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Queensland regulation
This regulation reorganises who must hold which building and trade licences, sets the technical, managerial and experience requirements for each class, and fixes fees, refunds and transitional arrangements. It also defines what residential work is covered by the Queensland Home Warranty Scheme, lists exclusions, and sets detailed claim caps and entitlement rules. It affects licensed contractors, nominee and site supervisors, tradespeople, and consumers by changing licensing obligations, financial thresholds and what building problems are insurable.
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Direct links to the current provisions in Queensland Building and Construction Commission Regulation 2018.
This regulation may be cited as the Queensland Building and Construction Commission Regulation 2018 .
This regulation commences on 1 September 2018.
The dictionary in schedule 8 defines particular words used in this regulation.
For deciding the number of storeys of a building, other than for section 67WE (1) (c) of the Act , the lowest storey is not counted if it consists mainly of a car park. For calculating the number of storeys for section 67WE (1) (c) of the Act , see also section 29 .
For schedule 2 of the Act , definition building work , work stated in schedule 1 is not building work. To remove any doubt, it is declared that subsection (1) does not stop applying to work stated in schedule 1 merely because the work is carried out in combination with other work stated in schedule 1 . (sec.5-ssec.1) For schedule 2 of the Act , definition building work , work stated in schedule 1 is not building work. (sec.5-ssec.2) To remove any doubt, it is declared that subsection (1) does not stop applying to work stated in schedule 1 merely because the work is carried out in combination with other work stated in schedule 1 .
For schedule 2 of the Act , definition licensed builder , a person is a licensed builder if the person is the holder of a builder contractor’s licence.
For section 30CA (2) (b) of the Act , work of a type stated in schedule 1AA is prescribed not to be fire protection work. s 6AA ins 2020 SL No. 241 s 26
For schedule 2 of the Act , definition mechanical services work , paragraph (k) , the work mentioned in schedule 1A is prescribed. s 6A ins 2019 SL No. 213 s 7
For schedule 2 of the Act , definition occupational licence , paragraph (a) , the following Acts are prescribed— the Plumbing and Drainage Act 2018 ; the Petroleum and Gas (Production and Safety) Act 2004 , to the extent it applies to gas work as defined under that Act; the Medicines and Poisons Act 2019 , to the extent it applies to a pest control activity as defined under that Act. s 6B ins 2020 SL No. 241 s 27 amd 2021 SL No. 142 s 76
This section applies if, for a licence class under schedule 2 (the relevant class ), the scope of work for the class includes incidental work of another class. A licensee under the relevant class may carry out, or engage another person to carry out, building work with a total value of $3,300 or less— that is within the scope of work under a licence class other than the relevant class; and that is incidental to building work being carried out under the relevant class; and that is— for work for which an occupational licence, fire protection licence or mechanical services licence is required—carried out by a licensee who holds a licence to carry out the work; or otherwise—carried out by the licensee or a licensee who holds a licence to carry out the work. To remove any doubt, a licensee under the relevant class may do the following— personally carry out work mentioned in subsection (2) (c) (ii) ; engage a person who holds an appropriate licence to carry out work mentioned in subsection (2) (c) (i) or (ii) . s 7 amd 2019 SL No. 213 s 8 (sec.7-ssec.1) This section applies if, for a licence class under schedule 2 (the relevant class ), the scope of work for the class includes incidental work of another class. (sec.7-ssec.2) A licensee under the relevant class may carry out, or engage another person to carry out, building work with a total value of $3,300 or less— that is within the scope of work under a licence class other than the relevant class; and that is incidental to building work being carried out under the relevant class; and that is— for work for which an occupational licence, fire protection licence or mechanical services licence is required—carried out by a licensee who holds a licence to carry out the work; or otherwise—carried out by the licensee or a licensee who holds a licence to carry out the work. (sec.7-ssec.3) To remove any doubt, a licensee under the relevant class may do the following— personally carry out work mentioned in subsection (2) (c) (ii) ; engage a person who holds an appropriate licence to carry out work mentioned in subsection (2) (c) (i) or (ii) .
