sch.1-sec.52Application of s 42 (Unlawful carrying out of building work)

### sch.1-sec.52 Application of s 42 (Unlawful carrying out of building work) Section 42(4) applies to building work carried out on or after 1 July 1992, unless the entitlement to payment for the carrying out of the building work was— before the commencement of this section, decided by— a court; or the tribunal; or an arbitrator or another entity authorised to make a binding decision about the entitlement; or before 2 March 1999, the subject of— a claim or counterclaim filed in a court; or an application made to the tribunal; or a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or provided for as a term of a binding agreement entered into before the commencement of this subsection, but only if the binding agreement— is between— 1 or more consumers and 1 or more building contractors; or 1 or more building contractors and 1 or more other building contractors; and was entered into to resolve a dispute between some or all of the parties to the binding agreement; and is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied. In this section— tribunal means the former Queensland Building Tribunal previously established under this Act, part 7, before amendment of this Act under the repealed Queensland Building Tribunal Act 2000 . sch 1 s 52 ins 2013 No. 58 s 30 (sch.1-sec.52-ssec.1) Section 42(4) applies to building work carried out on or after 1 July 1992, unless the entitlement to payment for the carrying out of the building work was— before the commencement of this section, decided by— a court; or the tribunal; or an arbitrator or another entity authorised to make a binding decision about the entitlement; or before 2 March 1999, the subject of— a claim or counterclaim filed in a court; or an application made to the tribunal; or a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or provided for as a term of a binding agreement entered into before the commencement of this subsection, but only if the binding agreement— is between— 1 or more consumers and 1 or more building contractors; or 1 or more building contractors and 1 or more other building contractors; and was entered into to resolve a dispute between some or all of the parties to the binding agreement; and is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied. (sch.1-sec.52-ssec.2) In this section— tribunal means the former Queensland Building Tribunal previously established under this Act, part 7, before amendment of this Act under the repealed Queensland Building Tribunal Act 2000 . - (a) before the commencement of this section, decided by— (i) a court; or (ii) the tribunal; or (iii) an arbitrator or another entity authorised to make a binding decision about the entitlement; or - (i) a court; or - (ii) the tribunal; or - (iii) an arbitrator or another entity authorised to make a binding decision about the entitlement; or - (b) before 2 March 1999, the subject of— (i) a claim or counterclaim filed in a court; or (ii) an application made to the tribunal; or (iii) a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or - (i) a claim or counterclaim filed in a court; or - (ii) an application made to the tribunal; or - (iii) a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or - (c) provided for as a term of a binding agreement entered into before the commencement of this subsection, but only if the binding agreement— (i) is between— (A) 1 or more consumers and 1 or more building contractors; or (B) 1 or more building contractors and 1 or more other building contractors; and (ii) was entered into to resolve a dispute between some or all of the parties to the binding agreement; and (iii) is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied. - (i) is between— (A) 1 or more consumers and 1 or more building contractors; or (B) 1 or more building contractors and 1 or more other building contractors; and - (A) 1 or more consumers and 1 or more building contractors; or - (B) 1 or more building contractors and 1 or more other building contractors; and - (ii) was entered into to resolve a dispute between some or all of the parties to the binding agreement; and - (iii) is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied. - (i) a court; or - (ii) the tribunal; or - (iii) an arbitrator or another entity authorised to make a binding decision about the entitlement; or - (i) a claim or counterclaim filed in a court; or - (ii) an application made to the tribunal; or - (iii) a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or - (i) is between— (A) 1 or more consumers and 1 or more building contractors; or (B) 1 or more building contractors and 1 or more other building contractors; and - (A) 1 or more consumers and 1 or more building contractors; or - (B) 1 or more building contractors and 1 or more other building contractors; and - (ii) was entered into to resolve a dispute between some or all of the parties to the binding agreement; and - (iii) is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied. - (A) 1 or more consumers and 1 or more building contractors; or - (B) 1 or more building contractors and 1 or more other building contractors; and