinations","sortOrder":432},{"sectionNumber":"sec.92","sectionType":"section","heading":"Tribunal may conduct public examination","content":"### sec.92 Tribunal may conduct public examination\n\nThe tribunal may, on application by the commission, conduct a public examination—\nthat investigates the conduct or competence of a person who has carried out tribunal work or undertaken to carry out tribunal work; or\nthat investigates whether a person—\nsatisfies the minimum financial requirements for the licence held by the person; or\nhas the qualifications and experience required for the licence held by the person; or\nif the person is the nominee for a corporation that holds a licence—has the qualifications and experience required for the licence held by the corporation; or\nis a fit and proper person to hold a licence; or\nif the person exercises control over a corporation that holds a licence—is a fit and proper person to exercise control over the corporation; or\nhas breached a condition imposed on the person’s licence; or\nthat investigates whether a person has contravened—\na duty under part 6AA , division 2 ; or\na direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use.\ns 92 prev s 92 amd 1994 No. 20 s 27\nom 2000 No. 10 s 183 sch 1\npres s 92 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 69 ; 2013 No. 38 s 14 sch 1 ; 2017 No. 29 s 18 ; 2018 No. 17 s 193C ; 2017 No. 43 s 287\n- (a) that investigates the conduct or competence of a person who has carried out tribunal work or undertaken to carry out tribunal work; or\n- (b) that investigates whether a person— (i) satisfies the minimum financial requirements for the licence held by the person; or (ii) has the qualifications and experience required for the licence held by the person; or (iii) if the person is the nominee for a corporation that holds a licence—has the qualifications and experience required for the licence held by the corporation; or (iv) is a fit and proper person to hold a licence; or (v) if the person exercises control over a corporation that holds a licence—is a fit and proper person to exercise control over the corporation; or (vi) has breached a condition imposed on the person’s licence; or\n- (i) satisfies the minimum financial requirements for the licence held by the person; or\n- (ii) has the qualifications and experience required for the licence held by the person; or\n- (iii) if the person is the nominee for a corporation that holds a licence—has the qualifications and experience required for the licence held by the corporation; or\n- (iv) is a fit and proper person to hold a licence; or\n- (v) if the person exercises control over a corporation that holds a licence—is a fit and proper person to exercise control over the corporation; or\n- (vi) has breached a condition imposed on the person’s licence; or\n- (c) that investigates whether a person has contravened— (i) a duty under part 6AA , division 2 ; or (ii) a direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use.\n- (i) a duty under part 6AA , division 2 ; or\n- (ii) a direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use.\n- (i) satisfies the minimum financial requirements for the licence held by the person; or\n- (ii) has the qualifications and experience required for the licence held by the person; or\n- (iii) if the person is the nominee for a corporation that holds a licence—has the qualifications and experience required for the licence held by the corporation; or\n- (iv) is a fit and proper person to hold a licence; or\n- (v) if the person exercises control over a corporation that holds a licence—is a fit and proper person to exercise control over the corporation; or\n- (vi) has breached a condition imposed on the person’s licence; or\n- (i) a duty under part 6AA , division 2 ; or\n- (ii) a direction or requirement of an investigator under part 9 relating to a building product that is, or is suspected to be, a non-conforming building product for an intended use.","sortOrder":433},{"sectionNumber":"sec.92A","sectionType":"section","heading":"Procedure before public examination starts","content":"### sec.92A Procedure before public examination starts\n\nBefore the start of a public examination, the tribunal must be satisfied each person to be examined has received written grounds for the public examination.\nOn being satisfied under subsection (1) , the tribunal must—\ndecide a time and place for the public examination; and\nissue an attendance notice to each person to be examined.\nIf a person to be examined is a corporation, the tribunal must issue the attendance notice requiring the executive officer of the corporation to attend the tribunal for examination.\nThe attendance notice must state—\nthe time and place for the public examination decided by the tribunal; and\nthat the person may make oral and written submissions at the examination.\nThe commission must serve the attendance notice on the person to whom it was issued.\ns 92A ins 2009 No. 24 s 1689\namd 2013 No. 38 s 14 sch 1\n(sec.92A-ssec.1) Before the start of a public examination, the tribunal must be satisfied each person to be examined has received written grounds for the public examination.\n(sec.92A-ssec.2) On being satisfied under subsection (1) , the tribunal must— decide a time and place for the public examination; and issue an attendance notice to each person to be examined.\n(sec.92A-ssec.3) If a person to be examined is a corporation, the tribunal must issue the attendance notice requiring the executive officer of the corporation to attend the tribunal for examination.\n(sec.92A-ssec.4) The attendance notice must state— the time and place for the public examination decided by the tribunal; and that the person may make oral and written submissions at the examination.\n(sec.92A-ssec.5) The commission must serve the attendance notice on the person to whom it was issued.\n- (a) decide a time and place for the public examination; and\n- (b) issue an attendance notice to each person to be examined.\n- (a) the time and place for the public examination decided by the tribunal; and\n- (b) that the person may make oral and written submissions at the examination.","sortOrder":434},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Decisions about debts arising from statutory insurance scheme","content":"## Decisions about debts arising from statutory insurance scheme","sortOrder":435},{"sectionNumber":"sec.93","sectionType":"section","heading":"Decisions about debts arising from statutory insurance scheme","content":"### sec.93 Decisions about debts arising from statutory insurance scheme\n\nThe commission may recover a debt under section 71 by application to the tribunal under this section.\nThe tribunal may exercise 1 or more of the following powers—\norder the payment of an amount the tribunal has found to be owing to the commission;\norder the payment of interest on the amount mentioned in paragraph (a) ;\norder the payment of costs;\norder that amounts mentioned in paragraphs (a) , (b) and (c) be paid by instalments or another way directed by the tribunal.\ns 93 prev s 93 om 2000 No. 10 s 183 sch 1\npres s 93 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 70 ; 2013 No. 38 s 14 sch 1\n(sec.93-ssec.1) The commission may recover a debt under section 71 by application to the tribunal under this section.\n(sec.93-ssec.2) The tribunal may exercise 1 or more of the following powers— order the payment of an amount the tribunal has found to be owing to the commission; order the payment of interest on the amount mentioned in paragraph (a) ; order the payment of costs; order that amounts mentioned in paragraphs (a) , (b) and (c) be paid by instalments or another way directed by the tribunal.\n- (a) order the payment of an amount the tribunal has found to be owing to the commission;\n- (b) order the payment of interest on the amount mentioned in paragraph (a) ;\n- (c) order the payment of costs;\n- (d) order that amounts mentioned in paragraphs (a) , (b) and (c) be paid by instalments or another way directed by the tribunal.","sortOrder":436},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":"Tribunal proceedings","content":"## Tribunal proceedings","sortOrder":437},{"sectionNumber":"sec.93A","sectionType":"section","heading":"Representation of parties","content":"### sec.93A Representation of parties\n\nThis section applies to a party in a proceeding before the tribunal relating to a matter under this Act.\nThe party may be represented by a lawyer if—\nthe proceeding relates to an application under section 93 ; or\nthe proceeding is a public examination.\ns 93A ins 2009 No. 24 s 1690\n(sec.93A-ssec.1) This section applies to a party in a proceeding before the tribunal relating to a matter under this Act.\n(sec.93A-ssec.2) The party may be represented by a lawyer if— the proceeding relates to an application under section 93 ; or the proceeding is a public examination.\n- (a) the proceeding relates to an application under section 93 ; or\n- (b) the proceeding is a public examination.","sortOrder":438},{"sectionNumber":"sec.94","sectionType":"section","heading":"Transfer of proceedings between tribunal and the courts","content":"### sec.94 Transfer of proceedings between tribunal and the courts\n\nIf proceedings relating to a major commercial building dispute are brought in a court, the court may order that the proceeding be transferred to the tribunal only if all parties to the dispute apply for the order.\ns 94 prev s 94 om 2000 No. 10 s 183 sch 1\npres s 94 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 71\nsub 2009 No. 24 s 1690","sortOrder":439},{"sectionNumber":"sec.95","sectionType":"section","heading":"Expedited hearing of domestic building disputes or reviews","content":"### sec.95 Expedited hearing of domestic building disputes or reviews\n\nThe tribunal must decide a minor domestic building dispute at an expedited hearing if the dispute has been to mediation but has not been settled, unless the tribunal considers the dispute is too complex to be properly dealt with at an expedited hearing.\nThe dispute involves complex legal and contractual issues for which the tribunal is unaware of any authoritative precedent.\nSubject to subsection (3) , the tribunal may decide a domestic building dispute that is not a minor domestic building dispute at an expedited hearing only if—\nall parties to the proceeding apply, as provided under the QCAT Act , to the tribunal for the matter to be dealt with at an expedited hearing; and\nthe tribunal considers it appropriate for the dispute to be decided at an expedited hearing.\nThe tribunal may decide a domestic building dispute between a building owner and a building contractor at an expedited hearing if—\nthe building contractor applied to the tribunal to have the tribunal decide the dispute; and\nprior to the proceedings the building owner applied under section 71A for the commission to consider whether to direct the following rectification of building work—\nto complete incomplete domestic building work;\nto remedy defective domestic building work relating to a building that—\nadversely affects the structural performance of the building; or\nadversely affects the health or safety of a person occupying the building; or\nadversely affects the functional use of the building; or\nallows water penetration into the building; and\nthe tribunal considers the building owner may suffer undue hardship if the matter is not dealt with by expedited hearing; and\nhaving regard to the complexity of the dispute, the tribunal considers that it may properly be dealt with at an expedited hearing.\nThe tribunal may decide a review of a decision of the commission at an expedited hearing if—\na building contractor applied to the tribunal for the review; and\nthe review is of a decision of the commission—\nto direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or\nthat a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and\nprior to the review being commenced, the relevant building owner for the decision applied under section 71A for the commission to consider whether to direct the following rectification of building work—\nto complete incomplete domestic building work;\nto remedy defective domestic building work relating to a building that—\nadversely affects the structural performance of the building; or\nadversely affects the health or safety of a person occupying the building; or\nadversely affects the functional use of the building; or\nallows water penetration into the building; and\nthe tribunal considers the relevant building owner for the decision may suffer undue hardship if the matter is not dealt with by expedited hearing; and\nhaving regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing.\nThe tribunal may decide a review of a decision of the commission, the commissioner or an investigator at an expedited hearing if—\nthe review is of—\na decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or\na decision of the commissioner to issue a stop work notice under section 108AI ; or\na decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or\na decision of an investigator to give a direction under section 106P or 106Q ; and\nthe tribunal considers the applicant for review, or another person, may suffer undue hardship if the matter is not dealt with at an expedited hearing; and\nhaving regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing.\ns 95 prev s 95 om 2000 No. 10 s 183 sch 1\npres s 95 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 72 ; 2009 No. 24 s 1692 ; 2009 No. 48 s 178 ; 2013 No. 38 s 14 sch 1 ; 2017 No. 29 s 19 ; 2018 No. 17 s 193D\n(sec.95-ssec.1) The tribunal must decide a minor domestic building dispute at an expedited hearing if the dispute has been to mediation but has not been settled, unless the tribunal considers the dispute is too complex to be properly dealt with at an expedited hearing. The dispute involves complex legal and contractual issues for which the tribunal is unaware of any authoritative precedent.\n(sec.95-ssec.2) Subject to subsection (3) , the tribunal may decide a domestic building dispute that is not a minor domestic building dispute at an expedited hearing only if— all parties to the proceeding apply, as provided under the QCAT Act , to the tribunal for the matter to be dealt with at an expedited hearing; and the tribunal considers it appropriate for the dispute to be decided at an expedited hearing.\n(sec.95-ssec.3) The tribunal may decide a domestic building dispute between a building owner and a building contractor at an expedited hearing if— the building contractor applied to the tribunal to have the tribunal decide the dispute; and prior to the proceedings the building owner applied under section 71A for the commission to consider whether to direct the following rectification of building work— to complete incomplete domestic building work; to remedy defective domestic building work relating to a building that— adversely affects the structural performance of the building; or adversely affects the health or safety of a person occupying the building; or adversely affects the functional use of the building; or allows water penetration into the building; and the tribunal considers the building owner may suffer undue hardship if the matter is not dealt with by expedited hearing; and having regard to the complexity of the dispute, the tribunal considers that it may properly be dealt with at an expedited hearing.\n(sec.95-ssec.4) The tribunal may decide a review of a decision of the commission at an expedited hearing if— a building contractor applied to the tribunal for the review; and the review is of a decision of the commission— to direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and prior to the review being commenced, the relevant building owner for the decision applied under section 71A for the commission to consider whether to direct the following rectification of building work— to complete incomplete domestic building work; to remedy defective domestic building work relating to a building that— adversely affects the structural performance of the building; or adversely affects the health or safety of a person occupying the building; or adversely affects the functional use of the building; or allows water penetration into the building; and the tribunal considers the relevant building owner for the decision may suffer undue hardship if the matter is not dealt with by expedited hearing; and having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing.\n(sec.95-ssec.5) The tribunal may decide a review of a decision of the commission, the commissioner or an investigator at an expedited hearing if— the review is of— a decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or a decision of the commissioner to issue a stop work notice under section 108AI ; or a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or a decision of an investigator to give a direction under section 106P or 106Q ; and the tribunal considers the applicant for review, or another person, may suffer undue hardship if the matter is not dealt with at an expedited hearing; and having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing.\n- (a) all parties to the proceeding apply, as provided under the QCAT Act , to the tribunal for the matter to be dealt with at an expedited hearing; and\n- (b) the tribunal considers it appropriate for the dispute to be decided at an expedited hearing.\n- (a) the building contractor applied to the tribunal to have the tribunal decide the dispute; and\n- (b) prior to the proceedings the building owner applied under section 71A for the commission to consider whether to direct the following rectification of building work— (i) to complete incomplete domestic building work; (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and\n- (i) to complete incomplete domestic building work;\n- (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and\n- (A) adversely affects the structural performance of the building; or\n- (B) adversely affects the health or safety of a person occupying the building; or\n- (C) adversely affects the functional use of the building; or\n- (D) allows water penetration into the building; and\n- (c) the tribunal considers the building owner may suffer undue hardship if the matter is not dealt with by expedited hearing; and\n- (d) having regard to the complexity of the dispute, the tribunal considers that it may properly be dealt with at an expedited hearing.\n- (i) to complete incomplete domestic building work;\n- (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and\n- (A) adversely affects the structural performance of the building; or\n- (B) adversely affects the health or safety of a person occupying the building; or\n- (C) adversely affects the functional use of the building; or\n- (D) allows water penetration into the building; and\n- (A) adversely affects the structural performance of the building; or\n- (B) adversely affects the health or safety of a person occupying the building; or\n- (C) adversely affects the functional use of the building; or\n- (D) allows water penetration into the building; and\n- (a) a building contractor applied to the tribunal for the review; and\n- (b) the review is of a decision of the commission— (i) to direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or (ii) that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and\n- (i) to direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or\n- (ii) that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and\n- (c) prior to the review being commenced, the relevant building owner for the decision applied under section 71A for the commission to consider whether to direct the following rectification of building work— (i) to complete incomplete domestic building work; (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and\n- (i) to complete incomplete domestic building work;\n- (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and\n- (A) adversely affects the structural performance of the building; or\n- (B) adversely affects the health or safety of a person occupying the building; or\n- (C) adversely affects the functional use of the building; or\n- (D) allows water penetration into the building; and\n- (d) the tribunal considers the relevant building owner for the decision may suffer undue hardship if the matter is not dealt with by expedited hearing; and\n- (e) having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing.\n- (i) to direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or\n- (ii) that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and\n- (i) to complete incomplete domestic building work;\n- (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and\n- (A) adversely affects the structural performance of the building; or\n- (B) adversely affects the health or safety of a person occupying the building; or\n- (C) adversely affects the functional use of the building; or\n- (D) allows water penetration into the building; and\n- (A) adversely affects the structural performance of the building; or\n- (B) adversely affects the health or safety of a person occupying the building; or\n- (C) adversely affects the functional use of the building; or\n- (D) allows water penetration into the building; and\n- (a) the review is of— (i) a decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or (ii) a decision of the commissioner to issue a stop work notice under section 108AI ; or (iii) a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or (iv) a decision of an investigator to give a direction under section 106P or 106Q ; and\n- (i) a decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or\n- (ii) a decision of the commissioner to issue a stop work notice under section 108AI ; or\n- (iii) a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or\n- (iv) a decision of an investigator to give a direction under section 106P or 106Q ; and\n- (b) the tribunal considers the applicant for review, or another person, may suffer undue hardship if the matter is not dealt with at an expedited hearing; and\n- (c) having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing.\n- (i) a decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or\n- (ii) a decision of the commissioner to issue a stop work notice under section 108AI ; or\n- (iii) a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or\n- (iv) a decision of an investigator to give a direction under section 106P or 106Q ; and","sortOrder":440},{"sectionNumber":"sec.96","sectionType":"section","heading":"Certain minor commercial building disputes may be expedited","content":"### sec.96 Certain minor commercial building disputes may be expedited\n\nThe tribunal may conduct an expedited hearing for a minor commercial building dispute between a subcontractor and another person if—\nneither the claim nor any counterclaim exceeds $10,000; and\nthe dispute relates only to a claim for moneys owing by a person to the subcontractor for tribunal work completed by the subcontractor under a written contract; and\nthe subcontractor files an application for an expedited hearing, a copy of the contract and an affidavit by the subcontractor stating that—\nthe tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and\na claim for payment payable under the contract has been given to the other person by the subcontractor; and\nthe amount claimed by the subcontractor has not been paid by the other person; and\nno complaint about the tribunal work under the contract has been made to the subcontractor by the other person.\nA hearing under this section may proceed only if the subcontractor has given the other person a copy of the application and all documents filed by the subcontractor at least 5 days before the hearing.\ns 96 prev s 96 amd 1994 No. 20 s 28\nom 2000 No. 10 s 183 sch 1\npres s 96 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 73\n(sec.96-ssec.1) The tribunal may conduct an expedited hearing for a minor commercial building dispute between a subcontractor and another person if— neither the claim nor any counterclaim exceeds $10,000; and the dispute relates only to a claim for moneys owing by a person to the subcontractor for tribunal work completed by the subcontractor under a written contract; and the subcontractor files an application for an expedited hearing, a copy of the contract and an affidavit by the subcontractor stating that— the tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and a claim for payment payable under the contract has been given to the other person by the subcontractor; and the amount claimed by the subcontractor has not been paid by the other person; and no complaint about the tribunal work under the contract has been made to the subcontractor by the other person.\n(sec.96-ssec.2) A hearing under this section may proceed only if the subcontractor has given the other person a copy of the application and all documents filed by the subcontractor at least 5 days before the hearing.\n- (a) neither the claim nor any counterclaim exceeds $10,000; and\n- (b) the dispute relates only to a claim for moneys owing by a person to the subcontractor for tribunal work completed by the subcontractor under a written contract; and\n- (c) the subcontractor files an application for an expedited hearing, a copy of the contract and an affidavit by the subcontractor stating that— (i) the tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and (ii) a claim for payment payable under the contract has been given to the other person by the subcontractor; and (iii) the amount claimed by the subcontractor has not been paid by the other person; and (iv) no complaint about the tribunal work under the contract has been made to the subcontractor by the other person.\n- (i) the tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and\n- (ii) a claim for payment payable under the contract has been given to the other person by the subcontractor; and\n- (iii) the amount claimed by the subcontractor has not been paid by the other person; and\n- (iv) no complaint about the tribunal work under the contract has been made to the subcontractor by the other person.\n- (i) the tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and\n- (ii) a claim for payment payable under the contract has been given to the other person by the subcontractor; and\n- (iii) the amount claimed by the subcontractor has not been paid by the other person; and\n- (iv) no complaint about the tribunal work under the contract has been made to the subcontractor by the other person.","sortOrder":441},{"sectionNumber":"pt.7-div.8","sectionType":"division","heading":"Other powers of the tribunal","content":"## Other powers of the tribunal","sortOrder":442},{"sectionNumber":"sec.97","sectionType":"section","heading":"Entry and inspection of property by member of tribunal","content":"### sec.97 Entry and inspection of property by member of tribunal\n\nA member of the tribunal may, if it is necessary to do so for the purposes of a proceeding before the tribunal—\nenter and inspect a building or land relevant to the proceeding accompanied by the parties to the proceeding; or\nauthorise a person in writing to take the following action and report to the tribunal on the action taken—\nenter and inspect a building or land relevant to the proceeding;\ntake photographs, video film or an image of the building or land or anything relevant to the proceeding;\ncarry out tests approved by the tribunal.\na display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party\nland adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land\nA person must not obstruct a member of the tribunal, or a person authorised under subsection (1) (b) , in the exercise of a power mentioned in subsection (1) .\nMaximum penalty—200 penalty units.\ns 97 orig s 97 amd 1996 No. 58 s 4\nom 2000 No. 10 s 183 sch 1\nprev s 97 ins 2003 No. 30 s 169 sch 1\namd 2007 No. 47 s 74\nom 2009 No. 24 s 1693\npres s 97 ins 2009 No. 24 s 1694\n(sec.97-ssec.1) A member of the tribunal may, if it is necessary to do so for the purposes of a proceeding before the tribunal— enter and inspect a building or land relevant to the proceeding accompanied by the parties to the proceeding; or authorise a person in writing to take the following action and report to the tribunal on the action taken— enter and inspect a building or land relevant to the proceeding; take photographs, video film or an image of the building or land or anything relevant to the proceeding; carry out tests approved by the tribunal. a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land\n(sec.97-ssec.2) A person must not obstruct a member of the tribunal, or a person authorised under subsection (1) (b) , in the exercise of a power mentioned in subsection (1) . Maximum penalty—200 penalty units.\n- (a) enter and inspect a building or land relevant to the proceeding accompanied by the parties to the proceeding; or\n- (b) authorise a person in writing to take the following action and report to the tribunal on the action taken— (i) enter and inspect a building or land relevant to the proceeding; (ii) take photographs, video film or an image of the building or land or anything relevant to the proceeding; (iii) carry out tests approved by the tribunal. Examples of building or land relevant to the proceeding— • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land\n- (i) enter and inspect a building or land relevant to the proceeding;\n- (ii) take photographs, video film or an image of the building or land or anything relevant to the proceeding;\n- (iii) carry out tests approved by the tribunal. Examples of building or land relevant to the proceeding— • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land\n- • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party\n- • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land\n- (i) enter and inspect a building or land relevant to the proceeding;\n- (ii) take photographs, video film or an image of the building or land or anything relevant to the proceeding;\n- (iii) carry out tests approved by the tribunal. Examples of building or land relevant to the proceeding— • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land\n- • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party\n- • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land\n- • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party\n- • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land","sortOrder":443},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Procedure before entry","content":"### sec.97A Procedure before entry\n\nThis section applies to entry under section 97 .\nBefore entering a building or land the member or a person authorised to enter must do or make a reasonable attempt to do the following—\ngive an occupier or, if there is no occupier, the owner, reasonable notice of the entry;\non arriving at the building or land, identify himself or herself to a person present who is an occupier of the building or land by producing—\nfor the member—a copy of a document that evidences the member’s appointment; or\nfor a person authorised to enter—a copy of the authorisation and evidence that the person is the person authorised;\ngive the person present a copy of the things produced under subsection (2) (b) ;\ntell the person present the member or authorised person is permitted to enter the building or land.\ns 97A ins 2009 No. 24 s 1694\n(sec.97A-ssec.1) This section applies to entry under section 97 .\n(sec.97A-ssec.2) Before entering a building or land the member or a person authorised to enter must do or make a reasonable attempt to do the following— give an occupier or, if there is no occupier, the owner, reasonable notice of the entry; on arriving at the building or land, identify himself or herself to a person present who is an occupier of the building or land by producing— for the member—a copy of a document that evidences the member’s appointment; or for a person authorised to enter—a copy of the authorisation and evidence that the person is the person authorised; give the person present a copy of the things produced under subsection (2) (b) ; tell the person present the member or authorised person is permitted to enter the building or land.\n- (a) give an occupier or, if there is no occupier, the owner, reasonable notice of the entry;\n- (b) on arriving at the building or land, identify himself or herself to a person present who is an occupier of the building or land by producing— (i) for the member—a copy of a document that evidences the member’s appointment; or (ii) for a person authorised to enter—a copy of the authorisation and evidence that the person is the person authorised;\n- (i) for the member—a copy of a document that evidences the member’s appointment; or\n- (ii) for a person authorised to enter—a copy of the authorisation and evidence that the person is the person authorised;\n- (c) give the person present a copy of the things produced under subsection (2) (b) ;\n- (d) tell the person present the member or authorised person is permitted to enter the building or land.\n- (i) for the member—a copy of a document that evidences the member’s appointment; or\n- (ii) for a person authorised to enter—a copy of the authorisation and evidence that the person is the person authorised;","sortOrder":444},{"sectionNumber":"sec.97B","sectionType":"section","heading":null,"content":"### Section sec.97B\n\ns 97B ins 2009 No. 24 s 1694\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 46\nom 2017 No. 29 s 20","sortOrder":445},{"sectionNumber":"sec.97C","sectionType":"section","heading":"Suspension orders","content":"### sec.97C Suspension orders\n\nIf the tribunal is satisfied, on application by the commission, that a licence should be suspended, the tribunal may, by order, suspend the licence—\nfor the period the tribunal considers reasonable; or\nuntil the holder of the licence (the suspended person ) complies with a condition imposed on the licence by the tribunal.\nThe order may direct the suspended person to deliver the licence to the commission and include any other directions the tribunal considers necessary or convenient to give effect to the order.\nThe tribunal may make an order under this section on application made without notice to the suspended person but, in that case, the tribunal must allow the suspended person a reasonable opportunity to show cause why the order should be rescinded.\nIf the tribunal after considering the suspended person’s evidence and submissions, if any, and any further evidence or submissions of the commission, is not satisfied the order should continue in force, the tribunal must rescind the order.\nThe holder of a licence who contravenes a direction under subsection (2) commits an offence.\nMaximum penalty—80 penalty units.\ns 97C ins 2009 No. 24 s 1694\namd 2013 No. 38 s 14 sch 1\n(sec.97C-ssec.1) If the tribunal is satisfied, on application by the commission, that a licence should be suspended, the tribunal may, by order, suspend the licence— for the period the tribunal considers reasonable; or until the holder of the licence (the suspended person ) complies with a condition imposed on the licence by the tribunal.\n(sec.97C-ssec.2) The order may direct the suspended person to deliver the licence to the commission and include any other directions the tribunal considers necessary or convenient to give effect to the order.\n(sec.97C-ssec.3) The tribunal may make an order under this section on application made without notice to the suspended person but, in that case, the tribunal must allow the suspended person a reasonable opportunity to show cause why the order should be rescinded.\n(sec.97C-ssec.4) If the tribunal after considering the suspended person’s evidence and submissions, if any, and any further evidence or submissions of the commission, is not satisfied the order should continue in force, the tribunal must rescind the order.\n(sec.97C-ssec.5) The holder of a licence who contravenes a direction under subsection (2) commits an offence. Maximum penalty—80 penalty units.\n- (a) for the period the tribunal considers reasonable; or\n- (b) until the holder of the licence (the suspended person ) complies with a condition imposed on the licence by the tribunal.","sortOrder":446},{"sectionNumber":"pt.8","sectionType":"part","heading":"Registers","content":"# Registers","sortOrder":447},{"sectionNumber":"sec.98","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.98 Definitions for pt 8\n\nIn this part—\ndeveloper register see section 103B .\nlicensee register see section 99 .\nowner-builder register see section 103 .\ns 98 prev s 98 om 2000 No. 10 s 183 sch 1\npres s 98 ins 2007 No. 47 s 75","sortOrder":448},{"sectionNumber":"sec.99","sectionType":"section","heading":"Licensee register","content":"### sec.99 Licensee register\n\nA register of licensees (the licensee register ) must be kept by the commission.\nThe register must include the following particulars in relation to each licensee—\nthe licensee’s full name, business address and licence number;\nif the licensee is a company—the full name and business address of the nominee and each director;\nthe class of licence held by the licensee and any conditions to which the licence is, or has been, subject;\nany disciplinary action taken against the licensee that has taken effect under section 74G and is not the subject of an internal review or review by the tribunal;\nany particulars required by regulation.\nThe register must also contain against the name of each licensee a note of—\neach direction of the commission requiring the licensee to rectify building work or to remedy consequential damage; and\neach time the licensee is convicted of an offence against this Act, or the Building Industry Fairness (Security of Payment) Act 2017 , and the provision of the Act that was contravened; and\neach offence for which the licensee has for this Act been served with an infringement notice and—\nthe licensee has paid the fine in full or in part; or\na default certificate has been registered for the infringement notice; and\nany demerit points allocated to the licensee, the demerit matters for which they were allocated and the dates the points took effect; and\nany cancellation or suspension of the licensee’s licence including the circumstances that led to the cancellation or suspension; and\nif the licensee has been a permanently excluded individual, an excluded individual, a banned individual or a disqualified individual—the details of the circumstances that led to the exclusion, ban or disqualification; and\nif the licensee is a company that has a director, secretary, influential person or nominee that became a permanently excluded individual, an excluded individual, a banned individual or a disqualified individual in the last 10 years—the details of the circumstances that led to the exclusion, ban or disqualification; and\nthe number and cost of claims approved under the statutory insurance scheme that relate to residential construction work for which the licensee paid, or ought to have paid, an insurance premium.\nA reference in subsection (3) to something happening in relation to a person who is a licensee includes something happening—\nin relation to the person before the person became a licensee; and\nbefore the commencement of this section.\nIn this section—\nlicensee includes a person who was previously a licensee.\ns 99 prev s 99 amd 1994 No. 20 s 29\nom 2000 No. 10 s 183 sch 1\npres s 99 ins 2007 No. 47 s 75\namd 2009 No. 24 s 1695 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 47 ; 2018 No. 17 s 193E\n(sec.99-ssec.1) A register of licensees (the licensee register ) must be kept by the commission.\n(sec.99-ssec.2) The register must include the following particulars in relation to each licensee— the licensee’s full name, business address and licence number; if the licensee is a company—the full name and business address of the nominee and each director; the class of licence held by the licensee and any conditions to which the licence is, or has been, subject; any disciplinary action taken against the licensee that has taken effect under section 74G and is not the subject of an internal review or review by the tribunal; any particulars required by regulation.\n(sec.99-ssec.3) The register must also contain against the name of each licensee a note of— each direction of the commission requiring the licensee to rectify building work or to remedy consequential damage; and each time the licensee is convicted of an offence against this Act, or the Building Industry Fairness (Security of Payment) Act 2017 , and the provision of the Act that was contravened; and each offence for which the licensee has for this Act been served with an infringement notice and— the licensee has paid the fine in full or in part; or a default certificate has been registered for the infringement notice; and any demerit points allocated to the licensee, the demerit matters for which they were allocated and the dates the points took effect; and any cancellation or suspension of the licensee’s licence including the circumstances that led to the cancellation or suspension; and if the licensee has been a permanently excluded individual, an excluded individual, a banned individual or a disqualified individual—the details of the circumstances that led to the exclusion, ban or disqualification; and if the licensee is a company that has a director, secretary, influential person or nominee that became a permanently excluded individual, an excluded individual, a banned individual or a disqualified individual in the last 10 years—the details of the circumstances that led to the exclusion, ban or disqualification; and the number and cost of claims approved under the statutory insurance scheme that relate to residential construction work for which the licensee paid, or ought to have paid, an insurance premium.\n(sec.99-ssec.4) A reference in subsection (3) to something happening in relation to a person who is a licensee includes something happening— in relation to the person before the person became a licensee; and before the commencement of this section.\n(sec.99-ssec.5) In this section— licensee includes a person who was previously a licensee.\n- (a) the licensee’s full name, business address and licence number;\n- (b) if the licensee is a company—the full name and business address of the nominee and each director;\n- (c) the class of licence held by the licensee and any conditions to which the licence is, or has been, subject;\n- (d) any disciplinary action taken against the licensee that has taken effect under section 74G and is not the subject of an internal review or review by the tribunal;\n- (e) any particulars required by regulation.\n- (a) each direction of the commission requiring the licensee to rectify building work or to remedy consequential damage; and\n- (d) each time the licensee is convicted of an offence against this Act, or the Building Industry Fairness (Security of Payment) Act 2017 , and the provision of the Act that was contravened; and\n- (e) each offence for which the licensee has for this Act been served with an infringement notice and— (i) the licensee has paid the fine in full or in part; or (ii) a default certificate has been registered for the infringement notice; and\n- (i) the licensee has paid the fine in full or in part; or\n- (ii) a default certificate has been registered for the infringement notice; and\n- (f) any demerit points allocated to the licensee, the demerit matters for which they were allocated and the dates the points took effect; and\n- (g) any cancellation or suspension of the licensee’s licence including the circumstances that led to the cancellation or suspension; and\n- (h) if the licensee has been a permanently excluded individual, an excluded individual, a banned individual or a disqualified individual—the details of the circumstances that led to the exclusion, ban or disqualification; and\n- (i) if the licensee is a company that has a director, secretary, influential person or nominee that became a permanently excluded individual, an excluded individual, a banned individual or a disqualified individual in the last 10 years—the details of the circumstances that led to the exclusion, ban or disqualification; and\n- (j) the number and cost of claims approved under the statutory insurance scheme that relate to residential construction work for which the licensee paid, or ought to have paid, an insurance premium.\n- (i) the licensee has paid the fine in full or in part; or\n- (ii) a default certificate has been registered for the infringement notice; and\n- (a) in relation to the person before the person became a licensee; and\n- (b) before the commencement of this section.","sortOrder":449},{"sectionNumber":"sec.99A","sectionType":"section","heading":null,"content":"### Section sec.99A\n\ns 99A ins 1994 No. 20 s 30\nom 2000 No. 10 s 183 sch 1","sortOrder":450},{"sectionNumber":"sec.100","sectionType":"section","heading":"When information may be included in the licensee register","content":"### sec.100 When information may be included in the licensee register\n\nNo information may be included in the register under section 99 (3) (a) until—\nall periods for seeking a review of the direction, and for making any appeal arising out of review of the direction, have ended; and\nany review or appeal about the direction is finally decided or is not proceeded with.\nNo information may be included in the register under section 99 (3) (b) or (c) until—\nall periods for making an appeal arising out of the tribunal’s order or decision have ended; and\nany appeal about the order or decision is finally decided or is not proceeded with.\nNo information may be included in the register under section 99 (3) (d) until—\nall periods for making an appeal arising out of the conviction have ended; and\nany appeal about the conviction is finally decided or is not proceeded with.\nNo information may be included in the register under section 99 (3) (e) (ii) if a licensee has applied for cancellation of the enforcement order and the application for cancellation has not been finally decided.\ns 100 prev s 100 om 2000 No. 10 s 183 sch 1\npres s 100 ins 2007 No. 47 s 75\n(sec.100-ssec.1) No information may be included in the register under section 99 (3) (a) until— all periods for seeking a review of the direction, and for making any appeal arising out of review of the direction, have ended; and any review or appeal about the direction is finally decided or is not proceeded with.\n(sec.100-ssec.2) No information may be included in the register under section 99 (3) (b) or (c) until— all periods for making an appeal arising out of the tribunal’s order or decision have ended; and any appeal about the order or decision is finally decided or is not proceeded with.\n(sec.100-ssec.3) No information may be included in the register under section 99 (3) (d) until— all periods for making an appeal arising out of the conviction have ended; and any appeal about the conviction is finally decided or is not proceeded with.\n(sec.100-ssec.4) No information may be included in the register under section 99 (3) (e) (ii) if a licensee has applied for cancellation of the enforcement order and the application for cancellation has not been finally decided.\n- (a) all periods for seeking a review of the direction, and for making any appeal arising out of review of the direction, have ended; and\n- (b) any review or appeal about the direction is finally decided or is not proceeded with.\n- (a) all periods for making an appeal arising out of the tribunal’s order or decision have ended; and\n- (b) any appeal about the order or decision is finally decided or is not proceeded with.\n- (a) all periods for making an appeal arising out of the conviction have ended; and\n- (b) any appeal about the conviction is finally decided or is not proceeded with.","sortOrder":451},{"sectionNumber":"sec.101","sectionType":"section","heading":"Licensees must advise change of circumstances","content":"### sec.101 Licensees must advise change of circumstances\n\nIf circumstances change so that the particulars recorded in the licensee register in relation to a particular licensee no longer reflect the current position, the licensee must, within 14 days after the date of the change, give the commission particulars of the change.\nMaximum penalty—20 penalty units.\nParticulars may be given under subsection (1) —\nby written notice; or\nin another way approved by the commission, and advised generally to licensees, as a suitable way for advising particulars to the commission.\ns 101 prev s 101 amd 1992 No. 68 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 1999 No. 43 s 34\nom 2000 No. 10 s 183 sch 1\npres s 101 ins 2007 No. 47 s 75\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 48\n(sec.101-ssec.1) If circumstances change so that the particulars recorded in the licensee register in relation to a particular licensee no longer reflect the current position, the licensee must, within 14 days after the date of the change, give the commission particulars of the change. Maximum penalty—20 penalty units.\n(sec.101-ssec.2) Particulars may be given under subsection (1) — by written notice; or in another way approved by the commission, and advised generally to licensees, as a suitable way for advising particulars to the commission.\n- (a) by written notice; or\n- (b) in another way approved by the commission, and advised generally to licensees, as a suitable way for advising particulars to the commission.","sortOrder":452},{"sectionNumber":"sec.102","sectionType":"section","heading":"When notes must be removed from the licensee register","content":"### sec.102 When notes must be removed from the licensee register\n\nA note made in the register under section 99 (3) must be taken off—\nfor information mentioned in section 99 (3) (g) and (h) , 10 years after it is made; or\nfor information mentioned in section 99 (3) (f) , 3 years after it is made; or\nfor information mentioned in section 99 (3) (i) , the earlier of—\nwhen the director, secretary, influential person or nominee is no longer a director, secretary, influential person or nominee for the company; or\n10 years from the time the director, secretary, influential person or nominee became a permanently excluded individual, excluded individual, banned individual or a disqualified individual; or\notherwise, 5 years after it is made.\nHowever, details of demerit points and the demerit matters for which points were allocated must be removed from the register—\nif the points stop having effect; or\nif the points relate to an unsatisfied judgment debt, when the commission is satisfied the judgment debt has been paid.\nAlso, for section 99 (3) (e) , details of an offence must be removed from the register if—\nthe infringement notice for the offence is withdrawn by the commission; or\nthe enforcement order stops having effect, other than because the amount owing under the enforcement order has been paid or the order has been otherwise discharged.\nAlso, a note that states that an individual is prevented, for the life of the individual, from obtaining a licence under this Act must not be removed from the register.\ns 102 prev s 102 om 2000 No. 10 s 183 sch 1\npres s 102 ins 2007 No. 47 s 75\namd 2013 No. 38 s 14 sch 1\n(sec.102-ssec.1) A note made in the register under section 99 (3) must be taken off— for information mentioned in section 99 (3) (g) and (h) , 10 years after it is made; or for information mentioned in section 99 (3) (f) , 3 years after it is made; or for information mentioned in section 99 (3) (i) , the earlier of— when the director, secretary, influential person or nominee is no longer a director, secretary, influential person or nominee for the company; or 10 years from the time the director, secretary, influential person or nominee became a permanently excluded individual, excluded individual, banned individual or a disqualified individual; or otherwise, 5 years after it is made.\n(sec.102-ssec.2) However, details of demerit points and the demerit matters for which points were allocated must be removed from the register— if the points stop having effect; or if the points relate to an unsatisfied judgment debt, when the commission is satisfied the judgment debt has been paid.\n(sec.102-ssec.3) Also, for section 99 (3) (e) , details of an offence must be removed from the register if— the infringement notice for the offence is withdrawn by the commission; or the enforcement order stops having effect, other than because the amount owing under the enforcement order has been paid or the order has been otherwise discharged.\n(sec.102-ssec.4) Also, a note that states that an individual is prevented, for the life of the individual, from obtaining a licence under this Act must not be removed from the register.\n- (a) for information mentioned in section 99 (3) (g) and (h) , 10 years after it is made; or\n- (b) for information mentioned in section 99 (3) (f) , 3 years after it is made; or\n- (c) for information mentioned in section 99 (3) (i) , the earlier of— (i) when the director, secretary, influential person or nominee is no longer a director, secretary, influential person or nominee for the company; or (ii) 10 years from the time the director, secretary, influential person or nominee became a permanently excluded individual, excluded individual, banned individual or a disqualified individual; or\n- (i) when the director, secretary, influential person or nominee is no longer a director, secretary, influential person or nominee for the company; or\n- (ii) 10 years from the time the director, secretary, influential person or nominee became a permanently excluded individual, excluded individual, banned individual or a disqualified individual; or\n- (d) otherwise, 5 years after it is made.\n- (i) when the director, secretary, influential person or nominee is no longer a director, secretary, influential person or nominee for the company; or\n- (ii) 10 years from the time the director, secretary, influential person or nominee became a permanently excluded individual, excluded individual, banned individual or a disqualified individual; or\n- (a) if the points stop having effect; or\n- (b) if the points relate to an unsatisfied judgment debt, when the commission is satisfied the judgment debt has been paid.\n- (a) the infringement notice for the offence is withdrawn by the commission; or\n- (b) the enforcement order stops having effect, other than because the amount owing under the enforcement order has been paid or the order has been otherwise discharged.","sortOrder":453},{"sectionNumber":"sec.102A","sectionType":"section","heading":null,"content":"### Section sec.102A\n\ns 102A ins 1994 No. 20 s 32\nom 2000 No. 10 s 183 sch 1","sortOrder":454},{"sectionNumber":"sec.103","sectionType":"section","heading":"Register of holders of owner-builder permits","content":"### sec.103 Register of holders of owner-builder permits\n\nA register of persons holding owner-builder permits (the owner-builder register ) must be kept by the commission.\nThe register must include the following particulars in relation to each permittee—\nthe permittee’s full name, or if the permittee is a company the full name and business address of each of the directors of the company;\nthe location of the land on which the owner-builder work is to be carried out;\nthe real property description of the land;\na description of the owner-builder work to be carried out on the land;\nthe date of issue of the permit;\nthe term of the permit;\nthe permit number;\nthe conditions of the permit;\nany particulars required by regulation.\nIf circumstances change so that the particulars recorded in the register in relation to a particular permittee no longer reflect the current position, the permittee must, within 14 days after the date of the change, give the commission particulars of the change.\nParticulars under subsection (3) may be given—\nby written notice; or\nin another way approved by the commission.\ns 103 prev s 103 sub 1994 No. 20 s 33\nom 2000 No. 10 s 183 sch 1\npres s 103 ins 2007 No. 47 s 75\namd 2013 No. 38 s 14 sch 1\n(sec.103-ssec.1) A register of persons holding owner-builder permits (the owner-builder register ) must be kept by the commission.\n(sec.103-ssec.2) The register must include the following particulars in relation to each permittee— the permittee’s full name, or if the permittee is a company the full name and business address of each of the directors of the company; the location of the land on which the owner-builder work is to be carried out; the real property description of the land; a description of the owner-builder work to be carried out on the land; the date of issue of the permit; the term of the permit; the permit number; the conditions of the permit; any particulars required by regulation.\n(sec.103-ssec.3) If circumstances change so that the particulars recorded in the register in relation to a particular permittee no longer reflect the current position, the permittee must, within 14 days after the date of the change, give the commission particulars of the change.\n(sec.103-ssec.4) Particulars under subsection (3) may be given— by written notice; or in another way approved by the commission.\n- (a) the permittee’s full name, or if the permittee is a company the full name and business address of each of the directors of the company;\n- (b) the location of the land on which the owner-builder work is to be carried out;\n- (c) the real property description of the land;\n- (d) a description of the owner-builder work to be carried out on the land;\n- (e) the date of issue of the permit;\n- (f) the term of the permit;\n- (g) the permit number;\n- (h) the conditions of the permit;\n- (i) any particulars required by regulation.\n- (a) by written notice; or\n- (b) in another way approved by the commission.","sortOrder":455},{"sectionNumber":"sec.103A","sectionType":"section","heading":"When particulars must be removed from owner-builder register","content":"### sec.103A When particulars must be removed from owner-builder register\n\nParticulars relating to a permittee must be removed from the owner-builder register when the term of the permittee’s permit ends.\ns 103A ins 2007 No. 47 s 75","sortOrder":456},{"sectionNumber":"sec.103B","sectionType":"section","heading":"Developer register","content":"### sec.103B Developer register\n\nA register (the developer register ) containing details about each principal (the relevant developer ) mentioned in section  71I(l) given a direction under section 72 (1) must be kept by the commission.\nThe register must contain against the name of a relevant developer a note of—\neach direction of the commission requiring the relevant developer to rectify building work; and\neach time the relevant developer is convicted of an offence against section 73 .\nHowever, no information may be included in the register under subsection (2) (a) until—\nall periods for seeking a review of the direction, and for making any appeal arising out of a review of the direction, have ended; and\nany review or appeal about the direction is finally decided or is not proceeded with.\nAlso, no information may be included in the register under subsection (2) (b) until—\nall periods for making an appeal arising out of the conviction have ended; and\nany appeal about the conviction is finally decided or is not proceeded with.\nSubsection (6) applies if—\nthe register contains the name of a relevant developer that is a company because the company has been convicted of an offence against section 73 ; and\nan executive officer of the company is convicted of an offence under section 111B in relation to the offence under section 73 ; and\nall periods for making an appeal arising out of the conviction of the executive officer have ended; and\nany appeal about the conviction by the executive officer is finally decided or is not proceeded with.\nA note of the conviction of the executive officer must be included in the register.\ns 103B ins 2007 No. 47 s 75\namd 2013 No. 38 s 14 sch 1 ; 2017 No. 43 s 288\n(sec.103B-ssec.1) A register (the developer register ) containing details about each principal (the relevant developer ) mentioned in section  71I(l) given a direction under section 72 (1) must be kept by the commission.\n(sec.103B-ssec.2) The register must contain against the name of a relevant developer a note of— each direction of the commission requiring the relevant developer to rectify building work; and each time the relevant developer is convicted of an offence against section 73 .\n(sec.103B-ssec.3) However, no information may be included in the register under subsection (2) (a) until— all periods for seeking a review of the direction, and for making any appeal arising out of a review of the direction, have ended; and any review or appeal about the direction is finally decided or is not proceeded with.\n(sec.103B-ssec.4) Also, no information may be included in the register under subsection (2) (b) until— all periods for making an appeal arising out of the conviction have ended; and any appeal about the conviction is finally decided or is not proceeded with.\n(sec.103B-ssec.5) Subsection (6) applies if— the register contains the name of a relevant developer that is a company because the company has been convicted of an offence against section 73 ; and an executive officer of the company is convicted of an offence under section 111B in relation to the offence under section 73 ; and all periods for making an appeal arising out of the conviction of the executive officer have ended; and any appeal about the conviction by the executive officer is finally decided or is not proceeded with.\n(sec.103B-ssec.6) A note of the conviction of the executive officer must be included in the register.\n- (a) each direction of the commission requiring the relevant developer to rectify building work; and\n- (b) each time the relevant developer is convicted of an offence against section 73 .\n- (a) all periods for seeking a review of the direction, and for making any appeal arising out of a review of the direction, have ended; and\n- (b) any review or appeal about the direction is finally decided or is not proceeded with.\n- (a) all periods for making an appeal arising out of the conviction have ended; and\n- (b) any appeal about the conviction is finally decided or is not proceeded with.\n- (a) the register contains the name of a relevant developer that is a company because the company has been convicted of an offence against section 73 ; and\n- (b) an executive officer of the company is convicted of an offence under section 111B in relation to the offence under section 73 ; and\n- (c) all periods for making an appeal arising out of the conviction of the executive officer have ended; and\n- (d) any appeal about the conviction by the executive officer is finally decided or is not proceeded with.","sortOrder":457},{"sectionNumber":"sec.103C","sectionType":"section","heading":"When notes must be removed from developer register","content":"### sec.103C When notes must be removed from developer register\n\nA note made in the developer register must be taken off the register 5 years after it is made.\ns 103C ins 2007 No. 47 s 75","sortOrder":458},{"sectionNumber":"sec.103D","sectionType":"section","heading":"Inspection of registers","content":"### sec.103D Inspection of registers\n\nA person may, on payment of the fee, and subject to the conditions, prescribed by regulation, inspect a register at the commission’s offices at any time the offices are open to the public.\ns 103D ins 2007 No. 47 s 75\namd 2013 No. 38 s 14 sch 1","sortOrder":459},{"sectionNumber":"sec.103E","sectionType":"section","heading":"Publication of registers","content":"### sec.103E Publication of registers\n\nThe commission may publish a register on the commission’s internet site.\ns 103E ins 2007 No. 47 s 75\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 49","sortOrder":460},{"sectionNumber":"sec.103F","sectionType":"section","heading":"Certificates","content":"### sec.103F Certificates\n\nThe commission may, on application by any person and payment of the fee fixed by regulation, issue a certificate certifying any matter contained in a register kept under this Act.\nA certificate under this section is admissible in legal proceedings as evidence of any matter stated in the certificate.\ns 103F ins 2007 No. 47 s 75\namd 2013 No. 38 s 14 sch 1\n(sec.103F-ssec.1) The commission may, on application by any person and payment of the fee fixed by regulation, issue a certificate certifying any matter contained in a register kept under this Act.\n(sec.103F-ssec.2) A certificate under this section is admissible in legal proceedings as evidence of any matter stated in the certificate.","sortOrder":461},{"sectionNumber":"pt.9","sectionType":"part","heading":"Investigators","content":"# Investigators","sortOrder":462},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":463},{"sectionNumber":"sec.103G","sectionType":"section","heading":"Definitions for part","content":"### sec.103G Definitions for part\n\nIn this part—\ncompliance purpose means any of the following purposes—\nascertaining whether a relevant Act is being complied with;\ndetermining whether building work at or on a place has been, or is being, properly carried out;\ndetermining whether a building product associated with, or proposed to be associated with, a building or other structure, or a proposed building or other structure, for a particular use is a non-conforming building product for that use.\ndocument certification requirement see section 105Q (6) .\ndocument production requirement see section 105Q (2) .\nelectronic document ...\ns 103G def electronic document om 2023 No. 23 s 247 sch 1 s 1\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\ngeneral power see section 105L (1) .\nhelp requirement see section 105M (1) .\nidentity card , for a provision about investigators, means an identity card issued under section 104F .\ns 103G def identity card sub 2017 No. 43 s 290 (1)\ninformation notice , for a decision, means a written notice stating—\nthe decision; and\nthe reasons for the decision; and\nthe rights of review under this Act for the decision; and\nhow, and the period within which, a review under this Act for the decision may be started; and\nif applicable, how a stay of the operation of the decision may be applied for under the QCAT Act .\noccupier , of a place, includes the following—\nif there is more than 1 person who apparently occupies the place—any 1 of the persons;\nany person at the place who is apparently acting with the authority of a person who apparently occupies the place;\nif no-one apparently occupies the place—any person who is an owner of the place.\noffence warning , for a direction or requirement by an investigator, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.\ns 103G def offence warning amd 2017 No. 43 s 290 (2)\nowner , of a seized thing, includes a person who would be entitled to possession of the seized thing had it not been seized.\npersonal details requirement see section 105O (5) .\nperson in control , of a place or thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in control or possession of the place or thing.\nplace includes the following—\npremises;\nvacant land;\na place in Queensland waters;\na place held under more than 1 title or by more than 1 owner;\nthe land or water where a building or other structure, or a group of buildings or other structures, is situated.\npremises includes—\na building or other structure; and\na part of a building or other structure; and\npremises held under more than 1 title or by more than 1 owner.\npublic place means a place, or part of a place—\nthat the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or\na beach, a park, a road\nthe occupier of which allows, whether or not on payment of money, members of the public to enter.\na saleyard, a showground\nreasonably suspects means suspects on grounds that are reasonable in the circumstances.\nrelevant Act means—\nthis Act; or\nthe Building Act 1975 ; or\nthe Building Industry Fairness (Security of Payment) Act 2017 ; or\nthe Plumbing and Drainage Act 2018 .\ns 103G def relevant Act sub 2017 No. 43 s 290 (3)\namd 2018 No. 17 s 197 sch 2\nseized thing means a place, part of a place, building, structure or other thing seized under division 6 .\ns 103G ins 2017 No. 29 s 21\n- (a) ascertaining whether a relevant Act is being complied with;\n- (b) determining whether building work at or on a place has been, or is being, properly carried out;\n- (c) determining whether a building product associated with, or proposed to be associated with, a building or other structure, or a proposed building or other structure, for a particular use is a non-conforming building product for that use.\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) the rights of review under this Act for the decision; and\n- (d) how, and the period within which, a review under this Act for the decision may be started; and\n- (e) if applicable, how a stay of the operation of the decision may be applied for under the QCAT Act .\n- (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;\n- (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;\n- (c) if no-one apparently occupies the place—any person who is an owner of the place.\n- (a) premises;\n- (b) vacant land;\n- (c) a place in Queensland waters;\n- (d) a place held under more than 1 title or by more than 1 owner;\n- (e) the land or water where a building or other structure, or a group of buildings or other structures, is situated.\n- (a) a building or other structure; and\n- (b) a part of a building or other structure; and\n- (c) premises held under more than 1 title or by more than 1 owner.\n- (a) that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or Examples of a place that may be a public place under paragraph (a) — a beach, a park, a road\n- (b) the occupier of which allows, whether or not on payment of money, members of the public to enter. Examples of a place that may be a public place under paragraph (b) — a saleyard, a showground\n- (a) this Act; or\n- (b) the Building Act 1975 ; or\n- (c) the Building Industry Fairness (Security of Payment) Act 2017 ; or\n- (d) the Plumbing and Drainage Act 2018 .","sortOrder":464},{"sectionNumber":"sec.103H","sectionType":"section","heading":"References to exercise of powers","content":"### sec.103H References to exercise of powers\n\nIf—\na provision of this part refers to the exercise of a power by an investigator; and\nthere is no reference to a specific power;\nthe reference is to the exercise of all or any investigators’ powers under this part or a warrant, to the extent the powers are relevant.\ns 103H ins 2017 No. 29 s 21\namd 2017 No. 43 s 291\n- (a) a provision of this part refers to the exercise of a power by an investigator; and\n- (b) there is no reference to a specific power;","sortOrder":465},{"sectionNumber":"sec.103I","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.103I Reference to document includes reference to reproductions from electronic document\n\nA reference in this part to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\ns 103I ins 2017 No. 29 s 21\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":466},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Appointment of investigators","content":"## Appointment of investigators","sortOrder":467},{"sectionNumber":"sec.104","sectionType":"section","heading":"Investigators","content":"### sec.104 Investigators\n\nThis part includes provision for the appointment of investigators, and gives investigators particular powers.\nThe purpose of these provisions is to ensure the commission has available to it suitably qualified persons who can help the commission deal with issues about compliance under—\nthis Act; or\nthe Building Act 1975 ; or\nthe Building Industry Fairness (Security of Payment) Act 2017 ; or\nthe Plumbing and Drainage Act 2018 .\ns 104 amd 2007 No. 20 s 55 ; 2013 No. 38 s 14 sch 1\nsub 2017 No. 43 s 293\namd 2018 No. 17 s 197 sch 2\n(sec.104-ssec.1) This part includes provision for the appointment of investigators, and gives investigators particular powers.\n(sec.104-ssec.2) The purpose of these provisions is to ensure the commission has available to it suitably qualified persons who can help the commission deal with issues about compliance under— this Act; or the Building Act 1975 ; or the Building Industry Fairness (Security of Payment) Act 2017 ; or the Plumbing and Drainage Act 2018 .