Certify , in relation to fire protection equipment of a stated type, for schedule 2 , parts 22A to 31 and schedule 3 , means— prepare a certificate stating that, after a person carries out an annual survey of the equipment, it is considered no changes have affected the equipment that would cause it not to meet any of its design requirements; or prepare 1 or more certificates relating to either or both of the following matters— the installation of the equipment; whether the equipment meets its design requirements. If 2 or more certificates are prepared for fire protection equipment under subsection (1) (b) , the certificates need not be prepared by the same person. For subsection (1) (a) , the person who prepares the certificate need not be the person who carries out the annual survey. In this section— certificate includes a statement and record, however called. survey means a visual inspection of fire protection equipment to identify if the equipment has been altered, damaged or compromised. s 7A ins 2020 SL No. 223 s 17 (amd 2021 SL No. 37 s 5 ) (sec.7A-ssec.1) Certify , in relation to fire protection equipment of a stated type, for schedule 2 , parts 22A to 31 and schedule 3 , means— prepare a certificate stating that, after a person carries out an annual survey of the equipment, it is considered no changes have affected the equipment that would cause it not to meet any of its design requirements; or prepare 1 or more certificates relating to either or both of the following matters— the installation of the equipment; whether the equipment meets its design requirements. (sec.7A-ssec.2) If 2 or more certificates are prepared for fire protection equipment under subsection (1) (b) , the certificates need not be prepared by the same person. (sec.7A-ssec.3) For subsection (1) (a) , the person who prepares the certificate need not be the person who carries out the annual survey. (sec.7A-ssec.4) In this section— certificate includes a statement and record, however called. survey means a visual inspection of fire protection equipment to identify if the equipment has been altered, damaged or compromised.
Contractors’ licences are divided into the classes stated in schedule 2 . For classes of contractors’ licences that are continued for section 30E of the Act , see sections 78 to 80 and schedule 7A , parts 1 to 3 . s 8 amd 2020 SL No. 223 ss 11 , 18
Nominee supervisors’ licences are divided into the classes stated in schedule 2 . For classes of nominee supervisors’ licences that are continued for section 30E of the Act , see sections 79 and 80 and schedule 7A , parts 2 and 3 . s 9 amd 2020 SL No. 223 s 12 , 19
Site supervisors’ licences are divided into the classes stated in schedule 2 other than the classes stated in any of parts 22A to 33 . s 10 amd 2020 SL No. 223 s 20
Fire protection occupational licences are divided into the classes stated in schedule 3 . For classes of fire protection occupational licences that are continued for section 30E of the Act , see section 81 and schedule 7A , part 4 . s 11 amd 2020 SL No. 223 s 21
Mechanical services occupational licences are divided into the classes stated in schedule 3A . s 11A ins 2019 SL No. 213 s 9
For section 31 (1) (b) of the Act , the qualifications and experience in relation to a licence are the qualifications and experience stated in schedule 2 for the relevant class of licence. Also, for a class of licence other than a class mentioned in schedule 2 , any of parts 18 , 19 , 22A to 33 , 36 and 56 , a combination of 2 or more of the following is a qualification for the class if the commission is satisfied the combination is at least equivalent to the required competency for the class— successful completion of an apprenticeship; a recognition certificate; a qualification or statement of attainment of the required competency for any class of licence mentioned in schedule 2 ; a written statement issued by an approved authority that the individual has the required competency for the class of licence. In this section— approved authority means— a registered training organisation; or another entity approved by the commission. recognition certificate means a recognition certificate issued under the repealed Vocational Education, Training and Employment Act 2000 , that has not been cancelled. required competency , for a class of licence, means units of competency approved by the commission as the minimum technical requirements for the class. statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth) . s 12 amd 2020 SL No. 223 s 22 (sec.12-ssec.1) For section 31 (1) (b) of the Act , the qualifications and experience in relation to a licence are the qualifications and experience stated in schedule 2 for the relevant class of licence. (sec.12-ssec.2) Also, for a class of licence other than a class mentioned in schedule 2 , any of parts 18 , 19 , 22A to 33 , 36 and 56 , a combination of 2 or more of the following is a qualification for the class if the commission is satisfied the combination is at least equivalent to the required competency for the class— successful completion of an apprenticeship; a recognition certificate; a qualification or statement of attainment of the required competency for any class of licence mentioned in schedule 2 ; a written statement issued by an approved authority that the individual has the required competency for the class of licence. (sec.12-ssec.3) In this section— approved authority means— a registered training organisation; or another entity approved by the commission. recognition certificate means a recognition certificate issued under the repealed Vocational Education, Training and Employment Act 2000 , that has not been cancelled. required competency , for a class of licence, means units of competency approved by the commission as the minimum technical requirements for the class. statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth) .
For section 32 (1) (a) of the Act , the qualifications and experience for a nominee supervisor’s licence are the technical qualifications, managerial qualifications, if any, and experience stated in schedule 2 for the relevant class of licence.
For section 32AA (1) (a) of the Act , the qualifications for a site supervisor’s licence are the technical qualifications stated in schedule 2 for the relevant class of licence.
