Queensland Building and Construction Commission Act 1991
In ForceQLD
Jurisdiction
Queensland
Act Number
98 of 1991
Collection
act
Plain English Summary
8/10 complexity
This Act creates the Queensland Building and Construction Commission and a comprehensive regulatory system for building work, building products and domestic building contracts. Mechanically it sets who must hold which licences, how licences are granted/renewed/conditioned, establishes statutory insurance funds, investigation and rectification powers, registers and disciplinary and review procedures.
It affects contractors, companies, nominees, owner‑builders and consumers — who pay fees, keep records, meet financial/qualification tests and may face fines, licence suspension/cancellation or directions to rectify work. Decision‑makers include the Board, Commissioner, Minister and QCAT (see s5, s11, s9, s86).
This Act is the licensing, contracts and consumer-protection backbone of the Queensland building industry. It establishes the Queensland Building and Construction Commission (commonly the QBCC), gives the Commission its powers, runs the licensing of contractors and supervisors, prohibits unlicensed building work, regulates domestic and non-domestic building contracts, runs the statutory insurance scheme for residential construction, gives the Commission rectification powers over defective work and consequential damage, supports a disciplinary regime, and feeds the Queensland Civil and Administrative Tribunal (QCAT) the disputes between builders, owners and the Commission.
The Act is built around section 3, which states the objects. The Commission must regulate the building industry to ensure the maintenance of proper standards, achieve a reasonable balance between the interests of building contractors and consumers, provide remedies for defective building work, provide support, education and advice for those who undertake building work and consumers, regulate domestic building contracts, and regulate building products to ensure consumer and public safety. Schedule 1B is the operative engine for domestic building contracts, with implied warranties, payment rules, cooling-off, variation, and contract-form requirements. Schedule 1 carries thirty years of transitional provisions across multiple amending Acts, including the 2013 rebadging from the Queensland Building Services Authority to the Queensland Building and Construction Commission.
Main concepts
Current sections
Direct links to the current provisions in Queensland Building and Construction Commission Act 1991.
776
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Queensland Building and Construction Commission Act 1991 .
s 1 amd 2013 No. 38 s 4
sec.2
Section sec.2
s 2 om 1998 No. 13 s 186
sec.3
Objects of Act
sec.3 Objects of Act
The objects of this Act are—
to regulate the building industry—
to ensure the maintenance of proper standards in the industry; and
to achieve a reasonable balance between the interests of building contractors and consumers; and
to provide remedies for defective building work; and
to provide support, education and advice for those who undertake building work and consumers; and
to regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners; and
to regulate building products to ensure—
the safety of consumers and the public generally; and
persons involved in the production, supply or installation of building products are held responsible for the safety of the products and their use; and
to provide for the proper, efficient and effective management of the commission in the performance of its functions.
s 3 amd 2000 No. 10 s 183 sch 1 ; 2014 No. 57 s 4 ; 2017 No. 29 s 4 ; 2017 No. 43 s 251
(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
(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
(b) to provide remedies for defective building work; and
(c) to provide support, education and advice for those who undertake building work and consumers; and
(d) to regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners; and
(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
(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
(f) to provide for the proper, efficient and effective management of the commission in the performance of its functions.
(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
(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
sec.4
Definitions
sec.4 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
s 4 amd 1999 No. 43 s 4 (1)
Note—s 4 contained definitions for this Act. Definitions are now located in sch 2—Dictionary.
sec.4AA
Who is an influential person for a company
sec.4AA Who is an influential person for a company
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.
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 .
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.
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.
s 4AA prev s 4AA ins 2003 No. 1 s 4
om 2007 No. 47 s 4
pres s 4AA ins 2017 No. 43 s 252
(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.
(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 .
(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.
(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.
(a) a professional, only because the advice given by the professional influences the company’s conduct; or
(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
(c) an administrator, controller, provisional liquidator or liquidator within the meaning of the Corporations Act , section 9 .
(a) is the chief executive officer or general manager of the company, or holds an equivalent position in the company; or
(b) is acting in a position mentioned in paragraph (a) ; or
(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
(d) gives instructions to an officer of the company and the officer generally acts on those instructions; or
(e) makes, or participates in making, decisions that affect the whole or a substantial part of the company’s business or financial standing; or
(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.
(a) means a person who provides professional advice to more than 1 client; but
(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
(a) a person employed by a State, a local government or the Commonwealth; or
(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
(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.
sec.4A
Value of building work carried out in stages
sec.4A Value of building work carried out in stages
If 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.
s 4A amd 1994 No. 20 s 3 sch
(prev s 4(2)) renum 1994 No. 20 s 3 sch
sec.4B
Act binds all persons
sec.4B Act binds all persons
This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
s 4B ins 1999 No. 43 s 5
sec.4C
Certain building contractors not bound
sec.4C Certain building contractors not bound
Parts 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—
carrying out completed building inspections; or
contract administration carried out in relation to building work designed by the building contractor.
s 4C ins 1999 No. 43 s 5
sub 2003 No. 1 s 5
(a) carrying out completed building inspections; or
(b) contract administration carried out in relation to building work designed by the building contractor.
pt.2
Queensland Building and Construction Commission
Queensland Building and Construction Commission
pt.2-div.1
Establishment, functions and powers
Establishment, functions and powers
sec.5
Establishment and status
sec.5 Establishment and status
The Queensland Building and Construction Commission is established.
The commission—
is a body corporate; and
has a common seal; and
may sue and be sued in its corporate name.
s 5 sub 2013 No. 38 s 5
(sec.5-ssec.1) The Queensland Building and Construction Commission is established.
(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.
(a) is a body corporate; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
sec.6
Constitution
sec.6 Constitution
The commission consists of—
the Queensland Building and Construction Board; and
the commissioner and the organisational unit under the control of the commissioner; and
the Service Trades Council.
The Service Trades Council is continued in existence under the Plumbing and Drainage Act 2018 , section 105 .
s 6 amd 1994 No. 20 s 5
sub 2013 No. 38 s 5
amd 2016 No. 11 s 14 ; 2018 No. 17 s 197 sch 2
(a) the Queensland Building and Construction Board; and
(b) the commissioner and the organisational unit under the control of the commissioner; and
(c) the Service Trades Council. Note— The Service Trades Council is continued in existence under the Plumbing and Drainage Act 2018 , section 105 .
sec.7
Functions
sec.7 Functions
The commission has the following functions—
to administer this Act and further its objects;
any function given to it under another Act.
s 7 sub 2013 No. 38 s 5
(a) to administer this Act and further its objects;
(b) any function given to it under another Act.
sec.8
Powers
sec.8 Powers
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.
Without limiting subsection (1) , the commission has the powers given to it under an Act.
s 8 sub 2013 No. 38 s 5
(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.
(sec.8-ssec.2) Without limiting subsection (1) , the commission has the powers given to it under an Act.
(a) enter into contracts or agreements; and
(b) acquire, hold, deal with and dispose of, property; and
(c) employ staff; and
(d) appoint agents and attorneys; and
(e) engage consultants; and
(f) charge a fee for services and other facilities it supplies; and
(g) do anything else necessary or convenient to be done for its functions.
sec.9
Ministerial direction
sec.9 Ministerial direction
The Minister may give the commission a written direction in relation to the commission and its functions.
The commission must comply with the direction.
The Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 7 sitting days after it is given.
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.
s 9 amd 1993 No. 76 s 3 sch 1
sub 1994 No. 20 s 6
amd 1999 No. 43 s 6
sub 2013 No. 38 s 5
(sec.9-ssec.1) The Minister may give the commission a written direction in relation to the commission and its functions.
(sec.9-ssec.2) The commission must comply with the direction.
(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.
