QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.108DContracting out prohibited
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### sec.108D Contracting out prohibited
A person can not contract out of the provisions of this Act.
A domestic building contract is void to the extent to which it—
is contrary to this Act; or
purports to annul, exclude or change a provision of this Act.
An agreement (other than a domestic building contract) is void to the extent to which it seeks to exclude, change or restrict a right conferred under this Act in relation to a domestic building contract.
Nothing in this section prevents the parties to a domestic building contract from including provisions in the contract that impose greater or more onerous obligations on a building contractor than are imposed under this Act.
Subsections (2) and (3) apply subject to any contrary intention in this Act.
s 108D ins 2007 No. 47 s 79
amd 2014 No. 57 s 54
(sec.108D-ssec.1) A person can not contract out of the provisions of this Act.
(sec.108D-ssec.2) A domestic building contract is void to the extent to which it— is contrary to this Act; or purports to annul, exclude or change a provision of this Act.
(sec.108D-ssec.3) An agreement (other than a domestic building contract) is void to the extent to which it seeks to exclude, change or restrict a right conferred under this Act in relation to a domestic building contract.
(sec.108D-ssec.4) Nothing in this section prevents the parties to a domestic building contract from including provisions in the contract that impose greater or more onerous obligations on a building contractor than are imposed under this Act.
(sec.108D-ssec.5) Subsections (2) and (3) apply subject to any contrary intention in this Act.
- (a) is contrary to this Act; or
- (b) purports to annul, exclude or change a provision of this Act.