QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.87ANo stay by QCAT of particular decisions
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### sec.87A No stay by QCAT of particular decisions
This section applies if a person applies to the tribunal for a review under section 87 of any of the following decisions of the commission—
a decision to give a direction to rectify or remedy or not to give the direction;
a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard;
a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify building work that is defective or incomplete;
a decision to disallow a claim under the statutory insurance scheme wholly or in part;
a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme;
a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ;
a decision to direct a person to take remedial action under section 74AN .
This section also applies if a person applies to the tribunal for a review under section 87 of any of the following decisions—
a decision of the commissioner to issue a stop work notice under section 108AI ;
a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ;
a decision of an investigator to give a direction under section 106P or 106Q .
QCAT must not grant a stay of the decision.
s 87A ins 2014 No. 57 s 44
amd 2017 No. 29 s 17 ; 2018 No. 17 s 193B
(sec.87A-ssec.1) This section applies if a person applies to the tribunal for a review under section 87 of any of the following decisions of the commission— a decision to give a direction to rectify or remedy or not to give the direction; a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard; a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify building work that is defective or incomplete; a decision to disallow a claim under the statutory insurance scheme wholly or in part; a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ; a decision to direct a person to take remedial action under section 74AN .
(sec.87A-ssec.1A) This section also applies if a person applies to the tribunal for a review under section 87 of any of the following decisions— a decision of the commissioner to issue a stop work notice under section 108AI ; a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; a decision of an investigator to give a direction under section 106P or 106Q .
(sec.87A-ssec.2) QCAT must not grant a stay of the decision.
- (a) a decision to give a direction to rectify or remedy or not to give the direction;
- (b) a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard;
- (c) a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify building work that is defective or incomplete;
- (d) a decision to disallow a claim under the statutory insurance scheme wholly or in part;
- (e) a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme;
- (f) a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ;
- (g) a decision to direct a person to take remedial action under section 74AN .
- (a) a decision of the commissioner to issue a stop work notice under section 108AI ;
- (b) a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ;
- (c) a decision of an investigator to give a direction under section 106P or 106Q .