(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.
sec.9A
Section sec.9A
s 9A ins 1994 No. 20 s 6
sub 2003 No. 1 s 6
om 2013 No. 38 s 5
pt.2-div.2
Queensland Building and Construction Board
Queensland Building and Construction Board
sec.10
Establishment
sec.10 Establishment
The Queensland Building and Construction Board is established as the commission’s governing body.
s 10 amd 1994 No. 20 s 7
sub 1999 No. 43 s 7 ; 2013 No. 38 s 5
sec.10A
Section sec.10A
s 10A ins 1999 No. 43 s 7
amd 2007 No. 20 s 50
om 2013 No. 38 s 5
sec.11
Functions
sec.11 Functions
The board has the following functions—
deciding the strategies and the operational, administrative and financial policies to be followed by the commission;
ensuring the commission performs its functions and exercises its powers in a proper, effective and efficient way;
providing guidance and leadership to the commissioner;
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 ;
advising the Minister on issues affecting—
the building industry; and
consumers; and
the administration of this Act; and
the administration of the commission;
advising the Minister about unfair or unconscionable trading practices affecting security of payments to contractors and subcontractors;
consulting the building industry and its consumers and advancing their interests, consistently with the objects of this Act.
s 11 amd 1994 No. 20 s 3 sch
sub 2013 No. 38 s 5
amd 2016 No. 11 s 15 ; 2017 No. 43 s 253 ; 2018 No. 17 s 197 sch 2
(a) deciding the strategies and the operational, administrative and financial policies to be followed by the commission;
(b) ensuring the commission performs its functions and exercises its powers in a proper, effective and efficient way;
(c) providing guidance and leadership to the commissioner;
(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 ;
(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;
(i) the building industry; and
(ii) consumers; and
(iii) the administration of this Act; and
(iv) the administration of the commission;
(f) advising the Minister about unfair or unconscionable trading practices affecting security of payments to contractors and subcontractors;
(g) consulting the building industry and its consumers and advancing their interests, consistently with the objects of this Act.
(i) the building industry; and
(ii) consumers; and
(iii) the administration of this Act; and
(iv) the administration of the commission;
sec.12
Appointment
sec.12 Appointment
The board consists of not more than 7 members appointed by the Governor in Council.
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) .
The members are appointed under this Act and not the Public Sector Act 2022 .
s 12 amd 1994 No. 20 s 8 ; 1999 No. 43 s 8
sub 2013 No. 38 s 5
amd 2017 No. 42 s 254 ; 2022 No. 34 s 365 sch 3 ; 2024 No. 14 s 65
(sec.12-ssec.1) The board consists of not more than 7 members appointed by the Governor in Council.
(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) .
(sec.12-ssec.3) The members are appointed under this Act and not the Public Sector Act 2022 .
(a) have regard to the person’s ability to make a contribution to the effective and efficient performance of the commission’s functions; and
(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
(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
(c) as far as possible, ensure the board has equal representation of the areas mentioned in paragraph (b) .
(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
sec.13
Disqualification as member
sec.13 Disqualification as member
A person is disqualified from becoming, or continuing as, a member if the person—
has a recorded conviction, other than a spent conviction, for an indictable offence; or
is an insolvent under administration; or
is not able to manage a corporation because of the Corporations Act , part 2D .6; or
is a relevant officer or contractor of the commission.
s 13 sub 2013 No. 38 s 5
(a) has a recorded conviction, other than a spent conviction, for an indictable offence; or
(b) is an insolvent under administration; or
(c) is not able to manage a corporation because of the Corporations Act , part 2D .6; or
(d) is a relevant officer or contractor of the commission.
sec.14
Conditions of appointment
sec.14 Conditions of appointment
A member is to be paid the remuneration and allowances decided by the Governor in Council.
For matters not provided for by this Act, a member holds office on the terms and conditions decided by the Governor in Council.
s 14 sub 2013 No. 38 s 5
(sec.14-ssec.1) A member is to be paid the remuneration and allowances decided by the Governor in Council.
(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.
sec.15
Term of appointment
sec.15 Term of appointment
A member is appointed for the term, of no more than 3 years, stated in the member’s instrument of appointment.
However, a person’s appointment as a member ends if, during the term of the appointment, the person becomes disqualified under section 13 .
s 15 sub 1999 No. 43 s 9 ; 2013 No. 38 s 5
(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.
(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 .
sec.16
Chairperson
sec.16 Chairperson
The Governor in Council must appoint a member as the chairperson of the board.
A person may be appointed as the chairperson when the person is appointed as a member.
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.
However, a person’s appointment as chairperson ends if, during the term of the appointment, the person stops being a member.
s 16 amd 1994 No. 20 s 3 sch
sub 2013 No. 38 s 5
(sec.16-ssec.1) The Governor in Council must appoint a member as the chairperson of the board.
(sec.16-ssec.2) A person may be appointed as the chairperson when the person is appointed as a member.
(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.
(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.
sec.17
Deputy chairperson
sec.17 Deputy chairperson
The Governor in Council must appoint a member, other than the chairperson, as deputy chairperson of the board.
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.
However, a person’s appointment as deputy chairperson ends if, during the term of the appointment, the person stops being a member.
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.
A person may be appointed as the deputy chairperson when the person is appointed as a member.
s 17 amd 1994 No. 20 s 3 sch
sub 2013 No. 38 s 5
amd 2016 No. 11 s 36 sch
(sec.17-ssec.1) The Governor in Council must appoint a member, other than the chairperson, as deputy chairperson of the board.
(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.
(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.
(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.
(sec.17-ssec.5) A person may be appointed as the deputy chairperson when the person is appointed as a member.
(a) during a vacancy in the office of chairperson; and
(b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.
sec.18
Resignation
sec.18 Resignation
A member may resign by signed notice given to the Minister.
Also, a member may resign the office of chairperson or deputy chairperson by signed notice given to the Minister.
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.
A person resigning from the office of chairperson or deputy chairperson may continue to be a member.
s 18 amd 1994 No. 20 ss 9 , 3 sch ; 1998 No. 13 s 188 ; 1999 No. 43 s 10 ; 2003 No. 36 s 38
sub 2013 No. 38 s 5
(sec.18-ssec.1) A member may resign by signed notice given to the Minister.
(sec.18-ssec.2) Also, a member may resign the office of chairperson or deputy chairperson by signed notice given to the Minister.
(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.
(sec.18-ssec.4) A person resigning from the office of chairperson or deputy chairperson may continue to be a member.
(a) on the day the notice is given; or
(b) if a later day is stated in the notice—on the later day.
sec.19
Section sec.19
s 19 sub 1994 No. 20 s 10 ; 2013 No. 38 s 5
amd 2014 No. 57 s 5
om 2017 No. 43 s 255
sec.20
Conduct of business
sec.20 Conduct of business
Subject 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.
s 20 amd 1994 No. 20 s 3 sch ; 2007 No. 20 s 51
sub 2013 No. 38 s 5
sec.20A
Meetings
sec.20A Meetings
The chairperson must convene a meeting when requested by at least 3 members.
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.
The board must keep minutes of its meetings.
s 20A ins 2013 No. 38 s 5
amd 2017 No. 43 s 256
(sec.20A-ssec.1) The chairperson must convene a meeting when requested by at least 3 members.
(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.
(sec.20A-ssec.3) The board must keep minutes of its meetings.
(a) the number of members that is half the number appointed at the time of the meeting constitutes a quorum; and
(b) a question is to be decided by a majority of votes of the members present and voting; and
(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.
sec.20B
Committees
sec.20B Committees
The Building Products Advisory Committee is established.
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.
The board, or the Minister, may appoint other committees to advise the Minister, commissioner or board on particular subjects.
s 20B ins 2013 No. 38 s 5
sub 2017 No. 29 s 5
(sec.20B-ssec.1) The Building Products Advisory Committee is established.