\n- (a) this Act; or\n- (b) the Building Act 1975 ; or\n- (c) the Building Industry Fairness (Security of Payment) Act 2017 ; or\n- (d) the Plumbing and Drainage Act 2018 .","sortOrder":468},{"sectionNumber":"sec.104A","sectionType":"section","heading":"Functions of investigators","content":"### sec.104A Functions of investigators\n\nAn investigator has the following functions—\nto investigate, monitor and enforce compliance with—\nthis Act; or\nthe Building Act 1975 ; or\nthe Building Industry Fairness (Security of Payment) Act 2017 ; or\nthe Plumbing and Drainage Act 2018 ;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under an Act mentioned in paragraph (a) ;\nto facilitate the exercise of powers under an Act mentioned in paragraph (a) .\ns 104A ins 2017 No. 43 s 293\namd 2018 No. 17 s 197 sch 2\n- (a) to investigate, monitor and enforce compliance with— (i) this Act; or (ii) the Building Act 1975 ; or (iii) the Building Industry Fairness (Security of Payment) Act 2017 ; or (iv) the Plumbing and Drainage Act 2018 ;\n- (i) this Act; or\n- (ii) the Building Act 1975 ; or\n- (iii) the Building Industry Fairness (Security of Payment) Act 2017 ; or\n- (iv) the Plumbing and Drainage Act 2018 ;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under an Act mentioned in paragraph (a) ;\n- (c) to facilitate the exercise of powers under an Act mentioned in paragraph (a) .\n- (i) this Act; or\n- (ii) the Building Act 1975 ; or\n- (iii) the Building Industry Fairness (Security of Payment) Act 2017 ; or\n- (iv) the Plumbing and Drainage Act 2018 ;","sortOrder":469},{"sectionNumber":"sec.104B","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.104B Appointment and qualifications\n\nThe commission may, by instrument in writing, appoint any of the following persons as investigators—\nan officer or employee of the commission; or\nan employee of the employing office or of another government entity performing work for the commission under a work performance arrangement.\nHowever, the commission may appoint a person as an investigator only if the commission is satisfied the person is appropriately qualified.\ns 104B ins 2017 No. 43 s 293\n(sec.104B-ssec.1) The commission may, by instrument in writing, appoint any of the following persons as investigators— an officer or employee of the commission; or an employee of the employing office or of another government entity performing work for the commission under a work performance arrangement.\n(sec.104B-ssec.2) However, the commission may appoint a person as an investigator only if the commission is satisfied the person is appropriately qualified.\n- (a) an officer or employee of the commission; or\n- (b) an employee of the employing office or of another government entity performing work for the commission under a work performance arrangement.","sortOrder":470},{"sectionNumber":"sec.104C","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.104C Appointment conditions and limit on powers\n\nAn investigator holds office on any conditions stated in—\nthe investigator’s instrument of appointment; or\na signed notice given to the investigator; or\na regulation.\nThe instrument of appointment, a signed notice given to the investigator or a regulation may limit the investigator’s powers.\nIn this section—\nsigned notice means a notice signed by the commissioner.\ns 104C ins 2017 No. 43 s 293\n(sec.104C-ssec.1) An investigator holds office on any conditions stated in— the investigator’s instrument of appointment; or a signed notice given to the investigator; or a regulation.\n(sec.104C-ssec.2) The instrument of appointment, a signed notice given to the investigator or a regulation may limit the investigator’s powers.\n(sec.104C-ssec.3) In this section— signed notice means a notice signed by the commissioner.\n- (a) the investigator’s instrument of appointment; or\n- (b) a signed notice given to the investigator; or\n- (c) a regulation.","sortOrder":471},{"sectionNumber":"sec.104D","sectionType":"section","heading":"When office ends","content":"### sec.104D When office ends\n\nThe office of a person appointed as an investigator ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe investigator’s resignation under section 104E takes effect.\nSubsection (1) does not limit the ways the office of a person as an investigator ends.\nIn this section—\ncondition of office means a condition under which the investigator holds office.\ns 104D ins 2017 No. 43 s 293\n(sec.104D-ssec.1) The office of a person appointed as an investigator ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the investigator’s resignation under section 104E takes effect.\n(sec.104D-ssec.2) Subsection (1) does not limit the ways the office of a person as an investigator ends.\n(sec.104D-ssec.3) In this section— condition of office means a condition under which the investigator holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the investigator’s resignation under section 104E takes effect.","sortOrder":472},{"sectionNumber":"sec.104E","sectionType":"section","heading":"Resignation","content":"### sec.104E Resignation\n\nAn investigator may resign by signed notice given to the commission.\nHowever, if holding office as an investigator is a condition of the investigator holding another office, the investigator may not resign as an investigator without resigning from the other office.\ns 104E ins 2017 No. 43 s 293\n(sec.104E-ssec.1) An investigator may resign by signed notice given to the commission.\n(sec.104E-ssec.2) However, if holding office as an investigator is a condition of the investigator holding another office, the investigator may not resign as an investigator without resigning from the other office.","sortOrder":473},{"sectionNumber":"sec.104F","sectionType":"section","heading":"Issue of identity card","content":"### sec.104F Issue of identity card\n\nThe commission must issue an identity card to each investigator.\nThe identity card must—\ninclude a recent photo of the investigator; and\ninclude a copy of the investigator’s signature; and\nidentify the person as an investigator appointed under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 104F ins 2017 No. 43 s 293\n(sec.104F-ssec.1) The commission must issue an identity card to each investigator.\n(sec.104F-ssec.2) The identity card must— include a recent photo of the investigator; and include a copy of the investigator’s signature; and identify the person as an investigator appointed under this Act; and state an expiry date for the card.\n(sec.104F-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) include a recent photo of the investigator; and\n- (b) include a copy of the investigator’s signature; and\n- (c) identify the person as an investigator appointed under this Act; and\n- (d) state an expiry date for the card.","sortOrder":474},{"sectionNumber":"sec.104G","sectionType":"section","heading":"Production or display of identity card","content":"### sec.104G Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an investigator must—\nproduce the investigator’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an investigator does not exercise a power in relation to a person only because the investigator has entered a place as mentioned in section 105 (1) (b) or (d) .\ns 104G ins 2017 No. 43 s 293\n(sec.104G-ssec.1) In exercising a power in relation to a person in the person’s presence, an investigator must— produce the investigator’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.104G-ssec.2) However, if it is not practicable to comply with subsection (1) , the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.104G-ssec.3) For subsection (1) , an investigator does not exercise a power in relation to a person only because the investigator has entered a place as mentioned in section 105 (1) (b) or (d) .\n- (a) produce the investigator’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":475},{"sectionNumber":"sec.104H","sectionType":"section","heading":"Return of identity card","content":"### sec.104H Return of identity card\n\nIf the office of a person as an investigator ends, the person must return the person’s identity card to the commission within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 104H ins 2017 No. 43 s 293","sortOrder":476},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Entry of places by investigators","content":"## Entry of places by investigators","sortOrder":477},{"sectionNumber":"sec.105","sectionType":"section","heading":"General power to enter places","content":"### sec.105 General power to enter places\n\nAn investigator may, for a compliance purpose, enter a place if—\nan occupier at the place consents under subdivision 2 to the entry and section 105C has been complied with for the occupier; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 105J has been complied with for the occupier; or\nit is a place of business of a licensee or a person in the chain of responsibility for a building product and is—\nopen for carrying on the business; or\notherwise open for entry; or\nit is a building site and building work is being carried out on the site.\nFor subsection (1) (d) , a place of business does not include a part of the place where a person resides.\nIf the power to enter arose only because an occupier of the place consented to the entry—\nthe power is subject to any conditions of the consent and ceases if the consent is withdrawn; and\nthe consent may include consent for re-entry and paragraph (a) applies to the power to re-enter.\nIf the power to enter is under a warrant—\nthe power is subject to the terms of the warrant; and\nthe warrant may confer a power to re-enter the place and paragraph (a) applies to the power to re-enter.\ns 105 sub 2007 No. 47 s 76\namd 2014 No. 57 s 50\nsub 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105-ssec.1) An investigator may, for a compliance purpose, enter a place if— an occupier at the place consents under subdivision 2 to the entry and section 105C has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 105J has been complied with for the occupier; or it is a place of business of a licensee or a person in the chain of responsibility for a building product and is— open for carrying on the business; or otherwise open for entry; or it is a building site and building work is being carried out on the site.\n(sec.105-ssec.2) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n(sec.105-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry— the power is subject to any conditions of the consent and ceases if the consent is withdrawn; and the consent may include consent for re-entry and paragraph (a) applies to the power to re-enter.\n(sec.105-ssec.4) If the power to enter is under a warrant— the power is subject to the terms of the warrant; and the warrant may confer a power to re-enter the place and paragraph (a) applies to the power to re-enter.\n- (a) an occupier at the place consents under subdivision 2 to the entry and section 105C has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 105J has been complied with for the occupier; or\n- (d) it is a place of business of a licensee or a person in the chain of responsibility for a building product and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (e) it is a building site and building work is being carried out on the site.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (a) the power is subject to any conditions of the consent and ceases if the consent is withdrawn; and\n- (b) the consent may include consent for re-entry and paragraph (a) applies to the power to re-enter.\n- (a) the power is subject to the terms of the warrant; and\n- (b) the warrant may confer a power to re-enter the place and paragraph (a) applies to the power to re-enter.","sortOrder":478},{"sectionNumber":"sec.105A","sectionType":"section","heading":"Application of subdivision","content":"### sec.105A Application of subdivision\n\nThis subdivision applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 105 (1) (a) .\ns 105A ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)","sortOrder":479},{"sectionNumber":"sec.105B","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.105B Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an investigator may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\ns 105B ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":480},{"sectionNumber":"sec.105C","sectionType":"section","heading":"Matters investigator must tell occupier","content":"### sec.105C Matters investigator must tell occupier\n\nBefore asking for the consent, the investigator must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\ns 105C ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":481},{"sectionNumber":"sec.105D","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.105D Consent acknowledgement\n\nIf the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 105D ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105D-ssec.1) If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent.\n(sec.105D-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.105D-ssec.3) If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier.\n(sec.105D-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":482},{"sectionNumber":"sec.105E","sectionType":"section","heading":"Application for warrant","content":"### sec.105E Application for warrant\n\nAn investigator may apply to a magistrate for a warrant for a place.\nThe investigator must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\ns 105E ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105E-ssec.1) An investigator may apply to a magistrate for a warrant for a place.\n(sec.105E-ssec.2) The investigator must prepare a written application that states the grounds on which the warrant is sought.\n(sec.105E-ssec.3) The written application must be sworn.\n(sec.105E-ssec.4) The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":483},{"sectionNumber":"sec.105F","sectionType":"section","heading":"Issue of warrant","content":"### sec.105F Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for—\nentering the place for a compliance purpose; or\nsuspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against a relevant Act.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated investigator or any investigator may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the investigator’s powers; and\nthe purpose for which the warrant is issued and, if it is issued in relation to an offence—\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence unless \tthe name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\ns 105F ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1) , (3)\n(sec.105F-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for— entering the place for a compliance purpose; or suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against a relevant Act.\n(sec.105F-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated investigator or any investigator may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the investigator’s powers; and the purpose for which the warrant is issued and, if it is issued in relation to an offence— particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless \tthe name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) entering the place for a compliance purpose; or\n- (b) suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against a relevant Act.\n- (a) the place to which the warrant applies; and\n- (b) that a stated investigator or any investigator may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the investigator’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the investigator’s powers; and\n- (c) the purpose for which the warrant is issued and, if it is issued in relation to an offence— (i) particulars of the offence that the magistrate considers appropriate; and (ii) the name of the person suspected of having committed the offence unless \tthe name is unknown or the magistrate considers it inappropriate to state the name; and\n- (i) particulars of the offence that the magistrate considers appropriate; and\n- (ii) the name of the person suspected of having committed the offence unless \tthe name is unknown or the magistrate considers it inappropriate to state the name; and\n- (d) the evidence that may be seized under the warrant; and\n- (e) the hours of the day or night when the place may be entered; and\n- (f) the magistrate’s name; and\n- (g) the day and time of the warrant’s issue; and\n- (h) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the investigator’s powers; and\n- (i) particulars of the offence that the magistrate considers appropriate; and\n- (ii) the name of the person suspected of having committed the offence unless \tthe name is unknown or the magistrate considers it inappropriate to state the name; and","sortOrder":484},{"sectionNumber":"sec.105G","sectionType":"section","heading":"Electronic application","content":"### sec.105G Electronic application\n\nAn application under section 105F may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the investigator reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the investigator’s remote location.\nThe application—\nmay not be made before the investigator prepares the written application under section 105F (2) ; but\nmay be made before the written application is sworn.\ns 105G ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1) , (3)\n(sec.105G-ssec.1) An application under section 105F may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the investigator reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the investigator’s remote location.\n(sec.105G-ssec.2) The application— may not be made before the investigator prepares the written application under section 105F (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the investigator’s remote location.\n- (a) may not be made before the investigator prepares the written application under section 105F (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":485},{"sectionNumber":"sec.105H","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.105H Additional procedure if electronic application\n\nFor an application made under section 105G , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 105G ; and\nthe way the application was made under section 105G was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or\notherwise—\nthe magistrate must tell the investigator the information mentioned in section 105F (2) ; and\nthe investigator must complete a form of warrant, including by writing on it the information mentioned in section 105F (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe investigator must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 105E (2) and (3) ; and\nif the investigator completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 105E .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991 .\ns 105H ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105H-ssec.1) For an application made under section 105G , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 105G ; and the way the application was made under section 105G was appropriate.\n(sec.105H-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or otherwise— the magistrate must tell the investigator the information mentioned in section 105F (2) ; and the investigator must complete a form of warrant, including by writing on it the information mentioned in section 105F (2) provided by the magistrate.\n(sec.105H-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.105H-ssec.4) The investigator must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 105E (2) and (3) ; and if the investigator completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.105H-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.105H-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.105H-ssec.7) This section does not limit section 105E .\n(sec.105H-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 105G ; and\n- (b) the way the application was made under section 105G was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or\n- (b) otherwise— (i) the magistrate must tell the investigator the information mentioned in section 105F (2) ; and (ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 105F (2) provided by the magistrate.\n- (i) the magistrate must tell the investigator the information mentioned in section 105F (2) ; and\n- (ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 105F (2) provided by the magistrate.\n- (i) the magistrate must tell the investigator the information mentioned in section 105F (2) ; and\n- (ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 105F (2) provided by the magistrate.\n- (a) the written application complying with section 105E (2) and (3) ; and\n- (b) if the investigator completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":486},{"sectionNumber":"sec.105I","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.105I Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this subdivision;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 105H (3) .\ns 105I ins 2017 No. 29 s 22\n(sec.105I-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this subdivision; unless the defect affects the substance of the warrant in a material particular.\n(sec.105I-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 105H (3) .\n- (a) the warrant; or\n- (b) compliance with this subdivision;","sortOrder":487},{"sectionNumber":"sec.105J","sectionType":"section","heading":"Entry procedure","content":"### sec.105J Entry procedure\n\nThis section applies if an investigator is intending to enter a place under a warrant issued under this subdivision.\nBefore entering the place, the investigator must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\ngive the person a copy of the warrant;\ntell the person the investigator is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the investigator immediate entry to the place without using force.\nHowever, the investigator need not comply with subsection (2) if the investigator believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 105H (3) .\ns 105J ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1) , (3)\n(sec.105J-ssec.1) This section applies if an investigator is intending to enter a place under a warrant issued under this subdivision.\n(sec.105J-ssec.2) Before entering the place, the investigator must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the investigator’s identity card or another document evidencing the investigator’s appointment; give the person a copy of the warrant; tell the person the investigator is permitted by the warrant to enter the place; give the person an opportunity to allow the investigator immediate entry to the place without using force.\n(sec.105J-ssec.3) However, the investigator need not comply with subsection (2) if the investigator believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n(sec.105J-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 105H (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the investigator is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the investigator immediate entry to the place without using force.","sortOrder":488},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"General powers of investigators after entering places","content":"## General powers of investigators after entering places","sortOrder":489},{"sectionNumber":"sec.105K","sectionType":"section","heading":"Application of division","content":"### sec.105K Application of division\n\nThe powers under this division may be exercised if an investigator enters a place under section 105 (1) (a) , (c) , (d) or (e) .\nHowever, if the investigator enters under section 105 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\ns 105K ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105K-ssec.1) The powers under this division may be exercised if an investigator enters a place under section 105 (1) (a) , (c) , (d) or (e) .\n(sec.105K-ssec.2) However, if the investigator enters under section 105 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.","sortOrder":490},{"sectionNumber":"sec.105L","sectionType":"section","heading":"General powers","content":"### sec.105L General powers\n\nThe investigator may do any of the following (each a general power )—\ninspect, examine or make a recording of any part of the place or anything at the place;\ntake for examination a thing, or a sample of or from a thing, at the place, without payment;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the investigator reasonably requires for exercising the investigator’s powers under this part;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe investigator may take a necessary step to allow the exercise of a general power.\nIf the investigator takes a document from the place to copy it, the investigator must copy the document and return it to the place as soon as practicable.\nIf the investigator takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the investigator must produce the document and return the article or device to the place as soon as practicable.\nHowever, nothing in this section authorises an investigator to take from the place a digital device used to store a licensee’s licence if the investigator takes the device only to inspect or copy the licence.\nIf the investigator takes a person to, into or onto the place under subsection (1) (f) —\nthe person—\nmay do the things at the place and in the way the investigator reasonably requires for exercising the investigator’s powers under this part; and\nmust not do anything the investigator does not have power to do, except under a warrant; and\nanything done lawfully by the person is taken for all purposes to have been done by the investigator.\nIn this section—\ninspect , a thing, includes open the thing and examine its contents.\nrecording includes a drawing, photograph, film, audiotape, videotape, digital imaging and recording of an image or sounds in another way.\ns 105L ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1) , (3) ; 2025 No. 28 s 32\n(sec.105L-ssec.1) The investigator may do any of the following (each a general power )— inspect, examine or make a recording of any part of the place or anything at the place; take for examination a thing, or a sample of or from a thing, at the place, without payment; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the investigator reasonably requires for exercising the investigator’s powers under this part; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.105L-ssec.2) The investigator may take a necessary step to allow the exercise of a general power.\n(sec.105L-ssec.3) If the investigator takes a document from the place to copy it, the investigator must copy the document and return it to the place as soon as practicable.\n(sec.105L-ssec.4) If the investigator takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the investigator must produce the document and return the article or device to the place as soon as practicable.\n(sec.105L-ssec.4A) However, nothing in this section authorises an investigator to take from the place a digital device used to store a licensee’s licence if the investigator takes the device only to inspect or copy the licence.\n(sec.105L-ssec.5) If the investigator takes a person to, into or onto the place under subsection (1) (f) — the person— may do the things at the place and in the way the investigator reasonably requires for exercising the investigator’s powers under this part; and must not do anything the investigator does not have power to do, except under a warrant; and anything done lawfully by the person is taken for all purposes to have been done by the investigator.\n(sec.105L-ssec.6) In this section— inspect , a thing, includes open the thing and examine its contents. recording includes a drawing, photograph, film, audiotape, videotape, digital imaging and recording of an image or sounds in another way.\n- (a) inspect, examine or make a recording of any part of the place or anything at the place;\n- (b) take for examination a thing, or a sample of or from a thing, at the place, without payment;\n- (c) place an identifying mark in or on anything at the place;\n- (d) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (e) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (f) take to, into or onto the place and use any person, equipment and materials the investigator reasonably requires for exercising the investigator’s powers under this part;\n- (g) remain at the place for the time necessary to achieve the purpose of the entry.\n- (a) the person— (i) may do the things at the place and in the way the investigator reasonably requires for exercising the investigator’s powers under this part; and (ii) must not do anything the investigator does not have power to do, except under a warrant; and\n- (i) may do the things at the place and in the way the investigator reasonably requires for exercising the investigator’s powers under this part; and\n- (ii) must not do anything the investigator does not have power to do, except under a warrant; and\n- (b) anything done lawfully by the person is taken for all purposes to have been done by the investigator.\n- (i) may do the things at the place and in the way the investigator reasonably requires for exercising the investigator’s powers under this part; and\n- (ii) must not do anything the investigator does not have power to do, except under a warrant; and","sortOrder":491},{"sectionNumber":"sec.105M","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.105M Power to require reasonable help\n\nThe investigator may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the investigator reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the investigator must give the person an offence warning for the requirement.\ns 105M ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105M-ssec.1) The investigator may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the investigator reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.105M-ssec.2) When making the help requirement, the investigator must give the person an offence warning for the requirement.","sortOrder":492},{"sectionNumber":"sec.105N","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.105N Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for a person to fail to comply with the requirement on the basis that complying might tend to incriminate the person or expose the person to a penalty.\nSubsection (2) does not limit what may be a reasonable excuse.\nThe investigator must inform the person, in a way that is reasonable in the circumstances, that—\nthe person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\nif the person is an individual—under section 107 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.\nIf the person is an individual and the individual fails to comply with the requirement when the investigator has failed to comply with subsection (4) , the individual can not be convicted of the offence against subsection (1) .\ns 105N ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105N-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.105N-ssec.2) It is not a reasonable excuse for a person to fail to comply with the requirement on the basis that complying might tend to incriminate the person or expose the person to a penalty.\n(sec.105N-ssec.3) Subsection (2) does not limit what may be a reasonable excuse.\n(sec.105N-ssec.4) The investigator must inform the person, in a way that is reasonable in the circumstances, that— the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and if the person is an individual—under section 107 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.\n(sec.105N-ssec.5) If the person is an individual and the individual fails to comply with the requirement when the investigator has failed to comply with subsection (4) , the individual can not be convicted of the offence against subsection (1) .\n- (a) the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\n- (b) if the person is an individual—under section 107 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.","sortOrder":493},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Other information-obtaining powers of investigators","content":"## Other information-obtaining powers of investigators","sortOrder":494},{"sectionNumber":"sec.105O","sectionType":"section","heading":"Power to require particular information","content":"### sec.105O Power to require particular information\n\nThis section applies if an investigator reasonably suspects a person has committed an offence against a relevant Act.\nThe investigator may require the person to state the person’s name, date and place of birth, residential address and email address.\nThe investigator may also require the person to give evidence of the correctness of the stated name or residential address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or residential address; or\notherwise be able to give the evidence.\nWhen making a personal details requirement, the investigator must give the person an offence warning for the requirement.\nA requirement under this section is a personal details requirement .\ns 105O ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1) ; 2025 No. 28 s 33\n(sec.105O-ssec.1) This section applies if an investigator reasonably suspects a person has committed an offence against a relevant Act.\n(sec.105O-ssec.2) The investigator may require the person to state the person’s name, date and place of birth, residential address and email address.\n(sec.105O-ssec.3) The investigator may also require the person to give evidence of the correctness of the stated name or residential address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or residential address; or otherwise be able to give the evidence.\n(sec.105O-ssec.4) When making a personal details requirement, the investigator must give the person an offence warning for the requirement.\n(sec.105O-ssec.5) A requirement under this section is a personal details requirement .\n- (a) be in possession of evidence of the correctness of the stated name or residential address; or\n- (b) otherwise be able to give the evidence.","sortOrder":495},{"sectionNumber":"sec.105P","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.105P Offence to contravene personal details requirement\n\nA person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.\ns 105P ins 2017 No. 29 s 22\n(sec.105P-ssec.1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.105P-ssec.2) A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.","sortOrder":496},{"sectionNumber":"sec.105Q","sectionType":"section","heading":"Power to require production of document","content":"### sec.105Q Power to require production of document\n\nAn investigator may require a person to make available for inspection by an investigator, or to produce to the investigator for inspection, at a reasonable time and place nominated by the investigator, a document relevant to—\na compliance purpose; or\nan investigation into whether an individual is an influential person for a company that holds, or is applying for, a licence under this Act.\nA requirement under subsection (1) is a document production requirement .\nFor an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.\nThe investigator may keep the document to copy it.\nIf the investigator copies the document, or an entry in the document, the investigator may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nA requirement under subsection (5) is a document certification requirement .\nThe investigator must return the document to the person as soon as practicable after copying it.\nHowever, if a document certification requirement is made of a person, the investigator may keep the document until the person complies with the requirement.\ns 105Q ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105Q-ssec.1) An investigator may require a person to make available for inspection by an investigator, or to produce to the investigator for inspection, at a reasonable time and place nominated by the investigator, a document relevant to— a compliance purpose; or an investigation into whether an individual is an influential person for a company that holds, or is applying for, a licence under this Act.\n(sec.105Q-ssec.2) A requirement under subsection (1) is a document production requirement .\n(sec.105Q-ssec.3) For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.\n(sec.105Q-ssec.4) The investigator may keep the document to copy it.\n(sec.105Q-ssec.5) If the investigator copies the document, or an entry in the document, the investigator may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.105Q-ssec.6) A requirement under subsection (5) is a document certification requirement .\n(sec.105Q-ssec.7) The investigator must return the document to the person as soon as practicable after copying it.\n(sec.105Q-ssec.8) However, if a document certification requirement is made of a person, the investigator may keep the document until the person complies with the requirement.\n- (a) a compliance purpose; or\n- (b) an investigation into whether an individual is an influential person for a company that holds, or is applying for, a licence under this Act.","sortOrder":497},{"sectionNumber":"sec.105R","sectionType":"section","heading":"Offence to contravene document production requirement","content":"### sec.105R Offence to contravene document production requirement\n\nA person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might—\ntend to incriminate the person or expose the person to a penalty; or\ndisclose commercial in confidence information or expose the person to a risk of financial loss.\nThe investigator must inform the person, in a way that is reasonable in the circumstances, that the person must comply with the document production requirement even though complying with the requirement might—\ntend to incriminate the person or expose the person to a penalty; or\ndisclose commercial in confidence information or expose the person to a risk of financial loss.\nIf the person fails to comply with the document production requirement and the investigator has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .\nIf a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.\ns 105R ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105R-ssec.1) A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.105R-ssec.2) It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might— tend to incriminate the person or expose the person to a penalty; or disclose commercial in confidence information or expose the person to a risk of financial loss.\n(sec.105R-ssec.3) The investigator must inform the person, in a way that is reasonable in the circumstances, that the person must comply with the document production requirement even though complying with the requirement might— tend to incriminate the person or expose the person to a penalty; or disclose commercial in confidence information or expose the person to a risk of financial loss.\n(sec.105R-ssec.4) If the person fails to comply with the document production requirement and the investigator has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .\n(sec.105R-ssec.5) If a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.\n- (a) tend to incriminate the person or expose the person to a penalty; or\n- (b) disclose commercial in confidence information or expose the person to a risk of financial loss.\n- (a) tend to incriminate the person or expose the person to a penalty; or\n- (b) disclose commercial in confidence information or expose the person to a risk of financial loss.","sortOrder":498},{"sectionNumber":"sec.105S","sectionType":"section","heading":"Offence to contravene document certification requirement","content":"### sec.105S Offence to contravene document certification requirement\n\nA person of whom a document certification requirement has been made must comply with the requirement 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 a document certification requirement on the basis that complying with the requirement might—\ntend to incriminate the person or expose the person to a penalty; or\ndisclose commercial in confidence information or expose the person to a risk of financial loss.\nThe investigator must inform the person, in a way that is reasonable in the circumstances, that the person must comply with the document certification requirement even though complying with the requirement might—\ntend to incriminate the person or expose the person to a penalty; or\ndisclose commercial in confidence information or expose the person to a risk of financial loss.\nIf the person fails to comply with the document certification requirement and the investigator has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .\ns 105S ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105S-ssec.1) A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.105S-ssec.2) It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might— tend to incriminate the person or expose the person to a penalty; or disclose commercial in confidence information or expose the person to a risk of financial loss.\n(sec.105S-ssec.3) The investigator must inform the person, in a way that is reasonable in the circumstances, that the person must comply with the document certification requirement even though complying with the requirement might— tend to incriminate the person or expose the person to a penalty; or disclose commercial in confidence information or expose the person to a risk of financial loss.\n(sec.105S-ssec.4) If the person fails to comply with the document certification requirement and the investigator has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .\n- (a) tend to incriminate the person or expose the person to a penalty; or\n- (b) disclose commercial in confidence information or expose the person to a risk of financial loss.\n- (a) tend to incriminate the person or expose the person to a penalty; or\n- (b) disclose commercial in confidence information or expose the person to a risk of financial loss.","sortOrder":499},{"sectionNumber":"sec.105T","sectionType":"section","heading":"Power to require information or attendance","content":"### sec.105T Power to require information or attendance\n\nThis section applies if an investigator reasonably believes—\nan offence against a relevant Act has been committed; and\na person may be able to give information about the offence.\nThe investigator may, by notice given to the person, require the person to—\ngive the investigator information related to the offence by a stated reasonable time; or\nattend before the investigator at a stated reasonable time and place to answer questions, or produce documents, related to the offence.\nUnless otherwise required by the notice, a person is taken to comply with subsection (2) (b) if the person attends a meeting with the investigator by using any technology allowing reasonably contemporaneous and continuous communication.\nFor information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\ns 105T ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1) ; 2025 No. 28 s 34\n(sec.105T-ssec.1) This section applies if an investigator reasonably believes— an offence against a relevant Act has been committed; and a person may be able to give information about the offence.\n(sec.105T-ssec.2) The investigator may, by notice given to the person, require the person to— give the investigator information related to the offence by a stated reasonable time; or attend before the investigator at a stated reasonable time and place to answer questions, or produce documents, related to the offence.\n(sec.105T-ssec.3) Unless otherwise required by the notice, a person is taken to comply with subsection (2) (b) if the person attends a meeting with the investigator by using any technology allowing reasonably contemporaneous and continuous communication.\n(sec.105T-ssec.4) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\n(sec.105T-ssec.5) In this section— information includes a document.\n- (a) an offence against a relevant Act has been committed; and\n- (b) a person may be able to give information about the offence.\n- (a) give the investigator information related to the offence by a stated reasonable time; or\n- (b) attend before the investigator at a stated reasonable time and place to answer questions, or produce documents, related to the offence.","sortOrder":500},{"sectionNumber":"sec.105U","sectionType":"section","heading":"Offence to contravene information or attendance requirement","content":"### sec.105U Offence to contravene information or attendance requirement\n\nA person of whom a requirement is made under section 105T (2) (a) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nFor subsection (1) , it is not a reasonable excuse for a person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 107 .\nA person of whom a requirement is made under section 105T (2) (b) must not fail, without reasonable excuse, to—\nattend as required by the notice; and\nanswer a question the person is required to answer by the investigator; and\nproduce a document the person is required to produce by the notice.\nMaximum penalty—50 penalty units.\nFor subsection (3) , it is not a reasonable excuse for a person to fail to answer a question or produce a document on the basis that answering the question or producing the document might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 107 .\ns 105U ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.105U-ssec.1) A person of whom a requirement is made under section 105T (2) (a) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.105U-ssec.2) For subsection (1) , it is not a reasonable excuse for a person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 107 .\n(sec.105U-ssec.3) A person of whom a requirement is made under section 105T (2) (b) must not fail, without reasonable excuse, to— attend as required by the notice; and answer a question the person is required to answer by the investigator; and produce a document the person is required to produce by the notice. Maximum penalty—50 penalty units.\n(sec.105U-ssec.4) For subsection (3) , it is not a reasonable excuse for a person to fail to answer a question or produce a document on the basis that answering the question or producing the document might tend to incriminate the person or expose the person to a penalty. See, however, section 107 .\n- (a) attend as required by the notice; and\n- (b) answer a question the person is required to answer by the investigator; and\n- (c) produce a document the person is required to produce by the notice.","sortOrder":501},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Seizure by investigators and forfeiture","content":"## Seizure by investigators and forfeiture","sortOrder":502},{"sectionNumber":"sec.106","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.106 Seizing evidence at a place that may be entered without consent or warrant\n\nAn investigator who enters a place the investigator may enter under this part without the consent of an occupier of the place and without a warrant may seize a thing at the place if the investigator reasonably believes the thing is evidence of an offence against a relevant Act.\nHowever, nothing in this section authorises an investigator to seize a digital device used to store a licence issued under a relevant Act, if the investigator takes the device only to inspect or copy the licence.\ns 106 amd 2014 No. 57 s 51\nsub 2017 No. 29 s 22\namd 2017 No. 43 ss 294 (1) , 308 sch 1 (amdt 6 could not be given effect); 2025 No. 28 s 35\n(sec.106-ssec.1) An investigator who enters a place the investigator may enter under this part without the consent of an occupier of the place and without a warrant may seize a thing at the place if the investigator reasonably believes the thing is evidence of an offence against a relevant Act.\n(sec.106-ssec.2) However, nothing in this section authorises an investigator to seize a digital device used to store a licence issued under a relevant Act, if the investigator takes the device only to inspect or copy the licence.","sortOrder":503},{"sectionNumber":"sec.106A","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.106A Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe investigator enters the place after obtaining the consent or under a warrant.\nIf the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place only if—\nthe investigator reasonably believes the thing is evidence of an offence against a relevant Act; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the investigator enters the place under a warrant, the investigator may seize the evidence for which the warrant was issued.\nThe investigator may also seize anything else at the place if the investigator reasonably believes—\nthe thing is evidence of an offence against a relevant Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\nThe investigator may also seize a thing at the place if the investigator reasonably believes it has just been used in committing an offence against a relevant Act.\nHowever, nothing in this section authorises an investigator to seize a digital device used to store a licence issued under a relevant Act, if the investigator takes the device only to inspect or copy the licence.\ns 106A ins 2003 No. 1 s 38\namd 2014 No. 57 s 52\nsub 2017 No. 29 s 22\namd 2017 No. 43 ss 294 (1) , 308 sch 1 (amdt 7 could not be given effect); 2025 No. 28 s 36\n(sec.106A-ssec.1) This section applies if— an investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the investigator enters the place after obtaining the consent or under a warrant.\n(sec.106A-ssec.2) If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place only if— the investigator reasonably believes the thing is evidence of an offence against a relevant Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.106A-ssec.3) If the investigator enters the place under a warrant, the investigator may seize the evidence for which the warrant was issued.\n(sec.106A-ssec.4) The investigator may also seize anything else at the place if the investigator reasonably believes— the thing is evidence of an offence against a relevant Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sec.106A-ssec.5) The investigator may also seize a thing at the place if the investigator reasonably believes it has just been used in committing an offence against a relevant Act.\n(sec.106A-ssec.6) However, nothing in this section authorises an investigator to seize a digital device used to store a licence issued under a relevant Act, if the investigator takes the device only to inspect or copy the licence.\n- (a) an investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the investigator enters the place after obtaining the consent or under a warrant.\n- (a) the investigator reasonably believes the thing is evidence of an offence against a relevant Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against a relevant Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.","sortOrder":504},{"sectionNumber":"sec.106B","sectionType":"section","heading":"Power to seize non-conforming building products","content":"### sec.106B Power to seize non-conforming building products\n\nAn investigator who has entered a place under this part may seize a building product at the place if the investigator reasonably believes—\nthe product is, or is proposed to be, associated with a building for an intended use and the product is a non-conforming building product for the use; or\nthe product is the subject of a recall order under part 6AA , division 4 , or a corresponding recall order.\nIn this section—\ncorresponding recall order means an order, however called, under a law of another State providing for the recall of a building product from use.\ns 106B ins 2003 No. 1 s 38\nsub 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106B-ssec.1) An investigator who has entered a place under this part may seize a building product at the place if the investigator reasonably believes— the product is, or is proposed to be, associated with a building for an intended use and the product is a non-conforming building product for the use; or the product is the subject of a recall order under part 6AA , division 4 , or a corresponding recall order.\n(sec.106B-ssec.2) In this section— corresponding recall order means an order, however called, under a law of another State providing for the recall of a building product from use.\n- (a) the product is, or is proposed to be, associated with a building for an intended use and the product is a non-conforming building product for the use; or\n- (b) the product is the subject of a recall order under part 6AA , division 4 , or a corresponding recall order.","sortOrder":505},{"sectionNumber":"sec.106C","sectionType":"section","heading":"Power to seize dangerous places, structures and things","content":"### sec.106C Power to seize dangerous places, structures and things\n\nThis section applies if—\nan investigator enters a place under this part; and\nthe place is a building site or has a non-conforming structure on it; and\nthe investigator reasonably believes that the place, a part of the place, or a building or other structure or other thing on the place, is hazardous to a degree likely to cause death or a serious injury or illness to a person.\nThe investigator may seize the place, part of the place, or the building, structure or thing.\nIn this section—\nnon-conforming structure means a building or other structure with which a building product that is, or is suspected to be, a non-conforming building product is or has been associated.\ns 106C ins 2003 No. 1 s 38\nsub 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106C-ssec.1) This section applies if— an investigator enters a place under this part; and the place is a building site or has a non-conforming structure on it; and the investigator reasonably believes that the place, a part of the place, or a building or other structure or other thing on the place, is hazardous to a degree likely to cause death or a serious injury or illness to a person.\n(sec.106C-ssec.2) The investigator may seize the place, part of the place, or the building, structure or thing.\n(sec.106C-ssec.3) In this section— non-conforming structure means a building or other structure with which a building product that is, or is suspected to be, a non-conforming building product is or has been associated.\n- (a) an investigator enters a place under this part; and\n- (b) the place is a building site or has a non-conforming structure on it; and\n- (c) the investigator reasonably believes that the place, a part of the place, or a building or other structure or other thing on the place, is hazardous to a degree likely to cause death or a serious injury or illness to a person.","sortOrder":506},{"sectionNumber":"sec.106D","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.106D Seizure of property subject to security\n\nAn investigator may seize a place, part of a place, building, structure or other thing, and exercise powers relating to the place, part of the place, building, structure or thing, despite a lien or other security over it claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the investigator or a person acting under the direction or authority of the investigator.\ns 106D ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106D-ssec.1) An investigator may seize a place, part of a place, building, structure or other thing, and exercise powers relating to the place, part of the place, building, structure or thing, despite a lien or other security over it claimed by another person.\n(sec.106D-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the investigator or a person acting under the direction or authority of the investigator.","sortOrder":507},{"sectionNumber":"sec.106E","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.106E Power to secure seized thing\n\nHaving seized a place, part of a place, building, structure or other thing under this division, an investigator may—\nfor a place, part of a place or building—take reasonable action to restrict access to it; or\nfor another seized thing—\nleave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove it from the place of seizure.\nFor subsection (1) (a) and (b) (i) , the investigator may, for example—\nfor a place, part of a place or building—\nseal the entrance to the place, part of the place or building, and mark the place, part of the place or building to show access to it is restricted; or\nmake any equipment on the place or part of the place, or in the building, inoperable; or\nfor another seized thing—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to it is restricted; or\nfor equipment—make it inoperable; or\nrequire a person the investigator reasonably believes is in control of the seized thing to do an act mentioned in paragraph (a) or (b) or anything else an investigator could do under subsection (1) (a) or (b) (i) .\nmake the equipment inoperable by dismantling it or removing a component without which it can not be used\ns 106E ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106E-ssec.1) Having seized a place, part of a place, building, structure or other thing under this division, an investigator may— for a place, part of a place or building—take reasonable action to restrict access to it; or for another seized thing— leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.\n(sec.106E-ssec.2) For subsection (1) (a) and (b) (i) , the investigator may, for example— for a place, part of a place or building— seal the entrance to the place, part of the place or building, and mark the place, part of the place or building to show access to it is restricted; or make any equipment on the place or part of the place, or in the building, inoperable; or for another seized thing— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to it is restricted; or for equipment—make it inoperable; or require a person the investigator reasonably believes is in control of the seized thing to do an act mentioned in paragraph (a) or (b) or anything else an investigator could do under subsection (1) (a) or (b) (i) . make the equipment inoperable by dismantling it or removing a component without which it can not be used\n- (a) for a place, part of a place or building—take reasonable action to restrict access to it; or\n- (b) for another seized thing— (i) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or (ii) move it from the place of seizure.\n- (i) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (ii) move it from the place of seizure.\n- (i) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (ii) move it from the place of seizure.\n- (a) for a place, part of a place or building— (i) seal the entrance to the place, part of the place or building, and mark the place, part of the place or building to show access to it is restricted; or (ii) make any equipment on the place or part of the place, or in the building, inoperable; or\n- (i) seal the entrance to the place, part of the place or building, and mark the place, part of the place or building to show access to it is restricted; or\n- (ii) make any equipment on the place or part of the place, or in the building, inoperable; or\n- (b) for another seized thing— (i) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to it is restricted; or (ii) for equipment—make it inoperable; or\n- (i) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to it is restricted; or\n- (ii) for equipment—make it inoperable; or\n- (c) require a person the investigator reasonably believes is in control of the seized thing to do an act mentioned in paragraph (a) or (b) or anything else an investigator could do under subsection (1) (a) or (b) (i) .\n- (i) seal the entrance to the place, part of the place or building, and mark the place, part of the place or building to show access to it is restricted; or\n- (ii) make any equipment on the place or part of the place, or in the building, inoperable; or\n- (i) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to it is restricted; or\n- (ii) for equipment—make it inoperable; or","sortOrder":508},{"sectionNumber":"sec.106F","sectionType":"section","heading":"Offence to contravene seizure requirement","content":"### sec.106F Offence to contravene seizure requirement\n\nA person must comply with a requirement made of the person under section 106E (2) (c) unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 106F ins 2017 No. 29 s 22","sortOrder":509},{"sectionNumber":"sec.106G","sectionType":"section","heading":"Offence to interfere","content":"### sec.106G Offence to interfere\n\nIf access to a seized thing is restricted under section 106E , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan investigator’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\nIf access to a place, part of a place or building is restricted under section 106E , a person must not enter the place, part of the place or building in contravention of the restriction or tamper with anything used to restrict access to the place, part of the place or building without—\nan investigator’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\ns 106G ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (3)\n(sec.106G-ssec.1) If access to a seized thing is restricted under section 106E , a person must not tamper with the thing or with anything used to restrict access to the thing without— an investigator’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.106G-ssec.2) If access to a place, part of a place or building is restricted under section 106E , a person must not enter the place, part of the place or building in contravention of the restriction or tamper with anything used to restrict access to the place, part of the place or building without— an investigator’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) an investigator’s approval; or\n- (b) a reasonable excuse.\n- (a) an investigator’s approval; or\n- (b) a reasonable excuse.","sortOrder":510},{"sectionNumber":"sec.106H","sectionType":"section","heading":"Receipt and information notice for seized things","content":"### sec.106H Receipt and information notice for seized things\n\nThis section applies if an investigator seizes a place, part of a place, building, structure or other thing under this division unless—\nthe investigator reasonably believes there is no-one apparently in possession of the seized thing or it has been abandoned; or\nbecause of the condition, nature and value of the seized thing it would be unreasonable to require the investigator to comply with this section.\nThe investigator must, as soon as practicable after the seizure, give an owner or person in control of the seized thing before it was seized—\na receipt for the seized thing that generally describes it and its condition; and\nan information notice about the decision to seize the seized thing.\nHowever, if an owner or person from whom the seized thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way where the seized thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe investigator may delay giving the receipt and information notice if the investigator reasonably suspects giving them may frustrate or otherwise hinder an investigation by the investigator under this Act.\nHowever, the delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place where the seized thing was seized to keep it under observation.\ns 106H ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106H-ssec.1) This section applies if an investigator seizes a place, part of a place, building, structure or other thing under this division unless— the investigator reasonably believes there is no-one apparently in possession of the seized thing or it has been abandoned; or because of the condition, nature and value of the seized thing it would be unreasonable to require the investigator to comply with this section.\n(sec.106H-ssec.2) The investigator must, as soon as practicable after the seizure, give an owner or person in control of the seized thing before it was seized— a receipt for the seized thing that generally describes it and its condition; and an information notice about the decision to seize the seized thing.\n(sec.106H-ssec.3) However, if an owner or person from whom the seized thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way where the seized thing is seized.\n(sec.106H-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.106H-ssec.5) The investigator may delay giving the receipt and information notice if the investigator reasonably suspects giving them may frustrate or otherwise hinder an investigation by the investigator under this Act.\n(sec.106H-ssec.6) However, the delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place where the seized thing was seized to keep it under observation.\n- (a) the investigator reasonably believes there is no-one apparently in possession of the seized thing or it has been abandoned; or\n- (b) because of the condition, nature and value of the seized thing it would be unreasonable to require the investigator to comply with this section.\n- (a) a receipt for the seized thing that generally describes it and its condition; and\n- (b) an information notice about the decision to seize the seized thing.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":511},{"sectionNumber":"sec.106I","sectionType":"section","heading":"Access to seized things","content":"### sec.106I Access to seized things\n\nUntil a seized thing is forfeited or returned, the investigator who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying, including, for example, because of the risks of injury or illness to a person that may arise from the inspection or copying.\nThe inspection or copying must be allowed free of charge.\ns 106I ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106I-ssec.1) Until a seized thing is forfeited or returned, the investigator who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.106I-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying, including, for example, because of the risks of injury or illness to a person that may arise from the inspection or copying.\n(sec.106I-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":512},{"sectionNumber":"sec.106J","sectionType":"section","heading":"Return of seized things","content":"### sec.106J Return of seized things\n\nThis section applies if a seized thing is not forfeited under subdivision 4 .\nAs soon as the commissioner stops being satisfied there are reasonable grounds for retaining the seized thing, the commissioner must return it to its owner.\nIf the seized thing is not returned to its owner within 3 months after it was seized, the owner may apply to the commissioner for its return.\nWithin 30 days after receiving the application, the commissioner must—\nif the commissioner is satisfied there are reasonable grounds for retaining the seized thing and decides to retain it—give the owner an information notice for the decision; or\notherwise—return the seized thing to the owner.\nFor this section, there are reasonable grounds for retaining a seized thing if—\nthe thing is being, or is likely to be, examined; or\nthe thing is needed, or may be needed, for the purposes of—\na proceeding for an offence against a relevant Act that is likely to be started or that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against a relevant Act; or\nit is not lawful for the owner to possess the thing; or\nit would be unreasonable to return the thing to its owner because of the risks of injury or illness to a person that may arise from returning it.\nSubsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\nNothing in this section affects a lien or other security over the seized thing.\ns 106J ins 2017 No. 29 s 22\n(sec.106J-ssec.1) This section applies if a seized thing is not forfeited under subdivision 4 .\n(sec.106J-ssec.2) As soon as the commissioner stops being satisfied there are reasonable grounds for retaining the seized thing, the commissioner must return it to its owner.\n(sec.106J-ssec.3) If the seized thing is not returned to its owner within 3 months after it was seized, the owner may apply to the commissioner for its return.\n(sec.106J-ssec.4) Within 30 days after receiving the application, the commissioner must— if the commissioner is satisfied there are reasonable grounds for retaining the seized thing and decides to retain it—give the owner an information notice for the decision; or otherwise—return the seized thing to the owner.\n(sec.106J-ssec.5) For this section, there are reasonable grounds for retaining a seized thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— a proceeding for an offence against a relevant Act that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against a relevant Act; or it is not lawful for the owner to possess the thing; or it would be unreasonable to return the thing to its owner because of the risks of injury or illness to a person that may arise from returning it.\n(sec.106J-ssec.6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\n(sec.106J-ssec.7) Nothing in this section affects a lien or other security over the seized thing.\n- (a) if the commissioner is satisfied there are reasonable grounds for retaining the seized thing and decides to retain it—give the owner an information notice for the decision; or\n- (b) otherwise—return the seized thing to the owner.\n- (a) the thing is being, or is likely to be, examined; or\n- (b) the thing is needed, or may be needed, for the purposes of— (i) a proceeding for an offence against a relevant Act that is likely to be started or that has been started but not completed; or (ii) an appeal from a decision in a proceeding for an offence against a relevant Act; or\n- (i) a proceeding for an offence against a relevant Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against a relevant Act; or\n- (c) it is not lawful for the owner to possess the thing; or\n- (d) it would be unreasonable to return the thing to its owner because of the risks of injury or illness to a person that may arise from returning it.\n- (i) a proceeding for an offence against a relevant Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against a relevant Act; or","sortOrder":513},{"sectionNumber":"sec.106K","sectionType":"section","heading":"Forfeiture by commissioner decision","content":"### sec.106K Forfeiture by commissioner decision\n\nThe commissioner may decide a seized thing is forfeited to the State if an investigator—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return it to an owner; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\nHowever, the investigator is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nthe owner of the thing has migrated to another country\nRegard must be had to the seized thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\ns 106K ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106K-ssec.1) The commissioner may decide a seized thing is forfeited to the State if an investigator— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n(sec.106K-ssec.2) However, the investigator is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country\n(sec.106K-ssec.3) Regard must be had to the seized thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return it to an owner; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — the owner of the thing has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":514},{"sectionNumber":"sec.106L","sectionType":"section","heading":"Information notice about forfeiture decision","content":"### sec.106L Information notice about forfeiture decision\n\nIf the commissioner decides under section 106K (1) to forfeit a seized thing, the commissioner must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\nIf the decision was made under section 106K (1) (a) or (b) , the information notice may be given by leaving it at the place where the seized thing was seized, in a conspicuous position and in a reasonably secure way.\nThe information notice must state that the former owner may apply for a stay of the decision if he or she applies to the tribunal for a review of the decision.\nHowever, subsections (1) to (3) do not apply if—\nthe decision was made under section 106K (1) (a) or (b) ; and\nthe place where the seized thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the former owner.\ns 106L ins 2017 No. 29 s 22\n(sec.106L-ssec.1) If the commissioner decides under section 106K (1) to forfeit a seized thing, the commissioner must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\n(sec.106L-ssec.2) If the decision was made under section 106K (1) (a) or (b) , the information notice may be given by leaving it at the place where the seized thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.106L-ssec.3) The information notice must state that the former owner may apply for a stay of the decision if he or she applies to the tribunal for a review of the decision.