QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.56Partnerships
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### sec.56 Partnerships
A licensed contractor may carry on business under the licence in partnership with an unlicensed person subject to the following conditions—
no contract to carry out building work may be entered into, and no offer or tender to carry out building work may be made, on behalf of the partnership except by the licensed contractor;
any such contract offer or tender must be signed by the licensed contractor and have endorsed on it the names of the other members of the partnership;
any advertisement published in relation to the business carried on, or to be carried on, under the licence must state the name under which the licensed contractor is licensed and conform with any requirements imposed by regulation;
the unlicensed person must not be—
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.
If a condition imposed by subsection (1) is contravened, each member of the partnership commits an offence.
Maximum penalty—
for subsection (1) (a) to (c) —80 penalty units; or
for subsection (1) (d) —200 penalty units.
s 56 amd 1992 No. 36 s 2 sch 1 ; 2003 No. 1 s 25 ; 2007 No. 47 s 29
(sec.56-ssec.1) A licensed contractor may carry on business under the licence in partnership with an unlicensed person subject to the following conditions— no contract to carry out building work may be entered into, and no offer or tender to carry out building work may be made, on behalf of the partnership except by the licensed contractor; any such contract offer or tender must be signed by the licensed contractor and have endorsed on it the names of the other members of the partnership; any advertisement published in relation to the business carried on, or to be carried on, under the licence must state the name under which the licensed contractor is licensed and conform with any requirements imposed by regulation; the unlicensed person must not be— 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.
(sec.56-ssec.2) If a condition imposed by subsection (1) is contravened, each member of the partnership commits an offence. Maximum penalty— for subsection (1) (a) to (c) —80 penalty units; or for subsection (1) (d) —200 penalty units.
- (a) no contract to carry out building work may be entered into, and no offer or tender to carry out building work may be made, on behalf of the partnership except by the licensed contractor;
- (b) any such contract offer or tender must be signed by the licensed contractor and have endorsed on it the names of the other members of the partnership;
- (c) any advertisement published in relation to the business carried on, or to be carried on, under the licence must state the name under which the licensed contractor is licensed and conform with any requirements imposed by regulation;
- (d) the unlicensed person must not be— (i) an excluded individual; or (ii) a permanently excluded individual; or (iii) a convicted company officer; or (iv) a banned individual; or (v) a disqualified individual; or (vi) an excluded company; or (vii) a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or (viii) a company for which a convicted company officer is a director, secretary, influential person or nominee; or (ix) a company for which a banned individual is a director, secretary, influential person or nominee; or (x) a company for which a disqualified individual is a director, secretary, influential person or nominee.
- (i) an excluded individual; or
- (ii) a permanently excluded individual; or
- (iii) a convicted company officer; or
- (iv) a banned individual; or
- (v) a disqualified individual; or
- (vi) an excluded company; or
- (vii) a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or
- (viii) a company for which a convicted company officer is a director, secretary, influential person or nominee; or
- (ix) a company for which a banned individual is a director, secretary, influential person or nominee; or
- (x) a company for which a disqualified individual is a director, secretary, influential person or nominee.
- (i) an excluded individual; or
- (ii) a permanently excluded individual; or
- (iii) a convicted company officer; or
- (iv) a banned individual; or
- (v) a disqualified individual; or
- (vi) an excluded company; or
- (vii) a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or
- (viii) a company for which a convicted company officer is a director, secretary, influential person or nominee; or
- (ix) a company for which a banned individual is a director, secretary, influential person or nominee; or
- (x) a company for which a disqualified individual is a director, secretary, influential person or nominee.
- (a) for subsection (1) (a) to (c) —80 penalty units; or
- (b) for subsection (1) (d) —200 penalty units.