sec.147Qualified persons

### sec.147 Qualified persons A person is a qualified person for the purpose of certifying a notice of claim under section 122 if the person is— an architect registered under the Architects Act 2002 ; or a registered professional engineer under the Professional Engineers Act 2002 ; or a person licensed under the Queensland Building and Construction Commission Act 1991 to carry out or supervise work of the type to which the claim relates; or a quantity surveyor who is a member of the Australian Institute of Quantity Surveyors; or a person having expert knowledge of the work to which the claim relates and who is accepted in a particular case as a qualified person by the contractor and subcontractor. A person must not give a certificate for a claim that relates to any work if the person— performed any of the work; or has a direct or indirect financial interest in the work. If a person gives a certificate for a claim in contravention of subsection (2) , the claim is of no effect and the relevant subcontractor’s charge does not attach. A person who gives a certificate for a claim does not have a financial interest in the work only because the person is paid a fee for giving the certificate. A person who gives a certificate for a claim does not incur civil liability by reason only of the giving of the certificate unless the person is convicted of fraud in relation to giving the certificate. (sec.147-ssec.1) A person is a qualified person for the purpose of certifying a notice of claim under section 122 if the person is— an architect registered under the Architects Act 2002 ; or a registered professional engineer under the Professional Engineers Act 2002 ; or a person licensed under the Queensland Building and Construction Commission Act 1991 to carry out or supervise work of the type to which the claim relates; or a quantity surveyor who is a member of the Australian Institute of Quantity Surveyors; or a person having expert knowledge of the work to which the claim relates and who is accepted in a particular case as a qualified person by the contractor and subcontractor. (sec.147-ssec.2) A person must not give a certificate for a claim that relates to any work if the person— performed any of the work; or has a direct or indirect financial interest in the work. (sec.147-ssec.3) If a person gives a certificate for a claim in contravention of subsection (2) , the claim is of no effect and the relevant subcontractor’s charge does not attach. (sec.147-ssec.4) A person who gives a certificate for a claim does not have a financial interest in the work only because the person is paid a fee for giving the certificate. (sec.147-ssec.5) A person who gives a certificate for a claim does not incur civil liability by reason only of the giving of the certificate unless the person is convicted of fraud in relation to giving the certificate. - (a) an architect registered under the Architects Act 2002 ; or - (b) a registered professional engineer under the Professional Engineers Act 2002 ; or - (c) a person licensed under the Queensland Building and Construction Commission Act 1991 to carry out or supervise work of the type to which the claim relates; or - (d) a quantity surveyor who is a member of the Australian Institute of Quantity Surveyors; or - (e) a person having expert knowledge of the work to which the claim relates and who is accepted in a particular case as a qualified person by the contractor and subcontractor. - (a) performed any of the work; or - (b) has a direct or indirect financial interest in the work.