\n(sec.106L-ssec.4) However, subsections (1) to (3) do not apply if— the decision was made under section 106K (1) (a) or (b) ; and the place where the seized thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner.\n- (a) the decision was made under section 106K (1) (a) or (b) ; and\n- (b) the place where the seized thing was seized is— (i) a public place; or (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.","sortOrder":515},{"sectionNumber":"sec.106M","sectionType":"section","heading":"When place, structure or thing becomes property of the State","content":"### sec.106M When place, structure or thing becomes property of the State\n\nA place, part of a place, building or other structure or other thing becomes the property of the State if—\nit is forfeited to the State under section 106K (1) ; or\nits owner and the State agree, in writing, to the transfer of the ownership of it to the State.\ns 106M ins 2017 No. 29 s 22\n- (a) it is forfeited to the State under section 106K (1) ; or\n- (b) its owner and the State agree, in writing, to the transfer of the ownership of it to the State.","sortOrder":516},{"sectionNumber":"sec.106N","sectionType":"section","heading":"How property may be dealt with","content":"### sec.106N How property may be dealt with\n\nThis section applies if, under section 106M , a place, part of a place, building or other structure or other thing becomes the property of the State.\nThe commissioner may deal with the place, part of the place, building, structure or thing as the commissioner considers appropriate, including, for example, by destroying it or giving it away.\nThe commissioner must not deal with the place, part of the place, building, structure or thing in a way that could prejudice the outcome of an appeal against the forfeiture under this part.\nIf the commissioner sells the place, part of the place, building, structure or thing, the commissioner may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the place, part of the place, building, structure or thing.\ns 106N ins 2017 No. 29 s 22\n(sec.106N-ssec.1) This section applies if, under section 106M , a place, part of a place, building or other structure or other thing becomes the property of the State.\n(sec.106N-ssec.2) The commissioner may deal with the place, part of the place, building, structure or thing as the commissioner considers appropriate, including, for example, by destroying it or giving it away.\n(sec.106N-ssec.3) The commissioner must not deal with the place, part of the place, building, structure or thing in a way that could prejudice the outcome of an appeal against the forfeiture under this part.\n(sec.106N-ssec.4) If the commissioner sells the place, part of the place, building, structure or thing, the commissioner may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the place, part of the place, building, structure or thing.","sortOrder":517},{"sectionNumber":"pt.9-div.7","sectionType":"division","heading":"Additional powers for building products","content":"## Additional powers for building products","sortOrder":518},{"sectionNumber":"sec.106O","sectionType":"section","heading":"Power to have building products or samples examined","content":"### sec.106O Power to have building products or samples examined\n\nThis section applies if an investigator takes for examination a building product, or a sample of or from a building product, under section 105L (1) (b) .\nThe commission may have the building product or sample examined.\nA person must not, with intent to adversely affect the examination of a building product or a sample of or from a building product—\ntamper with a building product before an investigator takes it, or a sample of or from it, for examination; or\ntamper with a building product or a sample of or from a building product after it is taken by an investigator for examination.\nMaximum penalty—100 penalty units.\nAn examination under this section must be conducted by a person of a class, and in the way, prescribed by regulation.\nThe commission must obtain a certificate or report stating the outcome of an examination under this section from the person conducting the examination.\nThe commission may recover, as a debt, the reasonable costs of conducting an examination of a building product, or a sample of or from a building product, under this section from a person in the chain of responsibility for the product who has failed to comply with a duty under part 6AA , division 2 in relation to the product.\ns 106O ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106O-ssec.1) This section applies if an investigator takes for examination a building product, or a sample of or from a building product, under section 105L (1) (b) .\n(sec.106O-ssec.2) The commission may have the building product or sample examined.\n(sec.106O-ssec.3) A person must not, with intent to adversely affect the examination of a building product or a sample of or from a building product— tamper with a building product before an investigator takes it, or a sample of or from it, for examination; or tamper with a building product or a sample of or from a building product after it is taken by an investigator for examination. Maximum penalty—100 penalty units.\n(sec.106O-ssec.4) An examination under this section must be conducted by a person of a class, and in the way, prescribed by regulation.\n(sec.106O-ssec.5) The commission must obtain a certificate or report stating the outcome of an examination under this section from the person conducting the examination.\n(sec.106O-ssec.6) The commission may recover, as a debt, the reasonable costs of conducting an examination of a building product, or a sample of or from a building product, under this section from a person in the chain of responsibility for the product who has failed to comply with a duty under part 6AA , division 2 in relation to the product.\n- (a) tamper with a building product before an investigator takes it, or a sample of or from it, for examination; or\n- (b) tamper with a building product or a sample of or from a building product after it is taken by an investigator for examination.","sortOrder":519},{"sectionNumber":"sec.106P","sectionType":"section","heading":"Direction about use of non-conforming building product associated with a building or other structure","content":"### sec.106P Direction about use of non-conforming building product associated with a building or other structure\n\nThis section applies if an investigator reasonably believes—\na building product associated with a building or other structure is, or may be, a non-conforming building product; and\nthe building product, or using the building product in a particular way or for a particular use, is hazardous to a degree likely to cause death or a serious injury or illness to a person.\nThe investigator may, by written notice given to the person in control of the building or structure, direct the person—\nto not use the building product or to not use the building product in a stated way or for a stated use; or\nto make the building product incapable of operation.\nA person to whom a notice is given under subsection (2) must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 106P ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106P-ssec.1) This section applies if an investigator reasonably believes— a building product associated with a building or other structure is, or may be, a non-conforming building product; and the building product, or using the building product in a particular way or for a particular use, is hazardous to a degree likely to cause death or a serious injury or illness to a person.\n(sec.106P-ssec.2) The investigator may, by written notice given to the person in control of the building or structure, direct the person— to not use the building product or to not use the building product in a stated way or for a stated use; or to make the building product incapable of operation.\n(sec.106P-ssec.3) A person to whom a notice is given under subsection (2) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) a building product associated with a building or other structure is, or may be, a non-conforming building product; and\n- (b) the building product, or using the building product in a particular way or for a particular use, is hazardous to a degree likely to cause death or a serious injury or illness to a person.\n- (a) to not use the building product or to not use the building product in a stated way or for a stated use; or\n- (b) to make the building product incapable of operation.","sortOrder":520},{"sectionNumber":"sec.106Q","sectionType":"section","heading":"Direction about action at place where non-conforming building product is present","content":"### sec.106Q Direction about action at place where non-conforming building product is present\n\nThis section applies if an investigator reasonably believes—\ncircumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at a place; and\nthe circumstances are, or involve, the presence of a building product at the place, whether or not the building product has been associated with a building or other structure.\nThe investigator may direct the person in control of the place, or another person at the place, to take action the investigator considers necessary to remove or minimise the risk.\nAn investigator reasonably believes the association of a particular building product with a medium-rise building at a place may cause pieces of glass to fragment and fall, creating a risk of injury to persons walking near the building. The investigator may direct the person in control of the place to install temporary overhead protection for persons walking near the building.\nThe direction under subsection (2) may be given orally, but must be confirmed by written notice given to the person as soon as practicable.\nThe person must comply with—\nthe direction under subsection (2) ; and\nthe notice under subsection (3) .\nMaximum penalty—100 penalty units.\nThe notice must state—\nthe investigator believes that—\ncircumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at the place; and\nthe circumstances are, or involve, the presence of a building product at the place; and\nbriefly, the circumstances that have caused or are likely to cause the risk; and\nif the investigator believes the circumstances involve a contravention, or likely contravention, of a provision of an Act—the provision contravened or likely to be contravened; and\nthe action the person must take to remove or minimise the risk.\ns 106Q ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106Q-ssec.1) This section applies if an investigator reasonably believes— circumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at a place; and the circumstances are, or involve, the presence of a building product at the place, whether or not the building product has been associated with a building or other structure.\n(sec.106Q-ssec.2) The investigator may direct the person in control of the place, or another person at the place, to take action the investigator considers necessary to remove or minimise the risk. An investigator reasonably believes the association of a particular building product with a medium-rise building at a place may cause pieces of glass to fragment and fall, creating a risk of injury to persons walking near the building. The investigator may direct the person in control of the place to install temporary overhead protection for persons walking near the building.\n(sec.106Q-ssec.3) The direction under subsection (2) may be given orally, but must be confirmed by written notice given to the person as soon as practicable.\n(sec.106Q-ssec.4) The person must comply with— the direction under subsection (2) ; and the notice under subsection (3) . Maximum penalty—100 penalty units.\n(sec.106Q-ssec.5) The notice must state— the investigator believes that— circumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at the place; and the circumstances are, or involve, the presence of a building product at the place; and briefly, the circumstances that have caused or are likely to cause the risk; and if the investigator believes the circumstances involve a contravention, or likely contravention, of a provision of an Act—the provision contravened or likely to be contravened; and the action the person must take to remove or minimise the risk.\n- (a) circumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at a place; and\n- (b) the circumstances are, or involve, the presence of a building product at the place, whether or not the building product has been associated with a building or other structure.\n- (a) the direction under subsection (2) ; and\n- (b) the notice under subsection (3) .\n- (a) the investigator believes that— (i) circumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at the place; and (ii) the circumstances are, or involve, the presence of a building product at the place; and\n- (i) circumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at the place; and\n- (ii) the circumstances are, or involve, the presence of a building product at the place; and\n- (b) briefly, the circumstances that have caused or are likely to cause the risk; and\n- (c) if the investigator believes the circumstances involve a contravention, or likely contravention, of a provision of an Act—the provision contravened or likely to be contravened; and\n- (d) the action the person must take to remove or minimise the risk.\n- (i) circumstances causing, or likely to cause, an immediate risk of serious injury or illness have arisen at the place; and\n- (ii) the circumstances are, or involve, the presence of a building product at the place; and","sortOrder":521},{"sectionNumber":"sec.106R","sectionType":"section","heading":"Power to take remedial action","content":"### sec.106R Power to take remedial action\n\nThis section applies in relation to a risk of death or a serious injury or illness if—\na person to whom a direction is given under section 106P or 106Q in relation to the risk fails to comply with the direction; or\nan investigator can not give a direction under section 106P or 106Q in relation to the risk because, after taking reasonable steps, a person to whom the direction can be given can not be found.\nAn investigator may take any remedial action the investigator believes reasonable to remove or minimise the risk.\nThe commission may recover, as a debt, the reasonable costs of any remedial action taken under this section from—\nif subsection (1) (a) applies—the person to whom the direction was given; or\nif subsection (1) (b) applies—any person to whom the direction could have been given.\ns 106R ins 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.106R-ssec.1) This section applies in relation to a risk of death or a serious injury or illness if— a person to whom a direction is given under section 106P or 106Q in relation to the risk fails to comply with the direction; or an investigator can not give a direction under section 106P or 106Q in relation to the risk because, after taking reasonable steps, a person to whom the direction can be given can not be found.\n(sec.106R-ssec.2) An investigator may take any remedial action the investigator believes reasonable to remove or minimise the risk.\n(sec.106R-ssec.3) The commission may recover, as a debt, the reasonable costs of any remedial action taken under this section from— if subsection (1) (a) applies—the person to whom the direction was given; or if subsection (1) (b) applies—any person to whom the direction could have been given.\n- (a) a person to whom a direction is given under section 106P or 106Q in relation to the risk fails to comply with the direction; or\n- (b) an investigator can not give a direction under section 106P or 106Q in relation to the risk because, after taking reasonable steps, a person to whom the direction can be given can not be found.\n- (a) if subsection (1) (a) applies—the person to whom the direction was given; or\n- (b) if subsection (1) (b) applies—any person to whom the direction could have been given.","sortOrder":522},{"sectionNumber":"pt.9-div.7A","sectionType":"division","heading":"Damage and compensation","content":"## Damage and compensation","sortOrder":523},{"sectionNumber":"sec.106S","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.106S Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an investigator must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 106U .\ns 106S ins 2017 No. 43 s 295","sortOrder":524},{"sectionNumber":"sec.106T","sectionType":"section","heading":"Notice of damage","content":"### sec.106T Notice of damage\n\nThis section applies if—\nan investigator damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an investigator damages something.\nHowever, this section does not apply to damage the investigator reasonably considers is trivial or if the investigator reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe investigator must give notice of the damage to a person who appears to the investigator to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the investigator must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe investigator may delay complying with subsection (3) or (4) if the investigator reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the investigator.\nThe delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the investigator believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the investigator or the assistant, the investigator may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 106U .\ns 106T ins 2017 No. 43 s 295\n(sec.106T-ssec.1) This section applies if— an investigator damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an investigator damages something.\n(sec.106T-ssec.2) However, this section does not apply to damage the investigator reasonably considers is trivial or if the investigator reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.106T-ssec.3) The investigator must give notice of the damage to a person who appears to the investigator to be an owner, or person in control, of the thing.\n(sec.106T-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the investigator must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.106T-ssec.5) The investigator may delay complying with subsection (3) or (4) if the investigator reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the investigator.\n(sec.106T-ssec.6) The delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.106T-ssec.7) If the investigator believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the investigator or the assistant, the investigator may state the belief in the notice.\n(sec.106T-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 106U .\n- (a) an investigator damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an investigator damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 106U .","sortOrder":525},{"sectionNumber":"sec.106U","sectionType":"section","heading":"Compensation","content":"### sec.106U Compensation\n\nA person may claim compensation from the commission if the person incurs loss because of the exercise, or purported exercise, of a power by or for an investigator including a loss arising from compliance with a requirement made of the person under this part.\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act or a relevant Act the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to—\nany relevant offence committed by the claimant; and\nwhether the loss arose from a lawful seizure or lawful forfeiture; and\nwhether the loss arose from performing a function or exercising a power of an investigator in good faith and without negligence.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 106S does not provide for a statutory right of compensation other than as provided by this section.\nIn this section—\nloss includes costs and damage.\nrelevant Act means—\nthis Act; or\nthe Building Act 1975 ; or\nthe Building Industry Fairness (Security of Payment) Act 2017 ; or\nthe Plumbing and Drainage Act 2018 .\ns 106U ins 2017 No. 43 s 295\namd 2018 No. 17 s 197 sch 2\n(sec.106U-ssec.1) A person may claim compensation from the commission if the person incurs loss because of the exercise, or purported exercise, of a power by or for an investigator including a loss arising from compliance with a requirement made of the person under this part.\n(sec.106U-ssec.2) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act or a relevant Act the investigation of which gave rise to the claim for compensation.\n(sec.106U-ssec.3) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.106U-ssec.4) In considering whether it is just to order compensation, the court must have regard to— any relevant offence committed by the claimant; and whether the loss arose from a lawful seizure or lawful forfeiture; and whether the loss arose from performing a function or exercising a power of an investigator in good faith and without negligence.\n(sec.106U-ssec.5) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.106U-ssec.6) Section 106S does not provide for a statutory right of compensation other than as provided by this section.\n(sec.106U-ssec.7) In this section— loss includes costs and damage. relevant Act means— this Act; or the Building Act 1975 ; or the Building Industry Fairness (Security of Payment) Act 2017 ; or the Plumbing and Drainage Act 2018 .\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act or a relevant Act the investigation of which gave rise to the claim for compensation.\n- (a) any relevant offence committed by the claimant; and\n- (b) whether the loss arose from a lawful seizure or lawful forfeiture; and\n- (c) whether the loss arose from performing a function or exercising a power of an investigator in good faith and without negligence.\n- (a) this Act; or\n- (b) the Building Act 1975 ; or\n- (c) the Building Industry Fairness (Security of Payment) Act 2017 ; or\n- (d) the Plumbing and Drainage Act 2018 .","sortOrder":526},{"sectionNumber":"pt.9-div.8","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":527},{"sectionNumber":"sec.106V","sectionType":"section","heading":"Information to complainant on completion of investigation","content":"### sec.106V Information to complainant on completion of investigation\n\nIf an investigator investigates compliance with an Act mentioned in section 104A (a) because of a complaint, the commissioner may inform the complainant, in the way the commissioner considers appropriate, of the result of the investigation.\ns 106V ins 2022 No. 11 s 65","sortOrder":528},{"sectionNumber":"sec.107","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.107 Evidential immunity for individuals complying with particular requirements\n\nSubsection (2) applies if an individual gives or produces a document or information to an investigator under section 105M or 105T .\nEvidence of the document or information, and other evidence directly or indirectly derived from the document or information, 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 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.\ns 107 amd 2003 No. 1 s 39 ; 2009 No. 24 s 1696\nsub 2017 No. 29 s 22\namd 2017 No. 43 s 294 (1)\n(sec.107-ssec.1) Subsection (2) applies if an individual gives or produces a document or information to an investigator under section 105M or 105T .\n(sec.107-ssec.2) Evidence of the document or information, and other evidence directly or indirectly derived from the document or information, 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.107-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.","sortOrder":529},{"sectionNumber":"sec.107A","sectionType":"section","heading":"Obstructing investigators","content":"### sec.107A Obstructing investigators\n\nA person must not obstruct an investigator who is exercising a power under this Act, or someone helping an investigator exercising a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an investigator, or someone helping an investigator exercising a power under this Act, and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that—\nit is an offence to cause an obstruction, unless the person has a reasonable excuse; and\nthe investigator considers the person’s conduct an obstruction.\nSubsection (2) does not apply if the obstruction is an assault.\nIn this section—\nobstruct includes assault, hinder or resist or attempt or threaten to obstruct.\ns 107A ins 2007 No. 47 s 77\namd 2017 No. 29 s 23 ; 2017 No. 43 ss 294 (1), 296(1), 296(2) (amdt could not be given effect)\n(sec.107A-ssec.1) A person must not obstruct an investigator who is exercising a power under this Act, or someone helping an investigator exercising a power under this Act, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.107A-ssec.2) If a person has obstructed an investigator, or someone helping an investigator exercising a power under this Act, and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that— it is an offence to cause an obstruction, unless the person has a reasonable excuse; and the investigator considers the person’s conduct an obstruction.\n(sec.107A-ssec.3) Subsection (2) does not apply if the obstruction is an assault.\n(sec.107A-ssec.4) In this section— obstruct includes assault, hinder or resist or attempt or threaten to obstruct.\n- (a) it is an offence to cause an obstruction, unless the person has a reasonable excuse; and\n- (b) the investigator considers the person’s conduct an obstruction.","sortOrder":530},{"sectionNumber":"sec.107B","sectionType":"section","heading":"Impersonating investigator","content":"### sec.107B Impersonating investigator\n\nA person must not impersonate an investigator.\nMaximum penalty—40 penalty units.\ns 107B ins 2017 No. 43 s 297","sortOrder":531},{"sectionNumber":"sec.108","sectionType":"section","heading":"Obligation of assessment manager","content":"### sec.108 Obligation of assessment manager\n\nAn assessment manager must allow a relevant officer of the commission, at any reasonable time, to examine and make copies of, or take extracts from, books, documents, papers and records of the local government relating to building work or proposed building work.\ns 108 amd 1998 No. 13 s 190 ; 2003 No. 1 s 40 ; 2007 No. 20 s 56 ; 2007 No. 47 s 78 ; 2009 No. 36 s 872 sch 2 ; 2013 No. 38 s 14 sch 1 ; 2016 No. 27 s 373\n(sec.108-ssec) An assessment manager must allow a relevant officer of the commission, at any reasonable time, to examine and make copies of, or take extracts from, books, documents, papers and records of the local government relating to building work or proposed building work.","sortOrder":532},{"sectionNumber":"pt.9A","sectionType":"part","heading":"Transfer of particular assets, liabilities and employees","content":"# Transfer of particular assets, liabilities and employees","sortOrder":533},{"sectionNumber":"sec.108AA","sectionType":"section","heading":"Relevant entity","content":"### sec.108AA Relevant entity\n\nEach of the following entities is a relevant entity —\nthe commission;\nthe department administering this Act;\nan entity prescribed by regulation for this section.\nHowever, the regulation may only prescribe—\na department; or\nan entity established under an Act; or\nan entity ultimately owned by a relevant entity or the State.\ns 108AA ins 2014 No. 56 s 66\n(sec.108AA-ssec.1) Each of the following entities is a relevant entity — the commission; the department administering this Act; an entity prescribed by regulation for this section.\n(sec.108AA-ssec.2) However, the regulation may only prescribe— a department; or an entity established under an Act; or an entity ultimately owned by a relevant entity or the State.\n- (a) the commission;\n- (b) the department administering this Act;\n- (c) an entity prescribed by regulation for this section.\n- (a) a department; or\n- (b) an entity established under an Act; or\n- (c) an entity ultimately owned by a relevant entity or the State.","sortOrder":534},{"sectionNumber":"sec.108AB","sectionType":"section","heading":"Transfer of assets, liabilities etc. to relevant entity","content":"### sec.108AB Transfer of assets, liabilities etc. to relevant entity\n\nA regulation (a transfer regulation ) may make provision about all or any of the following for a relevant entity—\nthe transfer of an asset or liability of the relevant entity to another relevant entity;\nthe consideration for an asset or liability transferred under paragraph (a) ;\nwhether and, if so, the extent to which the relevant entity is the successor in law of another relevant entity;\na legal proceeding that is being, or may be, taken by or against the relevant entity to be continued or taken by or against another relevant entity;\nthe transfer of an employee of the relevant entity to another relevant entity;\nthe employees of the relevant entity transferred under paragraph (e) , and their terms and conditions of employment, rights and entitlements;\nthe application of a particular industrial instrument to—\nthe employees mentioned in paragraph (f) ; or\nthe relevant entity to which the employees mentioned in paragraph (f) are transferred; or\nother employees of the relevant entity mentioned in subparagraph (ii) .\nA transfer regulation—\nmay transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and\nhas effect despite any other law or instrument; and\nmay provide for a matter by reference to a document held by an entity.\nTo remove any doubt it is declared that a transfer regulation applies despite—\nthe Industrial Relations Act 2016 ; and\nany industrial instrument.\nA transfer regulation may make provision about an accounting treatment in relation to a matter mentioned in subsection (1) .\ns 108AB ins 2014 No. 56 s 66\namd 2016 No. 63 s 1157 sch 6\n(sec.108AB-ssec.1) A regulation (a transfer regulation ) may make provision about all or any of the following for a relevant entity— the transfer of an asset or liability of the relevant entity to another relevant entity; the consideration for an asset or liability transferred under paragraph (a) ; whether and, if so, the extent to which the relevant entity is the successor in law of another relevant entity; a legal proceeding that is being, or may be, taken by or against the relevant entity to be continued or taken by or against another relevant entity; the transfer of an employee of the relevant entity to another relevant entity; the employees of the relevant entity transferred under paragraph (e) , and their terms and conditions of employment, rights and entitlements; the application of a particular industrial instrument to— the employees mentioned in paragraph (f) ; or the relevant entity to which the employees mentioned in paragraph (f) are transferred; or other employees of the relevant entity mentioned in subparagraph (ii) .\n(sec.108AB-ssec.2) A transfer regulation— may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and has effect despite any other law or instrument; and may provide for a matter by reference to a document held by an entity.\n(sec.108AB-ssec.3) To remove any doubt it is declared that a transfer regulation applies despite— the Industrial Relations Act 2016 ; and any industrial instrument.\n(sec.108AB-ssec.4) A transfer regulation may make provision about an accounting treatment in relation to a matter mentioned in subsection (1) .\n- (a) the transfer of an asset or liability of the relevant entity to another relevant entity;\n- (b) the consideration for an asset or liability transferred under paragraph (a) ;\n- (c) whether and, if so, the extent to which the relevant entity is the successor in law of another relevant entity;\n- (d) a legal proceeding that is being, or may be, taken by or against the relevant entity to be continued or taken by or against another relevant entity;\n- (e) the transfer of an employee of the relevant entity to another relevant entity;\n- (f) the employees of the relevant entity transferred under paragraph (e) , and their terms and conditions of employment, rights and entitlements;\n- (g) the application of a particular industrial instrument to— (i) the employees mentioned in paragraph (f) ; or (ii) the relevant entity to which the employees mentioned in paragraph (f) are transferred; or (iii) other employees of the relevant entity mentioned in subparagraph (ii) .\n- (i) the employees mentioned in paragraph (f) ; or\n- (ii) the relevant entity to which the employees mentioned in paragraph (f) are transferred; or\n- (iii) other employees of the relevant entity mentioned in subparagraph (ii) .\n- (i) the employees mentioned in paragraph (f) ; or\n- (ii) the relevant entity to which the employees mentioned in paragraph (f) are transferred; or\n- (iii) other employees of the relevant entity mentioned in subparagraph (ii) .\n- (a) may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and\n- (b) has effect despite any other law or instrument; and\n- (c) may provide for a matter by reference to a document held by an entity.\n- (a) the Industrial Relations Act 2016 ; and\n- (b) any industrial instrument.","sortOrder":535},{"sectionNumber":"sec.108AC","sectionType":"section","heading":"Rights of transferred employees etc.","content":"### sec.108AC Rights of transferred employees etc.\n\nThis section applies if there is a transfer of an employee (a transferred employee ) from a relevant entity (the transferor ) to another relevant entity (the transferee ) under a transfer regulation made under section 108AB .\nThe transfer does not—\nreduce the transferred employee’s total remuneration; or\nprejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\naffect a right or entitlement of the transferred employee to be employed as a public service employee accrued—\nimmediately before the commencement of this section; or\nbefore, on or after the commencement of this section; or\nbefore, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or\ninterrupt continuity of service, except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or\nconstitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or\nentitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or\nrequire the transferor to make any payment to the transferred employee for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee.\nThe transfer has effect despite any other contract, law or instrument.\nIf the transfer regulation provides for the application of a particular industrial instrument to an employee of the transferee (other than a transferred employee), the provision does not reduce the employee’s total remuneration.\ns 108AC ins 2014 No. 56 s 66\namd 2022 No. 34 s 365 sch 3\n(sec.108AC-ssec.1) This section applies if there is a transfer of an employee (a transferred employee ) from a relevant entity (the transferor ) to another relevant entity (the transferee ) under a transfer regulation made under section 108AB .\n(sec.108AC-ssec.2) The transfer does not— reduce the transferred employee’s total remuneration; or prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— immediately before the commencement of this section; or before, on or after the commencement of this section; or before, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or interrupt continuity of service, except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or require the transferor to make any payment to the transferred employee for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee.\n(sec.108AC-ssec.3) The transfer has effect despite any other contract, law or instrument.\n(sec.108AC-ssec.4) If the transfer regulation provides for the application of a particular industrial instrument to an employee of the transferee (other than a transferred employee), the provision does not reduce the employee’s total remuneration.\n- (a) reduce the transferred employee’s total remuneration; or\n- (b) prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— (i) immediately before the commencement of this section; or (ii) before, on or after the commencement of this section; or (iii) before, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or\n- (i) immediately before the commencement of this section; or\n- (ii) before, on or after the commencement of this section; or\n- (iii) before, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or\n- (d) interrupt continuity of service, except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or\n- (e) constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or\n- (f) entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or\n- (g) require the transferor to make any payment to the transferred employee for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee.\n- (i) immediately before the commencement of this section; or\n- (ii) before, on or after the commencement of this section; or\n- (iii) before, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or","sortOrder":536},{"sectionNumber":"pt.9B","sectionType":"part","heading":"Injunctions and stop work notices","content":"# Injunctions and stop work notices","sortOrder":537},{"sectionNumber":"pt.9B-div.1","sectionType":"division","heading":"Injunctions","content":"## Injunctions","sortOrder":538},{"sectionNumber":"sec.108AD","sectionType":"section","heading":"Grounds for injunction","content":"### sec.108AD Grounds for injunction\n\nThe Supreme Court may grant an injunction against a person if the court is satisfied that the person (a respondent ) has engaged, or is proposing to engage, in conduct that constitutes or would constitute—\na contravention of this Act or the Building Act 1975 ; or\nan attempt to contravene this Act or the Building Act 1975 ; or\nthe aiding, abetting, counselling or procuring of another person to contravene this Act or the Building Act 1975 ; or\nthe inducement of, or attempt to induce, whether by threats, promises or otherwise, another person to contravene this Act or the Building Act 1975 ; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by another person of this Act or the Building Act 1975 ; or\nconspiring with other persons to contravene this Act or the Building Act 1975 .\ns 108AD ins 2014 No. 57 s 53\n- (a) a contravention of this Act or the Building Act 1975 ; or\n- (b) an attempt to contravene this Act or the Building Act 1975 ; or\n- (c) the aiding, abetting, counselling or procuring of another person to contravene this Act or the Building Act 1975 ; or\n- (d) the inducement of, or attempt to induce, whether by threats, promises or otherwise, another person to contravene this Act or the Building Act 1975 ; or\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by another person of this Act or the Building Act 1975 ; or\n- (f) conspiring with other persons to contravene this Act or the Building Act 1975 .","sortOrder":539},{"sectionNumber":"sec.108AE","sectionType":"section","heading":"Commissioner may apply for injunction","content":"### sec.108AE Commissioner may apply for injunction\n\nThe commissioner may apply to the Supreme Court for an injunction granted under this division.\ns 108AE ins 2014 No. 57 s 53","sortOrder":540},{"sectionNumber":"sec.108AF","sectionType":"section","heading":"When injunction may be granted","content":"### sec.108AF When injunction may be granted\n\nAn injunction may be granted under this division by the Supreme Court against a respondent at any time.\ns 108AF ins 2014 No. 57 s 53","sortOrder":541},{"sectionNumber":"sec.108AG","sectionType":"section","heading":"Court’s powers for injunctions","content":"### sec.108AG Court’s powers for injunctions\n\nThe power of the Supreme Court to grant an injunction restraining a respondent from engaging in conduct may be exercised—\nwhether or not it appears to the court that the respondent intends to engage again, or to continue to engage, in conduct of that kind; and\nwhether or not the respondent has previously engaged in conduct of that kind.\nThe power of the court to grant an injunction requiring a respondent to do an act or thing may be exercised—\nwhether or not it appears to the court that the respondent intends to fail again, or to continue to fail, to do the act or thing; and\nwhether or not the respondent has previously failed to do the act or thing.\nAn interim injunction may be granted under this division until the application of the commissioner is finally decided.\nThe Supreme Court may rescind or vary an injunction granted under this division at any time.\ns 108AG ins 2014 No. 57 s 53\n(sec.108AG-ssec.1) The power of the Supreme Court to grant an injunction restraining a respondent from engaging in conduct may be exercised— whether or not it appears to the court that the respondent intends to engage again, or to continue to engage, in conduct of that kind; and whether or not the respondent has previously engaged in conduct of that kind.\n(sec.108AG-ssec.2) The power of the court to grant an injunction requiring a respondent to do an act or thing may be exercised— whether or not it appears to the court that the respondent intends to fail again, or to continue to fail, to do the act or thing; and whether or not the respondent has previously failed to do the act or thing.\n(sec.108AG-ssec.3) An interim injunction may be granted under this division until the application of the commissioner is finally decided.\n(sec.108AG-ssec.4) The Supreme Court may rescind or vary an injunction granted under this division at any time.\n- (a) whether or not it appears to the court that the respondent intends to engage again, or to continue to engage, in conduct of that kind; and\n- (b) whether or not the respondent has previously engaged in conduct of that kind.\n- (a) whether or not it appears to the court that the respondent intends to fail again, or to continue to fail, to do the act or thing; and\n- (b) whether or not the respondent has previously failed to do the act or thing.","sortOrder":542},{"sectionNumber":"sec.108AH","sectionType":"section","heading":"Terms of injunction","content":"### sec.108AH Terms of injunction\n\nThe Supreme Court may grant an injunction on the terms the court considers appropriate.\nWithout limiting the court’s power under subsection (1) , an injunction may be granted restraining a respondent from carrying on a business (whether or not the respondent is a building contractor or the business is carried on as part of, or incidental to, the carrying on of another business)—\nfor a stated period; or\nexcept on stated terms and conditions.\nAlso, the court may grant an injunction requiring a respondent to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the respondent’s contravention of this Act or the Building Act 1975 .\ns 108AH ins 2014 No. 57 s 53\n(sec.108AH-ssec.1) The Supreme Court may grant an injunction on the terms the court considers appropriate.\n(sec.108AH-ssec.2) Without limiting the court’s power under subsection (1) , an injunction may be granted restraining a respondent from carrying on a business (whether or not the respondent is a building contractor or the business is carried on as part of, or incidental to, the carrying on of another business)— for a stated period; or except on stated terms and conditions.\n(sec.108AH-ssec.3) Also, the court may grant an injunction requiring a respondent to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the respondent’s contravention of this Act or the Building Act 1975 .\n- (a) for a stated period; or\n- (b) except on stated terms and conditions.","sortOrder":543},{"sectionNumber":"pt.9B-div.2","sectionType":"division","heading":"Stop work notices","content":"## Stop work notices","sortOrder":544},{"sectionNumber":"sec.108AI","sectionType":"section","heading":"Commissioner may issue stop work notice","content":"### sec.108AI Commissioner may issue stop work notice\n\nThis section applies if the commissioner is satisfied that something is being done, or is about to be done, in contravention of a prescribed provision.\nThe commissioner may issue a notice (a stop work notice )—\nprohibiting the person who is doing, or about to do, the thing from starting or continuing the thing; and\ndirecting the person to take any other action the commissioner considers necessary—\nto give effect to the prohibition under paragraph (a) ; or\nto ensure the contravention of the prescribed provision is not repeated or does not happen in the future.\nBefore issuing a stop work notice to a person, the commissioner must—\ngive the person written notice of the commissioner’s intention to issue the notice and the reasons for issuing the notice; and\nask the person to show cause why the commissioner should not issue the notice.\nIf a person wishes to show cause why the stop work notice should not be issued, the person may make written submissions to the commissioner within 5 days after receiving the notice under subsection (3) from the commissioner.\nThe commissioner must consider any written submissions made by a person within the period mentioned in subsection (4) before issuing a stop work notice.\nA person must not contravene a stop work notice.\nMaximum penalty—500 penalty units.\nIn this section—\nprescribed provision means a provision of—\nthis Act; or\nthe Building Act 1975 ; or\nthe Building Code of Australia.\ns 108AI ins 2017 No. 29 s 25\n(sec.108AI-ssec.1) This section applies if the commissioner is satisfied that something is being done, or is about to be done, in contravention of a prescribed provision.\n(sec.108AI-ssec.2) The commissioner may issue a notice (a stop work notice )— prohibiting the person who is doing, or about to do, the thing from starting or continuing the thing; and directing the person to take any other action the commissioner considers necessary— to give effect to the prohibition under paragraph (a) ; or to ensure the contravention of the prescribed provision is not repeated or does not happen in the future.\n(sec.108AI-ssec.3) Before issuing a stop work notice to a person, the commissioner must— give the person written notice of the commissioner’s intention to issue the notice and the reasons for issuing the notice; and ask the person to show cause why the commissioner should not issue the notice.\n(sec.108AI-ssec.4) If a person wishes to show cause why the stop work notice should not be issued, the person may make written submissions to the commissioner within 5 days after receiving the notice under subsection (3) from the commissioner.\n(sec.108AI-ssec.5) The commissioner must consider any written submissions made by a person within the period mentioned in subsection (4) before issuing a stop work notice.\n(sec.108AI-ssec.6) A person must not contravene a stop work notice. Maximum penalty—500 penalty units.\n(sec.108AI-ssec.7) In this section— prescribed provision means a provision of— this Act; or the Building Act 1975 ; or the Building Code of Australia.\n- (a) prohibiting the person who is doing, or about to do, the thing from starting or continuing the thing; and\n- (b) directing the person to take any other action the commissioner considers necessary— (i) to give effect to the prohibition under paragraph (a) ; or (ii) to ensure the contravention of the prescribed provision is not repeated or does not happen in the future.\n- (i) to give effect to the prohibition under paragraph (a) ; or\n- (ii) to ensure the contravention of the prescribed provision is not repeated or does not happen in the future.\n- (i) to give effect to the prohibition under paragraph (a) ; or\n- (ii) to ensure the contravention of the prescribed provision is not repeated or does not happen in the future.\n- (a) give the person written notice of the commissioner’s intention to issue the notice and the reasons for issuing the notice; and\n- (b) ask the person to show cause why the commissioner should not issue the notice.\n- (a) this Act; or\n- (b) the Building Act 1975 ; or\n- (c) the Building Code of Australia.","sortOrder":545},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":546},{"sectionNumber":"sec.108A","sectionType":"section","heading":"Documents that must be kept for 7 years","content":"### sec.108A Documents that must be kept for 7 years\n\nSubsection (2) applies to the following documents—\na building contract entered into by a building contractor and the plans, specifications and variations relating to the contract;\na building contractor’s financial records relevant to the minimum financial requirements for the licence held by the building contractor.\nThe contractor must keep each document for 7 years from the date it is put into writing.\nMaximum penalty—100 penalty units.\ns 108A ins 2007 No. 47 s 79\namd 2017 No. 43 s 298\n(sec.108A-ssec.1) Subsection (2) applies to the following documents— a building contract entered into by a building contractor and the plans, specifications and variations relating to the contract; a building contractor’s financial records relevant to the minimum financial requirements for the licence held by the building contractor.\n(sec.108A-ssec.2) The contractor must keep each document for 7 years from the date it is put into writing. Maximum penalty—100 penalty units.\n- (a) a building contract entered into by a building contractor and the plans, specifications and variations relating to the contract;\n- (b) a building contractor’s financial records relevant to the minimum financial requirements for the licence held by the building contractor.","sortOrder":547},{"sectionNumber":"sec.108B","sectionType":"section","heading":"False or misleading statement","content":"### sec.108B False or misleading statement\n\nA person must not state anything to an official the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nThis section does not apply to information to which section 53B applies.\nIn this section—\nofficial means—\nthe commission; or\nan investigator performing a function or exercising a power under this Act.\ns 108B ins 2007 No. 47 s 79\namd 2013 No. 38 s 14 sch 1 ; 2017 No. 29 s 26 ; 2017 No. 43 s 299\n(sec.108B-ssec.1) A person must not state anything to an official the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.108B-ssec.2) This section does not apply to information to which section 53B applies.\n(sec.108B-ssec.3) In this section— official means— the commission; or an investigator performing a function or exercising a power under this Act.\n- (a) the commission; or\n- (b) an investigator performing a function or exercising a power under this Act.","sortOrder":548},{"sectionNumber":"sec.108C","sectionType":"section","heading":"False or misleading document","content":"### sec.108C False or misleading document\n\nA person must not give an official a document containing 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 document—\ntells the official, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information, gives the correct information.\nA person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nThis section does not apply to a document to which section 53B applies.\nIn this section—\nofficial means—\nthe commission; or\nan investigator performing a function or exercising a power under this Act.\ns 108C ins 2007 No. 47 s 79\namd 2013 No. 38 s 14 sch 1 ; 2017 No. 29 s 27 ; 2017 No. 43 s 300\n(sec.108C-ssec.1) A person must not give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.108C-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the official, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information.\n(sec.108C-ssec.3) A person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.108C-ssec.4) This section does not apply to a document to which section 53B applies.\n(sec.108C-ssec.5) In this section— official means— the commission; or an investigator performing a function or exercising a power under this Act.\n- (a) tells the official, to the best of the person’s ability, how it 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 commission; or\n- (b) an investigator performing a function or exercising a power under this Act.","sortOrder":549},{"sectionNumber":"sec.108D","sectionType":"section","heading":"Contracting out prohibited","content":"### sec.108D Contracting out prohibited\n\nA person can not contract out of the provisions of this Act.\nA domestic building contract is void to the extent to which it—\nis contrary to this Act; or\npurports to annul, exclude or change a provision of this Act.\nAn agreement (other than a domestic building contract) is void to the extent to which it seeks to exclude, change or restrict a right conferred under this Act in relation to a domestic building contract.\nNothing in this section prevents the parties to a domestic building contract from including provisions in the contract that impose greater or more onerous obligations on a building contractor than are imposed under this Act.\nSubsections (2) and (3) apply subject to any contrary intention in this Act.\ns 108D ins 2007 No. 47 s 79\namd 2014 No. 57 s 54\n(sec.108D-ssec.1) A person can not contract out of the provisions of this Act.\n(sec.108D-ssec.2) A domestic building contract is void to the extent to which it— is contrary to this Act; or purports to annul, exclude or change a provision of this Act.\n(sec.108D-ssec.3) An agreement (other than a domestic building contract) is void to the extent to which it seeks to exclude, change or restrict a right conferred under this Act in relation to a domestic building contract.\n(sec.108D-ssec.4) Nothing in this section prevents the parties to a domestic building contract from including provisions in the contract that impose greater or more onerous obligations on a building contractor than are imposed under this Act.\n(sec.108D-ssec.5) Subsections (2) and (3) apply subject to any contrary intention in this Act.\n- (a) is contrary to this Act; or\n- (b) purports to annul, exclude or change a provision of this Act.","sortOrder":550},{"sectionNumber":"sec.109","sectionType":"section","heading":"Access to building sites","content":"### sec.109 Access to building sites\n\nA building contractor must, at the request of a consumer, allow the consumer reasonable access to a building site at which building work is being carried out for the consumer.\nA contractual provision that is inconsistent with subsection (1) is void.\n(sec.109-ssec.1) A building contractor must, at the request of a consumer, allow the consumer reasonable access to a building site at which building work is being carried out for the consumer.\n(sec.109-ssec.2) A contractual provision that is inconsistent with subsection (1) is void.","sortOrder":551},{"sectionNumber":"sec.109A","sectionType":"section","heading":"Service of documents","content":"### sec.109A Service of documents\n\nThis section applies if a provision of this Act requires or permits a document, other than an excluded document, to be given to a person by the commission or the commissioner.\nFor the Acts Interpretation Act 1954 , section 39 , the address of the person’s place of residence or business includes the person’s postal address.\nWithout limiting the Acts Interpretation Act 1954 , section 39 , the document may—\nbe sent by email to the person’s email address last notified to the commission by the person for use under this Act; or\nbe made available to the person or given in a way prescribed by regulation.\nThe document is taken to be given—\nif sent by email—on the day the email is sent; or\nif made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.\nHowever, if the document is made available or given after 5p.m. on a particular day, the document is taken to be made available or given to the person on the next business day.\nIn this section—\nexcluded document means a document required for use in a proceeding before the tribunal.\ns 109A ins 1999 No. 43 s 35\namd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 55\nsub 2025 No. 28 s 37\n(sec.109A-ssec.1) This section applies if a provision of this Act requires or permits a document, other than an excluded document, to be given to a person by the commission or the commissioner.\n(sec.109A-ssec.2) For the Acts Interpretation Act 1954 , section 39 , the address of the person’s place of residence or business includes the person’s postal address.\n(sec.109A-ssec.3) Without limiting the Acts Interpretation Act 1954 , section 39 , the document may— be sent by email to the person’s email address last notified to the commission by the person for use under this Act; or be made available to the person or given in a way prescribed by regulation.\n(sec.109A-ssec.4) The document is taken to be given— if sent by email—on the day the email is sent; or if made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.\n(sec.109A-ssec.5) However, if the document is made available or given after 5p.m. on a particular day, the document is taken to be made available or given to the person on the next business day.\n(sec.109A-ssec.6) In this section— excluded document means a document required for use in a proceeding before the tribunal.\n- (a) be sent by email to the person’s email address last notified to the commission by the person for use under this Act; or\n- (b) be made available to the person or given in a way prescribed by regulation.\n- (a) if sent by email—on the day the email is sent; or\n- (b) if made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.","sortOrder":552},{"sectionNumber":"sec.109B","sectionType":"section","heading":"Licensees must give commission notice of particular matters about interstate or New Zealand licences","content":"### sec.109B Licensees must give commission notice of particular matters about interstate or New Zealand licences\n\nA licensee must, unless the licensee has a reasonable excuse, give the commission notice in the approved form of the following events within 14 days after the day the event happens—\nthe licensee is given an interstate or New Zealand licence;\nthe licensee’s interstate or New Zealand licence is suspended or cancelled.\nMaximum penalty—20 penalty units.\ns 109B ins 2020 No. 24 s 123\n- (a) the licensee is given an interstate or New Zealand licence;\n- (b) the licensee’s interstate or New Zealand licence is suspended or cancelled.","sortOrder":553},{"sectionNumber":"sec.109C","sectionType":"section","heading":"Licensee must advise of change in particular personal details","content":"### sec.109C Licensee must advise of change in particular personal details\n\nThis section applies if a licensee gave the commission, for use under this Act, the licensee’s residential address, email address or phone number and the address or number changes.\nThe licensee must give the commission notice of the change within 14 days after the change, unless the licensee has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 109C ins 2025 No. 28 s 38\n(sec.109C-ssec.1) This section applies if a licensee gave the commission, for use under this Act, the licensee’s residential address, email address or phone number and the address or number changes.\n(sec.109C-ssec.2) The licensee must give the commission notice of the change within 14 days after the change, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units.","sortOrder":554},{"sectionNumber":"sec.110","sectionType":"section","heading":"Confidentiality of information","content":"### sec.110 Confidentiality of information\n\nThis section applies if a person obtains information or gains access to a document in exercising a power or performing a function under this Act.\nThe person must not do any of the following—\ndisclose to anyone else—\nthe information; or\nthe contents of or information contained in the document;\ngive access to the document to anyone else;\nuse the information or document for any purpose.\nMaximum penalty—100 penalty units.\nSubsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document—\nwith the consent of the person to whom the information relates; or\nthat is necessary for the exercise of a power or performance of a function under this Act; or\nthat is made or given by the commission or a person authorised by the commission if the commission reasonably believes the disclosure, access or use—\nis necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or\nis necessary for the administration or enforcement of another Act prescribed by regulation; or\nis necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or\nthat is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or\nthat is required or authorised under a law, including, for example, section 28A or 28B ; or\nto the extent the disclosure, access or use is necessary to comply with section 106V .\nAlso, subsection (2) does not apply to—\nthe disclosure of information, or the giving of access to a document, by the commission to the chief executive for the purpose of monitoring the operation and effectiveness of this Act; or\nthe use of the information or document by the chief executive for that purpose.\nAlso, subsection (2) does not apply to—\nthe use of information or a document by a Minister; or\nthe disclosure of information, or the giving of access to a document, to a Minister.\ns 110 prev s 110 sub 1994 No. 20 s 3 sch; 1996 No. 58 s 5\nom 2000 No. 9 s 104 sch 1\npres s 110 ins 2017 No. 29 s 28\namd 2022 No. 11 s 66 ; 2024 No. 14 s 73\n(sec.110-ssec.1) This section applies if a person obtains information or gains access to a document in exercising a power or performing a function under this Act.\n(sec.110-ssec.2) The person must not do any of the following— disclose to anyone else— the information; or the contents of or information contained in the document; give access to the document to anyone else; use the information or document for any purpose. Maximum penalty—100 penalty units.\n(sec.110-ssec.3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document— with the consent of the person to whom the information relates; or that is necessary for the exercise of a power or performance of a function under this Act; or that is made or given by the commission or a person authorised by the commission if the commission reasonably believes the disclosure, access or use— is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or is necessary for the administration or enforcement of another Act prescribed by regulation; or is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or that is required or authorised under a law, including, for example, section 28A or 28B ; or to the extent the disclosure, access or use is necessary to comply with section 106V .\n(sec.110-ssec.4) Also, subsection (2) does not apply to— the disclosure of information, or the giving of access to a document, by the commission to the chief executive for the purpose of monitoring the operation and effectiveness of this Act; or the use of the information or document by the chief executive for that purpose.\n(sec.110-ssec.5) Also, subsection (2) does not apply to— the use of information or a document by a Minister; or the disclosure of information, or the giving of access to a document, to a Minister.\n- (a) disclose to anyone else— (i) the information; or (ii) the contents of or information contained in the document;\n- (i) the information; or\n- (ii) the contents of or information contained in the document;\n- (b) give access to the document to anyone else;\n- (c) use the information or document for any purpose.\n- (i) the information; or\n- (ii) the contents of or information contained in the document;\n- (a) with the consent of the person to whom the information relates; or\n- (b) that is necessary for the exercise of a power or performance of a function under this Act; or\n- (c) that is made or given by the commission or a person authorised by the commission if the commission reasonably believes the disclosure, access or use— (i) is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or (ii) is necessary for the administration or enforcement of another Act prescribed by regulation; or (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or\n- (i) is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or\n- (ii) is necessary for the administration or enforcement of another Act prescribed by regulation; or\n- (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or\n- (d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or\n- (e) that is required or authorised under a law, including, for example, section 28A or 28B ; or\n- (f) to the extent the disclosure, access or use is necessary to comply with section 106V .\n- (i) is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or\n- (ii) is necessary for the administration or enforcement of another Act prescribed by regulation; or\n- (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or\n- (a) the disclosure of information, or the giving of access to a document, by the commission to the chief executive for the purpose of monitoring the operation and effectiveness of this Act; or\n- (b) the use of the information or document by the chief executive for that purpose.\n- (a) the use of information or a document by a Minister; or\n- (b) the disclosure of information, or the giving of access to a document, to a Minister.","sortOrder":555},{"sectionNumber":"sec.111","sectionType":"section","heading":"Prosecutions for offences","content":"### sec.111 Prosecutions for offences\n\nA prosecution for an offence against this Act may be started within 3 years after the alleged date of commission of the offence or within 2 years after the offence comes to the knowledge of the commission, whichever is the later.\nA prosecution may only be started by a person authorised by the commission, or the Attorney-General, (either generally or in the particular case) to bring the prosecution.\nHowever, the commission must not bring a prosecution for an offence against this Act that is a crime.\nThe authorisation required by subsection (2) is to be presumed in the absence of evidence to the contrary.\nSubsection (1) does not limit the State Penalties Enforcement Act 1999 , section 32 .\ns 111 amd 1994 No. 20 s 3 sch ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 56 ; 2017 No. 43 s 301 ; 2020 No. 24 s 147\n(sec.111-ssec.1) A prosecution for an offence against this Act may be started within 3 years after the alleged date of commission of the offence or within 2 years after the offence comes to the knowledge of the commission, whichever is the later.\n(sec.111-ssec.2) A prosecution may only be started by a person authorised by the commission, or the Attorney-General, (either generally or in the particular case) to bring the prosecution.\n(sec.111-ssec.2A) However, the commission must not bring a prosecution for an offence against this Act that is a crime.\n(sec.111-ssec.3) The authorisation required by subsection (2) is to be presumed in the absence of evidence to the contrary.\n(sec.111-ssec.4) Subsection (1) does not limit the State Penalties Enforcement Act 1999 , section 32 .","sortOrder":556},{"sectionNumber":"sec.111AAA","sectionType":"section","heading":"Enforcement action to comply with prescribed guidelines","content":"### sec.111AAA Enforcement action to comply with prescribed guidelines\n\nAn entity considering taking enforcement action must consider a guideline, about taking enforcement action, prescribed by regulation.\nA failure to comply with subsection (1) does not invalidate or otherwise affect the enforcement action.\nNothing in subsection (1) —\naffects the functions of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 10 ; or\naffects the power of the Director of Public Prosecutions to act under the Director of Public Prosecutions Act 1984 , section 11 ; or\nprevents a person from complying with a guideline made by the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 11 (1) .\nTo the extent of any inconsistency between a guideline prescribed under subsection (1) and a guideline mentioned in subsection (3) (c) , the latter guideline prevails.\nIn this section—\nenforcement action means—\na proceeding for an offence against this Act; or\nissuing an infringement notice for an offence against this Act; or\nallocating demerit points for contraventions of section 73 .\ninfringement notice see the State Penalties Enforcement Act 1999 , schedule 2 .\ns 111AAA ins 2017 No. 43 s 301A\n(sec.111AAA-ssec.1) An entity considering taking enforcement action must consider a guideline, about taking enforcement action, prescribed by regulation.\n(sec.111AAA-ssec.2) A failure to comply with subsection (1) does not invalidate or otherwise affect the enforcement action.\n(sec.111AAA-ssec.3) Nothing in subsection (1) — affects the functions of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 10 ; or affects the power of the Director of Public Prosecutions to act under the Director of Public Prosecutions Act 1984 , section 11 ; or prevents a person from complying with a guideline made by the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 11 (1) .\n(sec.111AAA-ssec.4) To the extent of any inconsistency between a guideline prescribed under subsection (1) and a guideline mentioned in subsection (3) (c) , the latter guideline prevails.\n(sec.111AAA-ssec.5) In this section— enforcement action means— a proceeding for an offence against this Act; or issuing an infringement notice for an offence against this Act; or allocating demerit points for contraventions of section 73 . infringement notice see the State Penalties Enforcement Act 1999 , schedule 2 .\n- (a) affects the functions of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 10 ; or\n- (b) affects the power of the Director of Public Prosecutions to act under the Director of Public Prosecutions Act 1984 , section 11 ; or\n- (c) prevents a person from complying with a guideline made by the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 11 (1) .\n- (a) a proceeding for an offence against this Act; or\n- (b) issuing an infringement notice for an offence against this Act; or\n- (c) allocating demerit points for contraventions of section 73 .","sortOrder":557},{"sectionNumber":"sec.111A","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.111A Responsibility for acts or omissions of representatives\n\nThis section applies for—\na proceeding for an offence against this Act; and\nan inquiry conducted by the tribunal under part 7 , division 4 to decide whether proper grounds exist for taking disciplinary action under the division.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done 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.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nof a company—an executive officer, employee or agent of the company; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\ns 111A ins 1999 No. 43 s 36\namd 2000 No. 10 s 183 sch 1 ; 2003 No. 30 s 169 sch 1\n(sec.111A-ssec.1) This section applies for— a proceeding for an offence against this Act; and an inquiry conducted by the tribunal under part 7 , division 4 to decide whether proper grounds exist for taking disciplinary action under the division.\n(sec.111A-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done 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.111A-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.111A-ssec.4) In this section— representative means— of a company—an executive officer, employee or agent of the company; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) a proceeding for an offence against this Act; and\n- (b) an inquiry conducted by the tribunal under part 7 , division 4 to decide whether proper grounds exist for taking disciplinary action under the division.\n- (a) the act was done or omitted to be done 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) of a company—an executive officer, employee or agent of the company; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":558},{"sectionNumber":"sec.111B","sectionType":"section","heading":"Liability of executive officer—particular offences committed by company","content":"### sec.111B Liability of executive officer—particular offences committed by company\n\nAn executive officer of a company commits an offence if—\nthe company commits an offence against an executive liability provision; and\nthe officer did not take all reasonable steps to ensure the company did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the company’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the company’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the company has been proceeded against for, or convicted of, the offence against the executive liability provision.\nThis section does not affect—\nthe liability of the company for the offence against the executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the company, for the company’s offence against the executive liability provision.\nIn this section—\nexecutive liability provision means either of the following provisions—\nsection 42\nsection 42D .