QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sch.1-sec.87Validation of particular directions to rectify or remedy
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### sch.1-sec.87 Validation of particular directions to rectify or remedy
This section applies in relation to a direction made, or purportedly made, under section 72(2) during the validation period.
It is declared that the direction is, and always has been, as valid as it would have been if the 35-day period had been prescribed by regulation under section 72(4) throughout the validation period.
Also, subsection (4) applies if the period stated in the direction for rectifying building work or remedying consequential damage ended on a day that was—
between 28 and 34 days after the day the direction was made, as stated in the direction; or
later than 35 days after the day the direction was made, as stated in the direction.
It is declared that the direction is, and always has been, as valid as it would have been if the period stated in the direction had complied with the 35-day period.
Without limiting subsection (2) or (4), any action, or purported action, taken in reliance on the direction is taken to be as lawful and valid as it would have been if the matters mentioned in the subsection had effect.
the grant, under section 72B, of an extension of the period for compliance with the direction
This section does not limit the operation of section 76 of this schedule in relation to matters provided for under a policy mentioned in that section.
In this section—
35-day period means the period prescribed under section 72(4) by the Queensland Building and Construction Commission Regulation 2018 , section 53A.
Section 53A was inserted by the Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021 .
sch 1 s 87 ins 2021 No. 23 s 56C
(sch.1-sec.87-ssec.1) This section applies in relation to a direction made, or purportedly made, under section 72(2) during the validation period.
(sch.1-sec.87-ssec.2) It is declared that the direction is, and always has been, as valid as it would have been if the 35-day period had been prescribed by regulation under section 72(4) throughout the validation period.
(sch.1-sec.87-ssec.3) Also, subsection (4) applies if the period stated in the direction for rectifying building work or remedying consequential damage ended on a day that was— between 28 and 34 days after the day the direction was made, as stated in the direction; or later than 35 days after the day the direction was made, as stated in the direction.
(sch.1-sec.87-ssec.4) It is declared that the direction is, and always has been, as valid as it would have been if the period stated in the direction had complied with the 35-day period.
(sch.1-sec.87-ssec.5) Without limiting subsection (2) or (4), any action, or purported action, taken in reliance on the direction is taken to be as lawful and valid as it would have been if the matters mentioned in the subsection had effect. the grant, under section 72B, of an extension of the period for compliance with the direction
(sch.1-sec.87-ssec.6) This section does not limit the operation of section 76 of this schedule in relation to matters provided for under a policy mentioned in that section.
(sch.1-sec.87-ssec.7) In this section— 35-day period means the period prescribed under section 72(4) by the Queensland Building and Construction Commission Regulation 2018 , section 53A. Section 53A was inserted by the Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021 .
- (a) between 28 and 34 days after the day the direction was made, as stated in the direction; or
- (b) later than 35 days after the day the direction was made, as stated in the direction.