(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.
(sec.20B-ssec.3) The board, or the Minister, may appoint other committees to advise the Minister, commissioner or board on particular subjects.
(a) consists of the members prescribed by regulation; and
(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
(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
(c) has any other functions prescribed by regulation; and
(d) has all the powers necessary for performing its functions, including obtaining expert advice from industry bodies and other persons.
(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
sec.20C
Disclosure of interests
sec.20C Disclosure of interests
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.
After the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.
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.
The member must not be present when the board is considering whether to give the direction.
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.
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.
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.
If there are no members who may remain present for considering or deciding the issue, the Minister may consider and decide the issue.
The disclosure must be recorded in the board’s minutes.
s 20C ins 2013 No. 38 s 5
(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.
(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.
(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.
(sec.20C-ssec.4) The member must not be present when the board is considering whether to give the direction.
(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.
(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.
(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.
(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.
(sec.20C-ssec.9) The disclosure must be recorded in the board’s minutes.
(a) the member has an interest in an issue being considered, or about to be considered, by the board; and
(b) the interest conflicts or may conflict with the proper performance of the member’s duties about the consideration of the issue.
(a) be present when the board considers the issue; or
(b) take part in a decision of the board about the issue.
(a) be present when the board is considering whether to give the direction; or
(b) take part in making the decision about giving the direction.
(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
(b) there would be a quorum if the member were present.
pt.2-div.3
Commissioner
Commissioner
sec.20D
Appointment
sec.20D Appointment
The commission must have a commissioner.
The commissioner must be appointed by the board with the Minister’s prior written approval.
The commissioner is employed under this Act and not under the Public Sector Act 2022 .
s 20D ins 2013 No. 38 s 5
amd 2022 No. 34 s 365 sch 3
(sec.20D-ssec.1) The commission must have a commissioner.
(sec.20D-ssec.2) The commissioner must be appointed by the board with the Minister’s prior written approval.
(sec.20D-ssec.3) The commissioner is employed under this Act and not under the Public Sector Act 2022 .
sec.20E
Disqualification as commissioner
sec.20E Disqualification as commissioner
A person is disqualified from becoming, or continuing as, the commissioner if the person—
has a recorded conviction, other than a spent conviction, for an indictable offence; or
is an insolvent under administration; or
is not able to manage a corporation because of the Corporations Act , part 2D .6; or
is a member or a contractor of the commission.
s 20E ins 2013 No. 38 s 5
(a) has a recorded conviction, other than a spent conviction, for an indictable offence; or
(b) is an insolvent under administration; or
(c) is not able to manage a corporation because of the Corporations Act , part 2D .6; or
(d) is a member or a contractor of the commission.
sec.20F
Conditions of appointment
sec.20F Conditions of appointment
For 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.
s 20F ins 2013 No. 38 s 5
sec.20G
Term of appointment
sec.20G Term of appointment
The commissioner holds office for the term, not more than 3 years, stated in his or her contract of employment.
However, a person’s appointment as commissioner ends if, during the term of the appointment, the person becomes disqualified under section 20E .
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.
s 20G ins 2013 No. 38 s 5
(sec.20G-ssec.1) The commissioner holds office for the term, not more than 3 years, stated in his or her contract of employment.
(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 .
(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.
sec.20H
Resignation
sec.20H Resignation
The commissioner may resign by signed notice given to the chairperson of the board.
s 20H ins 2013 No. 38 s 5
sec.20I
Appointment of acting commissioner
sec.20I Appointment of acting commissioner
The 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.
s 20I ins 2013 No. 38 s 5
sec.20J
Role of the commissioner
sec.20J Role of the commissioner
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.
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.
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.
In carrying out an additional function, the commissioner may adopt the procedures of this Act unless the Act authorising the function prescribes another procedure.
s 20J ins 2013 No. 38 s 5
amd 2017 No. 29 s 6
(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.
(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.
(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.
(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.
(a) the overall management of the organisational unit under the control of the commissioner;
(b) administration of the licensing system established by this Act;
(c) administration of a system of inspection;
(d) issuing directions for rectification of building work under this Act;
(e) monitoring, investigating and enforcing compliance with part 6AA , including giving directions for remedial action for contraventions of part 6AA , division 2 , subdivision 2 ;
(f) taking disciplinary and other proceedings under this Act;
(g) assessing and approving payment of insurance claims;
(h) undertaking strategic planning;
(i) issuing warnings to the public or any section of the public;
(j) providing and promoting consumer education;
(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;
(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;
(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;
(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;
(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;
(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) performing a function given to the commissioner under an Act.
(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;
(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;
(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;
sec.20K
Relationship between commissioner and board
sec.20K Relationship between commissioner and board
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.
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 .
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.
In this section—
additional function see section 20J (3) .
s 20K ins 2013 No. 38 s 5
amd 2017 No. 29 s 7
(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.
(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 .
(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.
(sec.20K-ssec.4) In this section— additional function see section 20J (3) .
(a) a decision about the action to be taken about a licensee’s licence;
(b) a decision about rectification or completion of building work;
(c) a decision relating to the statutory insurance scheme;
(d) a decision to give information to a health and safety regulator under section 28A ;
(e) a decision to give a direction under section 74AN ;
(f) a decision about a building product undertaking under part 6AA , division 3 ;
(g) a decision to issue a stop work notice under section 108AI .
(a) report regularly to the board on the administration of this Act; and
(b) at the request of the board, provide the board with a special report on a particular subject.
sec.20L
Commissioner not to engage in other paid employment
sec.20L Commissioner not to engage in other paid employment
The commissioner must not, without the board’s prior written approval—
engage in paid employment outside the duties of the office of commissioner; or
actively take part in the activities of a business, or in the management of a corporation carrying on business.
s 20L ins 2013 No. 38 s 5
(a) engage in paid employment outside the duties of the office of commissioner; or
(b) actively take part in the activities of a business, or in the management of a corporation carrying on business.
sec.20M
Conflicts of interest
sec.20M Conflicts of interest
If the commissioner has an interest that conflicts or may conflict with the discharge of the commissioner’s responsibilities, the commissioner—
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
must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.
s 20M ins 2013 No. 38 s 5
(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
(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.
pt.2-div.4
pt.2-div.5
The insurance manager
The insurance manager
sec.21
Appointment of insurance manager
sec.21 Appointment of insurance manager
There is to be an insurance manager of the commission.
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.
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.
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.
s 21 prev s 21 om 1994 No. 20 s 11
pres s 21 ins 1999 No. 43 s 11
amd 2007 No. 20 s 52 ; 2013 No. 38 s 14 sch 1
(sec.21-ssec.1) There is to be an insurance manager of the commission.
(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.
(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.
(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.
(a) appoint an individual to be the insurance manager; or
(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.
(a) when there is a vacancy in the position of insurance manager of the commission; or
(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.
sec.22
Role of insurance manager
sec.22 Role of insurance manager
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.
The insurance manager is independent of the commissioner’s direction in reporting under subsection (1) , but is otherwise subject to the commissioner’s direction.
s 22 prev s 22 om 1994 No. 20 s 11
pres s 22 ins 1999 No. 43 s 11
amd 2022 No. 11 s 68 sch 1
(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.
(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.
sec.23
Section sec.23
s 23 om 1994 No. 20 s 11
sec.24
Section sec.24
s 24 om 1994 No. 20 s 11
pt.2-div.6
Financial provisions
Financial provisions
sec.25
General Statutory Fund
sec.25 General Statutory Fund
A fund called the General Statutory Fund is established.
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 .
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) .
A regulation may state a single amount that is to be transferred from the fund to the Insurance Fund.
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) .
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.
s 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
(sec.25-ssec.1) A fund called the General Statutory Fund is established.
(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 .