\ns 111B ins 1999 No. 43 s 36\nsub 2013 No. 51 s 175\namd 2017 No. 43 s 302\n(sec.111B-ssec.1) An executive officer of a company commits an offence if— the company commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the company did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.111B-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the company’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the company’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.111B-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the company has been proceeded against for, or convicted of, the offence against the executive liability provision.\n(sec.111B-ssec.4) This section does not affect— the liability of the company for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the company, for the company’s offence against the executive liability provision.\n(sec.111B-ssec.5) In this section— executive liability provision means either of the following provisions— section 42 section 42D .\n- (a) the company commits an offence against an executive liability provision; and\n- (b) the officer did not take all reasonable steps to ensure the company did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the company’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the company’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the company for the offence against the executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the company, for the company’s offence against the executive liability provision.\n- • section 42\n- • section 42D .","sortOrder":559},{"sectionNumber":"sec.111C","sectionType":"section","heading":"Liability of directors for amounts","content":"### sec.111C Liability of directors for amounts\n\nThis section applies if—\na company is convicted of an offence against a provision of this Act; and\na penalty for the offence is imposed on the company; and\nthe amount of the penalty is not paid within the time required for its payment.\nThis section also applies if—\na penalty is imposed on a company as the outcome of disciplinary action taken against the company; and\nthe disciplinary action takes effect under section 74G ; and\nthe amount of the penalty is not paid within the time required for its payment.\nThis section also applies if a company owes the commission an amount because of a payment made by the commission on a claim under the insurance scheme.\nIf this section applies because of subsection (1) , the liability to pay the penalty attaches to—\neach individual who was a director of the company when the offence was committed; and\neach individual who is a director of the company when the penalty is imposed.\nIf this section applies because of subsection (2) , the liability to pay the penalty attaches to—\neach individual who was a director of the company when the act or omission happened giving rise to the finding of the tribunal; and\neach individual who is a director of the company when the penalty is imposed.\nIf this section applies because of subsection (3) , the liability to pay the amount attaches to—\neach individual who was a director of the company when building work the subject of the claim was, or was to have been, carried out; and\neach individual who was a director of the company when the payment was made by the commission.\nA liability under subsection (4) , (5) or (6) to pay a penalty or an amount applies regardless of the status of the company, including, for example, that the company is being or has been wound up.\nIf a liability under subsection (4) , (5) or (6) attaches to 2 or more persons, the persons are jointly and severally liable.\ns 111C ins 1999 No. 43 s 36\namd 2000 No. 10 s 183 sch 1 ; 2003 No. 30 s 169 sch 1 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 57\n(sec.111C-ssec.1) This section applies if— a company is convicted of an offence against a provision of this Act; and a penalty for the offence is imposed on the company; and the amount of the penalty is not paid within the time required for its payment.\n(sec.111C-ssec.2) This section also applies if— a penalty is imposed on a company as the outcome of disciplinary action taken against the company; and the disciplinary action takes effect under section 74G ; and the amount of the penalty is not paid within the time required for its payment.\n(sec.111C-ssec.3) This section also applies if a company owes the commission an amount because of a payment made by the commission on a claim under the insurance scheme.\n(sec.111C-ssec.4) If this section applies because of subsection (1) , the liability to pay the penalty attaches to— each individual who was a director of the company when the offence was committed; and each individual who is a director of the company when the penalty is imposed.\n(sec.111C-ssec.5) If this section applies because of subsection (2) , the liability to pay the penalty attaches to— each individual who was a director of the company when the act or omission happened giving rise to the finding of the tribunal; and each individual who is a director of the company when the penalty is imposed.\n(sec.111C-ssec.6) If this section applies because of subsection (3) , the liability to pay the amount attaches to— each individual who was a director of the company when building work the subject of the claim was, or was to have been, carried out; and each individual who was a director of the company when the payment was made by the commission.\n(sec.111C-ssec.7) A liability under subsection (4) , (5) or (6) to pay a penalty or an amount applies regardless of the status of the company, including, for example, that the company is being or has been wound up.\n(sec.111C-ssec.8) If a liability under subsection (4) , (5) or (6) attaches to 2 or more persons, the persons are jointly and severally liable.\n- (a) a company is convicted of an offence against a provision of this Act; and\n- (b) a penalty for the offence is imposed on the company; and\n- (c) the amount of the penalty is not paid within the time required for its payment.\n- (a) a penalty is imposed on a company as the outcome of disciplinary action taken against the company; and\n- (b) the disciplinary action takes effect under section 74G ; and\n- (c) the amount of the penalty is not paid within the time required for its payment.\n- (a) each individual who was a director of the company when the offence was committed; and\n- (b) each individual who is a director of the company when the penalty is imposed.\n- (a) each individual who was a director of the company when the act or omission happened giving rise to the finding of the tribunal; and\n- (b) each individual who is a director of the company when the penalty is imposed.\n- (a) each individual who was a director of the company when building work the subject of the claim was, or was to have been, carried out; and\n- (b) each individual who was a director of the company when the payment was made by the commission.","sortOrder":560},{"sectionNumber":"sec.112","sectionType":"section","heading":"Appropriation of penalty","content":"### sec.112 Appropriation of penalty\n\nAny monetary penalty recovered for an offence against this Act must be paid to the commission.\ns 112 amd 2013 No. 38 s 14 sch 1","sortOrder":561},{"sectionNumber":"sec.113","sectionType":"section","heading":"Double jeopardy","content":"### sec.113 Double jeopardy\n\nThe fact that disciplinary action has been taken against a person under this Act does not affect the liability of that person to be prosecuted, convicted and punished for an offence arising from the same circumstances.\nThe fact that a person has been prosecuted and convicted or acquitted of an offence against this Act or the Builders’ Registration and Home-owners’ Protection Act 1979 does not affect the liability of that person to disciplinary action under this Act.\ns 113 amd 1994 No. 20 s 34\n(sec.113-ssec.1) The fact that disciplinary action has been taken against a person under this Act does not affect the liability of that person to be prosecuted, convicted and punished for an offence arising from the same circumstances.\n(sec.113-ssec.2) The fact that a person has been prosecuted and convicted or acquitted of an offence against this Act or the Builders’ Registration and Home-owners’ Protection Act 1979 does not affect the liability of that person to disciplinary action under this Act.","sortOrder":562},{"sectionNumber":"sec.114","sectionType":"section","heading":"Protection","content":"### sec.114 Protection\n\nNeither the State, the commissioner nor a relevant officer of the commission incurs any civil liability for an honest act or omission, other than a public interest act, in the performance or purported performance of functions under this Act or the Building Act 1975 .\nA relevant entity does not incur any civil liability for an honest act or omission in the performance or purported performance of functions under the Plumbing and Drainage Act 2018 .\nA civil liability that would, apart from subsection (1) or (1A) , attach to an entity other than the commission attaches instead to the commission.\nNeither the State, the Minister, the commission nor a relevant officer of the commission incurs any liability for a public interest act.\nThis section does not affect the liability of a person other than the commission to disciplinary action under the conditions of the person’s employment.\nIn this section—\npublic interest act means—\na disclosure or publication made by or for the commissioner in issuing a warning under section 20J (1) (i) , or publishing information under section 20J (1) (k) , about—\nbuilding work; or\nthe commercial or business reputation of any person associated with building work; or\nthe quality or standard of building work performed by any person; or\na building product being a non-conforming building product for a particular use; or\nthe commercial or business reputation of a person in the chain of responsibility for a building product; or\na contravention or alleged contravention of this Act or the operation or enforcement of this Act; or\na disclosure or publication made by or for the Minister in publishing a warning statement under section 74AZC ; or\nan act done by or for the Minister in relation to a recall order under section 74AW .\nrelevant entity means any of the following entities—\nthe State;\nthe commissioner;\na relevant officer of the commission;\na member, deputy member or temporary member of the Service Trades Council.\ns 114 sub 1999 No. 43 s 37\namd 2003 No. 1 s 41 ; 2007 No. 20 s 57 ; 2013 No. 38 s 8 ; 2016 No. 11 s 21 ; 2017 No. 29 s 29 ; 2018 No. 17 s 197 sch 2\n(sec.114-ssec.1) Neither the State, the commissioner nor a relevant officer of the commission incurs any civil liability for an honest act or omission, other than a public interest act, in the performance or purported performance of functions under this Act or the Building Act 1975 .\n(sec.114-ssec.1A) A relevant entity does not incur any civil liability for an honest act or omission in the performance or purported performance of functions under the Plumbing and Drainage Act 2018 .\n(sec.114-ssec.2) A civil liability that would, apart from subsection (1) or (1A) , attach to an entity other than the commission attaches instead to the commission.\n(sec.114-ssec.3) Neither the State, the Minister, the commission nor a relevant officer of the commission incurs any liability for a public interest act.\n(sec.114-ssec.4) This section does not affect the liability of a person other than the commission to disciplinary action under the conditions of the person’s employment.\n(sec.114-ssec.5) In this section— public interest act means— a disclosure or publication made by or for the commissioner in issuing a warning under section 20J (1) (i) , or publishing information under section 20J (1) (k) , about— building work; or the commercial or business reputation of any person associated with building work; or the quality or standard of building work performed by any person; or a building product being a non-conforming building product for a particular use; or the commercial or business reputation of a person in the chain of responsibility for a building product; or a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or a disclosure or publication made by or for the Minister in publishing a warning statement under section 74AZC ; or an act done by or for the Minister in relation to a recall order under section 74AW . relevant entity means any of the following entities— the State; the commissioner; a relevant officer of the commission; a member, deputy member or temporary member of the Service Trades Council.\n- (a) a disclosure or publication made by or for the commissioner in issuing a warning under section 20J (1) (i) , or publishing information under section 20J (1) (k) , about— (i) building work; or (ii) the commercial or business reputation of any person associated with building work; or (iii) the quality or standard of building work performed by any person; or (iv) a building product being a non-conforming building product for a particular use; or (v) the commercial or business reputation of a person in the chain of responsibility for a building product; or (vi) a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or\n- (i) building work; or\n- (ii) the commercial or business reputation of any person associated with building work; or\n- (iii) the quality or standard of building work performed by any person; or\n- (iv) a building product being a non-conforming building product for a particular use; or\n- (v) the commercial or business reputation of a person in the chain of responsibility for a building product; or\n- (vi) a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or\n- (b) a disclosure or publication made by or for the Minister in publishing a warning statement under section 74AZC ; or\n- (c) an act done by or for the Minister in relation to a recall order under section 74AW .\n- (i) building work; or\n- (ii) the commercial or business reputation of any person associated with building work; or\n- (iii) the quality or standard of building work performed by any person; or\n- (iv) a building product being a non-conforming building product for a particular use; or\n- (v) the commercial or business reputation of a person in the chain of responsibility for a building product; or\n- (vi) a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or\n- (a) the State;\n- (b) the commissioner;\n- (c) a relevant officer of the commission;\n- (d) a member, deputy member or temporary member of the Service Trades Council.","sortOrder":563},{"sectionNumber":"sec.115","sectionType":"section","heading":"Commission may provide services to a professional board","content":"### sec.115 Commission may provide services to a professional board\n\nThe commission may provide services to a professional board in relation to a disciplinary proceeding being, or that may be, conducted by the tribunal.\nThe commission might make a lawyer performing work for it under a work performance arrangement available to represent a professional board at a disciplinary proceeding being conducted by the tribunal.\nThe commission may enter into arrangements with a professional board about the fees to be paid to the commission for services provided under subsection (1) .\nIn this section—\ndisciplinary proceeding means—\na disciplinary proceeding under the Architects Act 2002 ; or\na disciplinary proceeding under the Professional Engineers Act 2002 .\nprofessional board means —\nthe Board of Architects of Queensland established under the Architects Act 2002 ; or\nthe Board of Professional Engineers of Queensland established under the Professional Engineers Act 2002 .\ns 115 prev s 115 ins 1992 No. 68 s 3 sch 1\nom 2000 No. 10 s 183 sch 1\npres s 115 ins 2007 No. 47 s 79A\namd 2013 No. 38 s 14 sch 1\n(sec.115-ssec.1) The commission may provide services to a professional board in relation to a disciplinary proceeding being, or that may be, conducted by the tribunal. The commission might make a lawyer performing work for it under a work performance arrangement available to represent a professional board at a disciplinary proceeding being conducted by the tribunal.\n(sec.115-ssec.2) The commission may enter into arrangements with a professional board about the fees to be paid to the commission for services provided under subsection (1) .\n(sec.115-ssec.3) In this section— disciplinary proceeding means— a disciplinary proceeding under the Architects Act 2002 ; or a disciplinary proceeding under the Professional Engineers Act 2002 . professional board means — the Board of Architects of Queensland established under the Architects Act 2002 ; or the Board of Professional Engineers of Queensland established under the Professional Engineers Act 2002 .\n- (a) a disciplinary proceeding under the Architects Act 2002 ; or\n- (b) a disciplinary proceeding under the Professional Engineers Act 2002 .\n- (a) the Board of Architects of Queensland established under the Architects Act 2002 ; or\n- (b) the Board of Professional Engineers of Queensland established under the Professional Engineers Act 2002 .","sortOrder":564},{"sectionNumber":"sec.115A","sectionType":"section","heading":"Delegations","content":"### sec.115A Delegations\n\nThe board or commissioner may delegate their functions or powers under an Act to an appropriately qualified relevant officer of the commission.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to perform the function or exercise the power.\na person’s seniority level in an entity\ns 115A ins 2013 No. 38 s 9\n(sec.115A-ssec.1) The board or commissioner may delegate their functions or powers under an Act to an appropriately qualified relevant officer of the commission.\n(sec.115A-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function or exercise the power. a person’s seniority level in an entity","sortOrder":565},{"sectionNumber":"sec.115B","sectionType":"section","heading":"Commissioner’s policy","content":"### sec.115B Commissioner’s policy\n\nThe commissioner may make a policy to give guidance about—\ncompliance with this Act; or\nmaking decisions under this Act; or\nconsumers’ and licensees’ rights under this Act; or\nenforcement of this Act.\nHowever, the policy does not take effect until approved by regulation.\nThe commissioner must—\npublish the policy on the commission’s website; and\nkeep copies of the policy available for inspection, free of charge, at the commission’s office when the office is open to the public; and\nif asked, advise where copies of the policy may be obtained.\ns 115B ins 2017 No. 43 s 303\n(sec.115B-ssec.1) The commissioner may make a policy to give guidance about— compliance with this Act; or making decisions under this Act; or consumers’ and licensees’ rights under this Act; or enforcement of this Act.\n(sec.115B-ssec.2) However, the policy does not take effect until approved by regulation.\n(sec.115B-ssec.3) The commissioner must— publish the policy on the commission’s website; and keep copies of the policy available for inspection, free of charge, at the commission’s office when the office is open to the public; and if asked, advise where copies of the policy may be obtained.\n- (a) compliance with this Act; or\n- (b) making decisions under this Act; or\n- (c) consumers’ and licensees’ rights under this Act; or\n- (d) enforcement of this Act.\n- (a) publish the policy on the commission’s website; and\n- (b) keep copies of the policy available for inspection, free of charge, at the commission’s office when the office is open to the public; and\n- (c) if asked, advise where copies of the policy may be obtained.","sortOrder":566},{"sectionNumber":"sec.115C","sectionType":"section","heading":"Approved forms","content":"### sec.115C Approved forms\n\nThe chief executive or commissioner may approve forms for use under this Act.\ns 115C ins 2017 No. 43 s 303A","sortOrder":567},{"sectionNumber":"sec.115D","sectionType":"section","heading":"Review of role of developers","content":"### sec.115D Review of role of developers\n\nThe Minister must ensure a review is conducted of the role of developers in the building and construction industry.\nThe Minister must appoint a panel of not more than 4 appropriately qualified persons to conduct the review.\nThe Minister must give the panel directions or a terms of reference to guide the review.\nThe Minister must table in the Legislative Assembly a report on the outcome of the review as soon as practicable after the review is completed.\ns 115D ins 2020 No. 24 s 123A\n(sec.115D-ssec.1) The Minister must ensure a review is conducted of the role of developers in the building and construction industry.\n(sec.115D-ssec.2) The Minister must appoint a panel of not more than 4 appropriately qualified persons to conduct the review.\n(sec.115D-ssec.3) The Minister must give the panel directions or a terms of reference to guide the review.\n(sec.115D-ssec.4) The Minister must table in the Legislative Assembly a report on the outcome of the review as soon as practicable after the review is completed.","sortOrder":568},{"sectionNumber":"sec.116","sectionType":"section","heading":"Regulations","content":"### sec.116 Regulations\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may—\nprescribe the procedure for, and other matters relating to, the application for, or renewal of, licences under this Act; and\nprescribe the minimum financial requirements for the licences under this Act, including requirements about information that must be prepared or signed by a qualified accountant; and\nset fees payable under this Act and the matters for which the fees are payable; and\nprovide for the refunding of fees in stated circumstances; and\nimpose a penalty of not more than 20 penalty units for a contravention of a provision of the regulation; and\nprovide for the continuing professional development to be undertaken by a building contractor; and\nprovide for the number of demerit points for demerit offences, including by—\nfixing the number of demerit points for any repeat of a demerit offence by a person; or\nfor section 73 —authorising the commission to allocate from 4 to 10 demerit points, having regard to the defective or incomplete building work or consequential damage, or any repeat of the offence by a person.\ns 116 (prev s 115) renum 1992 No. 68 s 3 sch 1\nsub 1994 No. 20 s 3 sch\namd 2003 No. 1 s 42 ; 2007 No. 47 s 80 ; 2014 No. 57 s 58 ; 2017 No. 43 s 304 ; 2020 No. 24 s 124\n(sec.116-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.116-ssec.2) Without limiting subsection (1) , a regulation may— prescribe the procedure for, and other matters relating to, the application for, or renewal of, licences under this Act; and prescribe the minimum financial requirements for the licences under this Act, including requirements about information that must be prepared or signed by a qualified accountant; and set fees payable under this Act and the matters for which the fees are payable; and provide for the refunding of fees in stated circumstances; and impose a penalty of not more than 20 penalty units for a contravention of a provision of the regulation; and provide for the continuing professional development to be undertaken by a building contractor; and provide for the number of demerit points for demerit offences, including by— fixing the number of demerit points for any repeat of a demerit offence by a person; or for section 73 —authorising the commission to allocate from 4 to 10 demerit points, having regard to the defective or incomplete building work or consequential damage, or any repeat of the offence by a person.\n- (aa) prescribe the procedure for, and other matters relating to, the application for, or renewal of, licences under this Act; and\n- (ab) prescribe the minimum financial requirements for the licences under this Act, including requirements about information that must be prepared or signed by a qualified accountant; and\n- (a) set fees payable under this Act and the matters for which the fees are payable; and\n- (b) provide for the refunding of fees in stated circumstances; and\n- (c) impose a penalty of not more than 20 penalty units for a contravention of a provision of the regulation; and\n- (d) provide for the continuing professional development to be undertaken by a building contractor; and\n- (e) provide for the number of demerit points for demerit offences, including by— (i) fixing the number of demerit points for any repeat of a demerit offence by a person; or (ii) for section 73 —authorising the commission to allocate from 4 to 10 demerit points, having regard to the defective or incomplete building work or consequential damage, or any repeat of the offence by a person.\n- (i) fixing the number of demerit points for any repeat of a demerit offence by a person; or\n- (ii) for section 73 —authorising the commission to allocate from 4 to 10 demerit points, having regard to the defective or incomplete building work or consequential damage, or any repeat of the offence by a person.\n- (i) fixing the number of demerit points for any repeat of a demerit offence by a person; or\n- (ii) for section 73 —authorising the commission to allocate from 4 to 10 demerit points, having regard to the defective or incomplete building work or consequential damage, or any repeat of the offence by a person.","sortOrder":569},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Transitional provisions for Act No. 98 of 1991 and amending Acts up to and including Act No. 70 of 1997","content":"# Transitional provisions for Act No. 98 of 1991 and amending Acts up to and including Act No. 70 of 1997","sortOrder":570},{"sectionNumber":"sch.1-sec.1A","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.1A Definitions\n\nIn section 2—\nauthority means the former Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991 , section 5.\nsch 1 s 1A def authority ins 2013 No. 38 s 14 sch 1\nformer board means the Builders’ Registration Board of Queensland established under the repealed Act.\nsch 1 s 1A def former board ins 1993 No. 76 s 3 sch 1\nrepealed Act means the Builders’ Registration and Home-Owners’ Protection Act 1979 .\nsch 1 s 1A def repealed Act ins 1993 No. 76 s 3 sch 1\nsch 1 s 1A ins 1993 No. 76 s 3 sch 1\namd 1997 No. 70 s 3 (2)","sortOrder":571},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Transitional provisions","content":"### sch.1-sec.2 Transitional provisions\n\nThe provisions of the repealed Act about insurance continue to apply, with the changes prescribed by regulation under this Act, to building work started before 1 July 1992 and—\nthe provisions continue to apply to the building work whether the work is carried out before or after the date as if the repealed Act had not been repealed; and\nthe authority may exercise any of the powers of the former board about the insurance.\nInstruments of guarantee and indemnity entered into under section 31(3) of the repealed Act and in force immediately before 1 July 1992 continue to have effect, with all necessary changes and any changes prescribed by regulation under this Act, until the instruments are discharged by the authority.\nWithout limiting subsection (3A), a reference in the instruments to the former board is taken to be a reference to the authority.\nThe instruments guarantee the payment by the guarantors of amounts payable to the authority under—\nsection 70 of the repealed Act because of subsection (3); and\nsection 71 of this Act.\nA house purchaser’s agreement that the former board is taken to have entered into under the repealed Act continues in force for the balance of its term and all rights, duties, obligations and liabilities of the former board under the agreement are taken to be the rights, duties, obligations and liabilities of the authority.\nAn amount paid by the former board under its obligations under section 69 of the repealed Act and not recovered at 1 July 1992—\nis taken to be a debt owing to the authority; and\nthe authority has the same rights under section 71 of this Act as if the amount had been paid by the authority on a claim under the insurance scheme mentioned in that section.\nA direction or order for rectification of building work may be made under this Act in relation to building work, as defined in the repealed Act, carried out before 1 July 1992 by a person who was a registered builder, registered general builder or registered house builder within the meaning of the repealed Act as if references in this Act to a licensed contractor extended to the person.\nAn order in force under section 59 of the repealed Act immediately before the commencement of part 6 is, on the commencement of that part, taken to be a direction under that part.\nThe provisions of the repealed Act relating to building work carried out by owner-builders continue to apply, subject to any adaptations and modifications prescribed under this Act, to any such building work that had been carried out or started before the commencement of part 3 and an approval mentioned in section 53(3) of the repealed Act may be given by the authority.\nA proceeding for an offence against the repealed Act may, subject to the limitation of time prescribed by section 58 of the repealed Act, be brought by a person authorised by the authority, either generally or in the particular case, to bring the proceeding.\nA person who was, immediately before the commencement of part 3, carrying on the business of a class of building work for which a licence is required under this Act, but for which registration was not required under the repealed Act, is taken to be licensed to carry out and supervise that class of building work—\nuntil a day 6 months after the commencement of part 3 or, if another day is fixed by regulation for the purposes of this subsection in relation to the relevant class of building work, that other day; or\nuntil the day the person is granted or refused a licence under this Act;\nwhichever is earlier.\nsch 1 s 2 amd 1992 No. 36 s 2 sch 1 ; 1993 No. 76 s 3 sch 1 ; 9 December 1992 RA s 38; 1994 No. 20 s 3 sch ; 1997 No. 70 s 3 (3)\n(sch.1-sec.2-ssec.3) The provisions of the repealed Act about insurance continue to apply, with the changes prescribed by regulation under this Act, to building work started before 1 July 1992 and— the provisions continue to apply to the building work whether the work is carried out before or after the date as if the repealed Act had not been repealed; and the authority may exercise any of the powers of the former board about the insurance.\n(sch.1-sec.2-ssec.3A) Instruments of guarantee and indemnity entered into under section 31(3) of the repealed Act and in force immediately before 1 July 1992 continue to have effect, with all necessary changes and any changes prescribed by regulation under this Act, until the instruments are discharged by the authority.\n(sch.1-sec.2-ssec.3B) Without limiting subsection (3A), a reference in the instruments to the former board is taken to be a reference to the authority.\n(sch.1-sec.2-ssec.3C) The instruments guarantee the payment by the guarantors of amounts payable to the authority under— section 70 of the repealed Act because of subsection (3); and section 71 of this Act.\n(sch.1-sec.2-ssec.3D) A house purchaser’s agreement that the former board is taken to have entered into under the repealed Act continues in force for the balance of its term and all rights, duties, obligations and liabilities of the former board under the agreement are taken to be the rights, duties, obligations and liabilities of the authority.\n(sch.1-sec.2-ssec.3E) An amount paid by the former board under its obligations under section 69 of the repealed Act and not recovered at 1 July 1992— is taken to be a debt owing to the authority; and the authority has the same rights under section 71 of this Act as if the amount had been paid by the authority on a claim under the insurance scheme mentioned in that section.\n(sch.1-sec.2-ssec.4) A direction or order for rectification of building work may be made under this Act in relation to building work, as defined in the repealed Act, carried out before 1 July 1992 by a person who was a registered builder, registered general builder or registered house builder within the meaning of the repealed Act as if references in this Act to a licensed contractor extended to the person.\n(sch.1-sec.2-ssec.5) An order in force under section 59 of the repealed Act immediately before the commencement of part 6 is, on the commencement of that part, taken to be a direction under that part.\n(sch.1-sec.2-ssec.6) The provisions of the repealed Act relating to building work carried out by owner-builders continue to apply, subject to any adaptations and modifications prescribed under this Act, to any such building work that had been carried out or started before the commencement of part 3 and an approval mentioned in section 53(3) of the repealed Act may be given by the authority.\n(sch.1-sec.2-ssec.7) A proceeding for an offence against the repealed Act may, subject to the limitation of time prescribed by section 58 of the repealed Act, be brought by a person authorised by the authority, either generally or in the particular case, to bring the proceeding.\n(sch.1-sec.2-ssec.8) A person who was, immediately before the commencement of part 3, carrying on the business of a class of building work for which a licence is required under this Act, but for which registration was not required under the repealed Act, is taken to be licensed to carry out and supervise that class of building work— until a day 6 months after the commencement of part 3 or, if another day is fixed by regulation for the purposes of this subsection in relation to the relevant class of building work, that other day; or until the day the person is granted or refused a licence under this Act; whichever is earlier.\n- (a) the provisions continue to apply to the building work whether the work is carried out before or after the date as if the repealed Act had not been repealed; and\n- (b) the authority may exercise any of the powers of the former board about the insurance.\n- (a) section 70 of the repealed Act because of subsection (3); and\n- (b) section 71 of this Act.\n- (a) is taken to be a debt owing to the authority; and\n- (b) the authority has the same rights under section 71 of this Act as if the amount had been paid by the authority on a claim under the insurance scheme mentioned in that section.\n- (a) until a day 6 months after the commencement of part 3 or, if another day is fixed by regulation for the purposes of this subsection in relation to the relevant class of building work, that other day; or\n- (b) until the day the person is granted or refused a licence under this Act;","sortOrder":572},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":null,"content":"### Section sch.1-sec.3\n\nsch 1 s 3 ins 1994 No. 20 s 3 sch\nexp 20 November 1994 (see s 3(4))","sortOrder":573},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"References to repealed Acts","content":"### sch.1-sec.4 References to repealed Acts\n\nA reference in an Act or document to either of the following Acts is taken to be a reference to this Act—\nBuilders’ Registration Act 1971\nBuilders’ Registration and Home-owners’ Protection Act 1979 .\nsch 1 s 4 prev sch 1 s 4 ins 1994 No. 20 s 3 sch\nexp 5 August 1994 (see s 4(4))\npres sch 1 s 4 ins 1994 No. 87 s 3 sch 1\n- • Builders’ Registration Act 1971\n- • Builders’ Registration and Home-owners’ Protection Act 1979 .","sortOrder":574},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"References to registrar/general manager and Home Building Advisory Service","content":"### sch.1-sec.5 References to registrar/general manager and Home Building Advisory Service\n\nIn an Act or document—\na reference to the registrar/general manager of the authority is taken to be a reference to the general manager of the authority; and\na reference to Home Building Advisory Service is taken to be a reference to the authority.\nsch 1 s 5 ins 1994 No. 20 s 3 sch\n- (a) a reference to the registrar/general manager of the authority is taken to be a reference to the general manager of the authority; and\n- (b) a reference to Home Building Advisory Service is taken to be a reference to the authority.","sortOrder":575},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":null,"content":"### Section sch.1-sec.6\n\nsch 1 s 6 ins 1994 No. 20 s 3 sch\nexp 20 May 1994 (see s 6(3))","sortOrder":576},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":null,"content":"### Section sch.1-sec.7\n\nsch 1 s 7 ins 1994 No. 20 s 3 sch\namd 1997 No. 70 s 3 (2) , (4)\nexp 1 October 1998 (see s 7(2))","sortOrder":577},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Validating provisions for Act No. 70 of 1997","content":"# Validating provisions for Act No. 70 of 1997","sortOrder":578},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.8 Definitions\n\nIn this part—\naffected licence means a document purporting to be a licence that—\nwas issued by the authority on or after 1 July 1992 but before the commencement day; and\nwas issued to an individual who did not, or a company in relation to which the company’s nominated supervisor did not, when the document was issued, have the relevant qualifications and experience required by regulation.\nauthority means the former Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991 , section 5.\nsch 1 s 8 def authority ins 2013 No. 38 s 14 sch 1\nbasic compliance period , for a transitional licence, see definition transitional licence .\nbuilding contract means a contract for the carrying out of building work by a person to whom an affected licence has been issued.\ncommencement day , for a provision of this part, means the day on which the provision in which the expression occurs commences.\ncompliance period , for a transitional licence, means—\nthe basic compliance period for the licence; or\nif the authority extended or further extended the period—the period as extended.\nexpired licence means an affected licence to which section 9(3) applies.\nrelevant licensee , for an affected or transitional licence, means the person to whom the licence was issued.\ntransitional licence means an affected licence in relation to which the authority, in issuing the licence—\nindicated to the relevant licensee that the licence was a transitional licence; and\nstated a period (the basic compliance period )—\nas the period for which the licence was issued; and\nin relation to the licensee (for a licence issued to an individual) or the company’s nominated supervisor (for a licence issued to a company)—as the period for the licensee or supervisor to obtain stated qualifications or experience in order to have the relevant qualifications and experience required by regulation.\nsch 1 s 8 ins 1997 No. 70 s 3 (5)\n- (a) was issued by the authority on or after 1 July 1992 but before the commencement day; and\n- (b) was issued to an individual who did not, or a company in relation to which the company’s nominated supervisor did not, when the document was issued, have the relevant qualifications and experience required by regulation.\n- (a) the basic compliance period for the licence; or\n- (b) if the authority extended or further extended the period—the period as extended.\n- (a) indicated to the relevant licensee that the licence was a transitional licence; and\n- (b) stated a period (the basic compliance period )— (i) as the period for which the licence was issued; and (ii) in relation to the licensee (for a licence issued to an individual) or the company’s nominated supervisor (for a licence issued to a company)—as the period for the licensee or supervisor to obtain stated qualifications or experience in order to have the relevant qualifications and experience required by regulation.\n- (i) as the period for which the licence was issued; and\n- (ii) in relation to the licensee (for a licence issued to an individual) or the company’s nominated supervisor (for a licence issued to a company)—as the period for the licensee or supervisor to obtain stated qualifications or experience in order to have the relevant qualifications and experience required by regulation.\n- (i) as the period for which the licence was issued; and\n- (ii) in relation to the licensee (for a licence issued to an individual) or the company’s nominated supervisor (for a licence issued to a company)—as the period for the licensee or supervisor to obtain stated qualifications or experience in order to have the relevant qualifications and experience required by regulation.","sortOrder":579},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Validation of affected licences","content":"### sch.1-sec.9 Validation of affected licences\n\nAn affected licence is taken to be, and at all times to have been, a validly issued licence.\nSubsection (3) applies if—\nbefore the commencement day, an affected licence was suspended, cancelled or surrendered; and\nfor a suspension or cancellation—the decision to suspend or cancel the licence was or is not subsequently annulled or terminated under this Act.\nDespite subsection (1), the licence is taken to have been a validly issued licence only until it was suspended, cancelled or surrendered.\nsch 1 s 9 ins 1997 No. 70 s 3 (5)\n(sch.1-sec.9-ssec.1) An affected licence is taken to be, and at all times to have been, a validly issued licence.\n(sch.1-sec.9-ssec.2) Subsection (3) applies if— before the commencement day, an affected licence was suspended, cancelled or surrendered; and for a suspension or cancellation—the decision to suspend or cancel the licence was or is not subsequently annulled or terminated under this Act.\n(sch.1-sec.9-ssec.3) Despite subsection (1), the licence is taken to have been a validly issued licence only until it was suspended, cancelled or surrendered.\n- (a) before the commencement day, an affected licence was suspended, cancelled or surrendered; and\n- (b) for a suspension or cancellation—the decision to suspend or cancel the licence was or is not subsequently annulled or terminated under this Act.","sortOrder":580},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Period of effect of transitional licences—compliance period ended","content":"### sch.1-sec.10 Period of effect of transitional licences—compliance period ended\n\nThis section applies to a transitional licence if—\nthe licence is not an expired licence; and\nthe compliance period for the licence ended before the commencement day.\nThe licence is taken to have remained in force for the period starting when the compliance period ended and ending on the day before the commencement day.\nAlso, the licence remains in force, subject to this Act, until the end of the period of 3 months starting on the commencement day.\nSubsection (6) applies if—\nbefore the commencement day, the relevant licensee entered into a building contract; and\nneither of the following things happens before the end of the period of 3 months mentioned in subsection (3)—\npractical completion under the contract;\ntermination of the contract.\nHowever, subsection (6) applies only for the contract or contracts to which it relates.\nDespite subsection (3), the licence remains in force, subject to this Act—\nif, by the application of subsection (4), there is only 1 contract involved—until one of the following things happens—\nthe stage of practical completion is reached under the contract;\nthe contract is terminated; or\nif, by the application of subsection (4), there is more than 1 contract involved—until there is no contract either under which the stage of practical completion has not been reached or that has not been terminated.\nsch 1 s 10 ins 1997 No. 70 s 3 (5)\n(sch.1-sec.10-ssec.1) This section applies to a transitional licence if— the licence is not an expired licence; and the compliance period for the licence ended before the commencement day.\n(sch.1-sec.10-ssec.2) The licence is taken to have remained in force for the period starting when the compliance period ended and ending on the day before the commencement day.\n(sch.1-sec.10-ssec.3) Also, the licence remains in force, subject to this Act, until the end of the period of 3 months starting on the commencement day.\n(sch.1-sec.10-ssec.4) Subsection (6) applies if— before the commencement day, the relevant licensee entered into a building contract; and neither of the following things happens before the end of the period of 3 months mentioned in subsection (3)— practical completion under the contract; termination of the contract.\n(sch.1-sec.10-ssec.5) However, subsection (6) applies only for the contract or contracts to which it relates.\n(sch.1-sec.10-ssec.6) Despite subsection (3), the licence remains in force, subject to this Act— if, by the application of subsection (4), there is only 1 contract involved—until one of the following things happens— the stage of practical completion is reached under the contract; the contract is terminated; or if, by the application of subsection (4), there is more than 1 contract involved—until there is no contract either under which the stage of practical completion has not been reached or that has not been terminated.\n- (a) the licence is not an expired licence; and\n- (b) the compliance period for the licence ended before the commencement day.\n- (a) before the commencement day, the relevant licensee entered into a building contract; and\n- (b) neither of the following things happens before the end of the period of 3 months mentioned in subsection (3)— (i) practical completion under the contract; (ii) termination of the contract.\n- (i) practical completion under the contract;\n- (ii) termination of the contract.\n- (i) practical completion under the contract;\n- (ii) termination of the contract.\n- (a) if, by the application of subsection (4), there is only 1 contract involved—until one of the following things happens— (i) the stage of practical completion is reached under the contract; (ii) the contract is terminated; or\n- (i) the stage of practical completion is reached under the contract;\n- (ii) the contract is terminated; or\n- (b) if, by the application of subsection (4), there is more than 1 contract involved—until there is no contract either under which the stage of practical completion has not been reached or that has not been terminated.\n- (i) the stage of practical completion is reached under the contract;\n- (ii) the contract is terminated; or","sortOrder":581},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Period of effect of transitional licences—compliance period current","content":"### sch.1-sec.11 Period of effect of transitional licences—compliance period current\n\nThis section applies to a transitional licence if—\nthe licence is not an expired licence; and\nthe compliance period for the licence has not ended before the commencement day.\nThe licence remains in force, subject to this Act, until the later of the following—\nthe end of the compliance period;\nthe end of the period of 3 months starting on the commencement day.\nSubsection (5) applies if—\nbefore the commencement day, the relevant licensee entered into a building contract; and\nneither of the following things happens before the end of the period for which the licence remains in force under subsection (2)—\npractical completion under the contract;\ntermination of the contract.\nHowever, subsection (5) applies only for the contract or contracts to which it relates.\nDespite subsection (2), the licence remains in force, subject to this Act—\nif, by the application of subsection (3), there is only 1 contract involved—until one of the following things happens—\nthe stage of practical completion is reached under the contract;\nthe contract is terminated; or\nif, by the application of subsection (3), there is more than 1 contract involved—until there is no contract either under which the stage of practical completion has not been reached or that has not been terminated.\nsch 1 s 11 ins 1997 No. 70 s 3 (5)\n(sch.1-sec.11-ssec.1) This section applies to a transitional licence if— the licence is not an expired licence; and the compliance period for the licence has not ended before the commencement day.\n(sch.1-sec.11-ssec.2) The licence remains in force, subject to this Act, until the later of the following— the end of the compliance period; the end of the period of 3 months starting on the commencement day.\n(sch.1-sec.11-ssec.3) Subsection (5) applies if— before the commencement day, the relevant licensee entered into a building contract; and neither of the following things happens before the end of the period for which the licence remains in force under subsection (2)— practical completion under the contract; termination of the contract.\n(sch.1-sec.11-ssec.4) However, subsection (5) applies only for the contract or contracts to which it relates.\n(sch.1-sec.11-ssec.5) Despite subsection (2), the licence remains in force, subject to this Act— if, by the application of subsection (3), there is only 1 contract involved—until one of the following things happens— the stage of practical completion is reached under the contract; the contract is terminated; or if, by the application of subsection (3), there is more than 1 contract involved—until there is no contract either under which the stage of practical completion has not been reached or that has not been terminated.\n- (a) the licence is not an expired licence; and\n- (b) the compliance period for the licence has not ended before the commencement day.\n- (a) the end of the compliance period;\n- (b) the end of the period of 3 months starting on the commencement day.\n- (a) before the commencement day, the relevant licensee entered into a building contract; and\n- (b) neither of the following things happens before the end of the period for which the licence remains in force under subsection (2)— (i) practical completion under the contract; (ii) termination of the contract.\n- (i) practical completion under the contract;\n- (ii) termination of the contract.\n- (i) practical completion under the contract;\n- (ii) termination of the contract.\n- (a) if, by the application of subsection (3), there is only 1 contract involved—until one of the following things happens— (i) the stage of practical completion is reached under the contract; (ii) the contract is terminated; or\n- (i) the stage of practical completion is reached under the contract;\n- (ii) the contract is terminated; or\n- (b) if, by the application of subsection (3), there is more than 1 contract involved—until there is no contract either under which the stage of practical completion has not been reached or that has not been terminated.\n- (i) the stage of practical completion is reached under the contract;\n- (ii) the contract is terminated; or","sortOrder":582},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Condition of transitional licences","content":"### sch.1-sec.12 Condition of transitional licences\n\nThis section applies to a transitional licence that is not an expired licence.\nThe licence is subject to a condition that the relevant licensee must not, while the licence remains in force under section 10 or 11, enter into a building contract on the basis of being a licensee under the licence.\nThe authority must promptly give written notice of the condition to the relevant licensee.\nA failure by the authority to comply with subsection (3) does not affect the effectiveness of the condition.\nsch 1 s 12 ins 1997 No. 70 s 3 (5)\n(sch.1-sec.12-ssec.1) This section applies to a transitional licence that is not an expired licence.\n(sch.1-sec.12-ssec.2) The licence is subject to a condition that the relevant licensee must not, while the licence remains in force under section 10 or 11, enter into a building contract on the basis of being a licensee under the licence.\n(sch.1-sec.12-ssec.3) The authority must promptly give written notice of the condition to the relevant licensee.\n(sch.1-sec.12-ssec.4) A failure by the authority to comply with subsection (3) does not affect the effectiveness of the condition.","sortOrder":583},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Transitional provisions for Queensland Building Services Authority Amendment Act 1999","content":"# Transitional provisions for Queensland Building Services Authority Amendment Act 1999","sortOrder":584},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Existing board goes out of office","content":"### sch.1-sec.13 Existing board goes out of office\n\nOn the commencement of this section, the members of the board in office immediately before the commencement go out of office.\nsch 1 s 13 ins 1999 No. 43 s 38 (3)","sortOrder":585},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Transitional provisions for GST and Related Matters Act 2000","content":"# Transitional provisions for GST and Related Matters Act 2000","sortOrder":586},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Residential construction work for s 71","content":"### sch.1-sec.14 Residential construction work for s 71\n\nFor applying section 71(2)(a)(iii) to (vi), the relevant residential construction work mentioned in section 71(2)(a) does not include relevant residential construction work that was the subject of a contract entered into before 1 July 2000.\nsch 1 s 14 ins 2000 No. 20 s 29 sch 3","sortOrder":587},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Building work for s 72","content":"### sch.1-sec.15 Building work for s 72\n\nFor applying section 72(5)(ba) to (bd), the building work mentioned in section 72(5) does not include building work that was the subject of a contract entered into before 1 July 2000.\nsch 1 s 15 ins 2000 No. 20 s 29 sch 3","sortOrder":588},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Delayed operation of definition building work , para (g)","content":"### sch.1-sec.16 Delayed operation of definition building work , para (g)\n\nDespite schedule 2, definition building work , paragraph (g), until the end of 31 December 2000, building work under this Act is taken not to include the installation, maintenance, or certification of the installation or maintenance, of a fire protection system for a commercial or residential building.\nsch 1 s 16 ins 2000 No. 20 s 29 sch 3","sortOrder":589},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Validating and transitional provisions for Queensland Building Services Authority and Other Legislation Amendment Act 2003","content":"# Validating and transitional provisions for Queensland Building Services Authority and Other Legislation Amendment Act 2003","sortOrder":590},{"sectionNumber":"sch.1-pt.5-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":591},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Definitions for pt 5","content":"### sch.1-sec.17 Definitions for pt 5\n\nIn this part—\nauthority means the former Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991 , section 5.\nsch 1 s 17 def authority ins 2013 No. 38 s 14 sch 1\nboard means the former Queensland Building Services Board established under the Queensland Building Services Authority Act 1991 , section 8.\nsch 1 s 17 def board ins 2013 No. 38 s 14 sch 1\nthe regulation means the Queensland Building Services Authority Regulation 1992 .\nsch 1 s 17 ins 2003 No. 1 s 43","sortOrder":592},{"sectionNumber":"sch.1-pt.5-div.2","sectionType":"division","heading":"Provision about financial requirements","content":"## Provision about financial requirements","sortOrder":593},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Validation of provisions about financial requirements","content":"### sch.1-sec.18 Validation of provisions about financial requirements\n\nThis section applies to section 7 of the regulation as in force, or purporting to be in force, before 1 October 1999 and section 7A of the regulation as in force, or purporting to be in force, before 19 November 1993 so far as the sections related to financial requirements.\nThe sections are taken to have been valid at all times and to have imposed financial requirements under section 31 of the Act as in force at a time mentioned in subsection (1).\nWithout limiting subsection (2), the authority and board are taken to have had the power to make the determinations and policies mentioned in the sections of the regulation.\nsch 1 s 18 ins 2003 No. 1 s 43\n(sch.1-sec.18-ssec.1) This section applies to section 7 of the regulation as in force, or purporting to be in force, before 1 October 1999 and section 7A of the regulation as in force, or purporting to be in force, before 19 November 1993 so far as the sections related to financial requirements.\n(sch.1-sec.18-ssec.2) The sections are taken to have been valid at all times and to have imposed financial requirements under section 31 of the Act as in force at a time mentioned in subsection (1).\n(sch.1-sec.18-ssec.3) Without limiting subsection (2), the authority and board are taken to have had the power to make the determinations and policies mentioned in the sections of the regulation.","sortOrder":594},{"sectionNumber":"sch.1-pt.5-div.3","sectionType":"division","heading":"Terms of insurance policies","content":"## Terms of insurance policies","sortOrder":595},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Validation of provision about terms of insurance policy","content":"### sch.1-sec.19 Validation of provision about terms of insurance policy\n\nThis section applies to section 24 of the regulation as in force, or purporting to be in force, before the commencement of this section.\nThe section is taken to have been valid at all times including for the purpose of prescribing the terms of a policy of insurance under section 69 (2) of the Act as in force at a time mentioned in subsection (1).\nWithout limiting subsection (2), the board is taken to have had the power to make the policies mentioned in the section of the regulation.\nsch 1 s 19 ins 2003 No. 1 s 43\n(sch.1-sec.19-ssec.1) This section applies to section 24 of the regulation as in force, or purporting to be in force, before the commencement of this section.\n(sch.1-sec.19-ssec.2) The section is taken to have been valid at all times including for the purpose of prescribing the terms of a policy of insurance under section 69 (2) of the Act as in force at a time mentioned in subsection (1).\n(sch.1-sec.19-ssec.3) Without limiting subsection (2), the board is taken to have had the power to make the policies mentioned in the section of the regulation.","sortOrder":596},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Existing policies apply for amended s 69(2)","content":"### sch.1-sec.20 Existing policies apply for amended s 69(2)\n\nBoard policies in force, or purporting to be in force, immediately before the commencement of this section for the purpose of section 24 of the regulation continue in force for the purpose of section 69 (2) of the Act as amended by the Queensland Building Services Authority and Other Legislation Amendment Act 2003 .\nSubsection (1) does not prevent the board amending or repealing the policies.\nsch 1 s 20 ins 2003 No. 1 s 43\n(sch.1-sec.20-ssec.1) Board policies in force, or purporting to be in force, immediately before the commencement of this section for the purpose of section 24 of the regulation continue in force for the purpose of section 69 (2) of the Act as amended by the Queensland Building Services Authority and Other Legislation Amendment Act 2003 .\n(sch.1-sec.20-ssec.2) Subsection (1) does not prevent the board amending or repealing the policies.","sortOrder":597},{"sectionNumber":"sch.1-pt.5-div.4","sectionType":"division","heading":"Licence classes and qualifications and experience","content":"## Licence classes and qualifications and experience","sortOrder":598},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Validation of sch 2, pt 25 of the regulation etc.","content":"### sch.1-sec.21 Validation of sch 2, pt 25 of the regulation etc.\n\nThis section applies to schedule 2, part 25 of the regulation as in force, or purporting to be in force, before the commencement of the Queensland Building Services Authority Amendment Regulation (No. 2) 2002 .\nThe part is taken to have been valid at all times before the commencement of the Queensland Building Services Authority Amendment Regulation (No. 2) 2002 for the purpose of specifying a class of building work by regulation under section 30 (2) of the Act and having stated the qualifications and experience required by regulation under section 31 (1) (b) or 32 (b) of the Act .\nWithout limiting subsection (2), the authority is taken to have had the power to give the directions mentioned in the part and to make decisions for deciding qualifications and experience requirements for the part.\nA board policy, or purported board policy, giving a direction or containing a decision about scope of work, qualifications or experience requirements is taken, for this section, to have been a direction or decision of the authority given for the part.\nsch 1 s 21 ins 2003 No. 1 s 43\n(sch.1-sec.21-ssec.1) This section applies to schedule 2, part 25 of the regulation as in force, or purporting to be in force, before the commencement of the Queensland Building Services Authority Amendment Regulation (No. 2) 2002 .\n(sch.1-sec.21-ssec.2) The part is taken to have been valid at all times before the commencement of the Queensland Building Services Authority Amendment Regulation (No. 2) 2002 for the purpose of specifying a class of building work by regulation under section 30 (2) of the Act and having stated the qualifications and experience required by regulation under section 31 (1) (b) or 32 (b) of the Act .\n(sch.1-sec.21-ssec.3) Without limiting subsection (2), the authority is taken to have had the power to give the directions mentioned in the part and to make decisions for deciding qualifications and experience requirements for the part.\n(sch.1-sec.21-ssec.4) A board policy, or purported board policy, giving a direction or containing a decision about scope of work, qualifications or experience requirements is taken, for this section, to have been a direction or decision of the authority given for the part.","sortOrder":599},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Transitional provision for licences valid","content":"### sch.1-sec.22 Transitional provision for licences valid\n\nSection 35 of the regulation as inserted by the Queensland Building Services Authority Amendment Regulation (No. 2) 2002 is taken to have been valid for the purpose mentioned in the section.\nsch 1 s 22 ins 2003 No. 1 s 43","sortOrder":600},{"sectionNumber":"sch.1-pt.5-div.5","sectionType":"division","heading":"Non-trading licences","content":"## Non-trading licences","sortOrder":601},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Definition for div 5","content":"### sch.1-sec.23 Definition for div 5\n\nIn this division—\nnon-trading licence means an instrument purporting to be a contractor’s licence issued or renewed by the authority, in the period starting on 19 November 1999 and ending immediately before 27 August 2001, stating that it was a non-trading licence or containing an expression indicating that it was a non-trading licence.\na contractor’s licence containing the expression ‘NTL’\nsch 1 s 23 ins 2003 No. 1 s 43","sortOrder":602},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Non-trading licence taken to be valid","content":"### sch.1-sec.24 Non-trading licence taken to be valid\n\nA non-trading licence is taken to have been and to be a valid contractors licence subject to a valid condition under section 35 or 36 of the Act that the licensee must not carry out, undertake to carry out or supervise the carrying out of building work.\nIf the authority removed or removes the statement or expression on the licence stating or indicating that it was a non-trading licence, the authority is taken to have validly revoked the condition.\nsch 1 s 24 ins 2003 No. 1 s 43\n(sch.1-sec.24-ssec.1) A non-trading licence is taken to have been and to be a valid contractors licence subject to a valid condition under section 35 or 36 of the Act that the licensee must not carry out, undertake to carry out or supervise the carrying out of building work.\n(sch.1-sec.24-ssec.2) If the authority removed or removes the statement or expression on the licence stating or indicating that it was a non-trading licence, the authority is taken to have validly revoked the condition.","sortOrder":603},{"sectionNumber":"sch.1-pt.5-div.6","sectionType":"division","heading":"Courses of instruction for owner-builders","content":"## Courses of instruction for owner-builders","sortOrder":604},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Validation of provision about courses of instruction for owner-builders","content":"### sch.1-sec.25 Validation of provision about courses of instruction for owner-builders\n\nThis section applies to section 13(4) and (5) of the regulation as in force, or purporting to be in force, before the commencement of this section.\nSection 13(4) and (5) are taken to have been, and to be, valid at all times including for the purpose of specifying a course of instruction under section 44 (3) of the Act .\nWithout limiting subsection (2), the board is taken to have had the power to make the policies mentioned in section 13(4) and (5) of the regulation.\nsch 1 s 25 ins 2003 No. 1 s 43\n(sch.1-sec.25-ssec.1) This section applies to section 13(4) and (5) of the regulation as in force, or purporting to be in force, before the commencement of this section.\n(sch.1-sec.25-ssec.2) Section 13(4) and (5) are taken to have been, and to be, valid at all times including for the purpose of specifying a course of instruction under section 44 (3) of the Act .\n(sch.1-sec.25-ssec.3) Without limiting subsection (2), the board is taken to have had the power to make the policies mentioned in section 13(4) and (5) of the regulation.","sortOrder":605},{"sectionNumber":"sch.1-pt.5-div.7","sectionType":"division","heading":"Board’s policies","content":"## Board’s policies","sortOrder":606},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Certain board’s policies continue in force","content":"### sch.1-sec.26 Certain board’s policies continue in force\n\nThe board’s policies that are general policies in force under the Act before amendment—\ncontinue in force as board’s policies under the Act after amendment; and\nmay be reviewed by the board and amended or repealed as if they were made under section 9A of the Act after amendment.\nThe board’s policies that are supervision policies continue in force only until the commencement of section 17 of the amendment Act.\nIn this section—\nAct after amendment means the Queensland Building Services Authority Act 1991 as in force immediately after the commencement of section 6 of the amendment Act.\nAct before amendment means the Queensland Building Services Authority Act 1991 as in force immediately before the commencement of section 6 of the amendment Act.\namendment Act means the Queensland Building Services Authority and Other Legislation Amendment Act 2003 .\nsch 1 s 26 ins 2003 No. 1 s 43\n(sch.1-sec.26-ssec.1) The board’s policies that are general policies in force under the Act before amendment— continue in force as board’s policies under the Act after amendment; and may be reviewed by the board and amended or repealed as if they were made under section 9A of the Act after amendment.\n(sch.1-sec.26-ssec.2) The board’s policies that are supervision policies continue in force only until the commencement of section 17 of the amendment Act.\n(sch.1-sec.26-ssec.3) In this section— Act after amendment means the Queensland Building Services Authority Act 1991 as in force immediately after the commencement of section 6 of the amendment Act. Act before amendment means the Queensland Building Services Authority Act 1991 as in force immediately before the commencement of section 6 of the amendment Act. amendment Act means the Queensland Building Services Authority and Other Legislation Amendment Act 2003 .\n- (a) continue in force as board’s policies under the Act after amendment; and\n- (b) may be reviewed by the board and amended or repealed as if they were made under section 9A of the Act after amendment.","sortOrder":607},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"Transitional provisions for the Building and Construction Industry Payments Act 2004","content":"# Transitional provisions for the Building and Construction Industry Payments Act 2004","sortOrder":608},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Definitions for pt 6","content":"### sch.1-sec.27 Definitions for pt 6\n\nIn this part—\ncommencement means the commencement of this part.\nformer provisions means sections 67H, 67I, 67J, 67Q, 67U and 67W, as in force before the commencement.\nsch 1 s 27 ins 2004 No. 6 s 113 sch 1","sortOrder":609},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Application of former provisions to existing building contracts","content":"### sch.1-sec.28 Application of former provisions to existing building contracts\n\nThe former provisions continue to apply to building contracts entered into before the commencement as if the Building and Construction Industry Payments Act 2004 , schedule 1 had not commenced.\nsch 1 s 28 ins 2004 No. 6 s 113 sch 1","sortOrder":610},{"sectionNumber":"sch.1-pt.7","sectionType":"part","heading":"Transitional provisions for Statutory Bodies Legislation Amendment Act 2007","content":"# Transitional provisions for Statutory Bodies Legislation Amendment Act 2007","sortOrder":611},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Rights and entitlements of particular employees","content":"### sch.1-sec.29 Rights and entitlements of particular employees\n\nThis section applies to a person who—\nbecomes an employee of the employing office; and\nwas an employee of the authority—\nimmediately before the commencement of this section; and\nimmediately before becoming an employee of the employing office.\nOn becoming an employee of the employing office, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, immediately before the person became an employee of the employing office, if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).\nAlso—\nthe person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that—\nhave accrued or were accruing to the person as an employee of the authority; and\nwould have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and\nif the person is a member of a superannuation scheme—\nthe person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\nthe person’s membership of the scheme is not affected.\nWithout limiting subsection (3), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by the authority.\nIf the person was a seconded employee immediately before becoming an employee of the employing office, the arrangement under which the person was performing work for a government entity other than the authority may continue until the arrangement ends, and, if the arrangement does continue—\nsubsection (2) does not apply to the person; and\non the ending of the arrangement, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, on the ending of the arrangement, if—\nthe person had continued to be an employee of the authority; and\nthe authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).\nSubsections (2) and (5)(b) do not limit section 29F (3) and (4) of the Act .\nIn this section—\nauthority means the former Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991 , section 5.\nemployee of the authority includes a seconded employee.\nseconded employee means an employee of the authority performing work for another government entity under an arrangement entered into, before the commencement of this section, by the authority with the appropriate authority of the other government entity.\nsch 1 s 29 ins 2007 No. 20 s 58\namd 2013 No. 38 s 14 sch 1\n(sch.1-sec.29-ssec.1) This section applies to a person who— becomes an employee of the employing office; and was an employee of the authority— immediately before the commencement of this section; and immediately before becoming an employee of the employing office.\n(sch.1-sec.29-ssec.2) On becoming an employee of the employing office, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, immediately before the person became an employee of the employing office, if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).\n(sch.1-sec.29-ssec.3) Also— the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— have accrued or were accruing to the person as an employee of the authority; and would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and if the person is a member of a superannuation scheme— the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and the person’s membership of the scheme is not affected.