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Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025
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Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025
Page 16 Authorised by the Parliamentary Counsel [s 28] Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025 Part 4 Amendment of Queensland Building and Construction Commission Act 1991 28 Amendment of s 67G (Building contracts to be in writing) Section 67G(4)(f), ‘card’— omit. 29 Amendment of s 71 (Recovery from licensed contractor etc.) (1) Section 71(2)(a)(i), ‘whose licence card is imprinted on’— omit, insert— identified in a copy of the licensed contractor’s licence included in, or attached to, (2) Section 71(2)(a)(vii)— omit. (3) Section 71(2)(a)(viii) and (ix)— renumber as section 71(2)(a)(vii) and (viii). (4) Section 71(4)(a) and (b)— omit, insert— (a) a copy of the contractor’s licence was included in, or attached to, the contract for carrying out the work without the licensee’s authority; and (b) the licensed contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the licensed contractor’s authority. (5) Section 71(6)(e)— omit. 30 Amendment of s 71I (Who is taken to carry out building work for this part) (1) Section 71I(1)(a), ‘whose licence card is imprinted on’— Clause 1 2 3 Clause 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Clause 27 28 29
Page 17 Authorised by the Parliamentary Counsel [s 31] Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025 Part 4 Amendment of Queensland Building and Construction Commission Act 1991 omit, insert— identified in a copy of the building contractor’s licence included in, or attached to, (2) Section 71I(1)(g)— omit. (3) Section 71I(1)(h) to (m)— renumber as section 71I(1)(g) to (l). (4) Section 71I(2), ‘subsection (1)(h) and (i)’— omit, insert— subsection (1)(g) and (h) 31 Amendment of s 74 (Defences for failure to comply with direction to rectify or remedy) (1) Section 74(2)(a)(i) and (ii)— omit, insert— (i) the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and (ii) the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority. (2) Section 74(2)(g)— omit. 32 Amendment of s 105L (General powers) Section 105L— insert— (4A) However, nothing in this section authorises an 1 2 3 4 5 6 7 8 9 10 Clause 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Clause 25 26 27 28
Page 18 Authorised by the Parliamentary Counsel [s 33] Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025 Part 4 Amendment of Queensland Building and Construction Commission Act 1991 investigator to take from the place a digital device used to store a licensee’s licence if the investigator takes the device only to inspect or copy the licence. 33 Amendment of s 105O (Power to require name and address) (1) Section 105O, heading ‘name and address’— omit, insert— particular information (2) Section 105O(2), ‘and residential address’— omit, insert— , residential address and email address (3) Section 105O(3), ‘or address’— omit, insert— or residential address 34 Amendment of s 105T (Power to require information or attendance) (1) Section 105T— insert— (2A) Unless otherwise required by the notice, a person is taken to comply with subsection (2)(b) if the person attends a meeting with the investigator by using any technology allowing reasonably contemporaneous and continuous communication. (2) Section 105T(2A) to (4)— renumber as section 105T(3) to (5). 1 2 3 4 Clause 5 6 7 8 9 10 11 12 13 14 15 Clause 16 17 18 19 20 21 22 23 24 25 26 27
Page 19 Authorised by the Parliamentary Counsel [s 35] Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025 Part 4 Amendment of Queensland Building and Construction Commission Act 1991 35 Amendment of s 106 (Seizing evidence at a place that may be entered without consent or warrant) Section 106— insert— (2) However, nothing in this section authorises an investigator to seize a digital device used to store a licence issued under a relevant Act, if the investigator takes the device only to inspect or copy the licence. 36 Amendment of s 106A (Seizing evidence at a place that may be entered only with consent or warrant) Section 106A— insert— (6) However, nothing in this section authorises an investigator to seize a digital device used to store a licence issued under a relevant Act, if the investigator takes the device only to inspect or copy the licence. 37 Replacement of s 109A (Service of documents) Section 109A— omit, insert— 109A Service of documents (1) This section applies if a provision of this Act requires or permits a document, other than an excluded document, to be given to a person by the commission or the commissioner. (2) For the Acts Interpretation Act 1954, section 39, the address of the person’s place of residence or business includes the person’s postal address. (3) Without limiting the Acts Interpretation Act 1954, section 39, the document may— Clause 1 2 3 4 5 6 7 8 9 Clause 10 11 12 13 14 15 16 17 18 Clause 19 20 21 22 23 24 25 26 27 28 29 30 31
Page 20 Authorised by the Parliamentary Counsel [s 38] Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025 Part 4 Amendment of Queensland Building and Construction Commission Act 1991 (a) be sent by email to the person’s email address last notified to the commission by the person for use under this Act; or (b) be made available to the person or given in a way prescribed by regulation. (4) The document is taken to be given— (a) if sent by email—on the day the email is sent; or (b) if made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation. (5) However, if the document is made available or given after 5p.m. on a particular day, the document is taken to be made available or given to the person on the next business day. (6) In this section— excluded document means a document required for use in a proceeding before the tribunal. 38 Insertion of new s 109C After section 109B— insert— 109C Licensee must advise of change in particular personal details (1) This section applies if a licensee gave the commission, for use under this Act, the licensee’s residential address, email address or phone number and the address or number changes. (2) The licensee must give the commission notice of the change within 14 days after the change, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Clause 19 20 21 22 23 24 25 26 27 28 29 30 31
Page 21 Authorised by the Parliamentary Counsel [s 39] Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025 Part 4 Amendment of Queensland Building and Construction Commission Act 1991 39 Insertion of new sch 1, pt 20 Schedule 1— insert— Part 20 Transitional provisions for Queensland Building and Construction Commission and Other Legislation Amendment Act 2025 100 Definitions for part In this part— amendment Act means the Queensland Building and Construction Commission and Other Legislation Amendment Act 2025. former, in relation to a provision of this Act, means the provision as in force immediately before the commencement. 101 Existing applications for licences (1) This section applies if— (a) before the commencement, an application was made under former section 33 for a licence; and (b) immediately before the commencement, the application had not been decided. (2) This Act, as in force immediately before the commencement, continues to apply to the application as if the amendment Act had not been enacted. Clause 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
Page 22 Authorised by the Parliamentary Counsel [s 40] Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025 Part 4 Amendment of Queensland Building and Construction Commission Act 1991 102 Recovery from licensed contractors in relation to particular contracts (1) This section applies in relation to a matter mentioned in section 71(1) that relates to a contract for carrying out building work that was made before the commencement. (2) Former section 71 continues to apply in relation to the matter as if the amendment Act had not been enacted. 103 Persons who are taken to carry out particular building work (1) This section applies in relation to building work— (a) mentioned in section 71I; and (b) that is the subject of a contract for carrying out building work that was made before the commencement. (2) Former section 71I continues to apply in relation to the building work as if the amendment Act had not been enacted. 104 Particular defences for failure to comply with direction to rectify or remedy (1) This section applies in relation to a matter mentioned in section 74(1)(a) or (b) that relates to a contract for carrying out building work that was made before the commencement. (2) Former section 74 continues to apply in relation to the licensed contractor the subject of the matter as if the amendment Act had not been enacted. 40 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions licence card and PIN— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Clause 29 30
Page 23 Authorised by the Parliamentary Counsel [s 40] Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025 Part 4 Amendment of Queensland Building and Construction Commission Act 1991 omit. (2) Schedule 2— insert— licence card, for a licence, means a document, other than an electronic document, in the form of a card evidencing the licence. © State of Queensland 2025 1 2 3 4 5 6