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Building Industry Fairness (Security of Payment) Act 2017
sec.8Definitions for chapter
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### sec.8 Definitions for chapter
In this chapter—
amendment , of a contract, includes a variation of the contract or a change in the contract price.
s 8 def amendment ins 2024 No. 14 s 17 (2)
approved financial institution means a financial institution approved by the commissioner under section 55 .
building means a fixed structure that is wholly or partly enclosed by walls or is roofed.
contract administration , in relation to project trust work wholly or partly designed by a person, includes the following—
preparing tender documentation and calling and selecting tenders;
preparing, or helping the person’s clients with the preparation of, contracts;
preparing additional documentation for the person’s clients or building contractors;
arranging and conducting on-site meetings and inspections;
arranging progress payments;
arranging for certificates, including certificates from a local government, to be issued;
providing advice and help to the person’s clients including during the maintenance period allowed under a contract.
contracted party , for a contract, means the party to the contract who is required to perform work under the contract, whether by—
carrying out the work personally; or
directly or indirectly causing the work to be carried out.
contracted work , for a contract, means the work required to be carried out under the contract.
contracting party , for a contract, means the party to the contract for whom the contracted work is to be carried out.
contract price see section 9 .
hospital and health service means a Hospital and Health Service established under the Hospital and Health Boards Act 2011 , section 17 .
mechanical services work see the Queensland Building and Construction Commission Act 1991 , schedule 2 .
project trust contract means a contract for which a project trust is required under section 12 .
s 8 def project trust contract ins 2024 No. 14 s 17 (2)
project trust subcontract see section 9A .
s 8 def project trust subcontract ins 2024 No. 14 s 17 (2)
project trust work see section 8A .
protected work ...
s 8 def protected work om 2024 No. 14 s 17 (1)
State authority —
means—
an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or by authority of the State for a public or State purpose; or
a corporation that is—
owned or controlled by the State, a local government or an entity mentioned in subparagraph (i) ; and
prescribed by regulation to be a State authority; or
a subsidiary of a corporation mentioned in subparagraph (ii) ; or
a part of an entity mentioned in subparagraphs (i) to (iii) ; or
a hospital and health service; but
does not include an entity prescribed by regulation not to be a State authority.
trust records means records required to be kept and retained under section 52 .
s 8 def trust records amd 2024 No. 14 s 17 (3)
variation , of a contract, means an addition to, or an omission from, the contracted work.
s 8 sub 2020 No. 24 s 63
- (a) preparing tender documentation and calling and selecting tenders;
- (b) preparing, or helping the person’s clients with the preparation of, contracts;
- (c) preparing additional documentation for the person’s clients or building contractors;
- (d) arranging and conducting on-site meetings and inspections;
- (e) arranging progress payments;
- (f) arranging for certificates, including certificates from a local government, to be issued;
- (g) providing advice and help to the person’s clients including during the maintenance period allowed under a contract.
- (a) carrying out the work personally; or
- (b) directly or indirectly causing the work to be carried out.
- (a) means— (i) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or by authority of the State for a public or State purpose; or (ii) a corporation that is— (A) owned or controlled by the State, a local government or an entity mentioned in subparagraph (i) ; and (B) prescribed by regulation to be a State authority; or (iii) a subsidiary of a corporation mentioned in subparagraph (ii) ; or (iv) a part of an entity mentioned in subparagraphs (i) to (iii) ; or (v) a hospital and health service; but
- (i) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or by authority of the State for a public or State purpose; or
- (ii) a corporation that is— (A) owned or controlled by the State, a local government or an entity mentioned in subparagraph (i) ; and (B) prescribed by regulation to be a State authority; or
- (A) owned or controlled by the State, a local government or an entity mentioned in subparagraph (i) ; and
- (B) prescribed by regulation to be a State authority; or
- (iii) a subsidiary of a corporation mentioned in subparagraph (ii) ; or
- (iv) a part of an entity mentioned in subparagraphs (i) to (iii) ; or
- (v) a hospital and health service; but
- (b) does not include an entity prescribed by regulation not to be a State authority.
- (i) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or by authority of the State for a public or State purpose; or
- (ii) a corporation that is— (A) owned or controlled by the State, a local government or an entity mentioned in subparagraph (i) ; and (B) prescribed by regulation to be a State authority; or
- (A) owned or controlled by the State, a local government or an entity mentioned in subparagraph (i) ; and
- (B) prescribed by regulation to be a State authority; or
- (iii) a subsidiary of a corporation mentioned in subparagraph (ii) ; or
- (iv) a part of an entity mentioned in subparagraphs (i) to (iii) ; or
- (v) a hospital and health service; but
- (A) owned or controlled by the State, a local government or an entity mentioned in subparagraph (i) ; and
- (B) prescribed by regulation to be a State authority; or