(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) .
(sec.25-ssec.4) A regulation may state a single amount that is to be transferred from the fund to the Insurance Fund.
(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) .
(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.
(a) the balance of the Builders’ Registration Board General Fund as at the commencement of this section; and
(b) any money received or recovered by the commission except in connection with the insurance scheme; and
(c) all amounts transferred from the Insurance Fund under section 26 .
(a) costs of administering this Act, apart from the costs of administering the statutory insurance scheme;
(b) amounts mentioned in subsection (4A) .
sec.26
Insurance Fund
sec.26 Insurance Fund
A fund called the Insurance Fund is established.
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 .
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.
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.
s 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
(sec.26-ssec.1) A fund called the Insurance Fund is established.
(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 .
(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.
(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.
(a) the balance of the Builders’ Registration Board Insurance Fund as at the commencement of this section; and
(b) all money received or recovered by the commission in connection with the statutory insurance scheme; and
(c) all amounts transferred from the General Statutory Fund under section 25 .
(a) the costs of administering the statutory insurance scheme;
(b) the costs of paying out claims under the statutory insurance scheme.
(a) in the way prescribed under a regulation; or
(b) in accordance with an external standard of fund administration prescribed under a regulation.
sec.26A
Management of statutory insurance scheme
sec.26A Management of statutory insurance scheme
The 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) .
s 26A ins 2003 No. 36 s 40
amd 2013 No. 38 s 14 sch 1
sec.27
Application of financial Acts
sec.27 Application of financial Acts
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 ).
The SBFA , part 2B , sets out the way in which the commission’s powers under this Act are affected by the SBFA .
s 27 prev s 27 om 1992 No. 36 s 2 sch 1
pres s 27 ins 1996 No. 54 s 9 sch
sub 2013 No. 38 s 6
(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 ).
(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 .
(a) a statutory body under the Financial Accountability Act 2009 ; and
(b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ).
sec.28
Commission’s obligation to report suspected offence
sec.28 Commission’s obligation to report suspected offence
If 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.
s 28 amd 2013 No. 38 s 14 sch 1
pt.2-div.7
Other provisions
Other provisions
sec.28AA
Public register of interests
sec.28AA Public register of interests
The commission must publish a register of members’ interests on the commission’s website.
The register must include, for each member, details of each disclosure recorded in the board’s minutes under section 20C .
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.
The register may contain other information about a member or former member with the consent of the member or former member.
s 28AA ins 2024 No. 14 s 66
(sec.28AA-ssec.1) The commission must publish a register of members’ interests on the commission’s website.
(sec.28AA-ssec.2) The register must include, for each member, details of each disclosure recorded in the board’s minutes under section 20C .
(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.
(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.
sec.28A
Commission must give particular information to health and safety regulator
sec.28A Commission must give particular information to health and safety regulator
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.
The commission must give the information to the health and safety regulator.
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.
s 28A ins 2017 No. 29 s 8
(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.
(sec.28A-ssec.2) The commission must give the information to the health and safety regulator.
(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.
(a) the regulator under the Work Health and Safety Act 2011 ; or
(b) the regulator under the Electrical Safety Act 2002 ; or
(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
(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.
(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.
(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.
sec.28B
Exchange of information between commission and relevant agencies
sec.28B Exchange of information between commission and relevant agencies
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.
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.
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.
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.
s 28B ins 2017 No. 29 s 8
amd 2022 No. 11 s 60
(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.
(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.
(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.
(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.
(a) held by the commission or the relevant agency; or
(b) to which the commission or the relevant agency has access.
(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
(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
(b) the disclosure of which is reasonably necessary for protecting the health or safety of a person or property.
(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
(a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and
(b) disclose information to the other party.
(a) the chief executive of a department; or
(b) a health and safety regulator within the meaning of section 28A ; or
(c) a local government; or
(d) an agency of the Commonwealth, or another State, prescribed by regulation; or
(e) an entity established under an Act.
sec.28C
Notice of particular events to interstate or New Zealand licensing authorities
sec.28C Notice of particular events to interstate or New Zealand licensing authorities
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.
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.
The commission must give a copy of the notice to the licensee.
s 28C ins 2020 No. 24 s 109
(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.
(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.
(sec.28C-ssec.3) The commission must give a copy of the notice to the licensee.
(a) the commission is aware a licensee holds an interstate or New Zealand licence; and
(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.
(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.
(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.
sec.29
Commission may enter into work performance arrangements
sec.29 Commission may enter into work performance arrangements
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.
A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.
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.
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.
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) .
s 29 prev s 29 sub 1992 No. 36 s 2 sch 1
om 1994 No. 20 s 12
pres s 29 ins 2007 No. 20 s 53
amd 2013 No. 38 s 14 sch 1
(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.
(sec.29-ssec.2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.
(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.
(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.
(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) .
(a) the employing office; or
(b) the appropriate authority of another government entity.
(a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and
(b) the authorising of a person to exercise powers for the arrangement; and
(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.
(a) is not employed by the commission; and
(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.
pt.2A
Queensland Building and Construction Employing Office
Queensland Building and Construction Employing Office
pt.2A-div.1
Establishment and functions of employing office
Establishment and functions of employing office
sec.29A
Establishment of employing office
sec.29A Establishment of employing office
The Queensland Building and Construction Employing Office is established.
The employing office consists of—
the executive officer; and
the employees of the employing office.
The employing office is a separate entity from the commission.
s 29A ins 2007 No. 20 s 54
amd 2013 No. 38 s 14 sch 1
(sec.29A-ssec.1) The Queensland Building and Construction Employing Office is established.
(sec.29A-ssec.2) The employing office consists of— the executive officer; and the employees of the employing office.
(sec.29A-ssec.3) The employing office is a separate entity from the commission.
(a) the executive officer; and
(b) the employees of the employing office.
sec.29B
Employing office represents the State
sec.29B Employing office represents the State
The employing office represents the State.
Without limiting subsection (1) , the employing office has the status, privileges and immunities of the State.
s 29B ins 2007 No. 20 s 54
(sec.29B-ssec.1) The employing office represents the State.
(sec.29B-ssec.2) Without limiting subsection (1) , the employing office has the status, privileges and immunities of the State.
sec.29C
Functions of employing office
sec.29C Functions of employing office
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) .
Also, the employing office has any other function conferred on the employing office under this or another Act.
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.
s 29C ins 2007 No. 20 s 54
amd 2013 No. 38 s 14 sch 1
(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) .
(sec.29C-ssec.2) Also, the employing office has any other function conferred on the employing office under this or another Act.
(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.
(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
(b) employing, for the State, staff to perform work for the commission under the work performance arrangement; and
(c) doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .
pt.2A-div.2
Executive officer
Executive officer
sec.29D
Appointment of executive officer
sec.29D Appointment of executive officer
There is to be an executive officer of the employing office.
The executive officer is to be appointed by the Governor in Council.
The executive officer is appointed under this Act and not under the Public Sector Act 2022 .
s 29D ins 2007 No. 20 s 54
amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.29D-ssec.1) There is to be an executive officer of the employing office.
(sec.29D-ssec.2) The executive officer is to be appointed by the Governor in Council.
(sec.29D-ssec.3) The executive officer is appointed under this Act and not under the Public Sector Act 2022 .
sec.29E
Executive officer acting for employing office
sec.29E Executive officer acting for employing office
The employing office acts through the executive officer.
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.
s 29E ins 2007 No. 20 s 54
(sec.29E-ssec.1) The employing office acts through the executive officer.
(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.
pt.2A-div.3
Staff of employing office
Staff of employing office
sec.29F
Employing office may employ staff
sec.29F Employing office may employ staff
The employing office may, for the State, employ staff.
A person employed under subsection (1) is an employee of the employing office .
