QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sch.1-sec.95Validation of particular actions of commission
Start here
Get a plain-English read of sch.1-sec.95
Turn the raw legal text into a practical explanation grounded in Queensland Building and Construction Commission Act 1991.
### sch.1-sec.95 Validation of particular actions of commission
This section applies if, before the commencement—
the commission did any of the following things (each a supportive action ) in relation to residential construction work—
accepted an insurance premium for the work;
issued a notice of cover for the work;
recovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work;
recovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work;
sought or accepted a tender for building work to rectify or complete the work;
authorised the carrying out of building work to rectify or complete the work;
paid a claim for the work under the statutory insurance scheme; and
the work was the subject of a non-compliant arrangement.
However, this section does not apply if the supportive action related to a rectification decision or termination decision mentioned in section 94 (2) of this schedule.
The supportive action is taken to be, and to always have been, as valid as the action would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .
sch 1 s 95 ins 2025 No. 14 s 85S
(sch.1-sec.95-ssec.1) This section applies if, before the commencement— the commission did any of the following things (each a supportive action ) in relation to residential construction work— accepted an insurance premium for the work; issued a notice of cover for the work; recovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work; recovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work; sought or accepted a tender for building work to rectify or complete the work; authorised the carrying out of building work to rectify or complete the work; paid a claim for the work under the statutory insurance scheme; and the work was the subject of a non-compliant arrangement.
(sch.1-sec.95-ssec.2) However, this section does not apply if the supportive action related to a rectification decision or termination decision mentioned in section 94 (2) of this schedule.
(sch.1-sec.95-ssec.3) The supportive action is taken to be, and to always have been, as valid as the action would have been if the non-compliant arrangement had been a contract for the carrying out of the residential construction work under part 5 of the Act .
- (a) the commission did any of the following things (each a supportive action ) in relation to residential construction work— (i) accepted an insurance premium for the work; (ii) issued a notice of cover for the work; (iii) recovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work; (iv) recovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work; (v) sought or accepted a tender for building work to rectify or complete the work; (vi) authorised the carrying out of building work to rectify or complete the work; (vii) paid a claim for the work under the statutory insurance scheme; and
- (i) accepted an insurance premium for the work;
- (ii) issued a notice of cover for the work;
- (iii) recovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work;
- (iv) recovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work;
- (v) sought or accepted a tender for building work to rectify or complete the work;
- (vi) authorised the carrying out of building work to rectify or complete the work;
- (vii) paid a claim for the work under the statutory insurance scheme; and
- (b) the work was the subject of a non-compliant arrangement.
- (i) accepted an insurance premium for the work;
- (ii) issued a notice of cover for the work;
- (iii) recovered or attempted to recover the amount of an unpaid insurance premium under section 68H (4) of the Act for cover under the statutory insurance scheme for the work;
- (iv) recovered or attempted to recover, under section 71 of the Act , an amount paid by the commission for a claim for cover under the statutory insurance scheme for the work;
- (v) sought or accepted a tender for building work to rectify or complete the work;
- (vi) authorised the carrying out of building work to rectify or complete the work;
- (vii) paid a claim for the work under the statutory insurance scheme; and