For section 32AB (1) (a) of the Act , the qualifications for a fire protection occupational licence are the technical qualifications stated in schedule 3 for the relevant class of licence.
For section 32AB (1) (a) of the Act , the qualifications for a mechanical services occupational licence are the technical qualifications stated in schedule 3A for the relevant class of licence. s 15A ins 2019 SL No. 213 s 10
For section 33 (1) (b) of the Act , an application for a licence must— be made to the commission; and be accompanied by— the relevant documentary evidence; and for an application for a contractor’s licence—the matters required under the minimum financial requirements; and the licence application fee for the application for the licence, and the licence fee for the licence, stated in schedule 7 . The applicant or, if the applicant is a company, an officer of the company must, at the request of the commission— attend an interview with an officer of the commission to answer questions and provide information about the application; and provide the commission with any further evidence it reasonably requires to decide the application. If the applicant, or the officer, does not, without a reasonable excuse, attend an interview or provide evidence required under this section, the commission may reject the application on that ground. Subsection (5) applies to an application if— the applicant is a company; and the commission is satisfied the company’s main object is to conduct training for persons to undertake building work. Payment of the licence application fee for the application for the licence, and the licence fee for the licence, is waived. In this section— relevant documentary evidence means documentary evidence, satisfactory to the commission, of— for an application for a contractor’s licence— if the applicant is an individual—the applicant’s identity, qualifications and experience; or if the applicant is a company—the identity, qualifications and experience of the applicant’s executive officers and nominee; or for an application for a nominee supervisor’s licence—the applicant’s identity, qualifications and experience; or for an application for a site supervisor’s licence—the applicant’s identity and qualifications. s 16 amd 2018 SL No. 218 s 30 ; 2019 SL No. 30 s 31 ; 2020 SL No. 241 s 28 ; 2026 SL No. 9 s 4 (sec.16-ssec.1) For section 33 (1) (b) of the Act , an application for a licence must— be made to the commission; and be accompanied by— the relevant documentary evidence; and for an application for a contractor’s licence—the matters required under the minimum financial requirements; and the licence application fee for the application for the licence, and the licence fee for the licence, stated in schedule 7 . (sec.16-ssec.2) The applicant or, if the applicant is a company, an officer of the company must, at the request of the commission— attend an interview with an officer of the commission to answer questions and provide information about the application; and provide the commission with any further evidence it reasonably requires to decide the application. (sec.16-ssec.3) If the applicant, or the officer, does not, without a reasonable excuse, attend an interview or provide evidence required under this section, the commission may reject the application on that ground. (sec.16-ssec.4) Subsection (5) applies to an application if— the applicant is a company; and the commission is satisfied the company’s main object is to conduct training for persons to undertake building work. (sec.16-ssec.5) Payment of the licence application fee for the application for the licence, and the licence fee for the licence, is waived. (sec.16-ssec.6) In this section— relevant documentary evidence means documentary evidence, satisfactory to the commission, of— for an application for a contractor’s licence— if the applicant is an individual—the applicant’s identity, qualifications and experience; or if the applicant is a company—the identity, qualifications and experience of the applicant’s executive officers and nominee; or for an application for a nominee supervisor’s licence—the applicant’s identity, qualifications and experience; or for an application for a site supervisor’s licence—the applicant’s identity and qualifications.
For section 37B (2) of the Act , the licence fee for a renewal of a licence must be paid at or before 4.30p.m. on the day the licence is due to expire. Payment of the licence fee for a renewal of a licence is waived if— the licensee is a company; and the commission is satisfied the company’s main object is to conduct training for persons to undertake building work. (sec.17-ssec.1) For section 37B (2) of the Act , the licence fee for a renewal of a licence must be paid at or before 4.30p.m. on the day the licence is due to expire. (sec.17-ssec.2) Payment of the licence fee for a renewal of a licence is waived if— the licensee is a company; and the commission is satisfied the company’s main object is to conduct training for persons to undertake building work.
For section 42C (2) (a) of the Act , the fire protection work mentioned in schedule 4 , column 1 is prescribed. For section 42C (2) (b) of the Act , the technical qualifications mentioned in schedule 4 , column 2 are prescribed for the fire protection work mentioned in schedule 4 , column 1. (sec.18-ssec.1) For section 42C (2) (a) of the Act , the fire protection work mentioned in schedule 4 , column 1 is prescribed. (sec.18-ssec.2) For section 42C (2) (b) of the Act , the technical qualifications mentioned in schedule 4 , column 2 are prescribed for the fire protection work mentioned in schedule 4 , column 1.