The employing office may decide the terms of employment of the employees of the employing office.
Subsection (3) applies subject to any relevant industrial instrument.
Employees of the employing office are employed under this Act and not under the Public Sector Act 2022 .
s 29F ins 2007 No. 20 s 54
amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.29F-ssec.1) The employing office may, for the State, employ staff.
(sec.29F-ssec.2) A person employed under subsection (1) is an employee of the employing office .
(sec.29F-ssec.3) The employing office may decide the terms of employment of the employees of the employing office.
(sec.29F-ssec.4) Subsection (3) applies subject to any relevant industrial instrument.
(sec.29F-ssec.5) Employees of the employing office are employed under this Act and not under the Public Sector Act 2022 .
sec.29G
Employing office may enter into work performance arrangements
sec.29G Employing office may enter into work performance arrangements
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.
A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.
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.
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.
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) .
s 29G ins 2007 No. 20 s 54
amd 2013 No. 38 s 14 sch 1
(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.
(sec.29G-ssec.2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.
(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.
(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.
(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) .
(a) the commission; or
(b) the appropriate authority of another government entity.
(a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and
(b) the authorising of a person to exercise powers for the arrangement; and
(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.
(a) is not employed by the commission or other government entity; and
(b) remains an employee of the employing office.
pt.2A-div.4
Other provisions
Other provisions
sec.29H
Employing office is statutory body
sec.29H Employing office is statutory body
The employing office is a statutory body under—
the Financial Accountability Act 2009 ; and
the Statutory Bodies Financial Arrangements Act 1982 .
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.
s 29H ins 2007 No. 20 s 54
amd 2009 No. 9 s 136 sch 1
(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 .
(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.
(a) the Financial Accountability Act 2009 ; and
(b) the Statutory Bodies Financial Arrangements Act 1982 .
(a) the executive officer is taken to be the chairperson of the employing office; and
(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
(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.
pt.3
Licensing
Licensing
pt.3-div.1
Classes of licences
Classes of licences
sec.30
Classes of contractors’ licences
sec.30 Classes of contractors’ licences
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.
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.
A contractor’s licence may be issued for any class of licence.
s 30 amd 2003 No. 1 s 9 ; 2007 No. 47 s 5 ; 2020 No. 24 s 110
(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.
(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.
(sec.30-ssec.3) A contractor’s licence may be issued for any class of licence.
(a) to carry out all classes of building work; or
(b) to carry out building work of 1 or more classes specified in the licence.
(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
(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.
sec.30A
Nominee supervisor’s licence
sec.30A Nominee supervisor’s licence
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.
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.
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.
A nominee supervisor’s licence may be issued for any class of licence.
s 30A ins 2007 No. 47 s 6
(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.
(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.
(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.
(sec.30A-ssec.4) A nominee supervisor’s licence may be issued for any class of licence.
(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
(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
(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.
(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
(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
(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.
sec.30B
Site supervisor’s licence
sec.30B Site supervisor’s licence
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.
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.
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.
A site supervisor’s licence may be issued for any class of licence.
s 30B ins 2007 No. 47 s 6
(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.
(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.
(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.
(sec.30B-ssec.4) A site supervisor’s licence may be issued for any class of licence.
(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
(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.
sec.30C
Fire protection occupational licence
sec.30C Fire protection occupational licence
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.
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.
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.
A fire protection occupational licence may be issued for any class of licence.
s 30C ins 2007 No. 47 s 6
(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.
(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.
(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.
(sec.30C-ssec.4) A fire protection occupational licence may be issued for any class of licence.
(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
(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.
sec.30CA
Meaning of fire protection work
sec.30CA Meaning of fire protection work
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.
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.
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.
s 30CA ins 2020 No. 24 s 110A (amd 2020 No. 35 s 1B )
(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.
(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.
(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.
(a) the installation, restoration, repair or maintenance of fire protection equipment;
(b) the preparation of a certificate, statement or record relating to the installation, restoration, repair or maintenance of fire protection equipment;
(c) the preparation of a certificate, statement or record stating whether fire protection equipment meets a standard, requirement or specification;
(d) the design of fire protection equipment;
(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.
(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;
(b) work of a type prescribed by regulation not to be fire protection work.
(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;
(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;
(c) certification work performed by a building certifier under the Building Act 1975 in the certifier’s professional practice;
(d) work performed by a registered professional engineer under the Professional Engineers Act 2002 in performing a professional engineering service under that Act;
(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;
(f) work performed by a local government or the State.
sec.30D
Mechanical services occupational licence
sec.30D Mechanical services occupational licence
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.
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.
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.
A mechanical services occupational licence may be issued for any class of licence.
s 30D ins 2018 No. 17 s 183
(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.
(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.
(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.
(sec.30D-ssec.4) A mechanical services occupational licence may be issued for any class of licence.
(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
(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.
sec.30E
Regulation may prescribe continuation and renewal of particular class of licence
sec.30E Regulation may prescribe continuation and renewal of particular class of licence
A 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.
s 30E ins 2020 No. 24 s 111
pt.3-div.2
Entitlement to licence
Entitlement to licence
sec.31
Entitlement to contractor’s licence
sec.31 Entitlement to contractor’s licence
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 .
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 .
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.
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.
s 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
(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 .
(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 .
(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.
(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.
(a) the applicant is a fit and proper person to hold the licence; and
(b) the applicant has the qualifications and experience required by regulation in relation to a licence of the relevant class; and
(c) the applicant satisfies the minimum financial requirements for the licence; and
(d) the applicant can lawfully work in Queensland; and
(e) the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and
(f) the applicant is not a disqualified individual; and
(g) the applicant is not a banned individual; and
(h) the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 .
(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
(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
(c) the applicant satisfies the minimum financial requirements for the licence; and
(d) the company is not an excluded company; and
(e) the company is not a company for which a banned or disqualified individual is a director, secretary, influential person or nominee; and
(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 .
(a) commercial and other dealings in which that person has been involved and the standard of honesty and integrity demonstrated in those dealings; and
(b) any failure by that person to carry out commercial or statutory obligations and the reasons for the failure; and
(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
(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
(e) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and
(f) any other relevant factor.
(a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or
(b) 28 days have not elapsed since the date of the enforcement order.
sec.31A
No entitlement to contractor’s licence if particular partners
sec.31A No entitlement to contractor’s licence if particular partners
A 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—
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.
s 31A ins 2003 No. 1 s 11
(a) an excluded individual; or
(b) a permanently excluded individual; or
(c) a convicted company officer; or
(d) a banned individual; or
(e) a disqualified individual; or
(f) an excluded company; or
(g) a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or
(h) a company for which a convicted company officer is a director, secretary, influential person or nominee; or
(i) a company for which a banned individual is a director, secretary, influential person or nominee; or
(j) a company for which a disqualified individual is a director, secretary, influential person or nominee.
sec.32
Entitlement to a nominee supervisor’s licence
sec.32 Entitlement to a nominee supervisor’s licence
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.
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.
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.
s 32 sub 2007 No. 47 s 8
amd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2020 No. 24 s 113
(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.
(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.
(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.
(a) the applicant has the qualifications and experience required by regulation for a licence of the relevant class; and
(b) the applicant can lawfully work in Queensland; and
(c) the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and
(d) the applicant is not a banned individual; and
(e) the applicant is not a disqualified individual; and
(f) the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71 ; and
(g) the applicant is a fit and proper person to hold the licence.
(a) commercial and other dealings in which the applicant has been involved and the standard of honesty and integrity demonstrated in those dealings; and
(b) any failure by the applicant to carry out commercial or statutory obligations and the reasons for the failure; and
(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
(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
(e) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and
(f) any other relevant factor.
(a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or
(b) 28 days have not elapsed since the date of the enforcement order.
sec.32AA
Entitlement to a site supervisor’s licence
sec.32AA Entitlement to a site supervisor’s licence
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.