\n(sch.1-sec.29-ssec.4) Without limiting subsection (3), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by the authority.\n(sch.1-sec.29-ssec.5) If the person was a seconded employee immediately before becoming an employee of the employing office, the arrangement under which the person was performing work for a government entity other than the authority may continue until the arrangement ends, and, if the arrangement does continue— subsection (2) does not apply to the person; and on the ending of the arrangement, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, on the ending of the arrangement, if— the person had continued to be an employee of the authority; and the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).\n(sch.1-sec.29-ssec.6) Subsections (2) and (5)(b) do not limit section 29F (3) and (4) of the Act .\n(sch.1-sec.29-ssec.7) In this section— authority means the former Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991 , section 5. employee of the authority includes a seconded employee. seconded employee means an employee of the authority performing work for another government entity under an arrangement entered into, before the commencement of this section, by the authority with the appropriate authority of the other government entity.\n- (a) becomes an employee of the employing office; and\n- (b) was an employee of the authority— (i) immediately before the commencement of this section; and (ii) immediately before becoming an employee of the employing office.\n- (i) immediately before the commencement of this section; and\n- (ii) immediately before becoming an employee of the employing office.\n- (i) immediately before the commencement of this section; and\n- (ii) immediately before becoming an employee of the employing office.\n- (a) the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— (i) have accrued or were accruing to the person as an employee of the authority; and (ii) would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and\n- (i) have accrued or were accruing to the person as an employee of the authority; and\n- (ii) would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and\n- (b) if the person is a member of a superannuation scheme— (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and (ii) the person’s membership of the scheme is not affected.\n- (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\n- (ii) the person’s membership of the scheme is not affected.\n- (i) have accrued or were accruing to the person as an employee of the authority; and\n- (ii) would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and\n- (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\n- (ii) the person’s membership of the scheme is not affected.\n- (a) subsection (2) does not apply to the person; and\n- (b) on the ending of the arrangement, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, on the ending of the arrangement, if— (i) the person had continued to be an employee of the authority; and (ii) the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).\n- (i) the person had continued to be an employee of the authority; and\n- (ii) the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).\n- (i) the person had continued to be an employee of the authority; and\n- (ii) the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).","sortOrder":612},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Application of industrial instruments","content":"### sch.1-sec.30 Application of industrial instruments\n\nThe employing office is taken to be bound by the industrial instruments that bound the authority immediately before it became an employer under the Workplace Relations Act 1996 (Cwlth).\nsch 1 s 30 ins 2007 No. 20 s 58","sortOrder":613},{"sectionNumber":"sch.1-pt.8","sectionType":"part","heading":"Transitional provisions for Queensland Building Services Authority and Other Legislation Amendment Act 2007","content":"# Transitional provisions for Queensland Building Services Authority and Other Legislation Amendment Act 2007","sortOrder":614},{"sectionNumber":"sch.1-sec.31","sectionType":"section","heading":"Transitional provisions for existing supervisors’ licences","content":"### sch.1-sec.31 Transitional provisions for existing supervisors’ licences\n\nThis section applies to a licensee who at the commencement of this section holds a supervisor’s licence.\nThe licensee is taken to hold a nominee supervisor’s licence for the classes of building work to which the supervisor’s licence applies.\nIn this section—\nsupervisor’s licence means a licence authorising the licensee to supervise (but not to carry out) building work.\nsch 1 s 31 ins 2007 No. 47 s 81\n(sch.1-sec.31-ssec.1) This section applies to a licensee who at the commencement of this section holds a supervisor’s licence.\n(sch.1-sec.31-ssec.2) The licensee is taken to hold a nominee supervisor’s licence for the classes of building work to which the supervisor’s licence applies.\n(sch.1-sec.31-ssec.3) In this section— supervisor’s licence means a licence authorising the licensee to supervise (but not to carry out) building work.","sortOrder":615},{"sectionNumber":"sch.1-sec.32","sectionType":"section","heading":"Transitional qualifications for site supervisors’ licences","content":"### sch.1-sec.32 Transitional qualifications for site supervisors’ licences\n\nThis section applies if a person who does not have the required qualifications applies for a site supervisor’s licence during the transitional period.\nThe authority may grant the application even though the applicant does not have the required qualifications for the licence if —\nthe authority has sighted a declaration by a licensed contractor stating that—\nthe applicant has carried out building work as an officer or employee of the contractor for a period of not less than 12 months; and\nthe contractor has had an opportunity to assess the skills of the applicant during the period; and\nthe contractor is satisfied that the applicant has the skills to carry out the duties of a site supervisor for a licence of the class applied for; and\nthe authority is satisfied that the applicant has the skills to be a site supervisor for that class.\nIf the licensed contractor is a company, the declaration must be by the company’s nominee.\nNothing in this section limits the powers the authority may exercise under section 33(2) or (3).\nIn this section—\nrequired qualifications means the qualifications required for a site supervisor’s licence under section 32AA.\ntransitional period means the period of 1 year from the commencement of section 30B.\nsch 1 s 32 ins 2007 No. 47 s 81\n(sch.1-sec.32-ssec.1) This section applies if a person who does not have the required qualifications applies for a site supervisor’s licence during the transitional period.\n(sch.1-sec.32-ssec.2) The authority may grant the application even though the applicant does not have the required qualifications for the licence if — the authority has sighted a declaration by a licensed contractor stating that— the applicant has carried out building work as an officer or employee of the contractor for a period of not less than 12 months; and the contractor has had an opportunity to assess the skills of the applicant during the period; and the contractor is satisfied that the applicant has the skills to carry out the duties of a site supervisor for a licence of the class applied for; and the authority is satisfied that the applicant has the skills to be a site supervisor for that class.\n(sch.1-sec.32-ssec.3) If the licensed contractor is a company, the declaration must be by the company’s nominee.\n(sch.1-sec.32-ssec.4) Nothing in this section limits the powers the authority may exercise under section 33(2) or (3).\n(sch.1-sec.32-ssec.5) In this section— required qualifications means the qualifications required for a site supervisor’s licence under section 32AA. transitional period means the period of 1 year from the commencement of section 30B.\n- (a) the authority has sighted a declaration by a licensed contractor stating that— (i) the applicant has carried out building work as an officer or employee of the contractor for a period of not less than 12 months; and (ii) the contractor has had an opportunity to assess the skills of the applicant during the period; and (iii) the contractor is satisfied that the applicant has the skills to carry out the duties of a site supervisor for a licence of the class applied for; and\n- (i) the applicant has carried out building work as an officer or employee of the contractor for a period of not less than 12 months; and\n- (ii) the contractor has had an opportunity to assess the skills of the applicant during the period; and\n- (iii) the contractor is satisfied that the applicant has the skills to carry out the duties of a site supervisor for a licence of the class applied for; and\n- (b) the authority is satisfied that the applicant has the skills to be a site supervisor for that class.\n- (i) the applicant has carried out building work as an officer or employee of the contractor for a period of not less than 12 months; and\n- (ii) the contractor has had an opportunity to assess the skills of the applicant during the period; and\n- (iii) the contractor is satisfied that the applicant has the skills to carry out the duties of a site supervisor for a licence of the class applied for; and","sortOrder":616},{"sectionNumber":"sch.1-sec.33","sectionType":"section","heading":"Transitional provision for fire protection occupational licences","content":"### sch.1-sec.33 Transitional provision for fire protection occupational licences\n\nSections 42C and 42D do not apply to anything happening before 2 years from the commencement of section 30C.\nsch 1 s 33 ins 2007 No. 47 s 81","sortOrder":617},{"sectionNumber":"sch.1-sec.34","sectionType":"section","heading":"Transitional provision for certain fire protection work","content":"### sch.1-sec.34 Transitional provision for certain fire protection work\n\nSection 42 does not apply to the following building work until 2 years after the commencement of this section—\nthe design of a fire protection system;\nthe development, approval or certification of emergency evacuation procedures for a controlled evacuation during a fire emergency;\nthe formulation or provision of alternative solutions relating to fire safety;\nthe inspection or investigation of, and the provision of advice or a report about compliance with the Building Act 1975 or the Building Code of Australia relating to fire safety.\nsch 1 s 34 ins 2007 No. 47 s 81\n- (a) the design of a fire protection system;\n- (b) the development, approval or certification of emergency evacuation procedures for a controlled evacuation during a fire emergency;\n- (c) the formulation or provision of alternative solutions relating to fire safety;\n- (d) the inspection or investigation of, and the provision of advice or a report about compliance with the Building Act 1975 or the Building Code of Australia relating to fire safety.","sortOrder":618},{"sectionNumber":"sch.1-sec.35","sectionType":"section","heading":"Transitional provision for photograph on licence","content":"### sch.1-sec.35 Transitional provision for photograph on licence\n\nSubsection (2) applies to the grant or renewal of a licence that happens before 2 years from the commencement of this section.\nThe licence may, or may not, contain a recent photograph of the licensee.\nsch 1 s 35 ins 2007 No. 47 s 81\n(sch.1-sec.35-ssec.1) Subsection (2) applies to the grant or renewal of a licence that happens before 2 years from the commencement of this section.\n(sch.1-sec.35-ssec.2) The licence may, or may not, contain a recent photograph of the licensee.","sortOrder":619},{"sectionNumber":"sch.1-sec.36","sectionType":"section","heading":"Transitional provision for continuation of register of licensees","content":"### sch.1-sec.36 Transitional provision for continuation of register of licensees\n\nThe register of licensees under section 39, as in force immediately before the commencement of section 99, continues as the licensee register under section 99.\nThe authority may continue to exercise its powers under part 8 in relation to the licensee register.\nsch 1 s 36 ins 2007 No. 47 s 81\n(sch.1-sec.36-ssec.1) The register of licensees under section 39, as in force immediately before the commencement of section 99, continues as the licensee register under section 99.\n(sch.1-sec.36-ssec.2) The authority may continue to exercise its powers under part 8 in relation to the licensee register.","sortOrder":620},{"sectionNumber":"sch.1-pt.9","sectionType":"part","heading":"Transitional provisions for Queensland Building Services Authority Amendment Act 2013","content":"# Transitional provisions for Queensland Building Services Authority Amendment Act 2013","sortOrder":621},{"sectionNumber":"sch.1-pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":622},{"sectionNumber":"sch.1-sec.37","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.37 Definitions\n\nIn this part—\namending Act means the Queensland Building Services Authority Amendment Act 2013 .\ntransfer day means the day the amending Act, section 5 commences.\ndocument includes a policy of the former board.\nformer authority means the former Queensland Building Services Authority established under the QBSA Act.\nformer board means the Queensland Building Services Board established under the QBSA Act.\ngeneral manager means the person holding the office under the QBSA Act immediately before the transfer day.\nQBSA Act means this Act as in force immediately before its amendment under the amending Act, section 5.\nsch 1 s 37 ins 2013 No. 38 s 10","sortOrder":623},{"sectionNumber":"sch.1-pt.9-div.2","sectionType":"division","heading":"Dissolutions","content":"## Dissolutions","sortOrder":624},{"sectionNumber":"sch.1-sec.38","sectionType":"section","heading":"Dissolutions","content":"### sch.1-sec.38 Dissolutions\n\nOn the transfer day the following end or cease to exist—\nthe former authority;\nthe former board;\nthe appointment of the members of the former board;\noffice of the general manager;\nthe general manager’s employment.\nsch 1 s 38 ins 2013 No. 38 s 10\n- (a) the former authority;\n- (b) the former board;\n- (c) the appointment of the members of the former board;\n- (d) office of the general manager;\n- (e) the general manager’s employment.","sortOrder":625},{"sectionNumber":"sch.1-sec.39","sectionType":"section","heading":"No compensation because of dissolutions","content":"### sch.1-sec.39 No compensation because of dissolutions\n\nNo amount, whether by way of compensation, reimbursement or otherwise, is payable by the State or the commission to any person for or in connection with the enactment of section 38.\nHowever, to avoid any doubt, subsection (1) does not limit or otherwise affect the general manager’s right to a benefit or entitlement that, under the existing conditions of appointment, had accrued or was accruing immediately before the transfer day.\nOn the transfer day, a benefit or entitlement mentioned in subsection (2) ceases to accrue and becomes payable as if—\nthe general manager’s appointment had, according to its conditions, been terminated on the transfer day; and\nthe termination is other than by the general manager.\nIn this section—\nexisting conditions of appointment , for the general manager, means the general manager’s conditions of appointment as determined by the Minister under the QBSA Act, section 17.\nsch 1 s 39 ins 2013 No. 38 s 10\n(sch.1-sec.39-ssec.1) No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State or the commission to any person for or in connection with the enactment of section 38.\n(sch.1-sec.39-ssec.2) However, to avoid any doubt, subsection (1) does not limit or otherwise affect the general manager’s right to a benefit or entitlement that, under the existing conditions of appointment, had accrued or was accruing immediately before the transfer day.\n(sch.1-sec.39-ssec.3) On the transfer day, a benefit or entitlement mentioned in subsection (2) ceases to accrue and becomes payable as if— the general manager’s appointment had, according to its conditions, been terminated on the transfer day; and the termination is other than by the general manager.\n(sch.1-sec.39-ssec.4) In this section— existing conditions of appointment , for the general manager, means the general manager’s conditions of appointment as determined by the Minister under the QBSA Act, section 17.\n- (a) the general manager’s appointment had, according to its conditions, been terminated on the transfer day; and\n- (b) the termination is other than by the general manager.","sortOrder":626},{"sectionNumber":"sch.1-pt.9-div.3","sectionType":"division","heading":"Migration of matters to the commission","content":"## Migration of matters to the commission","sortOrder":627},{"sectionNumber":"sch.1-sec.40","sectionType":"section","heading":"Agreements, assets, liabilities and rights","content":"### sch.1-sec.40 Agreements, assets, liabilities and rights\n\nOn the transfer day—\nthe former authority’s assets, liabilities and rights vest in the commission; and\nthe commission is substituted for the former authority in all agreements to which the former authority is a party.\nIn this section—\nagreement includes leases, undertakings and contractual arrangements.\nsch 1 s 40 ins 2013 No. 38 s 10\n(sch.1-sec.40-ssec.1) On the transfer day— the former authority’s assets, liabilities and rights vest in the commission; and the commission is substituted for the former authority in all agreements to which the former authority is a party.\n(sch.1-sec.40-ssec.2) In this section— agreement includes leases, undertakings and contractual arrangements.\n- (a) the former authority’s assets, liabilities and rights vest in the commission; and\n- (b) the commission is substituted for the former authority in all agreements to which the former authority is a party.","sortOrder":628},{"sectionNumber":"sch.1-sec.41","sectionType":"section","heading":"Unresolved applications","content":"### sch.1-sec.41 Unresolved applications\n\nOn the transfer day, the commission stands in place of the former authority for any unresolved application made—\nunder the QBSA Act to the former authority; or\nby the former authority to the tribunal.\nFor subsection (1)(a), the commission may be satisfied about a matter merely because the former authority was satisfied about the matter under the relevant provision of the QBSA Act.\nIn this section—\nunresolved application means an application made, but not finally decided or withdrawn, before the transfer day.\nsch 1 s 41 ins 2013 No. 38 s 10\n(sch.1-sec.41-ssec.1) On the transfer day, the commission stands in place of the former authority for any unresolved application made— under the QBSA Act to the former authority; or by the former authority to the tribunal.\n(sch.1-sec.41-ssec.2) For subsection (1)(a), the commission may be satisfied about a matter merely because the former authority was satisfied about the matter under the relevant provision of the QBSA Act.\n(sch.1-sec.41-ssec.3) In this section— unresolved application means an application made, but not finally decided or withdrawn, before the transfer day.\n- (a) under the QBSA Act to the former authority; or\n- (b) by the former authority to the tribunal.","sortOrder":629},{"sectionNumber":"sch.1-sec.42","sectionType":"section","heading":"Pending legal proceedings","content":"### sch.1-sec.42 Pending legal proceedings\n\nIf, immediately before the transfer day, the former authority was a party to a legal proceeding, the commission is substituted for the former authority as the party.\nFor section 111(1), the commission is taken to have knowledge of the commission of a past offence—\nif the offence came to the former authority’s knowledge; and\nwhen the offence came to the former authority’s knowledge.\nSee section 45(6) for the continued authorisation of particular persons to bring prosecutions for offences against this Act.\nIn this section—\nlegal proceeding means a proceeding before a court or tribunal.\npast offence means an offence against this Act for which—\nthe alleged date of commission of the offence was before the transfer day; and\nthe prosecution for the offence had not yet started on the transfer day.\nsch 1 s 42 ins 2013 No. 38 s 10\n(sch.1-sec.42-ssec.1) If, immediately before the transfer day, the former authority was a party to a legal proceeding, the commission is substituted for the former authority as the party.\n(sch.1-sec.42-ssec.2) For section 111(1), the commission is taken to have knowledge of the commission of a past offence— if the offence came to the former authority’s knowledge; and when the offence came to the former authority’s knowledge. See section 45(6) for the continued authorisation of particular persons to bring prosecutions for offences against this Act.\n(sch.1-sec.42-ssec.3) In this section— legal proceeding means a proceeding before a court or tribunal. past offence means an offence against this Act for which— the alleged date of commission of the offence was before the transfer day; and the prosecution for the offence had not yet started on the transfer day.\n- (a) if the offence came to the former authority’s knowledge; and\n- (b) when the offence came to the former authority’s knowledge.\n- (a) the alleged date of commission of the offence was before the transfer day; and\n- (b) the prosecution for the offence had not yet started on the transfer day.","sortOrder":630},{"sectionNumber":"sch.1-sec.43","sectionType":"section","heading":"Ministerial directions to former authority","content":"### sch.1-sec.43 Ministerial directions to former authority\n\nA pending Ministerial direction to the former authority applies, if the context permits, to the commission as it would have applied to the former authority.\nIn this section—\npending Ministerial direction means a direction by the Minister under section 7 of the QBSA Act and in effect immediately before the transfer day.\nsch 1 s 43 ins 2013 No. 38 s 10\n(sch.1-sec.43-ssec.1) A pending Ministerial direction to the former authority applies, if the context permits, to the commission as it would have applied to the former authority.\n(sch.1-sec.43-ssec.2) In this section— pending Ministerial direction means a direction by the Minister under section 7 of the QBSA Act and in effect immediately before the transfer day.","sortOrder":631},{"sectionNumber":"sch.1-sec.44","sectionType":"section","heading":"Records of the former authority","content":"### sch.1-sec.44 Records of the former authority\n\nOn the transfer day, a record of the former board becomes a record of the commission.\nIn this section—\nrecord includes a register kept by the former authority under the QBSA Act.\nsch 1 s 44 ins 2013 No. 38 s 10\n(sch.1-sec.44-ssec.1) On the transfer day, a record of the former board becomes a record of the commission.\n(sch.1-sec.44-ssec.2) In this section— record includes a register kept by the former authority under the QBSA Act.","sortOrder":632},{"sectionNumber":"sch.1-sec.45","sectionType":"section","heading":"Continuing appointments and authorisations","content":"### sch.1-sec.45 Continuing appointments and authorisations\n\nThe appointment of an individual as the insurance manager under section 21 of the QBSA Act continues and is taken to have been made by the commission.\nThe remuneration and conditions of appointment of the insurance manager decided by the former authority under the QBSA Act continue to apply for the appointment.\nThe appointment of a relevant officer of the former authority as an inspector under section 104 of the QBSA Act continues and is taken to have been made by the commission.\nSubsection (5) applies if, immediately before the transfer day—\na relevant officer of the former authority had been issued a card (however called) identifying the officer as a person holding an authorisation under section 104 of the QBSA Act; and\nthe card had not expired according to its terms.\nThe card is taken to be an identity card issued to the officer as an inspector until the earlier of the following—\nthe person is issued a new identity card by the commission under this Act;\nthe card expires according to its terms.\nA person authorised by the former authority to bring a prosecution for an offence against this Act under section 111(2) of the QBSA Act continues to be authorised and the authorisation is taken to have been given by the commission.\nsch 1 s 45 ins 2013 No. 38 s 10\n(sch.1-sec.45-ssec.1) The appointment of an individual as the insurance manager under section 21 of the QBSA Act continues and is taken to have been made by the commission.\n(sch.1-sec.45-ssec.2) The remuneration and conditions of appointment of the insurance manager decided by the former authority under the QBSA Act continue to apply for the appointment.\n(sch.1-sec.45-ssec.3) The appointment of a relevant officer of the former authority as an inspector under section 104 of the QBSA Act continues and is taken to have been made by the commission.\n(sch.1-sec.45-ssec.4) Subsection (5) applies if, immediately before the transfer day— a relevant officer of the former authority had been issued a card (however called) identifying the officer as a person holding an authorisation under section 104 of the QBSA Act; and the card had not expired according to its terms.\n(sch.1-sec.45-ssec.5) The card is taken to be an identity card issued to the officer as an inspector until the earlier of the following— the person is issued a new identity card by the commission under this Act; the card expires according to its terms.\n(sch.1-sec.45-ssec.6) A person authorised by the former authority to bring a prosecution for an offence against this Act under section 111(2) of the QBSA Act continues to be authorised and the authorisation is taken to have been given by the commission.\n- (a) a relevant officer of the former authority had been issued a card (however called) identifying the officer as a person holding an authorisation under section 104 of the QBSA Act; and\n- (b) the card had not expired according to its terms.\n- (a) the person is issued a new identity card by the commission under this Act;\n- (b) the card expires according to its terms.","sortOrder":633},{"sectionNumber":"sch.1-sec.46","sectionType":"section","heading":"Annual report of former board","content":"### sch.1-sec.46 Annual report of former board\n\nThis section applies unless the transfer day is 1 July in a year.\nThe commission’s annual report for the financial year in which the commission is established must include information about the former authority’s operations that would have been required to be included in the commission’s annual report if the QBSA Act had not been amended by the amending Act.\nIn this section—\nannual report means annual report under the Financial Accountability Act 2009 .\nsch 1 s 46 ins 2013 No. 38 s 10\n(sch.1-sec.46-ssec.1) This section applies unless the transfer day is 1 July in a year.\n(sch.1-sec.46-ssec.2) The commission’s annual report for the financial year in which the commission is established must include information about the former authority’s operations that would have been required to be included in the commission’s annual report if the QBSA Act had not been amended by the amending Act.\n(sch.1-sec.46-ssec.3) In this section— annual report means annual report under the Financial Accountability Act 2009 .","sortOrder":634},{"sectionNumber":"sch.1-sec.47","sectionType":"section","heading":"Other administrative matters","content":"### sch.1-sec.47 Other administrative matters\n\nFrom the transfer day, each of the following things in effect immediately before the transfer day continue in effect as if the thing was approved, given or made by the commission when the thing first took effect—\na direction or notice given by the former authority under the QBSA Act;\na direction to a licensee to rectify or complete tribunal work\na demand, request or requirement made by the former authority under the QBSA Act that has not been fully complied with on the transfer day;\na demand of a licensee to pay an amount owed to the former authority\na request of an applicant to provide the former authority with further information or evidence to decide an application\na certificate, licence or permit issued by the former authority under the QBSA Act;\na decision of the former authority made under the QBSA Act.\nA policy of the former board, approved under section 9A of the QBSA Act and still in effect immediately before the transfer day, continues in effect as if the policy was made by the board.\nFor a provision of this Act enabling the taking of action by an entity if the commission had previously taken a particular action, a reference to the commission having previously taken the action is taken to include a reference to the former authority having previously taken it.\nsch 1 s 47 ins 2013 No. 38 s 10\n(sch.1-sec.47-ssec.1) From the transfer day, each of the following things in effect immediately before the transfer day continue in effect as if the thing was approved, given or made by the commission when the thing first took effect— a direction or notice given by the former authority under the QBSA Act; a direction to a licensee to rectify or complete tribunal work a demand, request or requirement made by the former authority under the QBSA Act that has not been fully complied with on the transfer day; a demand of a licensee to pay an amount owed to the former authority a request of an applicant to provide the former authority with further information or evidence to decide an application a certificate, licence or permit issued by the former authority under the QBSA Act; a decision of the former authority made under the QBSA Act.\n(sch.1-sec.47-ssec.2) A policy of the former board, approved under section 9A of the QBSA Act and still in effect immediately before the transfer day, continues in effect as if the policy was made by the board.\n(sch.1-sec.47-ssec.3) For a provision of this Act enabling the taking of action by an entity if the commission had previously taken a particular action, a reference to the commission having previously taken the action is taken to include a reference to the former authority having previously taken it.\n- (a) a direction or notice given by the former authority under the QBSA Act; Example— a direction to a licensee to rectify or complete tribunal work\n- (b) a demand, request or requirement made by the former authority under the QBSA Act that has not been fully complied with on the transfer day; Examples— 1 a demand of a licensee to pay an amount owed to the former authority 2 a request of an applicant to provide the former authority with further information or evidence to decide an application\n- 1 a demand of a licensee to pay an amount owed to the former authority\n- 2 a request of an applicant to provide the former authority with further information or evidence to decide an application\n- (c) a certificate, licence or permit issued by the former authority under the QBSA Act;\n- (d) a decision of the former authority made under the QBSA Act.\n- 1 a demand of a licensee to pay an amount owed to the former authority\n- 2 a request of an applicant to provide the former authority with further information or evidence to decide an application","sortOrder":635},{"sectionNumber":"sch.1-pt.9-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":636},{"sectionNumber":"sch.1-sec.48","sectionType":"section","heading":"References to former entities","content":"### sch.1-sec.48 References to former entities\n\nIn an Act or document—\na reference to the former authority may, if the context permits, be taken to be a reference to the commission; and\na reference to the former board may, if the context permits, be taken to be a reference to the board; and\na reference to the general manager under the QBSA Act may, if the context permits, be taken to be a reference to the commissioner.\nsch 1 s 48 ins 2013 No. 38 s 10\n- (a) a reference to the former authority may, if the context permits, be taken to be a reference to the commission; and\n- (b) a reference to the former board may, if the context permits, be taken to be a reference to the board; and\n- (c) a reference to the general manager under the QBSA Act may, if the context permits, be taken to be a reference to the commissioner.","sortOrder":637},{"sectionNumber":"sch.1-sec.49","sectionType":"section","heading":"References to QBSA Act","content":"### sch.1-sec.49 References to QBSA Act\n\nIn an Act or document, a reference to the QBSA Act may, if the context permits, be taken as a reference to this Act as in force after the transfer day.\nsch 1 s 49 ins 2013 No. 38 s 10","sortOrder":638},{"sectionNumber":"sch.1-sec.50","sectionType":"section","heading":"Change to name of employing office","content":"### sch.1-sec.50 Change to name of employing office\n\nA change in the name of the employing office under the amending Act does not affect the status of that office.\nsch 1 s 50 ins 2013 No. 38 s 10","sortOrder":639},{"sectionNumber":"sch.1-sec.51","sectionType":"section","heading":"Effect on legal relationships","content":"### sch.1-sec.51 Effect on legal relationships\n\nNothing done under the amendments to the QBSA Act under the amending Act (the Act amendments )—\nmakes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\nexcept as provided for under the Act amendments, is taken to fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under the Act amendments, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf, apart from this Act, giving notice to a person would be necessary to do something under the Act amendments, the notice is taken to have been given.\nIn this section—\nrelevant entity means—\nthe State or an employee or agent of the State; or\nthe commission, a member or a relevant officer of the commission.\nsch 1 s 51 ins 2013 No. 38 s 10\n(sch.1-sec.51-ssec.1) Nothing done under the amendments to the QBSA Act under the amending Act (the Act amendments )— makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or except as provided for under the Act amendments, is taken to fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.\n(sch.1-sec.51-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under the Act amendments, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sch.1-sec.51-ssec.3) If, apart from this Act, giving notice to a person would be necessary to do something under the Act amendments, the notice is taken to have been given.\n(sch.1-sec.51-ssec.4) In this section— relevant entity means— the State or an employee or agent of the State; or the commission, a member or a relevant officer of the commission.\n- (a) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\n- (b) except as provided for under the Act amendments, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (c) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (a) the State or an employee or agent of the State; or\n- (b) the commission, a member or a relevant officer of the commission.","sortOrder":640},{"sectionNumber":"sch.1-pt.10","sectionType":"part","heading":"Transitional provision for Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2013","content":"# Transitional provision for Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2013","sortOrder":641},{"sectionNumber":"sch.1-sec.52","sectionType":"section","heading":"Application of s 42 (Unlawful carrying out of building work)","content":"### sch.1-sec.52 Application of s 42 (Unlawful carrying out of building work)\n\nSection 42(4) applies to building work carried out on or after 1 July 1992, unless the entitlement to payment for the carrying out of the building work was—\nbefore the commencement of this section, decided by—\na court; or\nthe tribunal; or\nan arbitrator or another entity authorised to make a binding decision about the entitlement; or\nbefore 2 March 1999, the subject of—\na claim or counterclaim filed in a court; or\nan application made to the tribunal; or\na reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or\nprovided for as a term of a binding agreement entered into before the commencement of this subsection, but only if the binding agreement—\nis between—\n1 or more consumers and 1 or more building contractors; or\n1 or more building contractors and 1 or more other building contractors; and\nwas entered into to resolve a dispute between some or all of the parties to the binding agreement; and\nis not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied.\nIn this section—\ntribunal means the former Queensland Building Tribunal previously established under this Act, part 7, before amendment of this Act under the repealed Queensland Building Tribunal Act 2000 .\nsch 1 s 52 ins 2013 No. 58 s 30\n(sch.1-sec.52-ssec.1) Section 42(4) applies to building work carried out on or after 1 July 1992, unless the entitlement to payment for the carrying out of the building work was— before the commencement of this section, decided by— a court; or the tribunal; or an arbitrator or another entity authorised to make a binding decision about the entitlement; or before 2 March 1999, the subject of— a claim or counterclaim filed in a court; or an application made to the tribunal; or a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or provided for as a term of a binding agreement entered into before the commencement of this subsection, but only if the binding agreement— is between— 1 or more consumers and 1 or more building contractors; or 1 or more building contractors and 1 or more other building contractors; and was entered into to resolve a dispute between some or all of the parties to the binding agreement; and is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied.\n(sch.1-sec.52-ssec.2) In this section— tribunal means the former Queensland Building Tribunal previously established under this Act, part 7, before amendment of this Act under the repealed Queensland Building Tribunal Act 2000 .\n- (a) before the commencement of this section, decided by— (i) a court; or (ii) the tribunal; or (iii) an arbitrator or another entity authorised to make a binding decision about the entitlement; or\n- (i) a court; or\n- (ii) the tribunal; or\n- (iii) an arbitrator or another entity authorised to make a binding decision about the entitlement; or\n- (b) before 2 March 1999, the subject of— (i) a claim or counterclaim filed in a court; or (ii) an application made to the tribunal; or (iii) a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or\n- (i) a claim or counterclaim filed in a court; or\n- (ii) an application made to the tribunal; or\n- (iii) a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or\n- (c) provided for as a term of a binding agreement entered into before the commencement of this subsection, but only if the binding agreement— (i) is between— (A) 1 or more consumers and 1 or more building contractors; or (B) 1 or more building contractors and 1 or more other building contractors; and (ii) was entered into to resolve a dispute between some or all of the parties to the binding agreement; and (iii) is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied.\n- (i) is between— (A) 1 or more consumers and 1 or more building contractors; or (B) 1 or more building contractors and 1 or more other building contractors; and\n- (A) 1 or more consumers and 1 or more building contractors; or\n- (B) 1 or more building contractors and 1 or more other building contractors; and\n- (ii) was entered into to resolve a dispute between some or all of the parties to the binding agreement; and\n- (iii) is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied.\n- (i) a court; or\n- (ii) the tribunal; or\n- (iii) an arbitrator or another entity authorised to make a binding decision about the entitlement; or\n- (i) a claim or counterclaim filed in a court; or\n- (ii) an application made to the tribunal; or\n- (iii) a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or\n- (i) is between— (A) 1 or more consumers and 1 or more building contractors; or (B) 1 or more building contractors and 1 or more other building contractors; and\n- (A) 1 or more consumers and 1 or more building contractors; or\n- (B) 1 or more building contractors and 1 or more other building contractors; and\n- (ii) was entered into to resolve a dispute between some or all of the parties to the binding agreement; and\n- (iii) is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied.\n- (A) 1 or more consumers and 1 or more building contractors; or\n- (B) 1 or more building contractors and 1 or more other building contractors; and","sortOrder":642},{"sectionNumber":"sch.1-pt.11","sectionType":"part","heading":"Transitional provisions for the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014","content":"# Transitional provisions for the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014","sortOrder":643},{"sectionNumber":"sch.1-pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":644},{"sectionNumber":"sch.1-sec.53","sectionType":"section","heading":"Definitions for pt 11","content":"### sch.1-sec.53 Definitions for pt 11\n\nIn this part—\nAmendment Act means the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 .\ncommencement means the commencement of the provision in which the term is used.\nformer , in relation to a provision, means the provision as in force immediately before the amendment of the provision under the Amendment Act.\nsch 1 s 53 ins 2014 No. 57 s 59","sortOrder":645},{"sectionNumber":"sch.1-pt.11-div.2","sectionType":"division","heading":"General","content":"## General","sortOrder":646},{"sectionNumber":"sch.1-sec.54","sectionType":"section","heading":"Continuation of particular reviews","content":"### sch.1-sec.54 Continuation of particular reviews\n\nThis section applies if, before the commencement, a person could have applied to the commission or tribunal for a review of any of the following decisions under former part 7, division 3—\na decision to direct or not to direct rectification or completion of tribunal work;\na decision that tribunal work undertaken at the direction of the commission is or is not of a satisfactory standard;\na decision not to categorise an individual as a permitted individual for a relevant event.\nIf the person had not applied before the commencement, the person may make the application in compliance with the requirements of former part 7, division 3 and the commission or tribunal may review the decision.\nIf the person had applied before the commencement, the commission or tribunal may start, continue and decide the review of the decision.\nFor the purpose of starting, continuing or deciding a review to which this section applies, this Act, as in force immediately before the commencement, has effect as if this Act had not been amended by the Amendment Act.\nA decision of the commission or tribunal made after reviewing a decision under subsection (2) or (3) has effect despite the amendment of this Act by the Amendment Act.\nA decision of the commission made after reviewing a decision under subsection (2) or (3) is taken to be a reviewable decision for part 7, division 3, subdivision 2 and a person affected by the decision may apply to the tribunal under section 87 for a review of the decision.\nsch 1 s 54 ins 2014 No. 57 s 59\n(sch.1-sec.54-ssec.1) This section applies if, before the commencement, a person could have applied to the commission or tribunal for a review of any of the following decisions under former part 7, division 3— a decision to direct or not to direct rectification or completion of tribunal work; a decision that tribunal work undertaken at the direction of the commission is or is not of a satisfactory standard; a decision not to categorise an individual as a permitted individual for a relevant event.\n(sch.1-sec.54-ssec.2) If the person had not applied before the commencement, the person may make the application in compliance with the requirements of former part 7, division 3 and the commission or tribunal may review the decision.\n(sch.1-sec.54-ssec.3) If the person had applied before the commencement, the commission or tribunal may start, continue and decide the review of the decision.\n(sch.1-sec.54-ssec.4) For the purpose of starting, continuing or deciding a review to which this section applies, this Act, as in force immediately before the commencement, has effect as if this Act had not been amended by the Amendment Act.\n(sch.1-sec.54-ssec.5) A decision of the commission or tribunal made after reviewing a decision under subsection (2) or (3) has effect despite the amendment of this Act by the Amendment Act.\n(sch.1-sec.54-ssec.6) A decision of the commission made after reviewing a decision under subsection (2) or (3) is taken to be a reviewable decision for part 7, division 3, subdivision 2 and a person affected by the decision may apply to the tribunal under section 87 for a review of the decision.\n- (a) a decision to direct or not to direct rectification or completion of tribunal work;\n- (b) a decision that tribunal work undertaken at the direction of the commission is or is not of a satisfactory standard;\n- (c) a decision not to categorise an individual as a permitted individual for a relevant event.","sortOrder":647},{"sectionNumber":"sch.1-sec.55","sectionType":"section","heading":"Existing disciplinary proceedings","content":"### sch.1-sec.55 Existing disciplinary proceedings\n\nThis section applies if—\nthe commission had applied to the tribunal under former section 88 to conduct a proceeding to decide whether proper grounds exist for taking disciplinary action against a person before the commencement; and\nthe tribunal had not started or completed the disciplinary proceeding before the commencement.\nThe tribunal may start, continue and complete the disciplinary proceeding as if former part 7, division 4 had not been repealed by the Amendment Act.\nsch 1 s 55 ins 2014 No. 57 s 59\n(sch.1-sec.55-ssec.1) This section applies if— the commission had applied to the tribunal under former section 88 to conduct a proceeding to decide whether proper grounds exist for taking disciplinary action against a person before the commencement; and the tribunal had not started or completed the disciplinary proceeding before the commencement.\n(sch.1-sec.55-ssec.2) The tribunal may start, continue and complete the disciplinary proceeding as if former part 7, division 4 had not been repealed by the Amendment Act.\n- (a) the commission had applied to the tribunal under former section 88 to conduct a proceeding to decide whether proper grounds exist for taking disciplinary action against a person before the commencement; and\n- (b) the tribunal had not started or completed the disciplinary proceeding before the commencement.","sortOrder":648},{"sectionNumber":"sch.1-sec.56","sectionType":"section","heading":"Allocation of demerit points","content":"### sch.1-sec.56 Allocation of demerit points\n\nThis section applies if, before the commencement of this section, the commission—\nhad an obligation to allocate demerit points to a person under former part 3E; but\nhad not allocated the demerit points.\nThe commission must allocate the demerit points to the person, as required under former part 3E, despite—\nany amendment of this Act under the Amendment Act; or\nthe repeal of the Domestic Building Contracts Act 2000 .\nsch 1 s 56 ins 2014 No. 57 s 59\n(sch.1-sec.56-ssec.1) This section applies if, before the commencement of this section, the commission— had an obligation to allocate demerit points to a person under former part 3E; but had not allocated the demerit points.\n(sch.1-sec.56-ssec.2) The commission must allocate the demerit points to the person, as required under former part 3E, despite— any amendment of this Act under the Amendment Act; or the repeal of the Domestic Building Contracts Act 2000 .\n- (a) had an obligation to allocate demerit points to a person under former part 3E; but\n- (b) had not allocated the demerit points.\n- (a) any amendment of this Act under the Amendment Act; or\n- (b) the repeal of the Domestic Building Contracts Act 2000 .","sortOrder":649},{"sectionNumber":"sch.1-sec.57","sectionType":"section","heading":"Categorisation as excluded individual or permanently excluded individual continues","content":"### sch.1-sec.57 Categorisation as excluded individual or permanently excluded individual continues\n\nAn individual who, immediately before the commencement, was an excluded individual for a relevant bankruptcy or company event under former section 56AC continues to be an excluded individual for the relevant bankruptcy or company event under former section 56AC as if that section had not been amended by the Amendment Act.\nThe individual would continue under former section 56AC to be an excluded individual until 5 years had elapsed from the day the relevant bankruptcy or company event happened.\nAn individual who, immediately before the commencement, was a permanently excluded individual under former section 58 continues to be a permanently excluded individual despite any amendment of parts 3A or 3B under the Amendment Act.\nHowever, section 61 continues to apply to the person.\nsch 1 s 57 ins 2014 No. 57 s 59\n(sch.1-sec.57-ssec.1) An individual who, immediately before the commencement, was an excluded individual for a relevant bankruptcy or company event under former section 56AC continues to be an excluded individual for the relevant bankruptcy or company event under former section 56AC as if that section had not been amended by the Amendment Act. The individual would continue under former section 56AC to be an excluded individual until 5 years had elapsed from the day the relevant bankruptcy or company event happened.\n(sch.1-sec.57-ssec.2) An individual who, immediately before the commencement, was a permanently excluded individual under former section 58 continues to be a permanently excluded individual despite any amendment of parts 3A or 3B under the Amendment Act.\n(sch.1-sec.57-ssec.3) However, section 61 continues to apply to the person.","sortOrder":650},{"sectionNumber":"sch.1-sec.58","sectionType":"section","heading":"Becoming a permitted individual after the commencement","content":"### sch.1-sec.58 Becoming a permitted individual after the commencement\n\nSubsection (2) applies if—\nthe commission gave an individual a written notice under former section 56AF(2) before the commencement; and\nat the commencement, 28 days have not elapsed from the day the commission gave the person the notice mentioned in paragraph (a).\nThe person may apply to the commission, and the commission may consider and decide the application, under former section 56AD, as if that section had not been repealed under the Amendment Act.\nSubsection (4) applies if, before the commencement, an individual applied to the commission under former section 56AD and the commission had not finally dealt with the application.\nThe commission may continue to consider and decide the application, under former section 56AD, as if that section had not been repealed under the Amendment Act.\nTo remove any doubt it is declared that the commission may categorise the person as a permitted individual despite the repeal of former section 56AD by the Amendment Act.\nsch 1 s 58 ins 2014 No. 57 s 59\n(sch.1-sec.58-ssec.1) Subsection (2) applies if— the commission gave an individual a written notice under former section 56AF(2) before the commencement; and at the commencement, 28 days have not elapsed from the day the commission gave the person the notice mentioned in paragraph (a).\n(sch.1-sec.58-ssec.2) The person may apply to the commission, and the commission may consider and decide the application, under former section 56AD, as if that section had not been repealed under the Amendment Act.\n(sch.1-sec.58-ssec.3) Subsection (4) applies if, before the commencement, an individual applied to the commission under former section 56AD and the commission had not finally dealt with the application.\n(sch.1-sec.58-ssec.4) The commission may continue to consider and decide the application, under former section 56AD, as if that section had not been repealed under the Amendment Act.\n(sch.1-sec.58-ssec.5) To remove any doubt it is declared that the commission may categorise the person as a permitted individual despite the repeal of former section 56AD by the Amendment Act.\n- (a) the commission gave an individual a written notice under former section 56AF(2) before the commencement; and\n- (b) at the commencement, 28 days have not elapsed from the day the commission gave the person the notice mentioned in paragraph (a).","sortOrder":651},{"sectionNumber":"sch.1-sec.59","sectionType":"section","heading":"Categorisation as permitted individual continues","content":"### sch.1-sec.59 Categorisation as permitted individual continues\n\nA permitted individual for a relevant event continues to be taken not to be an excluded individual for the relevant event.\nThe relevant event must not be counted in deciding, under section 61, whether the individual is or continues to be a permanently excluded individual.\nIn this section—\npermitted individual means—\nan individual categorised as a permitted individual for a relevant event under former section 56AD if—\nthe person continued to be categorised as a permitted individual immediately before the commencement; or\nthe person is categorised as a permitted individual after the commencement because of schedule 1, section 58; or\nan individual categorised as a permitted individual for a relevant event as result of the tribunal reversing the commission’s decision not to categorise the individual as a permitted individual for the relevant event after a review of the decision by the tribunal.\nsch 1 s 59 ins 2014 No. 57 s 59\n(sch.1-sec.59-ssec.1) A permitted individual for a relevant event continues to be taken not to be an excluded individual for the relevant event.\n(sch.1-sec.59-ssec.2) The relevant event must not be counted in deciding, under section 61, whether the individual is or continues to be a permanently excluded individual.\n(sch.1-sec.59-ssec.3) In this section— permitted individual means— an individual categorised as a permitted individual for a relevant event under former section 56AD if— the person continued to be categorised as a permitted individual immediately before the commencement; or the person is categorised as a permitted individual after the commencement because of schedule 1, section 58; or an individual categorised as a permitted individual for a relevant event as result of the tribunal reversing the commission’s decision not to categorise the individual as a permitted individual for the relevant event after a review of the decision by the tribunal.\n- (a) an individual categorised as a permitted individual for a relevant event under former section 56AD if— (i) the person continued to be categorised as a permitted individual immediately before the commencement; or (ii) the person is categorised as a permitted individual after the commencement because of schedule 1, section 58; or\n- (i) the person continued to be categorised as a permitted individual immediately before the commencement; or\n- (ii) the person is categorised as a permitted individual after the commencement because of schedule 1, section 58; or\n- (b) an individual categorised as a permitted individual for a relevant event as result of the tribunal reversing the commission’s decision not to categorise the individual as a permitted individual for the relevant event after a review of the decision by the tribunal.\n- (i) the person continued to be categorised as a permitted individual immediately before the commencement; or\n- (ii) the person is categorised as a permitted individual after the commencement because of schedule 1, section 58; or","sortOrder":652},{"sectionNumber":"sch.1-pt.11-div.3","sectionType":"division","heading":"Rectification of building work","content":"## Rectification of building work","sortOrder":653},{"sectionNumber":"sch.1-sec.60","sectionType":"section","heading":"Outstanding applications for rectification of building work that is defective or incomplete","content":"### sch.1-sec.60 Outstanding applications for rectification of building work that is defective or incomplete\n\nThis section applies if, before the commencement—\na consumer applied to the commission under former section 71A for a direction to rectify building work that was defective or incomplete; and\nthe commission had not finally dealt with the application.\nThe commission may deal with the application under former section 71A despite the repeal of that section by the Amendment Act.\nFormer section 72 continues to apply for the purpose of subsection (2) as if that section had not been repealed by the Amendment Act.\nsch 1 s 60 ins 2014 No. 57 s 59\n(sch.1-sec.60-ssec.1) This section applies if, before the commencement— a consumer applied to the commission under former section 71A for a direction to rectify building work that was defective or incomplete; and the commission had not finally dealt with the application.\n(sch.1-sec.60-ssec.2) The commission may deal with the application under former section 71A despite the repeal of that section by the Amendment Act.\n(sch.1-sec.60-ssec.3) Former section 72 continues to apply for the purpose of subsection (2) as if that section had not been repealed by the Amendment Act.\n- (a) a consumer applied to the commission under former section 71A for a direction to rectify building work that was defective or incomplete; and\n- (b) the commission had not finally dealt with the application.","sortOrder":654},{"sectionNumber":"sch.1-sec.61","sectionType":"section","heading":"Outstanding directions to rectify building work that is defective or incomplete","content":"### sch.1-sec.61 Outstanding directions to rectify building work that is defective or incomplete\n\nThis section applies if, before the commencement—\nthe commission directed a person to rectify building work that was defective or incomplete under former section 72; and\nthe direction had not been complied with in full.\nThe direction continues to apply to the person, and former section 72 continues to apply for that purpose, as if the section had not been replaced by the Amendment Act.\nThe direction is taken, for section 73, to be a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage.\nsch 1 s 61 ins 2014 No. 57 s 59\n(sch.1-sec.61-ssec.1) This section applies if, before the commencement— the commission directed a person to rectify building work that was defective or incomplete under former section 72; and the direction had not been complied with in full.\n(sch.1-sec.61-ssec.2) The direction continues to apply to the person, and former section 72 continues to apply for that purpose, as if the section had not been replaced by the Amendment Act.\n(sch.1-sec.61-ssec.3) The direction is taken, for section 73, to be a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage.\n- (a) the commission directed a person to rectify building work that was defective or incomplete under former section 72; and\n- (b) the direction had not been complied with in full.","sortOrder":655},{"sectionNumber":"sch.1-pt.11-div.4","sectionType":"division","heading":"Repeal of the Domestic Building Contracts Act 2000","content":"## Repeal of the Domestic Building Contracts Act 2000","sortOrder":656},{"sectionNumber":"sch.1-sec.62","sectionType":"section","heading":"Domestic building contracts entered into before repeal","content":"### sch.1-sec.62 Domestic building contracts entered into before repeal\n\nDespite the repeal, the Domestic Building Contracts Act 2000 , as in force immediately before the repeal, continues to apply—\nfor a domestic building contract entered into before the repeal; and\nto the parties to a domestic building contract mentioned in paragraph (a).\nIn this part—\ndomestic building contract means a domestic building contract within meaning of the Domestic Building Contracts Act 2000 as in force immediately before its repeal.\nrepeal means the repeal of the Domestic Building Contracts Act 2000 .\nsch 1 s 62 ins 2014 No. 57 s 59\n(sch.1-sec.62-ssec.1) Despite the repeal, the Domestic Building Contracts Act 2000 , as in force immediately before the repeal, continues to apply— for a domestic building contract entered into before the repeal; and to the parties to a domestic building contract mentioned in paragraph (a).\n(sch.1-sec.62-ssec.2) In this part— domestic building contract means a domestic building contract within meaning of the Domestic Building Contracts Act 2000 as in force immediately before its repeal. repeal means the repeal of the Domestic Building Contracts Act 2000 .\n- (a) for a domestic building contract entered into before the repeal; and\n- (b) to the parties to a domestic building contract mentioned in paragraph (a).","sortOrder":657},{"sectionNumber":"sch.1-sec.63","sectionType":"section","heading":"Continued reference to conduct under the repealed Domestic Building Contracts Act 2000","content":"### sch.1-sec.63 Continued reference to conduct under the repealed Domestic Building Contracts Act 2000\n\nThe repeal of the Domestic Building Contracts Act 2000 (the repealed Act ) does not—\ncause or require—\nthe licensee register kept under section 99 to be amended to remove notes relating to the repealed Act; or\nthe cancellation of any demerit points relating to the repealed Act; and\nprevent the consideration of—\nany past contravention of a requirement imposed under the repealed Act; or\nany conviction of an offence against the repealed Act; or\na person having been served with an infringement notice relating to the repealed Act.\nFor the purpose of subsection (1)(b), a provision of this Act that includes a reference to a provision of schedule 1B is taken to include a reference to the equivalent provision of the repealed Act.\nsch 1 s 63 ins 2014 No. 57 s 59\n(sch.1-sec.63-ssec.1) The repeal of the Domestic Building Contracts Act 2000 (the repealed Act ) does not— cause or require— the licensee register kept under section 99 to be amended to remove notes relating to the repealed Act; or the cancellation of any demerit points relating to the repealed Act; and prevent the consideration of— any past contravention of a requirement imposed under the repealed Act; or any conviction of an offence against the repealed Act; or a person having been served with an infringement notice relating to the repealed Act.\n(sch.1-sec.63-ssec.2) For the purpose of subsection (1)(b), a provision of this Act that includes a reference to a provision of schedule 1B is taken to include a reference to the equivalent provision of the repealed Act.\n- (a) cause or require— (i) the licensee register kept under section 99 to be amended to remove notes relating to the repealed Act; or (ii) the cancellation of any demerit points relating to the repealed Act; and\n- (i) the licensee register kept under section 99 to be amended to remove notes relating to the repealed Act; or\n- (ii) the cancellation of any demerit points relating to the repealed Act; and\n- (b) prevent the consideration of— (i) any past contravention of a requirement imposed under the repealed Act; or (ii) any conviction of an offence against the repealed Act; or (iii) a person having been served with an infringement notice relating to the repealed Act.\n- (i) any past contravention of a requirement imposed under the repealed Act; or\n- (ii) any conviction of an offence against the repealed Act; or\n- (iii) a person having been served with an infringement notice relating to the repealed Act.\n- (i) the licensee register kept under section 99 to be amended to remove notes relating to the repealed Act; or\n- (ii) the cancellation of any demerit points relating to the repealed Act; and\n- (i) any past contravention of a requirement imposed under the repealed Act; or\n- (ii) any conviction of an offence against the repealed Act; or\n- (iii) a person having been served with an infringement notice relating to the repealed Act.","sortOrder":658},{"sectionNumber":"sch.1-sec.64","sectionType":"section","heading":"Past contraventions of repealed Act","content":"### sch.1-sec.64 Past contraventions of repealed Act\n\nThis section applies if a person is alleged to have committed an offence against the repealed Domestic Building Contracts Act 2000 (the repealed Act ) before its repeal.\nProceedings for the offence may be started, continued or completed, and the Court may hear and decide the proceedings, as if the repealed Act had not been repealed.\nThis section applies despite the Criminal Code, section 11.\nsch 1 s 64 ins 2014 No. 57 s 59\n(sch.1-sec.64-ssec.1) This section applies if a person is alleged to have committed an offence against the repealed Domestic Building Contracts Act 2000 (the repealed Act ) before its repeal.\n(sch.1-sec.64-ssec.2) Proceedings for the offence may be started, continued or completed, and the Court may hear and decide the proceedings, as if the repealed Act had not been repealed.\n(sch.1-sec.64-ssec.3) This section applies despite the Criminal Code, section 11.","sortOrder":659},{"sectionNumber":"sch.1-pt.11-div.5","sectionType":"division","heading":"Statutory insurance scheme","content":"## Statutory insurance scheme","sortOrder":660},{"sectionNumber":"sch.1-sec.65","sectionType":"section","heading":"Continuation and finalisation of matters under former part 5","content":"### sch.1-sec.65 Continuation and finalisation of matters under former part 5\n\nThis section applies if, before the commencement, a right, privilege or liability was acquired, accrued or incurred by the commission or a person under former part 5 and—\nthe right or privilege had not been exhausted; or\nthe liability had not been released.\nThe right, privilege or liability may be exercised or enforced under former part 5 despite the replacement of that part by the Amendment Act.\nTo remove any doubt, it is declared that—\na person continues to be liable for any contravention of a provision of former part 5 that happened before the commencement; or\na person who, before the commencement, was liable to pay an insurance premium under former part 5 continues to be liable to pay the premium; or\na liability of the commission to issue a certificate of insurance under former part 5 that had not been issued before the commencement must be issued in compliance with former section 69(1); or\na proceeding to recover an amount under former section 71 may be started, continued or completed and any defence available to a person under that section may be relied upon.\nIn this section—\nliability includes an obligation of the commission or a person to take particular action under former part 5.\nsch 1 s 65 ins 2014 No. 57 s 59\n(sch.1-sec.65-ssec.1) This section applies if, before the commencement, a right, privilege or liability was acquired, accrued or incurred by the commission or a person under former part 5 and— the right or privilege had not been exhausted; or the liability had not been released.\n(sch.1-sec.65-ssec.2) The right, privilege or liability may be exercised or enforced under former part 5 despite the replacement of that part by the Amendment Act.\n(sch.1-sec.65-ssec.3) To remove any doubt, it is declared that— a person continues to be liable for any contravention of a provision of former part 5 that happened before the commencement; or a person who, before the commencement, was liable to pay an insurance premium under former part 5 continues to be liable to pay the premium; or a liability of the commission to issue a certificate of insurance under former part 5 that had not been issued before the commencement must be issued in compliance with former section 69(1); or a proceeding to recover an amount under former section 71 may be started, continued or completed and any defence available to a person under that section may be relied upon.\n(sch.1-sec.65-ssec.4) In this section— liability includes an obligation of the commission or a person to take particular action under former part 5.\n- (a) the right or privilege had not been exhausted; or\n- (b) the liability had not been released.\n- (a) a person continues to be liable for any contravention of a provision of former part 5 that happened before the commencement; or\n- (b) a person who, before the commencement, was liable to pay an insurance premium under former part 5 continues to be liable to pay the premium; or\n- (c) a liability of the commission to issue a certificate of insurance under former part 5 that had not been issued before the commencement must be issued in compliance with former section 69(1); or\n- (e) a proceeding to recover an amount under former section 71 may be started, continued or completed and any defence available to a person under that section may be relied upon.","sortOrder":661},{"sectionNumber":"sch.1-sec.66","sectionType":"section","heading":"Existing policies of insurance","content":"### sch.1-sec.66 Existing policies of insurance\n\nA policy of insurance that came into force under former part 5 continues in force on the terms stated in the board’s policies for that purpose.\nDespite the replacement of part 5 by the Amendment Act, former part 5 continues to apply to a contract for residential construction work if the contract was entered into before the replacement day.\nTo remove any doubt, it is declared that subsection (2)—\napplies to a contract even if an insurance premium is paid in relation to the contract on or after the replacement day; and\ndoes not prevent the consumer for the contract from obtaining optional additional cover under section 67Z.\nThe board’s policies that are relevant for this section continue for that purpose despite the replacement of part 5 by the Amendment Act or the repeal of the policies under schedule 1, section 67.\nIn this section—\nboard’s policies means the policies of the board made for the purposes of section 19 and relating to the statutory insurance scheme.\nreplacement day means the day former part 5 was replaced under the Amendment Act.\nsch 1 s 66 ins 2014 No. 57 s 59\n(sch.1-sec.66-ssec.1) A policy of insurance that came into force under former part 5 continues in force on the terms stated in the board’s policies for that purpose.\n(sch.1-sec.66-ssec.2) Despite the replacement of part 5 by the Amendment Act, former part 5 continues to apply to a contract for residential construction work if the contract was entered into before the replacement day.\n(sch.1-sec.66-ssec.3) To remove any doubt, it is declared that subsection (2)— applies to a contract even if an insurance premium is paid in relation to the contract on or after the replacement day; and does not prevent the consumer for the contract from obtaining optional additional cover under section 67Z.\n(sch.1-sec.66-ssec.4) The board’s policies that are relevant for this section continue for that purpose despite the replacement of part 5 by the Amendment Act or the repeal of the policies under schedule 1, section 67.\n(sch.1-sec.66-ssec.5) In this section— board’s policies means the policies of the board made for the purposes of section 19 and relating to the statutory insurance scheme. replacement day means the day former part 5 was replaced under the Amendment Act.\n- (a) applies to a contract even if an insurance premium is paid in relation to the contract on or after the replacement day; and\n- (b) does not prevent the consumer for the contract from obtaining optional additional cover under section 67Z.","sortOrder":662},{"sectionNumber":"sch.1-sec.67","sectionType":"section","heading":"Repeal of board’s policies about statutory insurance scheme","content":"### sch.1-sec.67 Repeal of board’s policies about statutory insurance scheme\n\nOn the commencement all policies of the board made, for the purposes of section 19, about the terms of cover under the statutory insurance scheme are repealed.\nsch 1 s 67 ins 2014 No. 57 s 59","sortOrder":663},{"sectionNumber":"sch.1-pt.11-div.6","sectionType":"division","heading":null,"content":"","sortOrder":664},{"sectionNumber":"sch.1-sec.68","sectionType":"section","heading":null,"content":"### Section sch.1-sec.68\n\nsch 1 s 68 ins 2014 No. 57 s 59\nexp 15 December 2015 (see s 68(4))","sortOrder":665},{"sectionNumber":"sch.1-pt.12","sectionType":"part","heading":"Transitional provision for the Plumbing and Drainage and Other Legislation Amendment Act 2016","content":"# Transitional provision for the Plumbing and Drainage and Other Legislation Amendment Act 2016","sortOrder":666},{"sectionNumber":"sch.1-sec.69","sectionType":"section","heading":"Internal review applications of relevant decisions","content":"### sch.1-sec.69 Internal review applications of relevant decisions\n\nThis section applies if, before the commencement—\nan internal review application for a relevant decision under the unamended Act had been made but not decided or otherwise finally dealt with; or\nthe period under the unamended Act in which a person was entitled to apply to have a relevant decision reviewed had started but not ended.