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.
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.
s 32AA ins 2007 No. 47 s 8
amd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2020 No. 24 ss 114 , 134
(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.
(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.
(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.
(a) the applicant has the qualifications required by regulation for a licence of the relevant class; and
(b) the applicant can lawfully work in Queensland; and
(c) the applicant is not a banned individual; and
(d) the applicant is not an excluded individual or permanently excluded individual; and
(e) the applicant is a fit and proper person to hold the licence.
(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
(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
(c) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled.
(a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or
(b) 28 days have not elapsed since the date of the enforcement order.
sec.32AB
Entitlement to a fire protection occupational licence or a mechanical services occupational licence
sec.32AB Entitlement to a fire protection occupational licence or a mechanical services occupational licence
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.
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.
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.
s 32AB ins 2007 No. 47 s 8
amd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 80 sch 1 ; 2018 No. 17 s 184
(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.
(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.
(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.
(a) the applicant has the qualifications required by regulation for a licence of the relevant class; and
(b) the applicant can lawfully work in Queensland; and
(c) the applicant is not a banned individual; and
(d) the applicant is a fit and proper person to hold a licence.
(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
(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.
(a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or
(b) 28 days have not elapsed since the date of the enforcement order.
sec.32A
Section sec.32A
s 32A ins 2003 No. 1 s 12
om 2020 No. 24 s 115
pt.3-div.3
Application for, and grant of, licence
Application for, and grant of, licence
sec.33
Application for licence
sec.33 Application for licence
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.
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.
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.
s 33 amd 1999 No. 43 s 15 ; 2007 No. 47 s 9 ; 2013 No. 38 s 14 sch 1 ; 2025 No. 28 s 18
(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.
(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.
(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.
(a) be in the approved form; and
(b) comply with the requirements prescribed by regulation; and
(c) be accompanied by— (i) a photograph of the applicant in the form required by the commission; and (ii) the fee prescribed by regulation.
(i) a photograph of the applicant in the form required by the commission; and
(ii) the fee prescribed by regulation.
(i) a photograph of the applicant in the form required by the commission; and
(ii) the fee prescribed by regulation.
(a) seeking confirmation about the experience of applicants through site inspections and referee checks; and
(b) carrying out checks with the Australian Securities and Investment Commission, bankruptcy registers and credit bureaus.
sec.34
Grant of licence
sec.34 Grant of licence
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.
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.
The commission may also issue a licence certificate in a form determined by the commission.
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.
s 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
(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.
(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.
(sec.34-ssec.3) The commission may also issue a licence certificate in a form determined by the commission.
(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.
(a) state the licensee’s name and licence number; and
(b) state the type of licence; and
(c) state the class of building work the licensee is licensed to carry out; and
(d) if the licensee is an individual, contain a recent photograph of the licensee; and
(e) state when the licence is due for renewal.
pt.3-div.3A
sec.34A
Section sec.34A
s 34A ins 2000 No. 20 s 29 sch 3
amd 2013 No. 38 s 14 sch 1
om 2025 No. 28 s 20
pt.3-div.4
Conditions of licence
Conditions of licence
sec.35
Imposition of conditions etc. on grant of licence
sec.35 Imposition of conditions etc. on grant of licence
A licence may be granted subject to such conditions as the commission considers appropriate.
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.
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.
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.
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.
s 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
(sec.35-ssec.1) A licence may be granted subject to such conditions as the commission considers appropriate.
(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.
(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.
(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.
(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.
(a) the licence is a new class of licence under section 42A (1) (a) ; and
(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.
(a) the licensee’s financial circumstances must at all times satisfy the minimum financial requirements for the licence; and
(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.
sec.36
Subsequent imposition of conditions etc.
sec.36 Subsequent imposition of conditions etc.
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.
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.
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.
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.
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 .
Subsections (3) , (3A) and (3B) do not limit the power to impose conditions under subsection (2) .
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.
s 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
(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.
(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.
(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.
(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.
(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 .
(sec.36-ssec.3C) Subsections (3) , (3A) and (3B) do not limit the power to impose conditions under subsection (2) .
(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.
(a) that a licensee may have insufficient financial resources to meet possible liabilities in relation to building work; or
(b) that there is some other proper ground for imposing a condition on the licence;
sec.36A
Vary or revoke conditions
sec.36A Vary or revoke conditions
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 .
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.
s 36A ins 2020 No. 24 s 115C
(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 .
(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.
pt.3-div.5
Renewal of licences
Renewal of licences
sec.37
Period of renewal
sec.37 Period of renewal
A licensee for any of the following licences may choose to renew the licence for a period of either 1 year or 3 years—
a contractor’s licence;
a nominee supervisor’s licence;
a site supervisor’s licence;
a fire protection occupational licence;
a mechanical services occupational licence.
s 37 amd 1992 No. 36 s 2 sch 1
sub 2007 No. 47 s 11 ; 2014 No. 57 s 6
amd 2018 No. 17 s 185
(a) a contractor’s licence;
(b) a nominee supervisor’s licence;
(c) a site supervisor’s licence;
(d) a fire protection occupational licence;
(e) a mechanical services occupational licence.
sec.37A
Commission to advise licensee before licence due for renewal
sec.37A Commission to advise licensee before licence due for renewal
The commission must give notice in writing to a licensee at least 28 days before the renewal day for the licensee’s licence.
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.
s 37A ins 2007 No. 47 s 11
amd 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 7 ; 2017 No. 43 s 259 ; 2025 No. 28 s 21
(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.
(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.
(a) the renewal day for the licensee’s licence;
(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;
(c) the renewal fee for the licence and that it must be paid on or before the renewal day;
(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.
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Queensland Building and Construction Commission Act 1991 .
s 1 amd 2013 No. 38 s 4
Section sec.2
s 2 om 1998 No. 13 s 186
sec.3 Objects of Act
sec.3 Objects of Act
The objects of this Act are—
to regulate the building industry—
to ensure the maintenance of proper standards in the industry; and
to achieve a reasonable balance between the interests of building contractors and consumers; and
to provide remedies for defective building work; and
to provide support, education and advice for those who undertake building work and consumers; and
to regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners; and
to regulate building products to ensure—
the safety of consumers and the public generally; and
persons involved in the production, supply or installation of building products are held responsible for the safety of the products and their use; and
to provide for the proper, efficient and effective management of the commission in the performance of its functions.
s 3 amd 2000 No. 10 s 183 sch 1 ; 2014 No. 57 s 4 ; 2017 No. 29 s 4 ; 2017 No. 43 s 251
(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
(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
(b) to provide remedies for defective building work; and
(c) to provide support, education and advice for those who undertake building work and consumers; and
(d) to regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners; and
(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
(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
The Queensland Building and Construction Commission is established under section 5 as a body corporate with a common seal, able to sue and be sued in its corporate name. Section 6 names its three components: the Queensland Building and Construction Board, the commissioner together with the organisational unit under the commissioner's control, and the Service Trades Council (continued in existence under the Plumbing and Drainage Act 2018 section 105). Section 7 sets the Commission's functions, including administration of the Act and the statutory insurance scheme.
A "contractor's licence" is the central operative concept. Without one, a person must not carry out, or undertake to carry out, building work (section 42), unless exempt under schedule 1A. A "nominee supervisor's licence" under section 30A authorises an individual to act as the nominee supervisor for a building and construction company. Under the Act, a building and construction company must employ a nominee supervisor, an interpretation accepted in Murphy v Chapple [2022] FCAFC 165.
A "building contract" is defined for Part 4A purposes by section 67AAA: a contract or arrangement for carrying out building work in Queensland, but not a domestic building contract or a contract exclusively for non-building construction work. A "domestic building contract" is defined by schedule 1B section 3, with subcategories of "regulated contract" (section 5), "level 1 regulated contract" (section 6), and "level 2 regulated contract" (section 7). A "construction management trade contract" is a building contract where the contracting party is a principal and the contracted party is a contractor's licensee, and the building work is for or to a particular project (section 67B).
The "minimum financial requirements" (MFR) regime sits behind licensing. The Commission requires applicants and licence holders to evidence that they have sufficient net tangible assets relative to maximum revenue, supported by an MFR Report. Where shortfalls exist, the licensee can supply a Deed of Covenant and Assurance from a related party that promises to provide financial support, as analysed in Shafston Avenue Construction v McCann [2020] FCAFC 85 and the first instance decision [2019] FCA 1426. Part 3 division 9A monitors continued satisfaction of those minimum financial requirements.
Who it affects
Building contractors, plumbers, drainers, supervisors, owner-builders, building and construction companies, and individuals seeking nominee supervisor's licences; building owners (consumers in domestic and non-domestic contexts); excluded individuals, permanently excluded individuals, banned individuals, disqualified individuals, and convicted company officers (Parts 3A to 3E); construction principals; insurers and the insurance manager under Part 5; QCAT (under Part 7 jurisdiction transfer); the Queensland Building and Construction Board, the commissioner, the Service Trades Council, the Queensland Building and Construction Employing Office (Part 2A); investigators and inspectors (Part 9). The High Court and Federal Court have engaged with the Act where licensees enter administration, where the Commission is a creditor under bankruptcy law, or where employment classification of nominee supervisors is in issue.
Key obligations
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. Maximum penalties: 250 penalty units for a first offence; 300 for a second; and 350 penalty units or 1 year's imprisonment for a third or later offence, or where the building work is "tier 1 defective work". An individual who contravenes subsection (1) and is liable to the highest penalty band commits a crime. Subsections (3) and (4) cut off entitlement to remuneration for unlicensed work, except for narrowly defined reasonable remuneration that excludes the contractor's own labour, profit, and unreasonable costs.
Section 67G obliges a building contractor to put a building contract in writing before work starts (where the reasonable cost is more than $10,000) or before work is finished (where the cost is $10,000 or less). If a variation later pushes the cost over $10,000, the contract incorporating all variations must be in writing before the next stage of work. Maximum penalty 80 penalty units.
Schedule 1B imposes cumulative requirements on level 1 and level 2 regulated contracts (sections 13 and 14). Section 19 implies warranties into all domestic building contracts: section 20 (suitability of materials), section 21 (compliance with legal requirements), and section 22 (standard of work and exercise of care and skill). Section 23 (adherence to plans and specifications), section 24 (suitability of premises for occupation), section 25 (carrying out work with reasonable diligence), and section 26 (calculation of provisional sums and prime cost items) imply warranties for particular contracts. Sections 27 and 28 carry the warranties with the building (so subsequent owners can rely) and protect the rights they create.
Section 30 prohibits the contracted services starting before a regulated contract complies with the requirements. Section 33 limits deposits for regulated contracts. Section 34 governs progress payments. Section 40 requires variations to be in writing.
Powers and discretions
The Commission may grant, refuse, suspend, cancel, or impose conditions on a contractor's licence under Part 3. The Commission may issue notices that an individual is not a fit and proper person to be a licensee under section 67. The Commission may exclude individuals (Part 3A), permanently exclude individuals (Part 3B), ban individuals (Part 3D), or disqualify individuals (Part 3E). Convicted company officers attract Part 3C consequences.
Section 71 lets the Commission recover money from a licensed contractor in respect of statutory insurance scheme payouts. Section 72 gives the Commission power to require rectification of building work and remediation of consequential damage. Section 74A lets the Commission investigate grounds for taking disciplinary action.
Part 9B grants injunction powers and stop-work notice powers. Part 8 establishes registers. Part 9 creates investigators with information-gathering powers.
The Commission's licensing decisions are reviewable. Schedule 1 part 19 (sections 89 to 99, inserted in 2024) declares and validates particular Commission decisions and actions in the residential construction work space, where "essential requirements for a contract" or "affirmative decision" issues had previously called the validity of decisions into question.
Penalties and enforcement
Section 42 is the central licensing offence with the offence-grade structure described above. Section 67G carries 80 penalty units for failure to put a building contract in writing.
Section 71 is the operative cost-recovery provision against contractors after the Commission has paid out under the statutory insurance scheme. The provision was the cited section in Wangelin v van der Velde [2016] FCA 410.
Section 72 is the Commission's directions power. The Commission may direct rectification of building work or remediation of consequential damage. Failure to comply with a direction is enforced through Part 6A disciplinary proceedings and Part 7 tribunal jurisdiction.
The QBCC routinely enforces statutory debts in court. The Commission as creditor pursued a sequestration order in Queensland Building and Construction Commission v Mead [2024] FCA 1355, where the Commission's claim arose from defective work payouts under the statutory insurance scheme that were recoverable from the company directors.
Schedule 1B section 29 provides for proceedings for breach of the implied warranties, with a six-year limitation period that proved central to the limitation analysis in The Owners Strata Plan No 87231 v 3A Composites GmbH [2020] FCA 748.
Process and timelines
Section 67G's contract-form trigger is the reasonable cost of the building work. For contracts above $10,000 reasonable cost, the writing must precede the start of work; for contracts at or below $10,000 it must precede completion. Where a variation pushes a sub-$10,000 contract over the threshold, the writing rule applies before the next phase of work.
Schedule 1B Part 5 sets the cooling-off period for regulated contracts. Section 35 gives the building owner a right to withdraw within the cooling-off period. Section 36 imposes restrictions; section 37 sets the withdrawal procedure; section 38 governs rights and obligations following withdrawal; and section 39 deals with waiver of the right of withdrawal.
Section 67U is a strict-time provision: a payment 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. "Business day" excludes Saturdays, Sundays, public holidays, special holidays, bank holidays in the relevant place, and the period from 22 December to 10 January inclusive.
Disciplinary proceedings under Part 6A run on Commission investigation under section 74A and statutorily defined grounds for action. Schedule 1 part 11 sec 55 carries existing disciplinary proceedings across the 2014 amendments. The QCAT review path runs through Part 7.
Interactions with other law
The QBCC Act sits alongside the Building Industry Fairness (Security of Payment) Act 2017 (BIFA), which is referenced in section 67AAA's definition of "construction work". BIFA's progress claim and adjudication regime works alongside section 67G's contract-form rule and section 67U's 25-business-day payment void.
The Plumbing and Drainage Act 2018 (section 105) continues the Service Trades Council in existence, the Council being one of the three components of the Commission named in section 6.
Schedule 1B section 45 deals with the relationship with other Acts. Schedule 1 part 11 division 4 records the repeal of the Domestic Building Contracts Act 2000 (DBC Act), with section 62 of schedule 1 dealing with domestic building contracts entered into before repeal, and section 63 carrying forward references to conduct under the repealed DBC Act. Section 64 of schedule 1 covers past contraventions of the repealed DBC Act.
The Bankruptcy Act 1966 (Cth) interacts with Commission cost-recovery, as in QBCC v Mead [2024] FCA 1355. The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) interacts with the Schedule 1B implied warranties regime, as canvassed in The Owners Strata Plan No 87231 v 3A Composites GmbH [2020] FCA 748.
The Fair Work Act 2009 (Cth) interacts with the section 30A nominee supervisor's licence regime, as Murphy v Chapple [2022] FCAFC 165 illustrates: a person can be both a section 30A nominee and an employee of the licensed company under a contract of service.
The Queensland Civil and Administrative Tribunal Act 2009 supplies the procedural framework for QCAT's exercise of Part 7 jurisdiction in this Act.