\nAn internal review may be completed, or started and completed, as if the unamended Act continued to apply.\nPart 7, division 3, subdivision 2 applies to a person affected by a decision made under subsection (2) as if the decision under subsection (2) were a reviewable decision under section 87.\nIn this section—\ninternal review means a proceeding for review under part 7, division 3, subdivision 1.\nrelevant decision means a decision under the Plumbing and Drainage Act 2002 , section 68.\nunamended Act means this Act as in force immediately before the commencement.\nsch 1 s 69 ins 2016 No. 11 s 22\n(sch.1-sec.69-ssec.1) This section applies if, before the commencement— an internal review application for a relevant decision under the unamended Act had been made but not decided or otherwise finally dealt with; or the period under the unamended Act in which a person was entitled to apply to have a relevant decision reviewed had started but not ended.\n(sch.1-sec.69-ssec.2) An internal review may be completed, or started and completed, as if the unamended Act continued to apply.\n(sch.1-sec.69-ssec.3) Part 7, division 3, subdivision 2 applies to a person affected by a decision made under subsection (2) as if the decision under subsection (2) were a reviewable decision under section 87.\n(sch.1-sec.69-ssec.4) In this section— internal review means a proceeding for review under part 7, division 3, subdivision 1. relevant decision means a decision under the Plumbing and Drainage Act 2002 , section 68. unamended Act means this Act as in force immediately before the commencement.\n- (a) an internal review application for a relevant decision under the unamended Act had been made but not decided or otherwise finally dealt with; or\n- (b) the period under the unamended Act in which a person was entitled to apply to have a relevant decision reviewed had started but not ended.","sortOrder":667},{"sectionNumber":"sch.1-pt.13","sectionType":"part","heading":"Transitional provision for the Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provision for the Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":668},{"sectionNumber":"sch.1-sec.70","sectionType":"section","heading":"Existing development applications and requests for compliance assessment","content":"### sch.1-sec.70 Existing development applications and requests for compliance assessment\n\nFormer section 68E continues to apply in relation to the following as if the amending Act had not been enacted—\nthe giving of a development approval mentioned in former section 68E(1) for an existing development application;\nthe giving of a compliance permit mentioned in former section 68E(1) for an existing request for compliance assessment.\nIn this section—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nexisting development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.\nexisting request for compliance assessment means a request for compliance assessment for development made under the repealed Planning Act, to which the Planning Act, section 288 applies.\nformer section 68E means section 68E as in force immediately before the commencement.\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\nsch 1 s 70 ins 2016 No. 27 s 374\n(sch.1-sec.70-ssec.1) Former section 68E continues to apply in relation to the following as if the amending Act had not been enacted— the giving of a development approval mentioned in former section 68E(1) for an existing development application; the giving of a compliance permit mentioned in former section 68E(1) for an existing request for compliance assessment.\n(sch.1-sec.70-ssec.2) In this section— amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 . existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies. existing request for compliance assessment means a request for compliance assessment for development made under the repealed Planning Act, to which the Planning Act, section 288 applies. former section 68E means section 68E as in force immediately before the commencement. repealed Planning Act means the repealed Sustainable Planning Act 2009 .\n- (a) the giving of a development approval mentioned in former section 68E(1) for an existing development application;\n- (b) the giving of a compliance permit mentioned in former section 68E(1) for an existing request for compliance assessment.","sortOrder":669},{"sectionNumber":"sch.1-pt.14","sectionType":"part","heading":"Transitional provisions for Building and Construction Legislation (Non-conforming Building Products—Chain of Responsibility and Other Matters) Amendment Act 2017","content":"# Transitional provisions for Building and Construction Legislation (Non-conforming Building Products—Chain of Responsibility and Other Matters) Amendment Act 2017","sortOrder":670},{"sectionNumber":"sch.1-sec.71","sectionType":"section","heading":"Information-sharing","content":"### sch.1-sec.71 Information-sharing\n\nSections 28A and 28B apply in relation to information obtained by the commission before or after the commencement.\nsch 1 s 71 ins 2017 No. 29 s 30","sortOrder":671},{"sectionNumber":"sch.1-sec.72","sectionType":"section","heading":"Grounds for suspending or cancelling licence or disciplinary action","content":"### sch.1-sec.72 Grounds for suspending or cancelling licence or disciplinary action\n\nA new ground under section 48 or 74B applies only in relation to an act or omission that happens after the commencement.\nIn this section—\nnew ground means—\nfor section 48—a ground for suspending or cancelling a licence under the section that was not a ground for cancelling or suspending a licence under the section immediately before the commencement; or\nfor section 74B—a ground for taking disciplinary action under the section that was not a ground for taking disciplinary action under the section immediately before the commencement.\nsch 1 s 72 ins 2017 No. 29 s 30\n(sch.1-sec.72-ssec.1) A new ground under section 48 or 74B applies only in relation to an act or omission that happens after the commencement.\n(sch.1-sec.72-ssec.2) In this section— new ground means— for section 48—a ground for suspending or cancelling a licence under the section that was not a ground for cancelling or suspending a licence under the section immediately before the commencement; or for section 74B—a ground for taking disciplinary action under the section that was not a ground for taking disciplinary action under the section immediately before the commencement.\n- (a) for section 48—a ground for suspending or cancelling a licence under the section that was not a ground for cancelling or suspending a licence under the section immediately before the commencement; or\n- (b) for section 74B—a ground for taking disciplinary action under the section that was not a ground for taking disciplinary action under the section immediately before the commencement.","sortOrder":672},{"sectionNumber":"sch.1-sec.73","sectionType":"section","heading":"Recall orders and warning statements","content":"### sch.1-sec.73 Recall orders and warning statements\n\nThe Minister may make a recall order under part 6AA, division 4, or publish a warning statement under part 6AA, division 5, for a building product in existence on the commencement.\nSubsection (1) applies even if the building product was associated with a building or other structure before the commencement.\nsch 1 s 73 ins 2017 No. 29 s 30\n(sch.1-sec.73-ssec.1) The Minister may make a recall order under part 6AA, division 4, or publish a warning statement under part 6AA, division 5, for a building product in existence on the commencement.\n(sch.1-sec.73-ssec.2) Subsection (1) applies even if the building product was associated with a building or other structure before the commencement.","sortOrder":673},{"sectionNumber":"sch.1-sec.74","sectionType":"section","heading":"Current investigations","content":"### sch.1-sec.74 Current investigations\n\nThis Act as in force after the commencement applies to an investigation under this Act started but not finished before the commencement.\nWithout limiting subsection (1)—\nthe commission may—\ngive a direction under section 74AN during or after conducting an investigation under part 6A; and\nuse information mentioned in section 74A(3) for the investigation, including information obtained before the commencement; and\nan inspector may exercise powers under part 9 for the investigation.\nsch 1 s 74 ins 2017 No. 29 s 30\n(sch.1-sec.74-ssec.1) This Act as in force after the commencement applies to an investigation under this Act started but not finished before the commencement.\n(sch.1-sec.74-ssec.2) Without limiting subsection (1)— the commission may— give a direction under section 74AN during or after conducting an investigation under part 6A; and use information mentioned in section 74A(3) for the investigation, including information obtained before the commencement; and an inspector may exercise powers under part 9 for the investigation.\n- (a) the commission may— (i) give a direction under section 74AN during or after conducting an investigation under part 6A; and (ii) use information mentioned in section 74A(3) for the investigation, including information obtained before the commencement; and\n- (i) give a direction under section 74AN during or after conducting an investigation under part 6A; and\n- (ii) use information mentioned in section 74A(3) for the investigation, including information obtained before the commencement; and\n- (b) an inspector may exercise powers under part 9 for the investigation.\n- (i) give a direction under section 74AN during or after conducting an investigation under part 6A; and\n- (ii) use information mentioned in section 74A(3) for the investigation, including information obtained before the commencement; and","sortOrder":674},{"sectionNumber":"sch.1-sec.75","sectionType":"section","heading":"Stop orders","content":"### sch.1-sec.75 Stop orders\n\nThis Act as in force before the commencement continues to apply to the following as if the amendment Act had not been enacted—\na stop order in force immediately before the commencement;\na proceeding before the tribunal to allow a person to show cause why a stop order should not be confirmed that was started, but not finished, before the commencement;\nthe outcome of a proceeding mentioned in paragraph (b).\nIn this section—\namendment Act means the Building and Construction Legislation (Non-conforming Building Products—Chain of Responsibility and Other Matters) Amendment Act 2017 .\nstop order means an order of the tribunal under section 97B as in force before the commencement.\nsch 1 s 75 ins 2017 No. 29 s 30\n(sch.1-sec.75-ssec.1) This Act as in force before the commencement continues to apply to the following as if the amendment Act had not been enacted— a stop order in force immediately before the commencement; a proceeding before the tribunal to allow a person to show cause why a stop order should not be confirmed that was started, but not finished, before the commencement; the outcome of a proceeding mentioned in paragraph (b).\n(sch.1-sec.75-ssec.2) In this section— amendment Act means the Building and Construction Legislation (Non-conforming Building Products—Chain of Responsibility and Other Matters) Amendment Act 2017 . stop order means an order of the tribunal under section 97B as in force before the commencement.\n- (a) a stop order in force immediately before the commencement;\n- (b) a proceeding before the tribunal to allow a person to show cause why a stop order should not be confirmed that was started, but not finished, before the commencement;\n- (c) the outcome of a proceeding mentioned in paragraph (b).","sortOrder":675},{"sectionNumber":"sch.1-pt.15","sectionType":"part","heading":"Transitional provisions for Building Industry Fairness (Security of Payment) Act 2017","content":"# Transitional provisions for Building Industry Fairness (Security of Payment) Act 2017","sortOrder":676},{"sectionNumber":"sch.1-sec.76","sectionType":"section","heading":"Board’s policy","content":"### sch.1-sec.76 Board’s policy\n\nA policy, made by the board under repealed section 19 and approved by regulation, in force immediately before the commencement continues in force—\ndespite the repeal of section 19; and\nuntil the matters provided for under the policy are prescribed by regulation.\nThe policies in force were the Rectification of Building Work made by the board on 16 May 2014 and the Minimum Financial Requirements made by the board on 28 August 2015.\nA regulation may declare the day a policy mentioned in subsection (1) expires under that subsection.\nsch 1 s 76 ins 2017 No. 43 s 305\n(sch.1-sec.76-ssec.1) A policy, made by the board under repealed section 19 and approved by regulation, in force immediately before the commencement continues in force— despite the repeal of section 19; and until the matters provided for under the policy are prescribed by regulation. The policies in force were the Rectification of Building Work made by the board on 16 May 2014 and the Minimum Financial Requirements made by the board on 28 August 2015.\n(sch.1-sec.76-ssec.2) A regulation may declare the day a policy mentioned in subsection (1) expires under that subsection.\n- (a) despite the repeal of section 19; and\n- (b) until the matters provided for under the policy are prescribed by regulation.","sortOrder":677},{"sectionNumber":"sch.1-sec.77","sectionType":"section","heading":"Continuation of existing appointments of particular investigators and inspectors","content":"### sch.1-sec.77 Continuation of existing appointments of particular investigators and inspectors\n\nAn existing appointment of a person as an inspector under section 104 continues as an appointment as an investigator under section 104B.\nAn existing appointment of a person as an investigator under repealed section 246CP of the Building Act 1975 continues as an appointment as an investigator under section 104B.\nAn existing appointment of a person as an investigator under repealed section 33A of the Plumbing and Drainage Act 2002 continues as an appointment as an investigator under section 104B.\nIn this section—\nexisting appointment means an appointment in force immediately before the commencement.\nsch 1 s 77 ins 2017 No. 43 s 305\namd 2018 No. 17 s 193F\n(sch.1-sec.77-ssec.1) An existing appointment of a person as an inspector under section 104 continues as an appointment as an investigator under section 104B.\n(sch.1-sec.77-ssec.2) An existing appointment of a person as an investigator under repealed section 246CP of the Building Act 1975 continues as an appointment as an investigator under section 104B.\n(sch.1-sec.77-ssec.3) An existing appointment of a person as an investigator under repealed section 33A of the Plumbing and Drainage Act 2002 continues as an appointment as an investigator under section 104B.\n(sch.1-sec.77-ssec.4) In this section— existing appointment means an appointment in force immediately before the commencement.","sortOrder":678},{"sectionNumber":"sch.1-sec.77A","sectionType":"section","heading":"Validation of particular continued appointments","content":"### sch.1-sec.77A Validation of particular continued appointments\n\nAn existing appointment of a person continued as mentioned in section 77 is taken to have been continued as mentioned in that section from the commencement of the section as originally enacted.\nSection 77 as originally enacted commenced on 10 November 2017.\nAnything done between 10 November 2017 and the commencement of this section by a person as the holder of the appointment is taken to have been validly done by the person as if the appointment had been continued as mentioned in section 77 as in force after the commencement.\nNothing in this section continues the appointment of a person beyond the end of that appointment under section 104D.\nsch 1 s 77A ins 2018 No. 17 s 193G\n(sch.1-sec.77A-ssec.1) An existing appointment of a person continued as mentioned in section 77 is taken to have been continued as mentioned in that section from the commencement of the section as originally enacted. Section 77 as originally enacted commenced on 10 November 2017.\n(sch.1-sec.77A-ssec.2) Anything done between 10 November 2017 and the commencement of this section by a person as the holder of the appointment is taken to have been validly done by the person as if the appointment had been continued as mentioned in section 77 as in force after the commencement.\n(sch.1-sec.77A-ssec.3) Nothing in this section continues the appointment of a person beyond the end of that appointment under section 104D.","sortOrder":679},{"sectionNumber":"sch.1-pt.16","sectionType":"part","heading":"Transitional provision for Plumbing and Drainage Act 2018","content":"# Transitional provision for Plumbing and Drainage Act 2018","sortOrder":680},{"sectionNumber":"sch.1-sec.78","sectionType":"section","heading":"Continuing classes of licences that automatically transition to new licence class","content":"### sch.1-sec.78 Continuing classes of licences that automatically transition to new licence class\n\nSubsection (2) applies to a licensee who immediately before the commencement held a contractor’s licence for refrigeration, airconditioning and mechanical services including unlimited design licence.\nThe licensee is taken to be a licensee for a mechanical services—air-conditioning and refrigeration (unlimited design), subject to any conditions applying to the licence.\nSubsection (4) applies to a licensee who immediately before the commencement held a contractor’s licence for refrigeration, airconditioning and mechanical services including limited design licence.\nThe licensee is taken to be a licensee for a mechanical services—air-conditioning and refrigeration (limited design), subject to any conditions applying to the licence.\nsch 1 s 78 ins 2018 No. 17 s 194\n(sch.1-sec.78-ssec.1) Subsection (2) applies to a licensee who immediately before the commencement held a contractor’s licence for refrigeration, airconditioning and mechanical services including unlimited design licence.\n(sch.1-sec.78-ssec.2) The licensee is taken to be a licensee for a mechanical services—air-conditioning and refrigeration (unlimited design), subject to any conditions applying to the licence.\n(sch.1-sec.78-ssec.3) Subsection (4) applies to a licensee who immediately before the commencement held a contractor’s licence for refrigeration, airconditioning and mechanical services including limited design licence.\n(sch.1-sec.78-ssec.4) The licensee is taken to be a licensee for a mechanical services—air-conditioning and refrigeration (limited design), subject to any conditions applying to the licence.","sortOrder":681},{"sectionNumber":"sch.1-pt.17","sectionType":"part","heading":"Transitional and validation provisions for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020","content":"# Transitional and validation provisions for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020","sortOrder":682},{"sectionNumber":"sch.1-sec.79","sectionType":"section","heading":"Validation of relevant landscaping work","content":"### sch.1-sec.79 Validation of relevant landscaping work\n\nThis section applies in relation to relevant landscaping work carried out before the commencement of the Queensland Building and Construction Commission (Structural Landscaping Licences) Amendment Regulation 2019 by the holder of a licence of either of the following classes—\na builder restricted to structural landscaping licence;\na structural landscaping (trade) licence.\nThe holder is taken to have held a licence of the appropriate class for carrying out the relevant landscaping work.\nIn this section—\nrelevant landscaping work means work mentioned in the following provisions of the Queensland Building and Construction Commission Regulation 2018 —\nschedule 2, part 10, section 2(7);\nschedule 2, part 54, section 2(5).\nsch 1 s 79 ins 2020 No. 24 s 125\n(sch.1-sec.79-ssec.1) This section applies in relation to relevant landscaping work carried out before the commencement of the Queensland Building and Construction Commission (Structural Landscaping Licences) Amendment Regulation 2019 by the holder of a licence of either of the following classes— a builder restricted to structural landscaping licence; a structural landscaping (trade) licence.\n(sch.1-sec.79-ssec.2) The holder is taken to have held a licence of the appropriate class for carrying out the relevant landscaping work.\n(sch.1-sec.79-ssec.3) In this section— relevant landscaping work means work mentioned in the following provisions of the Queensland Building and Construction Commission Regulation 2018 — schedule 2, part 10, section 2(7); schedule 2, part 54, section 2(5).\n- (a) a builder restricted to structural landscaping licence;\n- (b) a structural landscaping (trade) licence.\n- (a) schedule 2, part 10, section 2(7);\n- (b) schedule 2, part 54, section 2(5).","sortOrder":683},{"sectionNumber":"sch.1-sec.79A","sectionType":"section","heading":"Validation of work—installation of fire collars","content":"### sch.1-sec.79A Validation of work—installation of fire collars\n\nThis section applies in relation to work that is the installation of a fire collar—\nthat was carried out by the holder of a relevant licence before the relevant commencement; and\nto the extent the work would, if it were carried out by the holder on the relevant commencement, have been authorised for the holder’s licence under an amended provision.\nThe holder is taken to have held a licence of the appropriate class for carrying out the work.\nIn this section—\namended provisions means the following provisions of the Queensland Building and Construction Commission Regulation 2018 , schedule 2, as in force on the relevant commencement—\npart 18, section 2(2);\npart 25, section 2(3)(b);\npart 26, section 2(7);\npart 30, section 2(2)(b);\npart 36, section 2(2);\npart 47, section 2(2);\npart 48, section 2(2).\nrelevant commencement means the commencement of the Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2019 , section 12.\nThe date of the relevant commencement is 13 December 2019.\nrelevant licence means a licence of any of the following classes—\nplumbing and drainage;\nthe licence class of install and maintain for a special hazard suppression systems licence;\nthe following licence classes for a sprinkler and suppression systems (reticulated water-based) licence—\ninstall and maintain;\ninstall and maintain—restricted to commercial or industrial type;\ninstall and maintain—restricted to domestic or residential type;\nthe licence class of install and maintain—extra low voltage for a fire detection, alarm and warning systems licence;\ngasfitting;\nrefrigeration, air conditioning and mechanical services including unlimited design;\nrefrigeration, air conditioning and mechanical services including limited design.\nsch 1 s 79A ins 2020 No. 24 s 125\n(sch.1-sec.79A-ssec.1) This section applies in relation to work that is the installation of a fire collar— that was carried out by the holder of a relevant licence before the relevant commencement; and to the extent the work would, if it were carried out by the holder on the relevant commencement, have been authorised for the holder’s licence under an amended provision.\n(sch.1-sec.79A-ssec.2) The holder is taken to have held a licence of the appropriate class for carrying out the work.\n(sch.1-sec.79A-ssec.3) In this section— amended provisions means the following provisions of the Queensland Building and Construction Commission Regulation 2018 , schedule 2, as in force on the relevant commencement— part 18, section 2(2); part 25, section 2(3)(b); part 26, section 2(7); part 30, section 2(2)(b); part 36, section 2(2); part 47, section 2(2); part 48, section 2(2). relevant commencement means the commencement of the Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2019 , section 12. The date of the relevant commencement is 13 December 2019. relevant licence means a licence of any of the following classes— plumbing and drainage; the licence class of install and maintain for a special hazard suppression systems licence; the following licence classes for a sprinkler and suppression systems (reticulated water-based) licence— install and maintain; install and maintain—restricted to commercial or industrial type; install and maintain—restricted to domestic or residential type; the licence class of install and maintain—extra low voltage for a fire detection, alarm and warning systems licence; gasfitting; refrigeration, air conditioning and mechanical services including unlimited design; refrigeration, air conditioning and mechanical services including limited design.\n- (a) that was carried out by the holder of a relevant licence before the relevant commencement; and\n- (b) to the extent the work would, if it were carried out by the holder on the relevant commencement, have been authorised for the holder’s licence under an amended provision.\n- (a) part 18, section 2(2);\n- (b) part 25, section 2(3)(b);\n- (c) part 26, section 2(7);\n- (d) part 30, section 2(2)(b);\n- (e) part 36, section 2(2);\n- (f) part 47, section 2(2);\n- (g) part 48, section 2(2).\n- (a) plumbing and drainage;\n- (b) the licence class of install and maintain for a special hazard suppression systems licence;\n- (c) the following licence classes for a sprinkler and suppression systems (reticulated water-based) licence— (i) install and maintain; (ii) install and maintain—restricted to commercial or industrial type; (iii) install and maintain—restricted to domestic or residential type;\n- (i) install and maintain;\n- (ii) install and maintain—restricted to commercial or industrial type;\n- (iii) install and maintain—restricted to domestic or residential type;\n- (d) the licence class of install and maintain—extra low voltage for a fire detection, alarm and warning systems licence;\n- (e) gasfitting;\n- (f) refrigeration, air conditioning and mechanical services including unlimited design;\n- (g) refrigeration, air conditioning and mechanical services including limited design.\n- (i) install and maintain;\n- (ii) install and maintain—restricted to commercial or industrial type;\n- (iii) install and maintain—restricted to domestic or residential type;","sortOrder":684},{"sectionNumber":"sch.1-sec.80","sectionType":"section","heading":"Matters relating to interstate or New Zealand licences","content":"### sch.1-sec.80 Matters relating to interstate or New Zealand licences\n\nFor deciding whether a person is a fit and proper person or whether to suspend or cancel a licence, sections 31, 32, 32AA(2) and 48(2) apply in relation to the suspension or cancellation of an interstate or New Zealand licence only if the suspension or cancellation happens after the commencement.\nThe commission may give a notice under section 28C for an event mentioned in section 28C(1) only if the event happens after the commencement.\nsch 1 s 80 ins 2020 No. 24 s 125\n(sch.1-sec.80-ssec.1) For deciding whether a person is a fit and proper person or whether to suspend or cancel a licence, sections 31, 32, 32AA(2) and 48(2) apply in relation to the suspension or cancellation of an interstate or New Zealand licence only if the suspension or cancellation happens after the commencement.\n(sch.1-sec.80-ssec.2) The commission may give a notice under section 28C for an event mentioned in section 28C(1) only if the event happens after the commencement.","sortOrder":685},{"sectionNumber":"sch.1-sec.81","sectionType":"section","heading":"Accountants excluded under minimum financial requirements before commencement","content":"### sch.1-sec.81 Accountants excluded under minimum financial requirements before commencement\n\nThis section applies if, before the commencement, the commission decided not to approve a person as a qualified accountant for the Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018 , section 11D.\nAs soon as practicable after the commencement, the commission must give the person an exclusion notice for the decision.\nThe exclusion notice is taken to have been given to the person on the day the person was given notice of the decision mentioned in subsection (1) that the person was not approved as a qualified accountant.\nsch 1 s 81 ins 2020 No. 24 s 125\n(sch.1-sec.81-ssec.1) This section applies if, before the commencement, the commission decided not to approve a person as a qualified accountant for the Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018 , section 11D.\n(sch.1-sec.81-ssec.2) As soon as practicable after the commencement, the commission must give the person an exclusion notice for the decision.\n(sch.1-sec.81-ssec.3) The exclusion notice is taken to have been given to the person on the day the person was given notice of the decision mentioned in subsection (1) that the person was not approved as a qualified accountant.","sortOrder":686},{"sectionNumber":"sch.1-sec.82","sectionType":"section","heading":null,"content":"### Section sch.1-sec.82\n\nsch 1 s 82 ins 2020 No. 24 s 125\nexp 1 October 2022 (see s 82(4))","sortOrder":687},{"sectionNumber":"sch.1-sec.83","sectionType":"section","heading":"Application of pts 3A, 3B, 3C and 3E","content":"### sch.1-sec.83 Application of pts 3A, 3B, 3C and 3E\n\nParts 3A, 3B, 3C and 3E apply to a site supervisor only in relation to a relevant event that happens after the commencement.\nPart 3A, division 4 applies in relation to an individual, other than a site supervisor, who is an excluded individual for a relevant event, whether the event happened before or after the commencement.\nPart 3B, division 3 applies in relation to an individual, other than a site supervisor, who is a permanently excluded individual, even if the individual became a permanently excluded individual before the commencement.\nsch 1 s 83 ins 2020 No. 24 s 148\n(sch.1-sec.83-ssec.1) Parts 3A, 3B, 3C and 3E apply to a site supervisor only in relation to a relevant event that happens after the commencement.\n(sch.1-sec.83-ssec.2) Part 3A, division 4 applies in relation to an individual, other than a site supervisor, who is an excluded individual for a relevant event, whether the event happened before or after the commencement.\n(sch.1-sec.83-ssec.3) Part 3B, division 3 applies in relation to an individual, other than a site supervisor, who is a permanently excluded individual, even if the individual became a permanently excluded individual before the commencement.","sortOrder":688},{"sectionNumber":"sch.1-sec.84","sectionType":"section","heading":"Continued application of pre-amended limitation period","content":"### sch.1-sec.84 Continued application of pre-amended limitation period\n\nSection 111, as in force from time to time before the commencement, continues to apply in relation to an offence committed before the commencement.\nsch 1 s 84 ins 2020 No. 24 s 148","sortOrder":689},{"sectionNumber":"sch.1-pt.18","sectionType":"part","heading":"Transitional and validation provisions for Justice and Other Legislation Amendment Act 2021","content":"# Transitional and validation provisions for Justice and Other Legislation Amendment Act 2021","sortOrder":690},{"sectionNumber":"sch.1-sec.85","sectionType":"section","heading":"Definition for part","content":"### sch.1-sec.85 Definition for part\n\nIn this part—\nvalidation period means the period—\nstarting at the beginning of the day on 11 November 2019; and\nending at the end of the day on 9 November 2021.\nThe Building Industry Fairness (Security of Payment) Act 2017 , section 281 commenced on 11 November 2019.\nThe Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021 commenced on 10 November 2021.\nsch 1 s 85 ins 2021 No. 23 s 56C\n- (a) starting at the beginning of the day on 11 November 2019; and\n- (b) ending at the end of the day on 9 November 2021. Notes— 1 The Building Industry Fairness (Security of Payment) Act 2017 , section 281 commenced on 11 November 2019. 2 The Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021 commenced on 10 November 2021.\n- 1 The Building Industry Fairness (Security of Payment) Act 2017 , section 281 commenced on 11 November 2019.\n- 2 The Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021 commenced on 10 November 2021.\n- 1 The Building Industry Fairness (Security of Payment) Act 2017 , section 281 commenced on 11 November 2019.\n- 2 The Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021 commenced on 10 November 2021.","sortOrder":691},{"sectionNumber":"sch.1-sec.86","sectionType":"section","heading":"Application of amended section 72","content":"### sch.1-sec.86 Application of amended section 72\n\nSection 72, as amended by the Justice and Other Legislation Amendment Act 2021 , is taken to have applied from the start of the validation period.\nsch 1 s 86 ins 2021 No. 23 s 56C","sortOrder":692},{"sectionNumber":"sch.1-sec.87","sectionType":"section","heading":"Validation of particular directions to rectify or remedy","content":"### sch.1-sec.87 Validation of particular directions to rectify or remedy\n\nThis section applies in relation to a direction made, or purportedly made, under section 72(2) during the validation period.\nIt is declared that the direction is, and always has been, as valid as it would have been if the 35-day period had been prescribed by regulation under section 72(4) throughout the validation period.\nAlso, subsection (4) applies if the period stated in the direction for rectifying building work or remedying consequential damage ended on a day that was—\nbetween 28 and 34 days after the day the direction was made, as stated in the direction; or\nlater than 35 days after the day the direction was made, as stated in the direction.\nIt is declared that the direction is, and always has been, as valid as it would have been if the period stated in the direction had complied with the 35-day period.\nWithout limiting subsection (2) or (4), any action, or purported action, taken in reliance on the direction is taken to be as lawful and valid as it would have been if the matters mentioned in the subsection had effect.\nthe grant, under section 72B, of an extension of the period for compliance with the direction\nThis section does not limit the operation of section 76 of this schedule in relation to matters provided for under a policy mentioned in that section.\nIn this section—\n35-day period means the period prescribed under section 72(4) by the Queensland Building and Construction Commission Regulation 2018 , section 53A.\nSection 53A was inserted by the Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021 .\nsch 1 s 87 ins 2021 No. 23 s 56C\n(sch.1-sec.87-ssec.1) This section applies in relation to a direction made, or purportedly made, under section 72(2) during the validation period.\n(sch.1-sec.87-ssec.2) It is declared that the direction is, and always has been, as valid as it would have been if the 35-day period had been prescribed by regulation under section 72(4) throughout the validation period.\n(sch.1-sec.87-ssec.3) Also, subsection (4) applies if the period stated in the direction for rectifying building work or remedying consequential damage ended on a day that was— between 28 and 34 days after the day the direction was made, as stated in the direction; or later than 35 days after the day the direction was made, as stated in the direction.\n(sch.1-sec.87-ssec.4) It is declared that the direction is, and always has been, as valid as it would have been if the period stated in the direction had complied with the 35-day period.\n(sch.1-sec.87-ssec.5) Without limiting subsection (2) or (4), any action, or purported action, taken in reliance on the direction is taken to be as lawful and valid as it would have been if the matters mentioned in the subsection had effect. the grant, under section 72B, of an extension of the period for compliance with the direction\n(sch.1-sec.87-ssec.6) This section does not limit the operation of section 76 of this schedule in relation to matters provided for under a policy mentioned in that section.\n(sch.1-sec.87-ssec.7) In this section— 35-day period means the period prescribed under section 72(4) by the Queensland Building and Construction Commission Regulation 2018 , section 53A. Section 53A was inserted by the Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021 .\n- (a) between 28 and 34 days after the day the direction was made, as stated in the direction; or\n- (b) later than 35 days after the day the direction was made, as stated in the direction.","sortOrder":693},{"sectionNumber":"sch.1-sec.88","sectionType":"section","heading":"Extension of time for giving directions","content":"### sch.1-sec.88 Extension of time for giving directions\n\nThis section applies if, during the suspension period—\nthe limitation period for giving a direction to rectify or remedy building work ended; and\nthe commission did not give the direction.\nDespite section 72A(4), the limitation period for giving the direction is taken to end on the day that is 7 days after the commencement.\nIn this section—\nlimitation period , for giving a direction to rectify or remedy building work, means the period, mentioned in section 72A(4), of 6 years and 6 months after the building work to which the direction relates.\nsuspension period means the period—\nstarting at the beginning of the day on 3 November 2021; and\nending at the end of the day on 9 November 2021.\nsch 1 s 88 ins 2021 No. 23 s 56C\n(sch.1-sec.88-ssec.1) This section applies if, during the suspension period— the limitation period for giving a direction to rectify or remedy building work ended; and the commission did not give the direction.\n(sch.1-sec.88-ssec.2) Despite section 72A(4), the limitation period for giving the direction is taken to end on the day that is 7 days after the commencement.\n(sch.1-sec.88-ssec.3) In this section— limitation period , for giving a direction to rectify or remedy building work, means the period, mentioned in section 72A(4), of 6 years and 6 months after the building work to which the direction relates. suspension period means the period— starting at the beginning of the day on 3 November 2021; and ending at the end of the day on 9 November 2021.\n- (a) the limitation period for giving a direction to rectify or remedy building work ended; and\n- (b) the commission did not give the direction.\n- (a) starting at the beginning of the day on 3 November 2021; and\n- (b) ending at the end of the day on 9 November 2021.","sortOrder":694},{"sectionNumber":"sch.1-pt.19","sectionType":"part","heading":"Declaratory and validation provisions for Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025","content":"# Declaratory and validation provisions for Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025","sortOrder":695},{"sectionNumber":"sch.1-sec.89","sectionType":"section","heading":"Definitions for part","content":"### sch.1-sec.89 Definitions for part\n\nIn this part—\naffirmative decision , in relation to residential construction work, see section 91 of this schedule.\nbinding declaration —\nmeans a declaration made by the tribunal under the QCAT Act , section 60 (1) ; and\nincludes an order made by the tribunal under the QCAT Act , section 60 (2) to give effect to the declaration.\nconsumer —\nhas the meaning given under section 67WA of the Act ; and\nincludes the following persons—\na defrauded person under section 68H (1) (c) of the Act ;\na person declared to be, or to have been, a consumer under section 93 of this schedule.\nessential requirements , for a contract for the carrying out of residential construction work, see section 90 of this schedule.\nnon-compliant arrangement see section 92 (1) of this schedule.\nrectification decision , in relation to residential construction work, means a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete the work.\nreview decision means a decision made by the tribunal under the QCAT Act , section 24 (1) (a) or (b) .\ntermination decision , in relation to residential construction work carried out under a non-compliant arrangement, means a decision—\nthat the arrangement was terminated in circumstances that, had the arrangement been a contract, would have constituted a valid termination of the contract; and\nthat had the consequence of allowing a claim for non-completion of the work under the statutory insurance scheme.\nsch 1 s 89 ins 2025 No. 14 s 85S\n- (a) means a declaration made by the tribunal under the QCAT Act , section 60 (1) ; and\n- (b) includes an order made by the tribunal under the QCAT Act , section 60 (2) to give effect to the declaration.\n- (a) has the meaning given under section 67WA of the Act ; and\n- (b) includes the following persons— (i) a defrauded person under section 68H (1) (c) of the Act ; (ii) a person declared to be, or to have been, a consumer under section 93 of this schedule.\n- (i) a defrauded person under section 68H (1) (c) of the Act ;\n- (ii) a person declared to be, or to have been, a consumer under section 93 of this schedule.\n- (i) a defrauded person under section 68H (1) (c) of the Act ;\n- (ii) a person declared to be, or to have been, a consumer under section 93 of this schedule.\n- (a) that the arrangement was terminated in circumstances that, had the arrangement been a contract, would have constituted a valid termination of the contract; and\n- (b) that had the consequence of allowing a claim for non-completion of the work under the statutory insurance scheme.","sortOrder":696},{"sectionNumber":"sch.1-sec.90","sectionType":"section","heading":"Meaning of essential requirements for a contract for residential construction work","content":"### sch.1-sec.90 Meaning of essential requirements for a contract for residential construction work\n\nThe essential requirements for a contract for the carrying out of residential construction work are that the contract must be in writing and dated and signed by or for each party to the contract.\nsch 1 s 90 ins 2025 No. 14 s 85S","sortOrder":697},{"sectionNumber":"sch.1-sec.91","sectionType":"section","heading":"Meaning of affirmative decision in relation to residential construction work","content":"### sch.1-sec.91 Meaning of affirmative decision in relation to residential construction work\n\nEach of the following decisions of the commission is an affirmative decision in relation to residential construction work—\na rectification decision relating to the work;\na termination decision relating to the work;\na decision to allow a claim for the work under the statutory insurance scheme;\na decision to pay an amount for a claim for the work under the statutory insurance scheme;\na decision under section 71 of the Act to recover an amount for the work.\nsch 1 s 91 ins 2025 No. 14 s 85S\n- (a) a rectification decision relating to the work;\n- (b) a termination decision relating to the work;\n- (c) a decision to allow a claim for the work under the statutory insurance scheme;\n- (d) a decision to pay an amount for a claim for the work under the statutory insurance scheme;\n- (e) a decision under section 71 of the Act to recover an amount for the work.","sortOrder":698},{"sectionNumber":"sch.1-sec.92","sectionType":"section","heading":"Effect of non-compliant arrangement","content":"### sch.1-sec.92 Effect of non-compliant arrangement\n\nThis section applies in relation to an arrangement, entered into before the commencement, for the carrying out of residential construction work (a non-compliant arrangement ) that—\ndid not comply with the essential requirements for a contract for the carrying out of the work; but\nwould have had effect as a contract for the carrying out of the work if the arrangement had complied with the essential requirements for a contract for the carrying out of the work.\nThis section applies whether or not the non-compliant arrangement remains in effect on the commencement.\nDespite schedule 1B , sections 13 (5) and 14 (10) , the non-compliant arrangement is taken to be, and always to have been, a contract for the carrying out of the residential construction work under part 5 of the Act .\nsch 1 s 92 ins 2025 No. 14 s 85S\n(sch.1-sec.92-ssec.1) This section applies in relation to an arrangement, entered into before the commencement, for the carrying out of residential construction work (a non-compliant arrangement ) that— did not comply with the essential requirements for a contract for the carrying out of the work; but would have had effect as a contract for the carrying out of the work if the arrangement had complied with the essential requirements for a contract for the carrying out of the work.\n(sch.1-sec.92-ssec.2) This section applies whether or not the non-compliant arrangement remains in effect on the commencement.\n(sch.1-sec.92-ssec.3) Despite schedule 1B , sections 13 (5) and 14 (10) , the non-compliant arrangement is taken to be, and always to have been, a contract for the carrying out of the residential construction work under part 5 of the Act .\n- (a) did not comply with the essential requirements for a contract for the carrying out of the work; but\n- (b) would have had effect as a contract for the carrying out of the work if the arrangement had complied with the essential requirements for a contract for the carrying out of the work.","sortOrder":699},{"sectionNumber":"sch.1-sec.93","sectionType":"section","heading":"Declaration about consumer for residential construction work under non-compliant arrangement","content":"### sch.1-sec.93 Declaration about consumer for residential construction work under non-compliant arrangement\n\nThis section applies to a person who, but for schedule 1B , section 13 (5) or 14 (10) , would be, or would have been, a consumer for residential construction work that is, or was, the subject of a non-compliant arrangement.\nIt is declared that the person is, or was, a consumer for the residential construction work as if the non-compliant arrangement were, and had always been, a contract for the carrying out of the work under part 5 of the Act .\nsch 1 s 93 ins 2025 No. 14 s 85S\n(sch.1-sec.93-ssec.1) This section applies to a person who, but for schedule 1B , section 13 (5) or 14 (10) , would be, or would have been, a consumer for residential construction work that is, or was, the subject of a non-compliant arrangement.\n(sch.1-sec.93-ssec.2) It is declared that the person is, or was, a consumer for the residential construction work as if the non-compliant arrangement were, and had always been, a contract for the carrying out of the work under part 5 of the Act .","sortOrder":700},{"sectionNumber":"sch.1-sec.94","sectionType":"section","heading":"Validation of particular decisions of commission","content":"### sch.1-sec.94 Validation of particular decisions of commission\n\nThis section applies if, before the commencement, the commission made an affirmative decision in relation to residential construction work that was the subject of a non-compliant arrangement.\nHowever, this section does not apply in relation to a rectification decision or termination decision relating to the residential construction work if, before the commencement, the tribunal made a review decision or binding declaration affecting the rectification decision or termination decision.\nThe affirmative decision is taken to be, and to always have been, as valid as it would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .\nAny action, or purported action, taken in reliance on the affirmative decision is taken to be as lawful and valid as it would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .\nsch 1 s 94 ins 2025 No. 14 s 85S\n(sch.1-sec.94-ssec.1) This section applies if, before the commencement, the commission made an affirmative decision in relation to residential construction work that was the subject of a non-compliant arrangement.\n(sch.1-sec.94-ssec.2) However, this section does not apply in relation to a rectification decision or termination decision relating to the residential construction work if, before the commencement, the tribunal made a review decision or binding declaration affecting the rectification decision or termination decision.\n(sch.1-sec.94-ssec.3) The affirmative decision is taken to be, and to always have been, as valid as it would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .\n(sch.1-sec.94-ssec.4) Any action, or purported action, taken in reliance on the affirmative decision is taken to be as lawful and valid as it would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .","sortOrder":701},{"sectionNumber":"sch.1-sec.95","sectionType":"section","heading":"Validation of particular actions of commission","content":"### sch.1-sec.95 Validation of particular actions of commission\n\nThis section applies if, before the commencement—\nthe commission did any of the following things (each a supportive action ) in relation to residential construction work—\naccepted an insurance premium for the work;\nissued a notice of cover for the work;\nrecovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work;\nrecovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work;\nsought or accepted a tender for building work to rectify or complete the work;\nauthorised the carrying out of building work to rectify or complete the work;\npaid a claim for the work under the statutory insurance scheme; and\nthe work was the subject of a non-compliant arrangement.\nHowever, this section does not apply if the supportive action related to a rectification decision or termination decision mentioned in section 94 (2) of this schedule.\nThe supportive action is taken to be, and to always have been, as valid as the action would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .\nsch 1 s 95 ins 2025 No. 14 s 85S\n(sch.1-sec.95-ssec.1) This section applies if, before the commencement— the commission did any of the following things (each a supportive action ) in relation to residential construction work— accepted an insurance premium for the work; issued a notice of cover for the work; recovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work; recovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work; sought or accepted a tender for building work to rectify or complete the work; authorised the carrying out of building work to rectify or complete the work; paid a claim for the work under the statutory insurance scheme; and the work was the subject of a non-compliant arrangement.\n(sch.1-sec.95-ssec.2) However, this section does not apply if the supportive action related to a rectification decision or termination decision mentioned in section 94 (2) of this schedule.\n(sch.1-sec.95-ssec.3) The supportive action is taken to be, and to always have been, as valid as the action would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .\n- (a) the commission did any of the following things (each a supportive action ) in relation to residential construction work— (i) accepted an insurance premium for the work; (ii) issued a notice of cover for the work; (iii) recovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work; (iv) recovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work; (v) sought or accepted a tender for building work to rectify or complete the work; (vi) authorised the carrying out of building work to rectify or complete the work; (vii) paid a claim for the work under the statutory insurance scheme; and\n- (i) accepted an insurance premium for the work;\n- (ii) issued a notice of cover for the work;\n- (iii) recovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work;\n- (iv) recovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work;\n- (v) sought or accepted a tender for building work to rectify or complete the work;\n- (vi) authorised the carrying out of building work to rectify or complete the work;\n- (vii) paid a claim for the work under the statutory insurance scheme; and\n- (b) the work was the subject of a non-compliant arrangement.\n- (i) accepted an insurance premium for the work;\n- (ii) issued a notice of cover for the work;\n- (iii) recovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work;\n- (iv) recovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work;\n- (v) sought or accepted a tender for building work to rectify or complete the work;\n- (vi) authorised the carrying out of building work to rectify or complete the work;\n- (vii) paid a claim for the work under the statutory insurance scheme; and","sortOrder":702},{"sectionNumber":"sch.1-sec.96","sectionType":"section","heading":"Review of particular decisions of commission","content":"### sch.1-sec.96 Review of particular decisions of commission\n\nThis section applies if, before the commencement—\na person entered into an arrangement for the carrying out of residential construction work; and\nthe commission made either of the following decisions (each a rejection decision ), whether in the first instance or as an internal review decision, in relation to the work—\na decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision );\na decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and\nthe rejection decision was made wholly or partly because the commission considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work.\nHowever, this section does not apply in relation to a disallowance decision if, before the commencement, the tribunal made a review decision or binding declaration affecting the disallowance decision.\nA consumer for the residential construction work affected by the rejection decision may, within 6 months after the commencement, apply to the commission for review of the decision.\nFor an application for review of the rejection decision under subsection (3) , each of the following decisions is taken to be a reviewable decision under part 7 , division 3 , subdivision 1 of the Act —\na disallowance decision made as an internal review decision;\na non-termination decision.\nSection 86C (1) of the Act applies in relation to an application for review of the rejection decision under subsection (3) as if the application were an internal review application made under section 86B of the Act .\nSubject to subsections (3) to (5) , part 7 , division 3 , subdivision 1 of the Act , other than sections 86A and 86B (b) , applies in relation to an application for review under subsection (3) .\nsch 1 s 96 ins 2025 No. 14 s 85S\n(sch.1-sec.96-ssec.1) This section applies if, before the commencement— a person entered into an arrangement for the carrying out of residential construction work; and the commission made either of the following decisions (each a rejection decision ), whether in the first instance or as an internal review decision, in relation to the work— a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision ); a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and the rejection decision was made wholly or partly because the commission considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work.\n(sch.1-sec.96-ssec.2) However, this section does not apply in relation to a disallowance decision if, before the commencement, the tribunal made a review decision or binding declaration affecting the disallowance decision.\n(sch.1-sec.96-ssec.3) A consumer for the residential construction work affected by the rejection decision may, within 6 months after the commencement, apply to the commission for review of the decision.\n(sch.1-sec.96-ssec.4) For an application for review of the rejection decision under subsection (3) , each of the following decisions is taken to be a reviewable decision under part 7 , division 3 , subdivision 1 of the Act — a disallowance decision made as an internal review decision; a non-termination decision.\n(sch.1-sec.96-ssec.5) Section 86C (1) of the Act applies in relation to an application for review of the rejection decision under subsection (3) as if the application were an internal review application made under section 86B of the Act .\n(sch.1-sec.96-ssec.6) Subject to subsections (3) to (5) , part 7 , division 3 , subdivision 1 of the Act , other than sections 86A and 86B (b) , applies in relation to an application for review under subsection (3) .\n- (a) a person entered into an arrangement for the carrying out of residential construction work; and\n- (b) the commission made either of the following decisions (each a rejection decision ), whether in the first instance or as an internal review decision, in relation to the work— (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision ); (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and\n- (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision );\n- (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and\n- (c) the rejection decision was made wholly or partly because the commission considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work.\n- (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision );\n- (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and\n- (a) a disallowance decision made as an internal review decision;\n- (b) a non-termination decision.","sortOrder":703},{"sectionNumber":"sch.1-sec.97","sectionType":"section","heading":"Preservation of effect of particular tribunal decisions","content":"### sch.1-sec.97 Preservation of effect of particular tribunal decisions\n\nThis section applies if, before the commencement—\na person entered into a non-compliant arrangement for the carrying out of residential construction work; and\nthe tribunal made any of the following decisions, declarations or orders (each an affirmative tribunal decision )—\na review decision or binding declaration that—\nwas consistent with a rectification decision relating to the work; or\nconfirmed a termination decision relating to the work;\nan order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work;\nanother decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work.\nThe rights, interests and liabilities of all persons affected by the affirmative tribunal decision or related action for the decision are the same, and are taken to have always been the same, as they would be or would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .\nIn this section—\nrelated action , for an affirmative tribunal decision, means action, or purported action, taken in reliance on the decision.\nsch 1 s 97 ins 2025 No. 14 s 85S\n(sch.1-sec.97-ssec.1) This section applies if, before the commencement— a person entered into a non-compliant arrangement for the carrying out of residential construction work; and the tribunal made any of the following decisions, declarations or orders (each an affirmative tribunal decision )— a review decision or binding declaration that— was consistent with a rectification decision relating to the work; or confirmed a termination decision relating to the work; an order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work; another decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work.\n(sch.1-sec.97-ssec.2) The rights, interests and liabilities of all persons affected by the affirmative tribunal decision or related action for the decision are the same, and are taken to have always been the same, as they would be or would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .\n(sch.1-sec.97-ssec.3) In this section— related action , for an affirmative tribunal decision, means action, or purported action, taken in reliance on the decision.\n- (a) a person entered into a non-compliant arrangement for the carrying out of residential construction work; and\n- (b) the tribunal made any of the following decisions, declarations or orders (each an affirmative tribunal decision )— (i) a review decision or binding declaration that— (A) was consistent with a rectification decision relating to the work; or (B) confirmed a termination decision relating to the work; (ii) an order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work; (iii) another decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work.\n- (i) a review decision or binding declaration that— (A) was consistent with a rectification decision relating to the work; or (B) confirmed a termination decision relating to the work;\n- (A) was consistent with a rectification decision relating to the work; or\n- (B) confirmed a termination decision relating to the work;\n- (ii) an order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work;\n- (iii) another decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work.\n- (i) a review decision or binding declaration that— (A) was consistent with a rectification decision relating to the work; or (B) confirmed a termination decision relating to the work;\n- (A) was consistent with a rectification decision relating to the work; or\n- (B) confirmed a termination decision relating to the work;\n- (ii) an order under section 93 (2) of the Act for the payment of an amount under section 71 of the Act relating to the work;\n- (iii) another decision, declaration or order made on the basis that the non-compliant arrangement was a contract for the carrying out of the work.\n- (A) was consistent with a rectification decision relating to the work; or\n- (B) confirmed a termination decision relating to the work;","sortOrder":704},{"sectionNumber":"sch.1-sec.98","sectionType":"section","heading":"Reopening of particular proceedings of tribunal","content":"### sch.1-sec.98 Reopening of particular proceedings of tribunal\n\nThis section applies if, before the commencement—\na person entered into an arrangement for the carrying out of residential construction work; and\nthe tribunal made either of the following decisions—\na decision to disallow a claim for the work under the statutory insurance scheme wholly or in part;\na decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and\nthe decision was made wholly or partly because the tribunal considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work.\nA consumer for the residential construction work affected by the decision may, within 6 months after the commencement, apply to the tribunal, under the QCAT Act , section 138 , to reopen the proceeding for which the decision was made (the reopening application ).\nThe QCAT Act , section 138 (2) does not apply to the reopening application.\nDespite the QCAT Act , section 139 (4) , the tribunal may grant the reopening application if the tribunal considers—\nsubsection (1) (c) applies to the decision; and\nthe decision may not have been made if the arrangement had complied with the essential requirements for a contract for the carrying out of the residential construction work.\nThe QCAT Act , section 140 , applies in relation to hearing and deciding the issues in the reopened proceeding as if the tribunal had decided the proceeding should be reopened under section 139 of that Act.\nSubject to subsections (2) to (5) , the QCAT Act , chapter 2 , part 7 , division 7 applies in relation to reopening the proceeding and hearing and deciding the issues in the proceeding.\nsch 1 s 98 ins 2025 No. 14 s 85S\n(sch.1-sec.98-ssec.1) This section applies if, before the commencement— a person entered into an arrangement for the carrying out of residential construction work; and the tribunal made either of the following decisions— a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part; a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and the decision was made wholly or partly because the tribunal considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work.\n(sch.1-sec.98-ssec.2) A consumer for the residential construction work affected by the decision may, within 6 months after the commencement, apply to the tribunal, under the QCAT Act , section 138 , to reopen the proceeding for which the decision was made (the reopening application ).\n(sch.1-sec.98-ssec.3) The QCAT Act , section 138 (2) does not apply to the reopening application.\n(sch.1-sec.98-ssec.4) Despite the QCAT Act , section 139 (4) , the tribunal may grant the reopening application if the tribunal considers— subsection (1) (c) applies to the decision; and the decision may not have been made if the arrangement had complied with the essential requirements for a contract for the carrying out of the residential construction work.\n(sch.1-sec.98-ssec.5) The QCAT Act , section 140 , applies in relation to hearing and deciding the issues in the reopened proceeding as if the tribunal had decided the proceeding should be reopened under section 139 of that Act.\n(sch.1-sec.98-ssec.6) Subject to subsections (2) to (5) , the QCAT Act , chapter 2 , part 7 , division 7 applies in relation to reopening the proceeding and hearing and deciding the issues in the proceeding.\n- (a) a person entered into an arrangement for the carrying out of residential construction work; and\n- (b) the tribunal made either of the following decisions— (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part; (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and\n- (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part;\n- (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and\n- (c) the decision was made wholly or partly because the tribunal considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work.\n- (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part;\n- (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and\n- (a) subsection (1) (c) applies to the decision; and\n- (b) the decision may not have been made if the arrangement had complied with the essential requirements for a contract for the carrying out of the residential construction work.","sortOrder":705},{"sectionNumber":"sch.1-sec.99","sectionType":"section","heading":"No compensation payable","content":"### sch.1-sec.99 No compensation payable\n\nNo compensation is payable by the State or the commission to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.\nThis section applies despite any other Act or law.\nIn this section—\nrelevant amendment means an amendment of the Act by the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025 , chapter 4D .\nsch 1 s 99 ins 2025 No. 14 s 85S\n(sch.1-sec.99-ssec.1) No compensation is payable by the State or the commission to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.\n(sch.1-sec.99-ssec.2) This section applies despite any other Act or law.\n(sch.1-sec.99-ssec.3) In this section— relevant amendment means an amendment of the Act by the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025 , chapter 4D .","sortOrder":706},{"sectionNumber":"sch.1-pt.20","sectionType":"part","heading":"Transitional provisions for Queensland Building and Construction Commission and Other Legislation Amendment Act 2025","content":"# Transitional provisions for Queensland Building and Construction Commission and Other Legislation Amendment Act 2025","sortOrder":707},{"sectionNumber":"sch.1-sec.100","sectionType":"section","heading":"Definitions for part","content":"### sch.1-sec.100 Definitions for part\n\nIn this part—\namendment Act means the Queensland Building and Construction Commission and Other Legislation Amendment Act 2025 .\nformer , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\nsch 1 s 100 ins 2025 No. 28 s 39","sortOrder":708},{"sectionNumber":"sch.1-sec.101","sectionType":"section","heading":"Existing applications for licences","content":"### sch.1-sec.101 Existing applications for licences\n\nThis section applies if—\nbefore the commencement, an application was made under former section 33 for a licence; and\nimmediately before the commencement, the application had not been decided.\nThis Act, as in force immediately before the commencement, continues to apply to the application as if the amendment Act had not been enacted.\nsch 1 s 101 ins 2025 No. 28 s 39\n(sch.1-sec.101-ssec.1) This section applies if— before the commencement, an application was made under former section 33 for a licence; and immediately before the commencement, the application had not been decided.\n(sch.1-sec.101-ssec.2) This Act, as in force immediately before the commencement, continues to apply to the application as if the amendment Act had not been enacted.\n- (a) before the commencement, an application was made under former section 33 for a licence; and\n- (b) immediately before the commencement, the application had not been decided.","sortOrder":709},{"sectionNumber":"sch.1-sec.102","sectionType":"section","heading":"Recovery from licensed contractors in relation to particular contracts","content":"### sch.1-sec.102 Recovery from licensed contractors in relation to particular contracts\n\nThis section applies in relation to a matter mentioned in section 71(1) that relates to a contract for carrying out building work that was made before the commencement.\nFormer section 71 continues to apply in relation to the matter as if the amendment Act had not been enacted.\nsch 1 s 102 ins 2025 No. 28 s 39\n(sch.1-sec.102-ssec.1) This section applies in relation to a matter mentioned in section 71(1) that relates to a contract for carrying out building work that was made before the commencement.\n(sch.1-sec.102-ssec.2) Former section 71 continues to apply in relation to the matter as if the amendment Act had not been enacted.","sortOrder":710},{"sectionNumber":"sch.1-sec.103","sectionType":"section","heading":"Persons who are taken to carry out particular building work","content":"### sch.1-sec.103 Persons who are taken to carry out particular building work\n\nThis section applies in relation to building work—\nmentioned in section 71I; and\nthat is the subject of a contract for carrying out building work that was made before the commencement.\nFormer section 71I continues to apply in relation to the building work as if the amendment Act had not been enacted.\nsch 1 s 103 ins 2025 No. 28 s 39\n(sch.1-sec.103-ssec.1) This section applies in relation to building work— mentioned in section 71I; and that is the subject of a contract for carrying out building work that was made before the commencement.\n(sch.1-sec.103-ssec.2) Former section 71I continues to apply in relation to the building work as if the amendment Act had not been enacted.\n- (a) mentioned in section 71I; and\n- (b) that is the subject of a contract for carrying out building work that was made before the commencement.","sortOrder":711},{"sectionNumber":"sch.1-sec.104","sectionType":"section","heading":"Particular defences for failure to comply with direction to rectify or remedy","content":"### sch.1-sec.104 Particular defences for failure to comply with direction to rectify or remedy\n\nThis section applies in relation to a matter mentioned in section 74(1)(a) or (b) that relates to a contract for carrying out building work that was made before the commencement.\nFormer section 74 continues to apply in relation to the licensed contractor the subject of the matter as if the amendment Act had not been enacted.\nsch 1 s 104 ins 2025 No. 28 s 39\n(sch.1-sec.104-ssec.1) This section applies in relation to a matter mentioned in section 74(1)(a) or (b) that relates to a contract for carrying out building work that was made before the commencement.\n(sch.1-sec.104-ssec.2) Former section 74 continues to apply in relation to the licensed contractor the subject of the matter as if the amendment Act had not been enacted.","sortOrder":712},{"sectionNumber":"sch.1B-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":713},{"sectionNumber":"sch.1B-sec.1","sectionType":"section","heading":"Definitions for sch 1B","content":"### sch.1B-sec.1 Definitions for sch 1B\n\nIn this schedule—\nbuilding includes—\na structure, including a temporary building and other temporary structure; and\na part of a structure.\nbuilding contractor means a person who—\ncarries out domestic building work; or\nmanages the carrying out of domestic building work; or\nhas carried out, or managed the carrying out of, domestic building work; or\nintends to carry out, or to manage the carrying out of, domestic building work.\nbuilding owner means the person for whom domestic building work has been, is being, or is to be, carried out.\nbuilding site means a place where domestic building work has been, is being, or is to be, carried out.