Gotchas
Section 42's bar on remuneration for unlicensed work is harsher than it looks. Subsection (3) says a person who carries out building work in contravention is not entitled to any monetary or other consideration. Subsection (4) preserves a narrow claim for "reasonable remuneration", but excludes the supplier's own labour, profit, and unreasonable costs. A contractor whose licence has lapsed mid-project can find that the work performed during the lapsed period is unrecoverable under contract.
The MFR regime is continuous, not point-in-time. Part 3 division 9A monitors continued satisfaction of MFR. A licence holder who fails the MFR test must address the shortfall (often through a fresh Deed of Covenant and Assurance) or face suspension or cancellation. The Shafston Avenue Construction litigation illustrates how DCAs can become enforceable obligations against parent companies even after the licensee enters administration.
Section 30A's nominee supervisor regime traps directors who hold the nominee supervisor's licence. They become both an officer of the company and the natural person whose licence backs the company's right to perform building work. If the nominee resigns, the company's licence is at risk. If the nominee is mischaracterised as an independent contractor by the company, employment law issues compound the licensing risk, as Murphy v Chapple [2022] FCAFC 165 worked through.
Schedule 1 part 19 (sections 89 to 99) is a 2024 declaratory and validation provision specifically targeting situations where the Commission's prior decisions in residential construction work might otherwise have been invalid because of "non-compliant arrangements". The provisions reach back to deem prior decisions and actions valid, including prior tribunal decisions (sch.1-sec.97). Practitioners with judicial review grounds need to test whether section 99 (no compensation payable) defeats their claim before issuing.
The Schedule 1B implied warranties are not contracted out except as the Schedule itself permits. Section 28 protects the rights given by warranties. Section 27 makes warranties run with the building, so a successor owner has standing.
Practical examples
A building company taking on a $250 million infrastructure project must hold a category 7 contractor's licence. Where the company is a joint venture vehicle that does not itself meet the MFR thresholds, each shareholder may execute a Deed of Covenant and Assurance with the joint venture company and the Commission to bridge the gap. If the joint venture later enters voluntary administration, the Deed survives, and the Commission can call on the assurances. This was the structural backdrop in Shafston Avenue Construction v McCann [2020] FCAFC 85.
A residential builder enters into an $800,000 fixed-price contract with a homeowner for a knock-down rebuild. The contract is a level 2 regulated contract (schedule 1B section 7 read with section 3). Section 14 sets the contract-form rules; section 19 implies warranties about suitability of materials, compliance with law, standard of work, adherence to plans, suitability of premises and reasonable diligence. The deposit is capped under section 33 and progress payments are governed by section 34. The owner has a cooling-off right under section 35.
A subcontractor working on a construction management project must include payment terms compliant with section 67U: 25 business days from submission of a payment claim, or any longer period in the contract is void. The "business day" definition excludes the Christmas period from 22 December to 10 January.
A homeowner whose recent extension shows defects can ask the Commission to investigate under Part 6A and direct the contractor to rectify under section 72. If the contractor fails to comply, the Commission can pay out under the statutory insurance scheme and recover the cost from the contractor under section 71.
Section sec.4AAWho is an influential person for a company
(f) to provide for the proper, efficient and effective management of the commission in the performance of its functions.
(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
(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
sec.4 Definitions
sec.4 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
s 4 amd 1999 No. 43 s 4 (1)
Note—s 4 contained definitions for this Act. Definitions are now located in sch 2—Dictionary.
sec.4AA Who is an influential person for a company
sec.4AA Who is an influential person for a company
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.
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 .
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.
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.
s 4AA prev s 4AA ins 2003 No. 1 s 4
om 2007 No. 47 s 4
pres s 4AA ins 2017 No. 43 s 252
(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.
(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 .
(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.
(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.
(a) a professional, only because the advice given by the professional influences the company’s conduct; or
(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
(c) an administrator, controller, provisional liquidator or liquidator within the meaning of the Corporations Act , section 9 .
(a) is the chief executive officer or general manager of the company, or holds an equivalent position in the company; or
(b) is acting in a position mentioned in paragraph (a) ; or
(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
(d) gives instructions to an officer of the company and the officer generally acts on those instructions; or
(e) makes, or participates in making, decisions that affect the whole or a substantial part of the company’s business or financial standing; or
(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.
(a) means a person who provides professional advice to more than 1 client; but
(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
(a) a person employed by a State, a local government or the Commonwealth; or
(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
(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.
sec.4A Value of building work carried out in stages
sec.4A Value of building work carried out in stages
If 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.
s 4A amd 1994 No. 20 s 3 sch
(prev s 4(2)) renum 1994 No. 20 s 3 sch
sec.4B Act binds all persons
sec.4B Act binds all persons
This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
s 4B ins 1999 No. 43 s 5
sec.4C Certain building contractors not bound
sec.4C Certain building contractors not bound
Parts 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—
carrying out completed building inspections; or
contract administration carried out in relation to building work designed by the building contractor.
s 4C ins 1999 No. 43 s 5
sub 2003 No. 1 s 5
(a) carrying out completed building inspections; or
(b) contract administration carried out in relation to building work designed by the building contractor.
pt.2 Queensland Building and Construction Commission
Queensland Building and Construction Commission
pt.2-div.1 Establishment, functions and powers
Establishment, functions and powers
sec.5 Establishment and status
sec.5 Establishment and status
The Queensland Building and Construction Commission is established.
The commission—
is a body corporate; and
has a common seal; and
may sue and be sued in its corporate name.
s 5 sub 2013 No. 38 s 5
(sec.5-ssec.1) The Queensland Building and Construction Commission is established.
(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.
(a) is a body corporate; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
sec.6 Constitution
sec.6 Constitution
The commission consists of—
the Queensland Building and Construction Board; and
the commissioner and the organisational unit under the control of the commissioner; and
the Service Trades Council.
The Service Trades Council is continued in existence under the Plumbing and Drainage Act 2018 , section 105 .
s 6 amd 1994 No. 20 s 5
sub 2013 No. 38 s 5
amd 2016 No. 11 s 14 ; 2018 No. 17 s 197 sch 2
(a) the Queensland Building and Construction Board; and
(b) the commissioner and the organisational unit under the control of the commissioner; and
(c) the Service Trades Council. Note— The Service Trades Council is continued in existence under the Plumbing and Drainage Act 2018 , section 105 .
sec.7 Functions
sec.7 Functions
The commission has the following functions—
to administer this Act and further its objects;
any function given to it under another Act.
s 7 sub 2013 No. 38 s 5
(a) to administer this Act and further its objects;
(b) any function given to it under another Act.
sec.8 Powers
sec.8 Powers
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.
Without limiting subsection (1) , the commission has the powers given to it under an Act.
s 8 sub 2013 No. 38 s 5
(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.
(sec.8-ssec.2) Without limiting subsection (1) , the commission has the powers given to it under an Act.
(a) enter into contracts or agreements; and
(b) acquire, hold, deal with and dispose of, property; and
(c) employ staff; and
(d) appoint agents and attorneys; and
(e) engage consultants; and
(f) charge a fee for services and other facilities it supplies; and
(g) do anything else necessary or convenient to be done for its functions.
sec.9 Ministerial direction
sec.9 Ministerial direction
The Minister may give the commission a written direction in relation to the commission and its functions.
The commission must comply with the direction.
The Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 7 sitting days after it is given.
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.
s 9 amd 1993 No. 76 s 3 sch 1
sub 1994 No. 20 s 6
amd 1999 No. 43 s 6
sub 2013 No. 38 s 5
(sec.9-ssec.1) The Minister may give the commission a written direction in relation to the commission and its functions.
(sec.9-ssec.2) The commission must comply with the direction.
(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.
(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
This is an opening excerpt, not the complete document.