\ncertificate of inspection , for a regulated contract, means a certificate that—\nis issued under an Act following an inspection of the subject work or a part of the subject work; and\ncontains a certification to the effect that the subject work, or a stated stage of the subject work, has been satisfactorily completed.\nconsumer building guide means a statement prepared and published by the commission under schedule section 46 (1) .\ncontracted services , for a domestic building contract, means the thing done, being done or to be done by the building contractor under the contract in relation to domestic building work, being either—\nthe carrying out of the work; or\nthe managing of the carrying out of the work.\ncontract price , for a domestic building contract, see schedule section 2 .\ncost plus contract means a domestic building contract under which the amount the building contractor is to receive under the contract can not be accurately calculated when the contract is entered into, even if prime cost items and provisional sums are ignored.\ndefects document , for a domestic building contract, means a document that—\nlists the minor defects and minor omissions in the subject work that the building contractor and building owner agree exist; and\nstates when the building contractor is to remedy the minor defects and minor omissions mentioned in paragraph (a) ; and\nlists the minor defects and minor omissions that the building owner claims exist and the building contractor does not agree exist; and\nis signed by the building contractor.\ndetached dwelling means—\na single detached dwelling; or\na duplex.\ndevelopment approval ...\nsch 1B s 1 def development approval om 2016 No. 27 s 375\ndomestic building contract see schedule section 3 .\ndomestic building work see schedule section 4 .\ndraftsperson means a person who holds a contractor’s licence authorising the person to prepare plans and specifications for domestic building work.\nexcluded building work means any of the following work—\nwork relating to any of the following buildings—\na farm building, or proposed farm building, that is not a home;\na building intended to be used only for business purposes;\na building intended to be used only to accommodate animals;\ndesign work carried out by an architect, engineer or draftsperson;\nthe preparation of plans, specifications or bills of quantity for the carrying out of domestic building work;\nwork involved in obtaining foundations data about a building site;\ntransporting a building or kit home;\nwork declared under a regulation to be excluded building work if there are reasonable grounds for considering the work to be excluded building work.\nfarm building means a building that—\nis constructed on land used entirely or mainly for agricultural or pastoral purposes; and\nis used, or intended to be used, for agricultural or pastoral purposes.\nfoundations data see schedule section 8 .\nhome see schedule section 9 .\nlevel 1 regulated contract see schedule section 6 .\nlevel 2 regulated contract see schedule section 7 .\nmanage , the carrying out of domestic building work, includes the provision of supervisory, advisory or administrative services for carrying out the work.\nmixed-purpose contract means a contract entered into between a building contractor and building owner that entitles the building contractor to be paid for both of the following—\ncarrying out, or managing the carrying out of, domestic building work;\nadditional services.\npractical completion , for a domestic building contract, means the day when the subject work is completed—\nin compliance with the contract, including all plans and specifications for the work and all statutory requirements applying to the work; and\nwithout any defects or omissions, other than minor defects or minor omissions that will not unreasonably affect occupation; and\nif the building owner claims there are minor defects or minor omissions—the building contractor gives the building owner a defects document for the minor defects or minor omissions.\nprime cost item , for a domestic building contract, means an item, including, for example, a fixture or fitting—\nthat has not been selected, or the price of which is not known, when the contract is entered into; and\nfor the cost of supply and delivery of which a reasonable allowance is, or is to be, made in the contract by the building contractor.\nprogress payment , for a regulated contract, means a payment of an amount that is a part of the contract price for the contract, but does not include a payment of an amount that is, or is in the nature of, a deposit under the contract.\nprovisional sum , for a domestic building contract, see schedule section 10 .\nreasonably believes ...\nsch 1B s 1 def reasonably believes om 2017 No. 29 s 34 sch 1\nregulated amount means $3,300 or the higher amount, if any, prescribed by a regulation.\nregulated contract see schedule section 5 .\nresident owner , under a domestic building contract, means a building owner who—\nis an individual; and\nintends to reside in the building—\non completion of the domestic building work; or\nwithin 6 months after the completion of the work.\nschedule section , in relation to a reference, means the section of this schedule corresponding to the reference.\nSchedule section 14 means section 14 of this schedule.\nstatutory warranties means the warranties that are part of a regulated contract because of schedule section 19 .\nsubcontractor means a person who enters into a contract with a building contractor to carry out domestic building work to be carried out under a domestic building contract.\nsubject work , for a domestic building contract, means—\nthe domestic building work carried out, being carried out or to be carried out under the contract; or\nthe domestic building work the carrying out of which has been, is being or is to be managed under the contract.\nwritten form ...\nsch 1B s 1 def written form om 2025 No. 14 s 85T\nsch 1B s 1 ins 2014 No. 57 s 60\n- (a) a structure, including a temporary building and other temporary structure; and\n- (b) a part of a structure.\n- (a) carries out domestic building work; or\n- (b) manages the carrying out of domestic building work; or\n- (c) has carried out, or managed the carrying out of, domestic building work; or\n- (d) intends to carry out, or to manage the carrying out of, domestic building work.\n- (a) is issued under an Act following an inspection of the subject work or a part of the subject work; and\n- (b) contains a certification to the effect that the subject work, or a stated stage of the subject work, has been satisfactorily completed.\n- (a) the carrying out of the work; or\n- (b) the managing of the carrying out of the work.\n- (a) lists the minor defects and minor omissions in the subject work that the building contractor and building owner agree exist; and\n- (b) states when the building contractor is to remedy the minor defects and minor omissions mentioned in paragraph (a) ; and\n- (c) lists the minor defects and minor omissions that the building owner claims exist and the building contractor does not agree exist; and\n- (d) is signed by the building contractor.\n- (a) a single detached dwelling; or\n- (b) a duplex.\n- (a) work relating to any of the following buildings— (i) a farm building, or proposed farm building, that is not a home; (ii) a building intended to be used only for business purposes; (iii) a building intended to be used only to accommodate animals;\n- (i) a farm building, or proposed farm building, that is not a home;\n- (ii) a building intended to be used only for business purposes;\n- (iii) a building intended to be used only to accommodate animals;\n- (b) design work carried out by an architect, engineer or draftsperson;\n- (c) the preparation of plans, specifications or bills of quantity for the carrying out of domestic building work;\n- (d) work involved in obtaining foundations data about a building site;\n- (e) transporting a building or kit home;\n- (f) work declared under a regulation to be excluded building work if there are reasonable grounds for considering the work to be excluded building work.\n- (i) a farm building, or proposed farm building, that is not a home;\n- (ii) a building intended to be used only for business purposes;\n- (iii) a building intended to be used only to accommodate animals;\n- (a) is constructed on land used entirely or mainly for agricultural or pastoral purposes; and\n- (b) is used, or intended to be used, for agricultural or pastoral purposes.\n- (a) carrying out, or managing the carrying out of, domestic building work;\n- (b) additional services.\n- (a) in compliance with the contract, including all plans and specifications for the work and all statutory requirements applying to the work; and\n- (b) without any defects or omissions, other than minor defects or minor omissions that will not unreasonably affect occupation; and\n- (c) if the building owner claims there are minor defects or minor omissions—the building contractor gives the building owner a defects document for the minor defects or minor omissions.\n- (a) that has not been selected, or the price of which is not known, when the contract is entered into; and\n- (b) for the cost of supply and delivery of which a reasonable allowance is, or is to be, made in the contract by the building contractor.\n- (a) is an individual; and\n- (b) intends to reside in the building— (i) on completion of the domestic building work; or (ii) within 6 months after the completion of the work.\n- (i) on completion of the domestic building work; or\n- (ii) within 6 months after the completion of the work.\n- (i) on completion of the domestic building work; or\n- (ii) within 6 months after the completion of the work.\n- (a) the domestic building work carried out, being carried out or to be carried out under the contract; or\n- (b) the domestic building work the carrying out of which has been, is being or is to be managed under the contract.","sortOrder":714},{"sectionNumber":"sch.1B-sec.2","sectionType":"section","heading":"Meaning of contract price","content":"### sch.1B-sec.2 Meaning of contract price\n\nContract price , for a domestic building contract, means the total amount payable under the contract to carry out domestic building work and includes—\nan amount the building contractor is entitled to receive and keep under the contract; and\nan amount the building contractor is entitled to receive under the contract for payment to another person.\nHowever, the contract price does not include an amount a person, other than the building contractor, is entitled to receive directly from the building owner for any of the following matters if the matter for which it is payable relates to the carrying out of the subject work—\nconveying services to the building site;\nconnecting or installing services for use at the building site;\ngas, electricity, telephone, water and sewerage\nissuing a development approval or similar authorisation.\nsch 1B s 2 ins 2014 No. 57 s 60\n(sch.1B-sec.2-ssec.1) Contract price , for a domestic building contract, means the total amount payable under the contract to carry out domestic building work and includes— an amount the building contractor is entitled to receive and keep under the contract; and an amount the building contractor is entitled to receive under the contract for payment to another person.\n(sch.1B-sec.2-ssec.2) However, the contract price does not include an amount a person, other than the building contractor, is entitled to receive directly from the building owner for any of the following matters if the matter for which it is payable relates to the carrying out of the subject work— conveying services to the building site; connecting or installing services for use at the building site; gas, electricity, telephone, water and sewerage issuing a development approval or similar authorisation.\n- (a) an amount the building contractor is entitled to receive and keep under the contract; and\n- (b) an amount the building contractor is entitled to receive under the contract for payment to another person.\n- (a) conveying services to the building site;\n- (b) connecting or installing services for use at the building site; Examples of services— gas, electricity, telephone, water and sewerage\n- (c) issuing a development approval or similar authorisation.","sortOrder":715},{"sectionNumber":"sch.1B-sec.3","sectionType":"section","heading":"Meaning of domestic building contract","content":"### sch.1B-sec.3 Meaning of domestic building contract\n\nA domestic building contract is—\na contract to carry out domestic building work; or\na construction management contract for the provision of building work services for domestic building work; or\nanother contract to manage the carrying out of domestic building work.\nHowever, a domestic building contract does not include—\na contract between a building contractor and subcontractor; or\na contract between a building contractor and a building owner for the construction of 2 or more detached dwellings; or\na contract between the holder of an owner-builder permit and a building contractor; or\na contract under which the building owner is the State, an entity representing the State or a local government.\nSubsection (4) applies if—\na building contractor and building owner enter into 2 or more separate contracts, each for the construction of 1 detached dwelling; and\nthe separate contracts could be the subject of a single contract for the construction of 2 or more detached dwellings.\nThe separate contracts are taken to be a contract between a building contractor and a building owner for the construction of 2 or more detached dwellings.\nsch 1B s 3 ins 2014 No. 57 s 60\n(sch.1B-sec.3-ssec.1) A domestic building contract is— a contract to carry out domestic building work; or a construction management contract for the provision of building work services for domestic building work; or another contract to manage the carrying out of domestic building work.\n(sch.1B-sec.3-ssec.2) However, a domestic building contract does not include— a contract between a building contractor and subcontractor; or a contract between a building contractor and a building owner for the construction of 2 or more detached dwellings; or a contract between the holder of an owner-builder permit and a building contractor; or a contract under which the building owner is the State, an entity representing the State or a local government.\n(sch.1B-sec.3-ssec.3) Subsection (4) applies if— a building contractor and building owner enter into 2 or more separate contracts, each for the construction of 1 detached dwelling; and the separate contracts could be the subject of a single contract for the construction of 2 or more detached dwellings.\n(sch.1B-sec.3-ssec.4) The separate contracts are taken to be a contract between a building contractor and a building owner for the construction of 2 or more detached dwellings.\n- (a) a contract to carry out domestic building work; or\n- (b) a construction management contract for the provision of building work services for domestic building work; or\n- (c) another contract to manage the carrying out of domestic building work.\n- (a) a contract between a building contractor and subcontractor; or\n- (b) a contract between a building contractor and a building owner for the construction of 2 or more detached dwellings; or\n- (c) a contract between the holder of an owner-builder permit and a building contractor; or\n- (d) a contract under which the building owner is the State, an entity representing the State or a local government.\n- (a) a building contractor and building owner enter into 2 or more separate contracts, each for the construction of 1 detached dwelling; and\n- (b) the separate contracts could be the subject of a single contract for the construction of 2 or more detached dwellings.","sortOrder":716},{"sectionNumber":"sch.1B-sec.4","sectionType":"section","heading":"Meaning of domestic building work","content":"### sch.1B-sec.4 Meaning of domestic building work\n\nEach of the following is domestic building work —\nthe erection or construction of a detached dwelling;\nthe renovation, alteration, extension, improvement or repair of a home;\nremoval or resiting work for a detached dwelling;\nthe installation of a kit home at a building site.\nHowever—\nremoval work for a detached dwelling is domestic building work only if the dwelling is intended to be resited at another place and used, at the place, as a residence; and\nresiting work for a detached dwelling is domestic building work only if the dwelling is intended to be used at the place at which it is being resited as a residence.\nDomestic building work includes—\nwork ( associated work ) associated with the erection, construction, removal or resiting of a detached dwelling; and\nwork ( associated work ) associated with the renovation, alteration, extension, improvement or repair of a home.\nWithout limiting subsection (3) , associated work includes—\nlandscaping; and\npaving; and\nthe erection or construction of a building or fixture associated with the detached dwelling or home.\nretaining structures, driveways, fencing, garages, carports, workshops, swimming pools and spas\nFor the erection or construction of a detached dwelling, domestic building work includes the provision of services or facilities to the dwelling or the property on which the dwelling is, or is to be, situated.\nFor the renovation, alteration, extension, improvement or repair of a home, domestic building work includes the provision of services or facilities to the home or the property on which the home is situated.\nlighting, heating, ventilation, air conditioning, water supply, sewerage and drainage\nAlso, domestic building work includes—\nsite work relating to work mentioned in subsection (1) , (3) , (5) or (6) ; and\nwork declared under a regulation to be domestic building work if there are reasonable grounds for considering the work to be domestic building work.\nHowever, domestic building work does not include excluded building work.\nIn this section—\na reference to a detached dwelling includes a reference to any part of a detached dwelling; and\na reference to a home includes a reference to any part of a home; and\na reference to site work includes a reference to work required to be carried out to gain access, or to remove impediments to access, to a site.\nIn this section—\nkit home means a set of building components offered for sale on the basis that the components are sufficient for the construction of 1 of the following if constructed in compliance with a plan or instruction provided by the seller—\na detached dwelling;\na garage;\na carport;\nanother structure prescribed by regulation.\nremoval work , for a detached dwelling, means work relating to the dwelling carried out at the place at which the dwelling is located for relocating the dwelling to another place.\nresiting work , for a detached dwelling, means work relating to the dwelling carried out at a place for resiting the dwelling at the place following its removal from another place.\nsch 1B s 4 ins 2014 No. 57 s 60\n(sch.1B-sec.4-ssec.1) Each of the following is domestic building work — the erection or construction of a detached dwelling; the renovation, alteration, extension, improvement or repair of a home; removal or resiting work for a detached dwelling; the installation of a kit home at a building site.\n(sch.1B-sec.4-ssec.2) However— removal work for a detached dwelling is domestic building work only if the dwelling is intended to be resited at another place and used, at the place, as a residence; and resiting work for a detached dwelling is domestic building work only if the dwelling is intended to be used at the place at which it is being resited as a residence.\n(sch.1B-sec.4-ssec.3) Domestic building work includes— work ( associated work ) associated with the erection, construction, removal or resiting of a detached dwelling; and work ( associated work ) associated with the renovation, alteration, extension, improvement or repair of a home.\n(sch.1B-sec.4-ssec.4) Without limiting subsection (3) , associated work includes— landscaping; and paving; and the erection or construction of a building or fixture associated with the detached dwelling or home. retaining structures, driveways, fencing, garages, carports, workshops, swimming pools and spas\n(sch.1B-sec.4-ssec.5) For the erection or construction of a detached dwelling, domestic building work includes the provision of services or facilities to the dwelling or the property on which the dwelling is, or is to be, situated.\n(sch.1B-sec.4-ssec.6) For the renovation, alteration, extension, improvement or repair of a home, domestic building work includes the provision of services or facilities to the home or the property on which the home is situated. lighting, heating, ventilation, air conditioning, water supply, sewerage and drainage\n(sch.1B-sec.4-ssec.7) Also, domestic building work includes— site work relating to work mentioned in subsection (1) , (3) , (5) or (6) ; and work declared under a regulation to be domestic building work if there are reasonable grounds for considering the work to be domestic building work.\n(sch.1B-sec.4-ssec.8) However, domestic building work does not include excluded building work.\n(sch.1B-sec.4-ssec.9) In this section— a reference to a detached dwelling includes a reference to any part of a detached dwelling; and a reference to a home includes a reference to any part of a home; and a reference to site work includes a reference to work required to be carried out to gain access, or to remove impediments to access, to a site.\n(sch.1B-sec.4-ssec.10) In this section— kit home means a set of building components offered for sale on the basis that the components are sufficient for the construction of 1 of the following if constructed in compliance with a plan or instruction provided by the seller— a detached dwelling; a garage; a carport; another structure prescribed by regulation. removal work , for a detached dwelling, means work relating to the dwelling carried out at the place at which the dwelling is located for relocating the dwelling to another place. resiting work , for a detached dwelling, means work relating to the dwelling carried out at a place for resiting the dwelling at the place following its removal from another place.\n- (a) the erection or construction of a detached dwelling;\n- (b) the renovation, alteration, extension, improvement or repair of a home;\n- (c) removal or resiting work for a detached dwelling;\n- (d) the installation of a kit home at a building site.\n- (a) removal work for a detached dwelling is domestic building work only if the dwelling is intended to be resited at another place and used, at the place, as a residence; and\n- (b) resiting work for a detached dwelling is domestic building work only if the dwelling is intended to be used at the place at which it is being resited as a residence.\n- (a) work ( associated work ) associated with the erection, construction, removal or resiting of a detached dwelling; and\n- (b) work ( associated work ) associated with the renovation, alteration, extension, improvement or repair of a home.\n- (a) landscaping; and\n- (b) paving; and\n- (c) the erection or construction of a building or fixture associated with the detached dwelling or home. Examples of buildings and fixtures— retaining structures, driveways, fencing, garages, carports, workshops, swimming pools and spas\n- (a) site work relating to work mentioned in subsection (1) , (3) , (5) or (6) ; and\n- (b) work declared under a regulation to be domestic building work if there are reasonable grounds for considering the work to be domestic building work.\n- (a) a reference to a detached dwelling includes a reference to any part of a detached dwelling; and\n- (b) a reference to a home includes a reference to any part of a home; and\n- (c) a reference to site work includes a reference to work required to be carried out to gain access, or to remove impediments to access, to a site.\n- (a) a detached dwelling;\n- (b) a garage;\n- (c) a carport;\n- (d) another structure prescribed by regulation.","sortOrder":717},{"sectionNumber":"sch.1B-sec.5","sectionType":"section","heading":"Meaning of regulated contract","content":"### sch.1B-sec.5 Meaning of regulated contract\n\nEach of the following is a regulated contract —\na domestic building contract for which the contract price is more than the regulated amount;\na cost plus contract under which the total amount payable for the contracted services is reasonably estimated to be more than the regulated amount;\na mixed-purpose contract under which the amount referable to the contracted services is more than the regulated amount.\nHowever, a contract mentioned in subsection (1) (c) is a regulated contract only to the extent to which the contract relates to the contracted services.\nIn this section—\nadditional services means 1 or more of the following—\ncarrying out work that is not domestic building work;\nmanaging the carrying out of work that is not domestic building work;\nanother matter.\namount referable to contracted services , for a mixed-purpose contract, means—\nthe amount the building contractor is entitled to receive under the contract for the contracted services; or\na reasonable estimate of the amount the building contractor is entitled to receive under the contract based on a fair and reasonable apportionment between the contracted services and the additional services.\nsch 1B s 5 ins 2014 No. 57 s 60\n(sch.1B-sec.5-ssec.1) Each of the following is a regulated contract — a domestic building contract for which the contract price is more than the regulated amount; a cost plus contract under which the total amount payable for the contracted services is reasonably estimated to be more than the regulated amount; a mixed-purpose contract under which the amount referable to the contracted services is more than the regulated amount.\n(sch.1B-sec.5-ssec.2) However, a contract mentioned in subsection (1) (c) is a regulated contract only to the extent to which the contract relates to the contracted services.\n(sch.1B-sec.5-ssec.3) In this section— additional services means 1 or more of the following— carrying out work that is not domestic building work; managing the carrying out of work that is not domestic building work; another matter. amount referable to contracted services , for a mixed-purpose contract, means— the amount the building contractor is entitled to receive under the contract for the contracted services; or a reasonable estimate of the amount the building contractor is entitled to receive under the contract based on a fair and reasonable apportionment between the contracted services and the additional services.\n- (a) a domestic building contract for which the contract price is more than the regulated amount;\n- (b) a cost plus contract under which the total amount payable for the contracted services is reasonably estimated to be more than the regulated amount;\n- (c) a mixed-purpose contract under which the amount referable to the contracted services is more than the regulated amount.\n- (a) carrying out work that is not domestic building work;\n- (b) managing the carrying out of work that is not domestic building work;\n- (c) another matter.\n- (a) the amount the building contractor is entitled to receive under the contract for the contracted services; or\n- (b) a reasonable estimate of the amount the building contractor is entitled to receive under the contract based on a fair and reasonable apportionment between the contracted services and the additional services.","sortOrder":718},{"sectionNumber":"sch.1B-sec.6","sectionType":"section","heading":"Meaning of level 1 regulated contract","content":"### sch.1B-sec.6 Meaning of level 1 regulated contract\n\nA level 1 regulated contract is—\na domestic building contract for which the contract price is more than the regulated amount but less than the level 2 amount; or\na cost plus contract for which the total amount payable for the contracted services is reasonably estimated to be more than the regulated amount but less than the level 2 amount; or\na mixed-purpose contract for which the amount referable to the contracted services is more than the regulated amount but less than the level 2 amount.\nIn this section—\nlevel 2 amount means the amount prescribed under schedule section 7 (2) .\nsch 1B s 6 ins 2014 No. 57 s 60\n(sch.1B-sec.6-ssec.1) A level 1 regulated contract is— a domestic building contract for which the contract price is more than the regulated amount but less than the level 2 amount; or a cost plus contract for which the total amount payable for the contracted services is reasonably estimated to be more than the regulated amount but less than the level 2 amount; or a mixed-purpose contract for which the amount referable to the contracted services is more than the regulated amount but less than the level 2 amount.\n(sch.1B-sec.6-ssec.2) In this section— level 2 amount means the amount prescribed under schedule section 7 (2) .\n- (a) a domestic building contract for which the contract price is more than the regulated amount but less than the level 2 amount; or\n- (b) a cost plus contract for which the total amount payable for the contracted services is reasonably estimated to be more than the regulated amount but less than the level 2 amount; or\n- (c) a mixed-purpose contract for which the amount referable to the contracted services is more than the regulated amount but less than the level 2 amount.","sortOrder":719},{"sectionNumber":"sch.1B-sec.7","sectionType":"section","heading":"Meaning of level 2 regulated contract","content":"### sch.1B-sec.7 Meaning of level 2 regulated contract\n\nA level 2 regulated contract is—\na domestic building contract for which the contract price is equal to or more than the level 2 amount; or\na cost plus contract for which the total amount payable for the contracted services is reasonably estimated to be equal to or more than the level 2 amount; or\na mixed-purpose contract for which the amount referable to the contracted services is equal to or more than the level 2 amount.\nIn this section—\nlevel 2 amount means the amount prescribed by regulation.\nsch 1B s 7 ins 2014 No. 57 s 60\n(sch.1B-sec.7-ssec.1) A level 2 regulated contract is— a domestic building contract for which the contract price is equal to or more than the level 2 amount; or a cost plus contract for which the total amount payable for the contracted services is reasonably estimated to be equal to or more than the level 2 amount; or a mixed-purpose contract for which the amount referable to the contracted services is equal to or more than the level 2 amount.\n(sch.1B-sec.7-ssec.2) In this section— level 2 amount means the amount prescribed by regulation.\n- (a) a domestic building contract for which the contract price is equal to or more than the level 2 amount; or\n- (b) a cost plus contract for which the total amount payable for the contracted services is reasonably estimated to be equal to or more than the level 2 amount; or\n- (c) a mixed-purpose contract for which the amount referable to the contracted services is equal to or more than the level 2 amount.","sortOrder":720},{"sectionNumber":"sch.1B-sec.8","sectionType":"section","heading":"Meaning of foundations data","content":"### sch.1B-sec.8 Meaning of foundations data\n\nFoundations data is the information about a building site a building contractor exercising reasonable care and skill would need to have to prepare—\nan appropriate footings design for the site and, if appropriate, an appropriate concrete slab design for the site; and\nan adequate estimate of the cost of constructing the footings and, if appropriate, concrete slab.\nThe information mentioned in subsection (1) includes—\nrelevant information contained in, or obtainable from, reports, surveys, test results, plans, specifications or calculations prescribed under a regulation; and\nother information prescribed under a regulation.\nsch 1B s 8 ins 2014 No. 57 s 60\n(sch.1B-sec.8-ssec.1) Foundations data is the information about a building site a building contractor exercising reasonable care and skill would need to have to prepare— an appropriate footings design for the site and, if appropriate, an appropriate concrete slab design for the site; and an adequate estimate of the cost of constructing the footings and, if appropriate, concrete slab.\n(sch.1B-sec.8-ssec.2) The information mentioned in subsection (1) includes— relevant information contained in, or obtainable from, reports, surveys, test results, plans, specifications or calculations prescribed under a regulation; and other information prescribed under a regulation.\n- (a) an appropriate footings design for the site and, if appropriate, an appropriate concrete slab design for the site; and\n- (b) an adequate estimate of the cost of constructing the footings and, if appropriate, concrete slab.\n- (a) relevant information contained in, or obtainable from, reports, surveys, test results, plans, specifications or calculations prescribed under a regulation; and\n- (b) other information prescribed under a regulation.","sortOrder":721},{"sectionNumber":"sch.1B-sec.9","sectionType":"section","heading":"Meaning of home","content":"### sch.1B-sec.9 Meaning of home\n\nA home is a building or portion of a building that is designed, constructed or adapted for use as a residence.\na detached or semi-detached dwelling, transportable house, terrace or townhouse, duplex, villa home, strata or community title home unit or residential unit\nHowever, a home does not include a building or a part of a building declared under a regulation not to be a home.\nsch 1B s 9 ins 2014 No. 57 s 60\n(sch.1B-sec.9-ssec.1) A home is a building or portion of a building that is designed, constructed or adapted for use as a residence. a detached or semi-detached dwelling, transportable house, terrace or townhouse, duplex, villa home, strata or community title home unit or residential unit\n(sch.1B-sec.9-ssec.2) However, a home does not include a building or a part of a building declared under a regulation not to be a home.","sortOrder":722},{"sectionNumber":"sch.1B-sec.10","sectionType":"section","heading":"Meaning of provisional sum","content":"### sch.1B-sec.10 Meaning of provisional sum\n\nA provisional sum , for a domestic building contract, is an amount that is an estimate of the cost of providing particular contracted services.\nHowever, subsection (1) applies only to contracted services for which the building contractor, after making all reasonable enquiries, can not state a definite amount when the contract is entered into.\nThe reference in subsection (1) to the cost of providing the contracted services includes a reference to the cost of supplying materials needed for the subject work.\nsch 1B s 10 ins 2014 No. 57 s 60\n(sch.1B-sec.10-ssec.1) A provisional sum , for a domestic building contract, is an amount that is an estimate of the cost of providing particular contracted services.\n(sch.1B-sec.10-ssec.2) However, subsection (1) applies only to contracted services for which the building contractor, after making all reasonable enquiries, can not state a definite amount when the contract is entered into.\n(sch.1B-sec.10-ssec.3) The reference in subsection (1) to the cost of providing the contracted services includes a reference to the cost of supplying materials needed for the subject work.","sortOrder":723},{"sectionNumber":"sch.1B-sec.11","sectionType":"section","heading":"Multiple contracts for the same domestic building work","content":"### sch.1B-sec.11 Multiple contracts for the same domestic building work\n\nThis section applies if a building contractor and building owner enter into 2 or more separate contracts that—\ncould be the subject of a single contract for carrying out domestic building work; and\nif they were the subject of a single contract, would be a contract for carrying out domestic building work.\nThe separate contracts are taken to be a single contract for which the contract price is the sum of the contract prices for the separate contracts.\nA building contractor that manufactures and installs kitchens enters into one contract with a building owner for the manufacture of a kitchen and a second contract for its installation.\nsch 1B s 11 ins 2014 No. 57 s 60\n(sch.1B-sec.11-ssec.1) This section applies if a building contractor and building owner enter into 2 or more separate contracts that— could be the subject of a single contract for carrying out domestic building work; and if they were the subject of a single contract, would be a contract for carrying out domestic building work.\n(sch.1B-sec.11-ssec.2) The separate contracts are taken to be a single contract for which the contract price is the sum of the contract prices for the separate contracts. A building contractor that manufactures and installs kitchens enters into one contract with a building owner for the manufacture of a kitchen and a second contract for its installation.\n- (a) could be the subject of a single contract for carrying out domestic building work; and\n- (b) if they were the subject of a single contract, would be a contract for carrying out domestic building work.","sortOrder":724},{"sectionNumber":"sch.1B-sec.12","sectionType":"section","heading":"References to particular terms","content":"### sch.1B-sec.12 References to particular terms\n\nIn this schedule—\na reference to a building contractor in association with a reference to a domestic building contract is a reference to the building contractor under the contract; and\na reference to a building owner in association with a reference to a domestic building contract is a reference to the building owner under the contract; and\na reference to contracted services in association with a reference to a domestic building contract is a reference to the contracted services for the contract; and\na reference to subject work in association with a reference to a domestic building contract is a reference to the subject work for the contract; and\na reference to a building site in association with a reference to a domestic building contract is a reference to the building site for the contract.\nsch 1B s 12 ins 2014 No. 57 s 60\n- (a) a reference to a building contractor in association with a reference to a domestic building contract is a reference to the building contractor under the contract; and\n- (b) a reference to a building owner in association with a reference to a domestic building contract is a reference to the building owner under the contract; and\n- (c) a reference to contracted services in association with a reference to a domestic building contract is a reference to the contracted services for the contract; and\n- (d) a reference to subject work in association with a reference to a domestic building contract is a reference to the subject work for the contract; and\n- (e) a reference to a building site in association with a reference to a domestic building contract is a reference to the building site for the contract.","sortOrder":725},{"sectionNumber":"sch.1B-pt.2","sectionType":"part","heading":"Contracts and related documents","content":"# Contracts and related documents","sortOrder":726},{"sectionNumber":"sch.1B-pt.2-div.1","sectionType":"division","heading":"The contract","content":"## The contract","sortOrder":727},{"sectionNumber":"sch.1B-sec.13","sectionType":"section","heading":"Requirements for contract—level 1 regulated contract","content":"### sch.1B-sec.13 Requirements for contract—level 1 regulated contract\n\nThis section applies to a level 1 regulated contract.\nThe contract must be in writing and dated and signed by or on behalf of each of the parties to it.\nThe contract must contain all of the following—\nthe names of the parties to it, including the name of the building contractor as it appears on the contractor’s licence;\nthe building contractor’s licence number as it appears on the building contractor’s licence;\na description of the subject work;\nany plans and specifications for the subject work;\nthe contract price or the method for calculating it, including the building contractor’s reasonable estimate;\na provision that states the date for practical completion or how the date is to be determined;\na conspicuous notice advising the building owner of the right the owner may have to withdraw from the contract under schedule section 35 .\nThe contract must also comply with all other requirements prescribed by regulation.\nThe contract has effect only if it complies with subsection (2) .\nsch 1B s 13 ins 2014 No. 57 s 60\namd 2025 No. 14 s 85U\n(sch.1B-sec.13-ssec.1) This section applies to a level 1 regulated contract.\n(sch.1B-sec.13-ssec.2) The contract must be in writing and dated and signed by or on behalf of each of the parties to it.\n(sch.1B-sec.13-ssec.3) The contract must contain all of the following— the names of the parties to it, including the name of the building contractor as it appears on the contractor’s licence; the building contractor’s licence number as it appears on the building contractor’s licence; a description of the subject work; any plans and specifications for the subject work; the contract price or the method for calculating it, including the building contractor’s reasonable estimate; a provision that states the date for practical completion or how the date is to be determined; a conspicuous notice advising the building owner of the right the owner may have to withdraw from the contract under schedule section 35 .\n(sch.1B-sec.13-ssec.4) The contract must also comply with all other requirements prescribed by regulation.\n(sch.1B-sec.13-ssec.5) The contract has effect only if it complies with subsection (2) .\n- (a) the names of the parties to it, including the name of the building contractor as it appears on the contractor’s licence;\n- (b) the building contractor’s licence number as it appears on the building contractor’s licence;\n- (c) a description of the subject work;\n- (d) any plans and specifications for the subject work;\n- (e) the contract price or the method for calculating it, including the building contractor’s reasonable estimate;\n- (f) a provision that states the date for practical completion or how the date is to be determined;\n- (g) a conspicuous notice advising the building owner of the right the owner may have to withdraw from the contract under schedule section 35 .","sortOrder":728},{"sectionNumber":"sch.1B-sec.14","sectionType":"section","heading":"Requirements for contract—level 2 regulated contract","content":"### sch.1B-sec.14 Requirements for contract—level 2 regulated contract\n\nThis section applies to a level 2 regulated contract.\nThe contract must be in writing and dated and signed by or on behalf of each of the parties to it.\nThe contract must contain all of the following—\nthe names of the parties to it, including the name of the building contractor as it appears on the contractor’s licence;\nthe building contractor’s licence number as it appears on the building contractor’s licence;\na description of the subject work;\nany plans and specifications for the subject work, including all plans and specifications required for carrying out the work in compliance with any development approvals or similar authorisations that are required by law for carrying out the work;\nthe contract price or the method for calculating it, including the building contractor’s reasonable estimate;\na provision that states the date for the start of the subject work at the building site, or how the date is to be determined;\na provision that states the date for practical completion or how the date is to be determined;\na statement of each of the statutory warranties that apply to the subject work;\na conspicuous notice advising the building owner of the right the owner may have to withdraw from the contract under schedule section 35 .\nIf the contract price is fixed, it must be stated in a prominent position on the first page of the contract schedule.\nIf the contract price is not fixed, the method for calculating it, including any allowances, must be stated in the contract schedule.\nIf the contract price may be changed under a provision of the contract, the contract must also contain—\na warning to that effect; and\na brief explanation of the effect of the provision allowing change to the contract price.\nThe warning and explanation mentioned in subsection (6) must be in a prominent position on the first page of the contract schedule.\nThe contract must not state the name of any person—\nas the building contractor; or\nso it may reasonably be mistaken to be the building contractor;\nunless the person is the building contractor under the contract.\na domestic building contract stating a company name as the building contractor if an individual is actually the building contractor under the contract\nThe contract must also comply with all other requirements prescribed by regulation.\nThe contract has effect only if it complies with subsection (2) .\nsch 1B s 14 ins 2014 No. 57 s 60\namd 2025 No. 14 s 85V\n(sch.1B-sec.14-ssec.1) This section applies to a level 2 regulated contract.\n(sch.1B-sec.14-ssec.2) The contract must be in writing and dated and signed by or on behalf of each of the parties to it.\n(sch.1B-sec.14-ssec.3) The contract must contain all of the following— the names of the parties to it, including the name of the building contractor as it appears on the contractor’s licence; the building contractor’s licence number as it appears on the building contractor’s licence; a description of the subject work; any plans and specifications for the subject work, including all plans and specifications required for carrying out the work in compliance with any development approvals or similar authorisations that are required by law for carrying out the work; the contract price or the method for calculating it, including the building contractor’s reasonable estimate; a provision that states the date for the start of the subject work at the building site, or how the date is to be determined; a provision that states the date for practical completion or how the date is to be determined; a statement of each of the statutory warranties that apply to the subject work; a conspicuous notice advising the building owner of the right the owner may have to withdraw from the contract under schedule section 35 .\n(sch.1B-sec.14-ssec.4) If the contract price is fixed, it must be stated in a prominent position on the first page of the contract schedule.\n(sch.1B-sec.14-ssec.5) If the contract price is not fixed, the method for calculating it, including any allowances, must be stated in the contract schedule.\n(sch.1B-sec.14-ssec.6) If the contract price may be changed under a provision of the contract, the contract must also contain— a warning to that effect; and a brief explanation of the effect of the provision allowing change to the contract price.\n(sch.1B-sec.14-ssec.7) The warning and explanation mentioned in subsection (6) must be in a prominent position on the first page of the contract schedule.\n(sch.1B-sec.14-ssec.8) The contract must not state the name of any person— as the building contractor; or so it may reasonably be mistaken to be the building contractor; unless the person is the building contractor under the contract. a domestic building contract stating a company name as the building contractor if an individual is actually the building contractor under the contract\n(sch.1B-sec.14-ssec.9) The contract must also comply with all other requirements prescribed by regulation.\n(sch.1B-sec.14-ssec.10) The contract has effect only if it complies with subsection (2) .\n- (a) the names of the parties to it, including the name of the building contractor as it appears on the contractor’s licence;\n- (b) the building contractor’s licence number as it appears on the building contractor’s licence;\n- (c) a description of the subject work;\n- (d) any plans and specifications for the subject work, including all plans and specifications required for carrying out the work in compliance with any development approvals or similar authorisations that are required by law for carrying out the work;\n- (e) the contract price or the method for calculating it, including the building contractor’s reasonable estimate;\n- (f) a provision that states the date for the start of the subject work at the building site, or how the date is to be determined;\n- (g) a provision that states the date for practical completion or how the date is to be determined;\n- (h) a statement of each of the statutory warranties that apply to the subject work;\n- (i) a conspicuous notice advising the building owner of the right the owner may have to withdraw from the contract under schedule section 35 .\n- (a) a warning to that effect; and\n- (b) a brief explanation of the effect of the provision allowing change to the contract price.\n- (a) as the building contractor; or\n- (b) so it may reasonably be mistaken to be the building contractor;","sortOrder":729},{"sectionNumber":"sch.1B-pt.2-div.2","sectionType":"division","heading":"Copies of documents","content":"## Copies of documents","sortOrder":730},{"sectionNumber":"sch.1B-sec.15","sectionType":"section","heading":"Copy of contract for building owner","content":"### sch.1B-sec.15 Copy of contract for building owner\n\nWithin 5 business days after entering into a regulated contract, the building contractor must give the building owner a readily legible signed copy of the contract, including any plans and specifications for the subject work.\nMaximum penalty—60 penalty units.\nsch 1B s 15 ins 2014 No. 57 s 60","sortOrder":731},{"sectionNumber":"sch.1B-sec.16","sectionType":"section","heading":"Copy of commencement notice","content":"### sch.1B-sec.16 Copy of commencement notice\n\nThis section applies to a level 2 regulated contract.\nWithin 10 business days of starting the subject work at the building site, the building contractor must give the building owner a commencement notice signed by the contractor and stating—\nthe date the subject work started at the building site; and\nthe date for practical completion.\nMaximum penalty—40 penalty units.\nsch 1B s 16 ins 2014 No. 57 s 60\n(sch.1B-sec.16-ssec.1) This section applies to a level 2 regulated contract.\n(sch.1B-sec.16-ssec.2) Within 10 business days of starting the subject work at the building site, the building contractor must give the building owner a commencement notice signed by the contractor and stating— the date the subject work started at the building site; and the date for practical completion. Maximum penalty—40 penalty units.\n- (a) the date the subject work started at the building site; and\n- (b) the date for practical completion.","sortOrder":732},{"sectionNumber":"sch.1B-sec.17","sectionType":"section","heading":"Copies of certificate of inspection","content":"### sch.1B-sec.17 Copies of certificate of inspection\n\nThis section applies if the building contractor under a regulated contract is responsible for engaging a building certifier for the subject work under regulated contract (whether personally or as agent for the building owner).\nThe building contractor must give the building owner a copy of each certificate of inspection issued by the building certifier for the subject work as soon as practicable after receiving the certificate.\nMaximum penalty—20 penalty units.\nIn a proceeding for a contravention of subsection (2) in relation to a certificate of inspection, it is a defence for the building contractor to prove that the contractor did not comply with the subsection because the contractor reasonably believed the building owner already had a copy of the certificate of inspection.\nsch 1B s 17 ins 2014 No. 57 s 60\n(sch.1B-sec.17-ssec.1) This section applies if the building contractor under a regulated contract is responsible for engaging a building certifier for the subject work under regulated contract (whether personally or as agent for the building owner).\n(sch.1B-sec.17-ssec.2) The building contractor must give the building owner a copy of each certificate of inspection issued by the building certifier for the subject work as soon as practicable after receiving the certificate. Maximum penalty—20 penalty units.\n(sch.1B-sec.17-ssec.3) In a proceeding for a contravention of subsection (2) in relation to a certificate of inspection, it is a defence for the building contractor to prove that the contractor did not comply with the subsection because the contractor reasonably believed the building owner already had a copy of the certificate of inspection.","sortOrder":733},{"sectionNumber":"sch.1B-sec.18","sectionType":"section","heading":"Copy of consumer building guide","content":"### sch.1B-sec.18 Copy of consumer building guide\n\nThis section applies to a level 2 regulated contract.\nThe building contractor must give the building owner a copy of the consumer building guide before the owner signs the contract.\nMaximum penalty—20 penalty units.\nThe consumer building guide may be given to the building owner separate from, or attached to, the contract.\nsch 1B s 18 ins 2014 No. 57 s 60\n(sch.1B-sec.18-ssec.1) This section applies to a level 2 regulated contract.\n(sch.1B-sec.18-ssec.2) The building contractor must give the building owner a copy of the consumer building guide before the owner signs the contract. Maximum penalty—20 penalty units.\n(sch.1B-sec.18-ssec.3) The consumer building guide may be given to the building owner separate from, or attached to, the contract.","sortOrder":734},{"sectionNumber":"sch.1B-pt.3","sectionType":"part","heading":"Warranties","content":"# Warranties","sortOrder":735},{"sectionNumber":"sch.1B-pt.3-div.1","sectionType":"division","heading":"Incorporation of warranties","content":"## Incorporation of warranties","sortOrder":736},{"sectionNumber":"sch.1B-sec.19","sectionType":"section","heading":"Implied warranties","content":"### sch.1B-sec.19 Implied warranties\n\nThe warranties mentioned in division 2 are part of every regulated contract.\nA warranty mentioned in a section of division 3 is part of each regulated contract that is a contract of the type to which the section applies.\nThe Australian Consumer Law (Queensland) also provides particular statutory consumer guarantees if a person supplies, in trade or commerce, goods or services to a consumer as defined under that law.\nsch 1B s 19 ins 2014 No. 57 s 60\n(sch.1B-sec.19-ssec.1) The warranties mentioned in division 2 are part of every regulated contract.\n(sch.1B-sec.19-ssec.2) A warranty mentioned in a section of division 3 is part of each regulated contract that is a contract of the type to which the section applies. The Australian Consumer Law (Queensland) also provides particular statutory consumer guarantees if a person supplies, in trade or commerce, goods or services to a consumer as defined under that law.","sortOrder":737},{"sectionNumber":"sch.1B-pt.3-div.2","sectionType":"division","heading":"Implied warranties for all contracts","content":"## Implied warranties for all contracts","sortOrder":738},{"sectionNumber":"sch.1B-sec.20","sectionType":"section","heading":"Suitability of materials","content":"### sch.1B-sec.20 Suitability of materials\n\nThe building contractor warrants that all materials to be supplied for use in the subject work—\nwill be good and, having regard to the relevant criteria, suitable for the purpose for which they are used; and\nunless otherwise stated in the contract, will be new.\nSubsection (1) applies to the building contractor for materials only if the materials are supplied by the responsible person for the contract.\nDespite subsection (2) , if the contract is being administered by an architect engaged by the building owner, subsection (1) does not apply to the building owner for materials if the responsible person is subject to the direction of the architect for supplying the materials.\nAlso, despite subsection (2) , subsection (1) does not apply to the building contractor for materials if—\nthe building owner is responsible for nominating the materials for use in the subject work; and\neither—\nthere are no reasonable grounds for not using the materials; or\nif there are reasonable grounds for not using the materials—the building owner insists on the materials being used despite written advice to the contrary given to the building owner by the building contractor.\nA building owner is responsible for nominating materials for use in the subject work only if—\nthe building owner nominates the materials specifically; and\nthe nomination is made without any recommendation, representation, suggestion or other approach being made to the building owner by the building contractor—\nsupporting, or approving, the use of the materials; or\ncriticising, or disapproving the use of, other materials that could be considered to be appropriate for use for the purpose for which the materials nominated by the building owner are to be used.\nIn this section—\nrelevant criteria , for materials, means—\ngenerally accepted practices or standards applied in the building industry for the materials; or\nspecifications, instructions or recommendations of manufacturers or suppliers of the materials.\nresponsible person , for a regulated contract, means—\nif the contract is a contract for carrying out the subject work—the building contractor; or\nif the contract is a contract for managing the carrying out of the subject work—the person responsible for carrying out the work.\nsch 1B s 20 ins 2014 No. 57 s 60\n(sch.1B-sec.20-ssec.1) The building contractor warrants that all materials to be supplied for use in the subject work— will be good and, having regard to the relevant criteria, suitable for the purpose for which they are used; and unless otherwise stated in the contract, will be new.\n(sch.1B-sec.20-ssec.2) Subsection (1) applies to the building contractor for materials only if the materials are supplied by the responsible person for the contract.\n(sch.1B-sec.20-ssec.3) Despite subsection (2) , if the contract is being administered by an architect engaged by the building owner, subsection (1) does not apply to the building owner for materials if the responsible person is subject to the direction of the architect for supplying the materials.\n(sch.1B-sec.20-ssec.4) Also, despite subsection (2) , subsection (1) does not apply to the building contractor for materials if— the building owner is responsible for nominating the materials for use in the subject work; and either— there are no reasonable grounds for not using the materials; or if there are reasonable grounds for not using the materials—the building owner insists on the materials being used despite written advice to the contrary given to the building owner by the building contractor.\n(sch.1B-sec.20-ssec.5) A building owner is responsible for nominating materials for use in the subject work only if— the building owner nominates the materials specifically; and the nomination is made without any recommendation, representation, suggestion or other approach being made to the building owner by the building contractor— supporting, or approving, the use of the materials; or criticising, or disapproving the use of, other materials that could be considered to be appropriate for use for the purpose for which the materials nominated by the building owner are to be used.\n(sch.1B-sec.20-ssec.6) In this section— relevant criteria , for materials, means— generally accepted practices or standards applied in the building industry for the materials; or specifications, instructions or recommendations of manufacturers or suppliers of the materials. responsible person , for a regulated contract, means— if the contract is a contract for carrying out the subject work—the building contractor; or if the contract is a contract for managing the carrying out of the subject work—the person responsible for carrying out the work.\n- (a) will be good and, having regard to the relevant criteria, suitable for the purpose for which they are used; and\n- (b) unless otherwise stated in the contract, will be new.\n- (a) the building owner is responsible for nominating the materials for use in the subject work; and\n- (b) either— (i) there are no reasonable grounds for not using the materials; or (ii) if there are reasonable grounds for not using the materials—the building owner insists on the materials being used despite written advice to the contrary given to the building owner by the building contractor.\n- (i) there are no reasonable grounds for not using the materials; or\n- (ii) if there are reasonable grounds for not using the materials—the building owner insists on the materials being used despite written advice to the contrary given to the building owner by the building contractor.\n- (i) there are no reasonable grounds for not using the materials; or\n- (ii) if there are reasonable grounds for not using the materials—the building owner insists on the materials being used despite written advice to the contrary given to the building owner by the building contractor.\n- (a) the building owner nominates the materials specifically; and\n- (b) the nomination is made without any recommendation, representation, suggestion or other approach being made to the building owner by the building contractor— (i) supporting, or approving, the use of the materials; or (ii) criticising, or disapproving the use of, other materials that could be considered to be appropriate for use for the purpose for which the materials nominated by the building owner are to be used.\n- (i) supporting, or approving, the use of the materials; or\n- (ii) criticising, or disapproving the use of, other materials that could be considered to be appropriate for use for the purpose for which the materials nominated by the building owner are to be used.\n- (i) supporting, or approving, the use of the materials; or\n- (ii) criticising, or disapproving the use of, other materials that could be considered to be appropriate for use for the purpose for which the materials nominated by the building owner are to be used.\n- (a) generally accepted practices or standards applied in the building industry for the materials; or\n- (b) specifications, instructions or recommendations of manufacturers or suppliers of the materials.\n- (a) if the contract is a contract for carrying out the subject work—the building contractor; or\n- (b) if the contract is a contract for managing the carrying out of the subject work—the person responsible for carrying out the work.","sortOrder":739},{"sectionNumber":"sch.1B-sec.21","sectionType":"section","heading":"Compliance with legal requirements","content":"### sch.1B-sec.21 Compliance with legal requirements\n\nThe building contractor warrants the subject work will be carried out in accordance with all relevant laws and legal requirements, including, for example, the Building Act 1975 .\nsch 1B s 21 ins 2014 No. 57 s 60","sortOrder":740},{"sectionNumber":"sch.1B-sec.22","sectionType":"section","heading":"Standard of work and exercise of care and skill","content":"### sch.1B-sec.22 Standard of work and exercise of care and skill\n\nThe building contractor warrants the subject work will be carried out—\nin an appropriate and skilful way; and\nwith reasonable care and skill.\nsch 1B s 22 ins 2014 No. 57 s 60\n- (a) in an appropriate and skilful way; and\n- (b) with reasonable care and skill.","sortOrder":741},{"sectionNumber":"sch.1B-pt.3-div.3","sectionType":"division","heading":"Implied warranties for particular contracts","content":"## Implied warranties for particular contracts","sortOrder":742},{"sectionNumber":"sch.1B-sec.23","sectionType":"section","heading":"Adherence to plans and specifications","content":"### sch.1B-sec.23 Adherence to plans and specifications\n\nThis section applies to a regulated contract if plans and specifications form part of the contract.\nThe building contractor warrants the subject work will be carried out in accordance with the plans and specifications.\nsch 1B s 23 ins 2014 No. 57 s 60\n(sch.1B-sec.23-ssec.1) This section applies to a regulated contract if plans and specifications form part of the contract.\n(sch.1B-sec.23-ssec.2) The building contractor warrants the subject work will be carried out in accordance with the plans and specifications.","sortOrder":743},{"sectionNumber":"sch.1B-sec.24","sectionType":"section","heading":"Suitability of premises for occupation","content":"### sch.1B-sec.24 Suitability of premises for occupation\n\nThis section applies to a regulated contract if the subject work—\nconsists of the erection or construction of a detached dwelling to a stage suitable for occupation; or\nis work intended to renovate, alter, extend, improve or repair a home to a stage suitable for occupation.\nThe building contractor warrants the detached dwelling or home will be suitable for occupation when the work is finished.\nsch 1B s 24 ins 2014 No. 57 s 60\n(sch.1B-sec.24-ssec.1) This section applies to a regulated contract if the subject work— consists of the erection or construction of a detached dwelling to a stage suitable for occupation; or is work intended to renovate, alter, extend, improve or repair a home to a stage suitable for occupation.\n(sch.1B-sec.24-ssec.2) The building contractor warrants the detached dwelling or home will be suitable for occupation when the work is finished.\n- (a) consists of the erection or construction of a detached dwelling to a stage suitable for occupation; or\n- (b) is work intended to renovate, alter, extend, improve or repair a home to a stage suitable for occupation.","sortOrder":744},{"sectionNumber":"sch.1B-sec.25","sectionType":"section","heading":"Carrying out work with reasonable diligence","content":"### sch.1B-sec.25 Carrying out work with reasonable diligence\n\nThe building contractor warrants the subject work will be carried out with reasonable diligence.\nsch 1B s 25 ins 2014 No. 57 s 60","sortOrder":745},{"sectionNumber":"sch.1B-sec.26","sectionType":"section","heading":"Calculation of provisional sums and prime cost items","content":"### sch.1B-sec.26 Calculation of provisional sums and prime cost items\n\nThis section applies to a regulated contract providing for a provisional sum or prime cost item.\nThe building contractor warrants the provisional sum or prime cost item has been calculated with reasonable care and skill, having regard to all the information reasonably available when the contract is entered into (including information about the nature and location of the building site).\nsch 1B s 26 ins 2014 No. 57 s 60\n(sch.1B-sec.26-ssec.1) This section applies to a regulated contract providing for a provisional sum or prime cost item.\n(sch.1B-sec.26-ssec.2) The building contractor warrants the provisional sum or prime cost item has been calculated with reasonable care and skill, having regard to all the information reasonably available when the contract is entered into (including information about the nature and location of the building site).","sortOrder":746},{"sectionNumber":"sch.1B-pt.3-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":747},{"sectionNumber":"sch.1B-sec.27","sectionType":"section","heading":"Warranties run with building","content":"### sch.1B-sec.27 Warranties run with building\n\nAn associated person for a regulated contract has the same rights for a breach of a warranty mentioned in division 2 or schedule section 23 or 24 as if the person were the building owner.\nHowever, subsection (1) applies to the associated person—\nonly if, at the relevant time, the person did not know, and could not reasonably have known, of the existence of the breach; and\nonly to the extent the rights are rights that, immediately before the person became an associated person for the contract, were held by—\nthe building owner; or\nanother associated person for the contract.\nIn this section—\nassociated person , for a regulated contract, means a person, other than the building owner, who is the owner for the time being of the building in relation to which, or land on which, the subject work was carried out.\nrelevant time , for an associated person, for a regulated contract, means the time the person entered into the agreement under which the person became an associated person for the contract.\nsch 1B s 27 ins 2014 No. 57 s 60\n(sch.1B-sec.27-ssec.1) An associated person for a regulated contract has the same rights for a breach of a warranty mentioned in division 2 or schedule section 23 or 24 as if the person were the building owner.\n(sch.1B-sec.27-ssec.2) However, subsection (1) applies to the associated person— only if, at the relevant time, the person did not know, and could not reasonably have known, of the existence of the breach; and only to the extent the rights are rights that, immediately before the person became an associated person for the contract, were held by— the building owner; or another associated person for the contract.\n(sch.1B-sec.27-ssec.3) In this section— associated person , for a regulated contract, means a person, other than the building owner, who is the owner for the time being of the building in relation to which, or land on which, the subject work was carried out. relevant time , for an associated person, for a regulated contract, means the time the person entered into the agreement under which the person became an associated person for the contract.\n- (a) only if, at the relevant time, the person did not know, and could not reasonably have known, of the existence of the breach; and\n- (b) only to the extent the rights are rights that, immediately before the person became an associated person for the contract, were held by— (i) the building owner; or (ii) another associated person for the contract.\n- (i) the building owner; or\n- (ii) another associated person for the contract.\n- (i) the building owner; or\n- (ii) another associated person for the contract.","sortOrder":748},{"sectionNumber":"sch.1B-sec.28","sectionType":"section","heading":"Protection of rights given by warranties","content":"### sch.1B-sec.28 Protection of rights given by warranties\n\nA provision of an agreement or other document that purports to restrict or take away the rights of a person for a breach of a warranty mentioned in this part is void.\nsch 1B s 28 ins 2014 No. 57 s 60","sortOrder":749},{"sectionNumber":"sch.1B-sec.29","sectionType":"section","heading":"Proceedings for breach of warranties","content":"### sch.1B-sec.29 Proceedings for breach of warranties\n\nProceedings for a breach of a statutory warranty must be started before the end of the warranty period for the breach.\nHowever, if the breach of statutory warranty becomes apparent within the last 6 months of the warranty period, proceedings may be started within a further 6 months after the end of the warranty period.\nThe warranty period for a regulated contract—\nis 6 years for a breach that results in a structural defect, as prescribed by regulation, or 1 year in any other case; and\nstarts—\nif the subject work is completed—on completion of the work; or\nif the subject work is not completed—\nif the contract is terminated—the date the contract is terminated; or\nif the contract is not terminated—the date on which work under the contract ceased; or\nif the contract is not terminated and work under the contract was not started—the date the contract was entered into.\nA breach of a statutory warranty becomes apparent when any person entitled to the benefit of the warranty first becomes aware, or ought reasonably to have become aware, of the breach.\nThe fact that a person entitled to the benefit of a statutory warranty has enforced the warranty in relation to a particular deficiency in domestic building work does not prevent the person from enforcing the same warranty for a deficiency of a different kind in the work (the other deficiency ) if—\nthe other deficiency was in existence when the work to which the warranty relates was completed; and\nthe person did not know, and could not reasonably have been expected to know, of the existence of the other deficiency when the warranty was previously enforced; and\nthe proceedings to enforce the warranty in relation to the other deficiency are brought within the period mentioned in subsection (1) .\nIn proceedings for a breach of a statutory warranty, it is a defence for the defendant to prove that—\nthe deficiencies of which the plaintiff complains arise from instructions given by the person for whom the work was done contrary to the written advice of the defendant or the person who did the work; or\nthe defendant was not reasonably given access to rectify the deficiencies of which the plaintiff complains.\nsch 1B s 29 ins 2014 No. 57 s 60\n(sch.1B-sec.29-ssec.1) Proceedings for a breach of a statutory warranty must be started before the end of the warranty period for the breach.\n(sch.1B-sec.29-ssec.2) However, if the breach of statutory warranty becomes apparent within the last 6 months of the warranty period, proceedings may be started within a further 6 months after the end of the warranty period.\n(sch.1B-sec.29-ssec.3) The warranty period for a regulated contract— is 6 years for a breach that results in a structural defect, as prescribed by regulation, or 1 year in any other case; and starts— if the subject work is completed—on completion of the work; or if the subject work is not completed— if the contract is terminated—the date the contract is terminated; or if the contract is not terminated—the date on which work under the contract ceased; or if the contract is not terminated and work under the contract was not started—the date the contract was entered into.\n(sch.1B-sec.29-ssec.4) A breach of a statutory warranty becomes apparent when any person entitled to the benefit of the warranty first becomes aware, or ought reasonably to have become aware, of the breach.\n(sch.1B-sec.29-ssec.5) The fact that a person entitled to the benefit of a statutory warranty has enforced the warranty in relation to a particular deficiency in domestic building work does not prevent the person from enforcing the same warranty for a deficiency of a different kind in the work (the other deficiency ) if— the other deficiency was in existence when the work to which the warranty relates was completed; and the person did not know, and could not reasonably have been expected to know, of the existence of the other deficiency when the warranty was previously enforced; and the proceedings to enforce the warranty in relation to the other deficiency are brought within the period mentioned in subsection (1) .\n(sch.1B-sec.29-ssec.6) In proceedings for a breach of a statutory warranty, it is a defence for the defendant to prove that— the deficiencies of which the plaintiff complains arise from instructions given by the person for whom the work was done contrary to the written advice of the defendant or the person who did the work; or the defendant was not reasonably given access to rectify the deficiencies of which the plaintiff complains.\n- (a) is 6 years for a breach that results in a structural defect, as prescribed by regulation, or 1 year in any other case; and\n- (b) starts— (i) if the subject work is completed—on completion of the work; or (ii) if the subject work is not completed— (A) if the contract is terminated—the date the contract is terminated; or (B) if the contract is not terminated—the date on which work under the contract ceased; or (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into.\n- (i) if the subject work is completed—on completion of the work; or\n- (ii) if the subject work is not completed— (A) if the contract is terminated—the date the contract is terminated; or (B) if the contract is not terminated—the date on which work under the contract ceased; or (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into.\n- (A) if the contract is terminated—the date the contract is terminated; or\n- (B) if the contract is not terminated—the date on which work under the contract ceased; or\n- (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into.\n- (i) if the subject work is completed—on completion of the work; or\n- (ii) if the subject work is not completed— (A) if the contract is terminated—the date the contract is terminated; or (B) if the contract is not terminated—the date on which work under the contract ceased; or (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into.\n- (A) if the contract is terminated—the date the contract is terminated; or\n- (B) if the contract is not terminated—the date on which work under the contract ceased; or\n- (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into.\n- (A) if the contract is terminated—the date the contract is terminated; or\n- (B) if the contract is not terminated—the date on which work under the contract ceased; or\n- (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into.\n- (a) the other deficiency was in existence when the work to which the warranty relates was completed; and\n- (b) the person did not know, and could not reasonably have been expected to know, of the existence of the other deficiency when the warranty was previously enforced; and\n- (c) the proceedings to enforce the warranty in relation to the other deficiency are brought within the period mentioned in subsection (1) .\n- (a) the deficiencies of which the plaintiff complains arise from instructions given by the person for whom the work was done contrary to the written advice of the defendant or the person who did the work; or\n- (b) the defendant was not reasonably given access to rectify the deficiencies of which the plaintiff complains.","sortOrder":750},{"sectionNumber":"sch.1B-pt.4","sectionType":"part","heading":"Restrictions relating to contracts","content":"# Restrictions relating to contracts","sortOrder":751},{"sectionNumber":"sch.1B-pt.4-div.1","sectionType":"division","heading":"Entering into contracts","content":"## Entering into contracts","sortOrder":752},{"sectionNumber":"sch.1B-sec.30","sectionType":"section","heading":"Contracted services must not start before regulated contract complies with requirements","content":"### sch.1B-sec.30 Contracted services must not start before regulated contract complies with requirements\n\nThe building contractor for a regulated contract must not start to provide the contracted services before the contract complies with the requirements of—\nfor a level 1 regulated contract—schedule section 13 ; or\nfor a level 2 regulated contract—schedule section 14 .\nMaximum penalty—100 penalty units.\nsch 1B s 30 ins 2014 No. 57 s 60\n- (a) for a level 1 regulated contract—schedule section 13 ; or\n- (b) for a level 2 regulated contract—schedule section 14 .","sortOrder":753},{"sectionNumber":"sch.1B-sec.31","sectionType":"section","heading":"Foundations data","content":"### sch.1B-sec.31 Foundations data\n\nThis section applies if the subject work proposed for a regulated contract—\nrequires the construction or alteration of footings, or a concrete slab, for a building; or\nmay adversely affect the footings of a building or a concrete slab forming part of a building.\nBefore entering into the contract, the building contractor must obtain the foundations data that is appropriate for the building site, having regard to the following—\nthe Building Code of Australia;\nthe need for a drainage plan;\nthe need for engineer’s drawings and computations;\nthe need for information on the fall of the land at the building site.\nMaximum penalty—100 penalty units.\nHowever, subsection (2) does not apply if—\nthe building contractor is not lawfully entitled to enter the land at the building site to obtain the foundations data before entering into the contract; and\nthe contract guarantees that there will be no increase in the contract price because of the foundations data.\nNothing in subsection (2) requires a building contractor to commission the preparation of foundations data to the extent the data already exists and it is reasonable for the building contractor to rely on the data.\nThe building contractor must give a copy of any foundations data obtained by the building contractor for this section to the building owner on payment by the building owner of the costs incurred by the building contractor in obtaining the data.\nMaximum penalty—10 penalty units.\nSubsection (5) does not apply to a building contractor for foundations data if the data is given to the building contractor by the building owner.\nIn a proceeding for a contravention of subsection (5) in relation to a copy of any foundations data, it is a defence for the building contractor to prove that the building contractor reasonably believes the building owner already has a copy of the data.\nThe building contractor under a regulated contract can not seek from the building owner an amount not already provided for in the contract if—\nthe building contractor entered into the contract before obtaining the foundations data under subsection (2) ; and\nthe need for the additional amount could reasonably have been established, and the amount calculated, had the building contractor complied with the subsection.\nFor subsection (8) , an amount is not taken to be provided for in a regulated contract only because the contract contains a provision allowing for an increase to be made of the contract price.\nNothing in this section prevents the building contractor from claiming an amount not provided for in the contract if—\nthe building contractor has complied with subsection (2) ; and\nthe need for the additional amount can not be established from the foundations data obtained by the building contractor.\nsch 1B s 31 ins 2014 No. 57 s 60\n(sch.1B-sec.31-ssec.1) This section applies if the subject work proposed for a regulated contract— requires the construction or alteration of footings, or a concrete slab, for a building; or may adversely affect the footings of a building or a concrete slab forming part of a building.\n(sch.1B-sec.31-ssec.2) Before entering into the contract, the building contractor must obtain the foundations data that is appropriate for the building site, having regard to the following— the Building Code of Australia; the need for a drainage plan; the need for engineer’s drawings and computations; the need for information on the fall of the land at the building site. Maximum penalty—100 penalty units.\n(sch.1B-sec.31-ssec.3) However, subsection (2) does not apply if— the building contractor is not lawfully entitled to enter the land at the building site to obtain the foundations data before entering into the contract; and the contract guarantees that there will be no increase in the contract price because of the foundations data.\n(sch.1B-sec.31-ssec.4) Nothing in subsection (2) requires a building contractor to commission the preparation of foundations data to the extent the data already exists and it is reasonable for the building contractor to rely on the data.\n(sch.1B-sec.31-ssec.5) The building contractor must give a copy of any foundations data obtained by the building contractor for this section to the building owner on payment by the building owner of the costs incurred by the building contractor in obtaining the data. Maximum penalty—10 penalty units.\n(sch.1B-sec.31-ssec.6) Subsection (5) does not apply to a building contractor for foundations data if the data is given to the building contractor by the building owner.\n(sch.1B-sec.31-ssec.7) In a proceeding for a contravention of subsection (5) in relation to a copy of any foundations data, it is a defence for the building contractor to prove that the building contractor reasonably believes the building owner already has a copy of the data.\n(sch.1B-sec.31-ssec.8) The building contractor under a regulated contract can not seek from the building owner an amount not already provided for in the contract if— the building contractor entered into the contract before obtaining the foundations data under subsection (2) ; and the need for the additional amount could reasonably have been established, and the amount calculated, had the building contractor complied with the subsection.\n(sch.1B-sec.31-ssec.9) For subsection (8) , an amount is not taken to be provided for in a regulated contract only because the contract contains a provision allowing for an increase to be made of the contract price.\n(sch.1B-sec.31-ssec.10) Nothing in this section prevents the building contractor from claiming an amount not provided for in the contract if— the building contractor has complied with subsection (2) ; and the need for the additional amount can not be established from the foundations data obtained by the building contractor.\n- (a) requires the construction or alteration of footings, or a concrete slab, for a building; or\n- (b) may adversely affect the footings of a building or a concrete slab forming part of a building.\n- (a) the Building Code of Australia;\n- (b) the need for a drainage plan;\n- (c) the need for engineer’s drawings and computations;\n- (d) the need for information on the fall of the land at the building site.\n- (a) the building contractor is not lawfully entitled to enter the land at the building site to obtain the foundations data before entering into the contract; and\n- (b) the contract guarantees that there will be no increase in the contract price because of the foundations data.\n- (a) the building contractor entered into the contract before obtaining the foundations data under subsection (2) ; and\n- (b) the need for the additional amount could reasonably have been established, and the amount calculated, had the building contractor complied with the subsection.\n- (a) the building contractor has complied with subsection (2) ; and\n- (b) the need for the additional amount can not be established from the foundations data obtained by the building contractor.","sortOrder":754},{"sectionNumber":"sch.1B-sec.32","sectionType":"section","heading":"Arbitration clauses","content":"### sch.1B-sec.32 Arbitration clauses\n\nA provision of a regulated contract, or other agreement, requiring that a dispute under the contract be referred to arbitration is void.\nSubsection (1) does not apply to a provision of an agreement, other than a regulated contract, if the agreement is entered into after a dispute under the contract arises.\nsch 1B s 32 ins 2014 No. 57 s 60\n(sch.1B-sec.32-ssec.1) A provision of a regulated contract, or other agreement, requiring that a dispute under the contract be referred to arbitration is void.\n(sch.1B-sec.32-ssec.2) Subsection (1) does not apply to a provision of an agreement, other than a regulated contract, if the agreement is entered into after a dispute under the contract arises.","sortOrder":755},{"sectionNumber":"sch.1B-pt.4-div.2","sectionType":"division","heading":"Payments relating to contracts","content":"## Payments relating to contracts","sortOrder":756},{"sectionNumber":"sch.1B-sec.33","sectionType":"section","heading":"Deposits","content":"### sch.1B-sec.33 Deposits\n\nThe building contractor under a regulated contract must not, before starting to provide the contracted services at the building site, demand or receive a deposit under the contract of more than—\nfor a level 1 regulated contract (other than a contract mentioned in paragraph (c) )—10% of the contract price; or\nfor a level 2 regulated contract (other than a contract mentioned in paragraph (c) )—5% of the contract price; or\nfor a level 1 or 2 regulated contract under which the value of the off-site work is more than 50% of the contract price—20% of the contract price.\nMaximum penalty—100 penalty units.\nIn this section, a reference to the contract price for a contract includes, for a cost plus contract, a reference to the estimated amount for the contract.\nIn this section—\ndeposit , for a regulated contract, includes any payment for domestic building work demanded or received by the building contractor prior to the contracted services commencing at the building site, including, for example, any insurance premium paid under part 5 .\noff-site work , for a regulated contract, means contracted services performed at a place that is not the place at which the domestic building work is to be finally installed or constructed under the contract.\nsch 1B s 33 ins 2014 No. 57 s 60\n(sch.1B-sec.33-ssec.1) The building contractor under a regulated contract must not, before starting to provide the contracted services at the building site, demand or receive a deposit under the contract of more than— for a level 1 regulated contract (other than a contract mentioned in paragraph (c) )—10% of the contract price; or for a level 2 regulated contract (other than a contract mentioned in paragraph (c) )—5% of the contract price; or for a level 1 or 2 regulated contract under which the value of the off-site work is more than 50% of the contract price—20% of the contract price. Maximum penalty—100 penalty units.\n(sch.1B-sec.33-ssec.2) In this section, a reference to the contract price for a contract includes, for a cost plus contract, a reference to the estimated amount for the contract.\n(sch.1B-sec.33-ssec.3) In this section— deposit , for a regulated contract, includes any payment for domestic building work demanded or received by the building contractor prior to the contracted services commencing at the building site, including, for example, any insurance premium paid under part 5 . off-site work , for a regulated contract, means contracted services performed at a place that is not the place at which the domestic building work is to be finally installed or constructed under the contract.\n- (a) for a level 1 regulated contract (other than a contract mentioned in paragraph (c) )—10% of the contract price; or\n- (b) for a level 2 regulated contract (other than a contract mentioned in paragraph (c) )—5% of the contract price; or\n- (c) for a level 1 or 2 regulated contract under which the value of the off-site work is more than 50% of the contract price—20% of the contract price.","sortOrder":757},{"sectionNumber":"sch.1B-sec.34","sectionType":"section","heading":"Progress payments for regulated contracts","content":"### sch.1B-sec.34 Progress payments for regulated contracts\n\nThe building contractor under a regulated contract must not claim an amount under the contract, other than a deposit, unless the amount—\nis directly related to the progress of carrying out the subject work at the building site; and\nis proportionate to the value of the subject work that relates to the claim, or less than that value.\nThe claimed amount is for half of the contract price for a regulated contract, less a 5% deposit, and is demanded after the completion of half of the subject work.\nMaximum penalty—50 penalty units.\nA regulation may prescribe when an amount is proportionate to the value of subject work under a regulated contract.\nFor subsection (1) , a building contractor is taken to claim an amount if the contractor demands or receives the amount.\nIn this section—\nbuilding site , for a regulated contract, does not include a place where the subject work has been, is being, or is to be, carried out if the work is required to later be installed or constructed at another place under the contract.\ndeposit , for a regulated contract, means the deposit permitted for the contract under schedule section 33 (1) .\nsch 1B s 34 ins 2014 No. 57 s 60\n(sch.1B-sec.34-ssec.1) The building contractor under a regulated contract must not claim an amount under the contract, other than a deposit, unless the amount— is directly related to the progress of carrying out the subject work at the building site; and is proportionate to the value of the subject work that relates to the claim, or less than that value. The claimed amount is for half of the contract price for a regulated contract, less a 5% deposit, and is demanded after the completion of half of the subject work. Maximum penalty—50 penalty units.\n(sch.1B-sec.34-ssec.2) A regulation may prescribe when an amount is proportionate to the value of subject work under a regulated contract.\n(sch.1B-sec.34-ssec.3) For subsection (1) , a building contractor is taken to claim an amount if the contractor demands or receives the amount.\n(sch.1B-sec.34-ssec.4) In this section— building site , for a regulated contract, does not include a place where the subject work has been, is being, or is to be, carried out if the work is required to later be installed or constructed at another place under the contract. deposit , for a regulated contract, means the deposit permitted for the contract under schedule section 33 (1) .\n- (a) is directly related to the progress of carrying out the subject work at the building site; and\n- (b) is proportionate to the value of the subject work that relates to the claim, or less than that value. Example for paragraph (b) — The claimed amount is for half of the contract price for a regulated contract, less a 5% deposit, and is demanded after the completion of half of the subject work.","sortOrder":758},{"sectionNumber":"sch.1B-pt.5","sectionType":"part","heading":"Cooling-off period and withdrawing from regulated contracts","content":"# Cooling-off period and withdrawing from regulated contracts","sortOrder":759},{"sectionNumber":"sch.1B-sec.35","sectionType":"section","heading":"Right of building owner to withdraw from contract in cooling-off period","content":"### sch.1B-sec.35 Right of building owner to withdraw from contract in cooling-off period\n\nThe building owner under a regulated contract may withdraw from the contract within 5 business days after the day on which the owner receives a copy of the signed contract from the building contractor.\nAlso, if the building owner under a level 2 regulated contract does not receive the consumer building guide before receiving a copy of the signed contract, the owner may withdraw from the contract within 5 business days after the day on which the owner receives the consumer building guide.\nIf 5 business days have elapsed from the day the contract was entered into and the owner has not received from the building contractor a copy of the signed contract and, for a level 2 regulated contract, the consumer building guide, the owner may withdraw from the contract.\nNothing in subsection (3) affects the right of the building owner to withdraw from the contract under subsection (1) or (2) if the owner subsequently receives from the building contractor a copy of the signed contract and, for a level 2 regulated contract, the consumer building guide.\nsch 1B s 35 ins 2014 No. 57 s 60\n(sch.1B-sec.35-ssec.1) The building owner under a regulated contract may withdraw from the contract within 5 business days after the day on which the owner receives a copy of the signed contract from the building contractor.\n(sch.1B-sec.35-ssec.2) Also, if the building owner under a level 2 regulated contract does not receive the consumer building guide before receiving a copy of the signed contract, the owner may withdraw from the contract within 5 business days after the day on which the owner receives the consumer building guide.\n(sch.1B-sec.35-ssec.3) If 5 business days have elapsed from the day the contract was entered into and the owner has not received from the building contractor a copy of the signed contract and, for a level 2 regulated contract, the consumer building guide, the owner may withdraw from the contract.\n(sch.1B-sec.35-ssec.4) Nothing in subsection (3) affects the right of the building owner to withdraw from the contract under subsection (1) or (2) if the owner subsequently receives from the building contractor a copy of the signed contract and, for a level 2 regulated contract, the consumer building guide.","sortOrder":760},{"sectionNumber":"sch.1B-sec.36","sectionType":"section","heading":"Restrictions affecting right of withdrawal in cooling-off period","content":"### sch.1B-sec.36 Restrictions affecting right of withdrawal in cooling-off period\n\nThis section applies despite schedule section 35 .\nA building owner may not withdraw from a regulated contract (the current contract ) under schedule section 35 if—\nthe building owner and building contractor previously entered into a regulated contract (the previous contract ); and\nthe terms of the previous contract and current contract are substantially the same; and\nthe contracted services for the previous contract and current contract—\nare substantially the same; and\nrelate to the same detached dwelling, home or land.\nAlso, a building owner may not withdraw from a regulated contract under schedule section 35 if—\nbefore entering into the contract, the building owner received formal legal advice about the contract; or\nwhen, or after, the contract is entered into, the building owner tells the building contractor that the building owner received formal legal advice about the contract before entering into the contract.\nIn this section—\nformal legal advice means independent advice—\ngiven by a practising legal practitioner; and\nfor the giving of which an amount is paid, or is payable, to the legal practitioner by the person to whom the advice is given.\npractising legal practitioner means a lawyer authorised under a law of the State to practise as a lawyer for purposes including the giving, for reward, of advice, including, for example, advice about domestic building contracts.\nsch 1B s 36 ins 2014 No. 57 s 60\n(sch.1B-sec.36-ssec.1) This section applies despite schedule section 35 .\n(sch.1B-sec.36-ssec.2) A building owner may not withdraw from a regulated contract (the current contract ) under schedule section 35 if— the building owner and building contractor previously entered into a regulated contract (the previous contract ); and the terms of the previous contract and current contract are substantially the same; and the contracted services for the previous contract and current contract— are substantially the same; and relate to the same detached dwelling, home or land.\n(sch.1B-sec.36-ssec.3) Also, a building owner may not withdraw from a regulated contract under schedule section 35 if— before entering into the contract, the building owner received formal legal advice about the contract; or when, or after, the contract is entered into, the building owner tells the building contractor that the building owner received formal legal advice about the contract before entering into the contract.\n(sch.1B-sec.36-ssec.4) In this section— formal legal advice means independent advice— given by a practising legal practitioner; and for the giving of which an amount is paid, or is payable, to the legal practitioner by the person to whom the advice is given. practising legal practitioner means a lawyer authorised under a law of the State to practise as a lawyer for purposes including the giving, for reward, of advice, including, for example, advice about domestic building contracts.\n- (a) the building owner and building contractor previously entered into a regulated contract (the previous contract ); and\n- (b) the terms of the previous contract and current contract are substantially the same; and\n- (c) the contracted services for the previous contract and current contract— (i) are substantially the same; and (ii) relate to the same detached dwelling, home or land.\n- (i) are substantially the same; and\n- (ii) relate to the same detached dwelling, home or land.\n- (i) are substantially the same; and\n- (ii) relate to the same detached dwelling, home or land.\n- (a) before entering into the contract, the building owner received formal legal advice about the contract; or\n- (b) when, or after, the contract is entered into, the building owner tells the building contractor that the building owner received formal legal advice about the contract before entering into the contract.\n- (a) given by a practising legal practitioner; and\n- (b) for the giving of which an amount is paid, or is payable, to the legal practitioner by the person to whom the advice is given.","sortOrder":761},{"sectionNumber":"sch.1B-sec.37","sectionType":"section","heading":"Withdrawal procedure","content":"### sch.1B-sec.37 Withdrawal procedure\n\nTo withdraw from a regulated contract under schedule section 35 , the building owner must, within the time allowed under the section for the withdrawal—\ngive a withdrawal notice to the building contractor; or\nleave a withdrawal notice at the address shown as the building contractor’s address in the contract; or\nserve a withdrawal notice on the building contractor in accordance with any provision in the contract providing for service of notices on the building contractor by the building owner.\nIn this section—\nwithdrawal notice means a written notice signed by the building owner under a regulated contract stating—\nthat the building owner withdraws from the contract; and\nthe section of this schedule under which the withdrawal is made.\nsch 1B s 37 ins 2014 No. 57 s 60\n(sch.1B-sec.37-ssec.1) To withdraw from a regulated contract under schedule section 35 , the building owner must, within the time allowed under the section for the withdrawal— give a withdrawal notice to the building contractor; or leave a withdrawal notice at the address shown as the building contractor’s address in the contract; or serve a withdrawal notice on the building contractor in accordance with any provision in the contract providing for service of notices on the building contractor by the building owner.\n(sch.1B-sec.37-ssec.2) In this section— withdrawal notice means a written notice signed by the building owner under a regulated contract stating— that the building owner withdraws from the contract; and the section of this schedule under which the withdrawal is made.\n- (a) give a withdrawal notice to the building contractor; or\n- (b) leave a withdrawal notice at the address shown as the building contractor’s address in the contract; or\n- (c) serve a withdrawal notice on the building contractor in accordance with any provision in the contract providing for service of notices on the building contractor by the building owner.\n- (a) that the building owner withdraws from the contract; and\n- (b) the section of this schedule under which the withdrawal is made.","sortOrder":762},{"sectionNumber":"sch.1B-sec.38","sectionType":"section","heading":"Rights and obligations of parties following withdrawal in cooling-off period","content":"### sch.1B-sec.38 Rights and obligations of parties following withdrawal in cooling-off period\n\nThis section applies if a building owner withdraws from a regulated contract under schedule section 35 .\nIf there is a prepaid amount for the contract that is not less than the retainable amount, the building contractor—\nmay keep an amount equal to the retainable amount out of the prepaid amount; and\nmust refund any balance of the prepaid amount to the building owner.\nIf there is a prepaid amount for the contract that is less than the retainable amount, the building owner must pay the building contractor an amount equal to the difference between the retainable amount and the prepaid amount.\nIf there is no prepaid amount for the contract, the building owner must pay the building contractor an amount equal to the retainable amount.\nIf an amount is not paid by a person as required under this section, the person to whom it is payable may recover the amount from the other person as a debt.\nExcept as provided under subsection (3) or (4) , the building owner is not liable to the building contractor in any way for withdrawing from the contract.\nIn this section, a reference to the prepaid amount for the contract is a reference to the amount paid to the building contractor under the contract by the building owner before the building owner withdrew from the contract.\nAlso, in this section, a reference to the retainable amount for the contract is a reference to the sum of—\nan amount equal to any out-of-pocket expenses reasonably incurred by the building contractor before the building owner withdrew from the contract; and\nif the building owner withdraws from the contract under schedule section 35 (1) —$100.\nsch 1B s 38 ins 2014 No. 57 s 60\n(sch.1B-sec.38-ssec.1) This section applies if a building owner withdraws from a regulated contract under schedule section 35 .\n(sch.1B-sec.38-ssec.2) If there is a prepaid amount for the contract that is not less than the retainable amount, the building contractor— may keep an amount equal to the retainable amount out of the prepaid amount; and must refund any balance of the prepaid amount to the building owner.\n(sch.1B-sec.38-ssec.3) If there is a prepaid amount for the contract that is less than the retainable amount, the building owner must pay the building contractor an amount equal to the difference between the retainable amount and the prepaid amount.\n(sch.1B-sec.38-ssec.4) If there is no prepaid amount for the contract, the building owner must pay the building contractor an amount equal to the retainable amount.\n(sch.1B-sec.38-ssec.5) If an amount is not paid by a person as required under this section, the person to whom it is payable may recover the amount from the other person as a debt.\n(sch.1B-sec.38-ssec.6) Except as provided under subsection (3) or (4) , the building owner is not liable to the building contractor in any way for withdrawing from the contract.\n(sch.1B-sec.38-ssec.7) In this section, a reference to the prepaid amount for the contract is a reference to the amount paid to the building contractor under the contract by the building owner before the building owner withdrew from the contract.\n(sch.1B-sec.38-ssec.8) Also, in this section, a reference to the retainable amount for the contract is a reference to the sum of— an amount equal to any out-of-pocket expenses reasonably incurred by the building contractor before the building owner withdrew from the contract; and if the building owner withdraws from the contract under schedule section 35 (1) —$100.\n- (a) may keep an amount equal to the retainable amount out of the prepaid amount; and\n- (b) must refund any balance of the prepaid amount to the building owner.\n- (a) an amount equal to any out-of-pocket expenses reasonably incurred by the building contractor before the building owner withdrew from the contract; and\n- (b) if the building owner withdraws from the contract under schedule section 35 (1) —$100.","sortOrder":763},{"sectionNumber":"sch.1B-sec.39","sectionType":"section","heading":"Waiving right of withdrawal","content":"### sch.1B-sec.39 Waiving right of withdrawal\n\nThe building owner under a repair contract may waive the building owner’s right to withdraw from the contract.\nTo waive the right, the building owner must—\ngive a waiver notice to the building contractor; or\nleave a waiver notice at the address shown as the building contractor’s address in the contract; or\nserve a waiver notice on the building contractor in accordance with any provision in the contract providing for service of notices on the building contractor by the building owner.\nThis section has effect despite section 108D .\nIn this section—\nrepair includes an alteration, improvement or replacement that it is necessary or reasonable to carry out instead of effecting a repair.\nrepair contract means a regulated contract under which the subject work is composed of any 1 or more of the following—\nthe repair of a home;\nwork associated with the repair of a home;\nthe provision, for the repair of a home, of services or facilities to the home or the property on which the home is situated;\nsite work relating to work mentioned in paragraph (a) , (b) or (c) .\nwaiver notice means a written notice signed by the building owner under a repair contract stating that the building owner waives the building owner’s right to withdraw from the contract.\nsch 1B s 39 ins 2014 No. 57 s 60\n(sch.1B-sec.39-ssec.1) The building owner under a repair contract may waive the building owner’s right to withdraw from the contract.\n(sch.1B-sec.39-ssec.2) To waive the right, the building owner must— give a waiver notice to the building contractor; or leave a waiver notice at the address shown as the building contractor’s address in the contract; or serve a waiver notice on the building contractor in accordance with any provision in the contract providing for service of notices on the building contractor by the building owner.\n(sch.1B-sec.39-ssec.3) This section has effect despite section 108D .\n(sch.1B-sec.39-ssec.4) In this section— repair includes an alteration, improvement or replacement that it is necessary or reasonable to carry out instead of effecting a repair. repair contract means a regulated contract under which the subject work is composed of any 1 or more of the following— the repair of a home; work associated with the repair of a home; the provision, for the repair of a home, of services or facilities to the home or the property on which the home is situated; site work relating to work mentioned in paragraph (a) , (b) or (c) . waiver notice means a written notice signed by the building owner under a repair contract stating that the building owner waives the building owner’s right to withdraw from the contract.\n- (a) give a waiver notice to the building contractor; or\n- (b) leave a waiver notice at the address shown as the building contractor’s address in the contract; or\n- (c) serve a waiver notice on the building contractor in accordance with any provision in the contract providing for service of notices on the building contractor by the building owner.\n- (a) the repair of a home;\n- (b) work associated with the repair of a home;\n- (c) the provision, for the repair of a home, of services or facilities to the home or the property on which the home is situated;\n- (d) site work relating to work mentioned in paragraph (a) , (b) or (c) .","sortOrder":764},{"sectionNumber":"sch.1B-pt.6","sectionType":"part","heading":"Variations of contracts","content":"# Variations of contracts","sortOrder":765},{"sectionNumber":"sch.1B-sec.40","sectionType":"section","heading":"Variations must be in writing","content":"### sch.1B-sec.40 Variations must be in writing\n\nThis section applies if there is to be a variation of a regulated contract.\nThe building contractor must give the building owner a copy of the variation in writing before the first of the following happens—\n5 business days elapse from the day the building contractor and the building owner agree to the variation;\nany domestic building work the subject of the variation starts.\nMaximum penalty—20 penalty units.\nThe building contractor may give the building owner the variation under subsection (2) —\npersonally; or\nby sending it by post, facsimile or email; or\nin accordance with any provision in the contract providing for service of notices on the building owner by the building contractor.\nIn a proceeding for a contravention of subsection (2) , it is a defence for the building contractor to prove that—\nthe variation is for domestic building work that is required to be carried out urgently; and\nit is not reasonably practicable, in the particular circumstances, to produce a copy of the variation in writing before carrying out the work.\nThe building contractor must not start to carry out any domestic building work the subject of the variation before the building owner agrees to the variation in writing.\nMaximum penalty—20 penalty units.\nsch 1B s 40 ins 2014 No. 57 s 60\n(sch.1B-sec.40-ssec.1) This section applies if there is to be a variation of a regulated contract.\n(sch.1B-sec.40-ssec.2) The building contractor must give the building owner a copy of the variation in writing before the first of the following happens— 5 business days elapse from the day the building contractor and the building owner agree to the variation; any domestic building work the subject of the variation starts. Maximum penalty—20 penalty units.\n(sch.1B-sec.40-ssec.3) The building contractor may give the building owner the variation under subsection (2) — personally; or by sending it by post, facsimile or email; or in accordance with any provision in the contract providing for service of notices on the building owner by the building contractor.\n(sch.1B-sec.40-ssec.4) In a proceeding for a contravention of subsection (2) , it is a defence for the building contractor to prove that— the variation is for domestic building work that is required to be carried out urgently; and it is not reasonably practicable, in the particular circumstances, to produce a copy of the variation in writing before carrying out the work.\n(sch.1B-sec.40-ssec.5) The building contractor must not start to carry out any domestic building work the subject of the variation before the building owner agrees to the variation in writing. Maximum penalty—20 penalty units.\n- (a) 5 business days elapse from the day the building contractor and the building owner agree to the variation;\n- (b) any domestic building work the subject of the variation starts.\n- (a) personally; or\n- (b) by sending it by post, facsimile or email; or\n- (c) in accordance with any provision in the contract providing for service of notices on the building owner by the building contractor.\n- (a) the variation is for domestic building work that is required to be carried out urgently; and\n- (b) it is not reasonably practicable, in the particular circumstances, to produce a copy of the variation in writing before carrying out the work.","sortOrder":766},{"sectionNumber":"sch.1B-sec.41","sectionType":"section","heading":"General contents of document evidencing a variation","content":"### sch.1B-sec.41 General contents of document evidencing a variation\n\nThe building contractor under a regulated contract must ensure a document evidencing a variation of the contract complies with the formal requirements for a variation.\nMaximum penalty—20 penalty units.\nThe document evidencing the variation complies with the formal requirements if it—\nis readily legible; and\ndescribes the variation; and\nstates the date of the request for the variation; and\nif the variation will result in a delay affecting the subject work—states the building contractor’s reasonable estimate for the period of delay; and\nstates the change to the contract price because of the variation, or the method for calculating the change to the contract price because of the variation; and\nif the variation results in an increase in the contract price—states when the increase is to be paid; and\nif the variation results in a decrease in the contract price—states when the decrease is to be accounted for.\nAny increase in the contract price as a result of the variation can not be required to be paid before work the subject of the variation is started.\nsch 1B s 41 ins 2014 No. 57 s 60\n(sch.1B-sec.41-ssec.1) The building contractor under a regulated contract must ensure a document evidencing a variation of the contract complies with the formal requirements for a variation. Maximum penalty—20 penalty units.\n(sch.1B-sec.41-ssec.2) The document evidencing the variation complies with the formal requirements if it— is readily legible; and describes the variation; and states the date of the request for the variation; and if the variation will result in a delay affecting the subject work—states the building contractor’s reasonable estimate for the period of delay; and states the change to the contract price because of the variation, or the method for calculating the change to the contract price because of the variation; and if the variation results in an increase in the contract price—states when the increase is to be paid; and if the variation results in a decrease in the contract price—states when the decrease is to be accounted for.\n(sch.1B-sec.41-ssec.3) Any increase in the contract price as a result of the variation can not be required to be paid before work the subject of the variation is started.\n- (a) is readily legible; and\n- (b) describes the variation; and\n- (c) states the date of the request for the variation; and\n- (d) if the variation will result in a delay affecting the subject work—states the building contractor’s reasonable estimate for the period of delay; and\n- (e) states the change to the contract price because of the variation, or the method for calculating the change to the contract price because of the variation; and\n- (f) if the variation results in an increase in the contract price—states when the increase is to be paid; and\n- (g) if the variation results in a decrease in the contract price—states when the decrease is to be accounted for.","sortOrder":767},{"sectionNumber":"sch.1B-sec.42","sectionType":"section","heading":"Extension of time","content":"### sch.1B-sec.42 Extension of time\n\nThe building contractor under a regulated contract may only claim for an extension of time under the contract if—\nthe delay causing the need for the extension of time was—\nnot reasonably foreseeable and beyond the reasonable control of the contractor; or\ncaused by the building owner; or\ncaused by a variation of the contract complying with schedule section 40 ; and\nthe claim is made to the building owner in writing; and\nthe claim is given to the building owner within 10 business days of the building contractor becoming aware of the cause and extent of the delay or when the building contractor reasonably ought to have become aware of the cause and extent of the delay; and\nthe owner approves the claim in writing.\nA building contractor under a regulated contract must not seek to rely on an extension of time under the contract unless the contractor claimed for the extension of time in compliance with subsection (1) .\nMaximum penalty—20 penalty units.\nA building contractor under a regulated contract must give the building owner a signed copy of a claim for an extension of time within 5 business days of the owner approving the claim.\nMaximum penalty—20 penalty units.\nA regulation may prescribe when a series of similar delays may be taken to be a single delay for the purpose of subsection (1) (c) .\nsch 1B s 42 ins 2014 No. 57 s 60\n(sch.1B-sec.42-ssec.1) The building contractor under a regulated contract may only claim for an extension of time under the contract if— the delay causing the need for the extension of time was— not reasonably foreseeable and beyond the reasonable control of the contractor; or caused by the building owner; or caused by a variation of the contract complying with schedule section 40 ; and the claim is made to the building owner in writing; and the claim is given to the building owner within 10 business days of the building contractor becoming aware of the cause and extent of the delay or when the building contractor reasonably ought to have become aware of the cause and extent of the delay; and the owner approves the claim in writing.\n(sch.1B-sec.42-ssec.2) A building contractor under a regulated contract must not seek to rely on an extension of time under the contract unless the contractor claimed for the extension of time in compliance with subsection (1) . Maximum penalty—20 penalty units.\n(sch.1B-sec.42-ssec.3) A building contractor under a regulated contract must give the building owner a signed copy of a claim for an extension of time within 5 business days of the owner approving the claim. Maximum penalty—20 penalty units.\n(sch.1B-sec.42-ssec.4) A regulation may prescribe when a series of similar delays may be taken to be a single delay for the purpose of subsection (1) (c) .\n- (a) the delay causing the need for the extension of time was— (i) not reasonably foreseeable and beyond the reasonable control of the contractor; or (ii) caused by the building owner; or (iii) caused by a variation of the contract complying with schedule section 40 ; and\n- (i) not reasonably foreseeable and beyond the reasonable control of the contractor; or\n- (ii) caused by the building owner; or\n- (iii) caused by a variation of the contract complying with schedule section 40 ; and\n- (b) the claim is made to the building owner in writing; and\n- (c) the claim is given to the building owner within 10 business days of the building contractor becoming aware of the cause and extent of the delay or when the building contractor reasonably ought to have become aware of the cause and extent of the delay; and\n- (d) the owner approves the claim in writing.\n- (i) not reasonably foreseeable and beyond the reasonable control of the contractor; or\n- (ii) caused by the building owner; or\n- (iii) caused by a variation of the contract complying with schedule section 40 ; and","sortOrder":768},{"sectionNumber":"sch.1B-pt.7","sectionType":"part","heading":"Building sites","content":"# Building sites","sortOrder":769},{"sectionNumber":"sch.1B-sec.43","sectionType":"section","heading":"Building contractor does not acquire interest in land of resident owner","content":"### sch.1B-sec.43 Building contractor does not acquire interest in land of resident owner\n\nA domestic building contract does not give the building contractor an interest in land of a resident owner for the Land Title Act 1994 , section 122 .\nA building contractor who lodges a caveat claiming an interest in land of a building owner under a domestic building contract knowing the owner to be a resident owner commits an offence.\nMaximum penalty for subsection (2) —100 penalty units.\nsch 1B s 43 ins 2014 No. 57 s 60\n(sch.1B-sec.43-ssec.1) A domestic building contract does not give the building contractor an interest in land of a resident owner for the Land Title Act 1994 , section 122 .\n(sch.1B-sec.43-ssec.2) A building contractor who lodges a caveat claiming an interest in land of a building owner under a domestic building contract knowing the owner to be a resident owner commits an offence. Maximum penalty for subsection (2) —100 penalty units.","sortOrder":770},{"sectionNumber":"sch.1B-pt.8","sectionType":"part","heading":"Other matters relating to contracts","content":"# Other matters relating to contracts","sortOrder":771},{"sectionNumber":"sch.1B-sec.44","sectionType":"section","heading":"Effect of failure by building contractor to comply with requirement","content":"### sch.1B-sec.44 Effect of failure by building contractor to comply with requirement\n\nUnless the contrary intention appears in this Act, a failure by a building contractor to comply with a requirement under this Act in relation to a domestic building contract does not make the contract illegal, void or unenforceable.\nsch 1 s 44 ins 2014 No. 57 s 60","sortOrder":772},{"sectionNumber":"sch.1B-pt.9","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":773},{"sectionNumber":"sch.1B-sec.45","sectionType":"section","heading":"Relationship with other Acts","content":"### sch.1B-sec.45 Relationship with other Acts\n\nThe Commercial Arbitration Act 2013 does not apply to domestic building work unless the relevant arbitration agreement under that Act—\nis an agreement other than a domestic building contract; and\nis entered into after the dispute to which it relates arises.\nsch 1B s 45 ins 2014 No. 57 s 60\namd 2017 No. 43 s 306\n- (a) is an agreement other than a domestic building contract; and\n- (b) is entered into after the dispute to which it relates arises.","sortOrder":774},{"sectionNumber":"sch.1B-sec.46","sectionType":"section","heading":"Consumer building guide","content":"### sch.1B-sec.46 Consumer building guide\n\nThe commission must prepare and publish a consumer building guide in a form prescribed by regulation.\nThe consumer building guide may, for informational purposes, contain information about the following—\nwarnings about cost plus contracts;\ninformation about the cooling-off period;\ncommencement notice requirements;\ndeposit and progress payment requirements;\nvariation procedures;\nstatutory warranties;\ndispute resolution procedures.\nSubsection (2) does not limit the type of information the commission may include in the consumer building guide.\nsch 1B s 46 ins 2014 No. 57 s 60\n(sch.1B-sec.46-ssec.1) The commission must prepare and publish a consumer building guide in a form prescribed by regulation.\n(sch.1B-sec.46-ssec.2) The consumer building guide may, for informational purposes, contain information about the following— warnings about cost plus contracts; information about the cooling-off period; commencement notice requirements; deposit and progress payment requirements; variation procedures; statutory warranties; dispute resolution procedures.\n(sch.1B-sec.46-ssec.3) Subsection (2) does not limit the type of information the commission may include in the consumer building guide.\n- (a) warnings about cost plus contracts;\n- (b) information about the cooling-off period;\n- (c) commencement notice requirements;\n- (d) deposit and progress payment requirements;\n- (e) variation procedures;\n- (f) statutory warranties;\n- (g) dispute resolution procedures.","sortOrder":775}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":835},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1991 scope. Originally focused on basic contractor registration and consumer protection, it now encompasses: a sophisticated demerit point system (2003), multiple categories of prohibited persons with complex procedural frameworks, mandatory insurance scheme with detailed premium calculations, regulation of commercial building contracts and securities, fire protection and mechanical services occupational licensing (2007, 2018), building product safety regulation (2017), and information-sharing arrangements with health and safety regulators. The 2014 rewrite of Part 5 (insurance) and 2017 building products amendments represent major scope expansions."},"complexity_factors":["Multiple overlapping regulatory schemes (licensing, insurance, contracts, prohibited persons)","Nested definitions and cross-references throughout (e.g., 'influential person' defined in s 4AA with multiple sub-categories)","Five separate categories of prohibited persons with distinct procedures (excluded, permanently excluded, banned, disqualified, convicted company officers)","Demerit point system with complex accumulation rules and time-based calculations","Extensive conditional logic (e.g., s 67AO on ban terms with multiple scenarios and examples)","Multiple funds with interlocking financial arrangements (General Statutory Fund and Insurance Fund)","Detailed procedural requirements for notices, submissions, and review periods (typically 28 days)","Cross-references to at least 15 other Queensland Acts and Commonwealth legislation","Regulation-dependent provisions where key details are left to subordinate legislation","Complex transitional and retrospective provisions (e.g., s 58 on permanently excluded individuals with 7 declared scenarios)"],"plain_english_summary":"This is the **Queensland Building and Construction Commission Act 1991**, a comprehensive piece of legislation that establishes and governs the building industry regulator in Queensland, Australia.\n\n**What it does:**\n\nThe Act creates the **Queensland Building and Construction Commission (QBCC)** — a government body that oversees building contractors, ensures proper standards, protects consumers, and manages a mandatory insurance scheme for residential building work.\n\n**Key areas covered:**\n\n- **Licensing system**: Establishes different classes of licences for contractors, supervisors, and specialised trades (fire protection, mechanical services). Sets out who can get a licence, how to apply, renewal requirements, and grounds for cancellation or suspension.\n\n- **Prohibited persons**: Creates categories of people who cannot hold licences — including \"excluded individuals\" (those involved in company insolvencies), \"permanently excluded individuals\" (repeat offenders), \"banned individuals\" (for serious defective work), \"disqualified individuals\" (for accumulating demerit points), and \"convicted company officers\".\n\n- **Building contracts**: Regulates commercial building contracts, including requirements for written contracts, limits on retention amounts and securities, payment timeframes, and suspension rights for non-payment.\n\n- **Statutory insurance scheme**: Establishes a mandatory insurance scheme for residential construction work (homes and related buildings) that protects consumers against defective or incomplete work. Licensed contractors must pay premiums on behalf of consumers.\n\n- **Owner-builder permits**: Allows homeowners to do their own building work under strict conditions, including completing an approved course and using licensed contractors for most work.\n\n- **Enforcement and compliance**: Gives the QBCC powers to investigate, audit, issue directions, and take disciplinary action against licensees.\n\n**Who it affects:**\n\n- Anyone carrying out building work in Queensland (must be licensed)\n- Homeowners hiring builders\n- Building companies and their directors\n- Subcontractors and construction managers\n- Consumers of residential building work\n\n**Why it matters:**\n\nThis Act is the backbone of consumer protection in Queensland's building industry. It ensures builders are properly qualified and financially viable, provides a safety net for homeowners when things go wrong, and maintains professional standards across the industry. The demerit point system and various exclusion categories create strong accountability for poor conduct."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.20A(2)(a)","severity":"high","reasoning":"The board may have up to 7 members (s.12(1)), and vacancies mean any odd number between 1 and 7 could be 'appointed at the time of the meeting.' Half of 3 is 1.5, half of 5 is 2.5, half of 7 is 3.5. The provision creates genuine operational ambiguity: does quorum round up or down? If it rounds down, a minority of members could constitute a quorum and pass decisions. The Acts Interpretation Act 1954 (Qld) s.47 provides that where a number is not a whole number, it may be rounded to the nearest whole number, but this still creates uncertainty as to which direction and is not explicitly resolved in the provision.","confidence":0.85,"description":"Fractional quorum creates impossible or ambiguous quorum requirements. The quorum is defined as 'the number of members that is half the number appointed at the time of the meeting.' With an odd number of appointed members (e.g., 3, 5, or 7), this produces a non-integer (e.g., 1.5, 2.5, or 3.5), making it impossible to determine the quorum without rounding rules. The Act provides no rounding direction."},{"type":"impossible_compliance","section":"sec.12(2)(c)","severity":"medium","reasoning":"Six competency areas listed in s.12(2)(b) cannot be equally represented by 7 members. The phrase 'as far as possible' is a softening qualifier that reduces but does not eliminate the absurdity—the legislature is directing a mathematically unachievable goal as the primary target, with 'as far as possible' as a fallback. This creates a structurally aspirational but practically meaningless obligation.","confidence":0.75,"description":"Impossible mathematical requirement: the Act requires 'equal representation' of 6 distinct areas of expertise across a board of 'not more than 7 members.' Six categories cannot be equally represented by 7 (or fewer) members without fractional members. Equal representation of 6 areas requires at least 6 members, but even with exactly 6 members one seat covers one area each with none left over, which is technically equal but only if each member has exactly one area of expertise—a requirement not stated. With 7 members, equal representation of 6 categories is mathematically impossible."},{"type":"self_contradicting","section":"sec.20C(4) and sec.20C(5)","severity":"medium","reasoning":"The member must first disclose at a board meeting (s.20C(2)), which implies presence. Then s.20C(4) bars presence at the direction deliberation. But the disclosure itself is meant to trigger the direction deliberation. If a member cannot be present for the direction deliberation, the sequence of events is internally inconsistent: the member discloses, then must leave, then the board decides if they can stay—but the member has already had to leave. While s.20C(7) provides a residual quorum fix, the procedural sequence remains logically awkward.","confidence":0.65,"description":"Logical impossibility in conflict-of-interest disclosure procedure: s.20C(2) requires a conflicted member to disclose their interest 'to a board meeting.' s.20C(4) then prohibits that same member from being present when the board considers whether to give a direction (i.e., whether to allow the member to remain). But if the member cannot be present for the direction deliberation, and multiple members are conflicted under s.20C(5), there may be no quorum left to deliberate on the direction at all—before even reaching s.20C(7)'s remedial quorum provision. The sequence creates a procedural chicken-and-egg problem."},{"type":"circular_definition","section":"sec.4AA(1) and sec.4AA(3)(f)","severity":"low","reasoning":"The definition captures appearance of control rather than actual control. A fraudster who falsely represents themselves as controlling a company could technically satisfy s.4AA(3)(f) and thereby be subject to obligations designed for persons who actually control companies. This is potentially useful for regulatory purposes but creates a logically circular outcome where the definition of influence is itself influenced by the act of claiming influence.","confidence":0.7,"description":"Circular or self-fulfilling definition of 'influential person': s.4AA(3)(f) provides that a person may be an influential person if they 'engage in conduct or make representations that would cause someone else to reasonably believe the person controls, or substantially influences, the company's business.' This means a person can become an influential person merely by convincingly pretending to be one, regardless of whether they actually have any control. The definition is based on perceived influence rather than actual influence, potentially capturing persons with no genuine connection to the company."},{"type":"self_contradicting","section":"sec.3(a)(ii) and sec.3(d)","severity":"low","reasoning":"The tension arises because 'consumers' and 'building owners' are not coextensive concepts. A commercial building owner is not a 'consumer' in the ordinary regulatory sense. This means s.3(a)(ii) may apply more broadly while s.3(d) applies specifically to domestic contracts. Where a domestic building owner is also a consumer, both objects apply with potentially different weightings, and courts have no guidance on which prevails.","confidence":0.55,"description":"Redundant and potentially contradictory objects: s.3(a)(ii) states an object is 'to achieve a reasonable balance between the interests of building contractors and consumers' as part of regulating the building industry generally. s.3(d) states a separate object is 'to regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners.' These two objects address the same balancing exercise but use different terminology ('consumers' vs 'building owners'), potentially creating different legal standards depending on which object is applied to a given dispute, with no hierarchy or reconciliation mechanism provided."},{"type":"circular_definition","section":"sec.25(2)(c) and sec.26(2)(c)","severity":"low","reasoning":"While cross-fund transfers between two established funds are operationally normal, defining each fund's composition to include transfers from the other creates a circular definitional loop. The funds are effectively partially constituted by each other, which is logically recursive. In practice this is administrative rather than catastrophic, but it is a genuine structural circularity in the statutory definitions.","confidence":0.6,"description":"Circular fund transfer provisions: s.25(2)(c) states the General Statutory Fund consists of 'all amounts transferred from the Insurance Fund under section 26,' while s.26(2)(c) states the Insurance Fund consists of 'all amounts transferred from the General Statutory Fund under section 25.' Each fund is partially defined by reference to transfers from the other, creating a circular definitional relationship between the two funds."},{"type":"self_contradicting","section":"sec.20K(1) and sec.20K(2)","severity":"medium","reasoning":"The provision attempts to create a distinction between policy-setting (board) and operational decisions (commissioner), but the phrase 'giving effect to the board's policies' in s.20K(2) means the commissioner must be simultaneously bound by board policy and independent in applying it. Where the board's policy is specific enough to effectively determine the outcome of an individual decision, the independence requirement becomes hollow. Where the policy is broad enough to leave genuine discretion, the independence is real but the accountability to board policy is diminished.","confidence":0.72,"description":"Internal contradiction in commissioner's duties: s.20K(1) requires the commissioner to 'give effect to any policy or direction of the board relevant to the responsibility.' s.20K(2) then says the commissioner 'must act independently of the board' for enumerated decision types 'giving effect to the board's policies.' The commissioner is simultaneously required to give effect to board policies AND act independently of the board when giving effect to those same policies. The independence required is from the board's direction on the specific decision, yet those decisions are still meant to 'give effect' to board policy—creating an unresolved tension between deference and independence."}],"contradictions":[{"severity":"low","section_a":"sec.4B","section_b":"sec.4C","confidence":0.55,"description":"sec.4B declares the Act 'binds all persons, including the State.' sec.4C then carves out certain building contractors from Parts 5 and 6. While carve-outs are common, the absolute language of s.4B ('all persons') is immediately qualified by s.4C without any cross-reference or qualification in s.4B itself, creating a facial contradiction between universal application and partial exemption."},{"severity":"medium","section_a":"sec.8(1)","section_b":"sec.29(5)","confidence":0.7,"description":"sec.8(1) grants the commission power to 'employ staff' as one of its powers as a body with all the powers of an individual. sec.29(5) expressly declares that 'the commission does not have power to employ a person performing work for the commission under a work performance arrangement.' While s.29(5) addresses a specific subset (persons under work performance arrangements), the unqualified grant of power to employ staff in s.8(1) is contradicted by the express removal of that power in s.29(5) for a significant category of workers, without s.8 containing any cross-reference to this limitation."},{"severity":"medium","section_a":"sec.20D(2)","section_b":"sec.20G(3)","confidence":0.78,"description":"sec.20D(2) requires the commissioner to be 'appointed by the board with the Minister's prior written approval,' placing appointment power with the board subject to ministerial approval. sec.20G(3) states 'the board may, at any time, remove a person appointed as commissioner' with no requirement for ministerial approval of removal. This creates an asymmetry where the Minister must approve appointment but has no formal role in removal—a person the Minister approved appointing can be removed without the Minister's knowledge or consent."},{"severity":"medium","section_a":"sec.9(1)-(2)","section_b":"sec.20K(2)","confidence":0.65,"description":"sec.9(1)-(2) gives the Minister power to give the commission written directions, which the commission 'must comply with.' sec.20K(2) requires the commissioner to 'act independently of the board' for enumerated decisions including licence decisions, rectification decisions, and insurance decisions. If a ministerial direction under s.9 touches on any of these enumerated matters (e.g., directing policy on licence cancellations), and the board then issues a policy direction implementing the ministerial direction, the commissioner would be required to give effect to board policy (s.20K(1)) but also act independently of the board (s.20K(2))—with the ministerial direction adding a further layer of obligation with no clear hierarchy established for these specific decision types."},{"severity":"medium","section_a":"sec.22(2)","section_b":"sec.20J(1)(g)","confidence":0.68,"description":"sec.22(2) states the insurance manager 'is otherwise subject to the commissioner's direction' (except when reporting to the board). sec.20J(1)(g) makes 'assessing and approving payment of insurance claims' a responsibility of the commissioner, not the insurance manager. sec.20K(2)(c) requires the commissioner to act independently of the board for decisions 'relating to the statutory insurance scheme.' This creates a structural ambiguity: the commissioner is responsible for insurance claim decisions and must act independently of the board in making them, yet the insurance manager (who is subject to the commissioner's direction) is specifically designated to manage the insurance scheme and report independently to the board on it under s.22(1). The lines of authority and accountability for insurance decisions are internally inconsistent."}]},"summary":{"name":"Queensland Building and Construction Commission Act 1991","slug":"queensland-building-and-construction-commission-act-1991","title_id":"qld:act-1991-098","version_id":104871,"analysis_type":"summary","content_quality":"high","complexity_score":4,"scope_assessment":{"changed":true,"description":"Active and frequently amended. Most recent material amendments came through the 2024 Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act and the 2024 QBCC and Other Legislation Amendment Act, which inserted Schedule 1 part 19 (declaratory and validation provisions about non-compliant arrangements in residential construction work) and Schedule 1 part 20 transitional provisions. The Act underpins Queensland building licensing, residential building consumer protection, and statutory insurance, and feeds QCAT and the Federal Court."},"complexity_factors":["Twenty top-level Parts plus six lettered Parts (Parts 2A, 3A-3E, 9A, 9B)","Two parallel contract regimes (Part 4A non-domestic and Schedule 1B domestic), each with their own definitions, contract-form rules, payment terms, and warranty machinery","Continuous Minimum Financial Requirements regime backed by Deeds of Covenant and Assurance","Five exclusion classes of individuals (Parts 3A-3E)","Schedule 1 with twenty parts of transitional and validating provisions accumulating amendments from 1997 to 2024"],"plain_english_summary":"This Queensland Act runs the building industry through the Queensland Building and Construction Commission (QBCC). Section 3 sets the objects: maintain proper standards, balance the interests of building contractors and consumers, provide remedies for defective building work, regulate domestic building contracts, and regulate building products for safety. Section 5 establishes the QBCC as a body corporate, and section 6 names its components: the Queensland Building and Construction Board, the commissioner with the organisational unit, and the Service Trades Council.\n\nLicensing is the operative spine. Section 42 makes it an offence to carry out, or undertake to carry out, building work without a contractor's licence of the appropriate class, except where exempt under schedule 1A. Penalties scale to 350 penalty units or 1 year's imprisonment for third or later offences and tier 1 defective work, and the section cuts off entitlement to remuneration for unlicensed work. Section 30A creates the nominee supervisor's licence regime that anchors company-held licences. Parts 3A to 3E carry the excluded, permanently excluded, banned, disqualified and convicted-officer regimes.\n\nDomestic building contracts are governed by Schedule 1B with implied warranties (suitability of materials, compliance with law, standard of work, adherence to plans, suitability for occupation, reasonable diligence, accurate calculation of provisional sums), contract-form rules for level 1 and level 2 regulated contracts, deposit and progress payment limits, a cooling-off period and variation rules. Non-domestic contracts under Part 4A include section 67G's writing requirement above $10,000 and section 67U's 25 business day payment ceiling for construction management trade contracts.\n\nPart 5 runs the statutory insurance scheme. Part 6 lets the Commission direct rectification of defective work and remediation of consequential damage. Part 6A is disciplinary proceedings, Part 7 is QCAT jurisdiction, and Part 9B carries injunction and stop-work powers. Schedule 1 is thirty years of transitional provisions, including the 2013 rebadging from Queensland Building Services Authority to QBCC."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-building-and-construction-commission-act-1991","history":"/api/acts/queensland-building-and-construction-commission-act-1991/history","analysis":"/api/acts/queensland-building-and-construction-commission-act-1991/analysis","conflicts":"/api/acts/queensland-building-and-construction-commission-act-1991/conflicts","importantCases":"/api/acts/queensland-building-and-construction-commission-act-1991/important-cases","documents":"/api/acts/queensland-building-and-construction-commission-act-1991/documents"}}