This section applies if, immediately before the commencement, a person was carrying out work (the relevant work ) that, on the commencement, would be within the scope of work for a relevant fire protection occupational licence. For section 42C (3A) of the Act , the circumstances prescribed are— the person carried out the relevant work for an appropriately licensed contractor before the commencement; and the person continues to carry out the relevant work for an appropriately licensed contractor from the commencement; and the person applies for the relevant fire protection occupational licence on or before the required application day for the licence; and the person’s application mentioned in paragraph (c) has not been withdrawn or decided. In this section— appropriately licensed contractor , in relation to relevant work, means a person who— holds a contractor’s licence authorising the person to carry out the relevant work; or is otherwise authorised under an Act to carry out the relevant work. relevant fire protection occupational licence means a fire protection occupational licence of a class mentioned in— schedule 3 , part 1A , section 1 (1), (3), (4) or (5); or schedule 3 , part 5 , section 1 (1); or schedule 3 , part 10 , section 1 (1). required application day means— for the relevant fire protection occupational licence mentioned in schedule 3 , part 1A , section 1 —1 May 2030; or for another relevant fire protection occupational licence—1 May 2024. s 18A ins 2020 SL No. 223 s 23 (amd 2021 SL No. 37 s 6 ) amd 2025 SL No. 12 s 14 (sec.18A-ssec.1) This section applies if, immediately before the commencement, a person was carrying out work (the relevant work ) that, on the commencement, would be within the scope of work for a relevant fire protection occupational licence. (sec.18A-ssec.2) For section 42C (3A) of the Act , the circumstances prescribed are— the person carried out the relevant work for an appropriately licensed contractor before the commencement; and the person continues to carry out the relevant work for an appropriately licensed contractor from the commencement; and the person applies for the relevant fire protection occupational licence on or before the required application day for the licence; and the person’s application mentioned in paragraph (c) has not been withdrawn or decided. (sec.18A-ssec.3) In this section— appropriately licensed contractor , in relation to relevant work, means a person who— holds a contractor’s licence authorising the person to carry out the relevant work; or is otherwise authorised under an Act to carry out the relevant work. relevant fire protection occupational licence means a fire protection occupational licence of a class mentioned in— schedule 3 , part 1A , section 1 (1), (3), (4) or (5); or schedule 3 , part 5 , section 1 (1); or schedule 3 , part 10 , section 1 (1). required application day means— for the relevant fire protection occupational licence mentioned in schedule 3 , part 1A , section 1 —1 May 2030; or for another relevant fire protection occupational licence—1 May 2024.
The commission may refund the unexpired part of the licence fee paid by a licensee if— the licensee surrenders the licence before the expiry day for the licence; or the licensee dies during the licence period. The unexpired part is the amount worked out using the formula— where— LF means the licence fee paid by the licensee, whether for a 1 year or a 3 year period. WM means the number of whole months before the expiry date for the licence. Y means the number of years for which the licence was renewed. For subsection (2) , a whole month means a month beginning on the day of the calendar month on which the licence was issued and ending on the day before the corresponding day of the next calendar month. for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month (sec.19-ssec.1) The commission may refund the unexpired part of the licence fee paid by a licensee if— the licensee surrenders the licence before the expiry day for the licence; or the licensee dies during the licence period. (sec.19-ssec.2) The unexpired part is the amount worked out using the formula— where— LF means the licence fee paid by the licensee, whether for a 1 year or a 3 year period. WM means the number of whole months before the expiry date for the licence. Y means the number of years for which the licence was renewed. (sec.19-ssec.3) For subsection (2) , a whole month means a month beginning on the day of the calendar month on which the licence was issued and ending on the day before the corresponding day of the next calendar month. for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month
For section 43D of the Act , definition owner-builder course , the course prescribed is the Course in Preparation for Owner Builder Permit 10274NAT or a course the commission considers is at least equivalent to that course.
For section 44B (4) (a) of the Act , the following are exceptional circumstances— the work to be carried out would help an applicant who is suffering from a serious medical condition; the work to be carried out would help a person who is living with the applicant and suffering from a serious medical condition; the work to be carried out would help an applicant who is suffering severe financial hardship; the work to be carried out would help a person who is living with the applicant and suffering severe financial hardship.
The notice to be given to a prospective purchaser of land under section 47 (1) of the Act must— state that building work detailed in the notice has been carried out under an owner-builder permit by a person named in the notice; and contain a warning in the following terms— ‘WARNING—THE BUILDING WORK TO WHICH THIS NOTICE RELATES IS NOT COVERED BY INSURANCE UNDER THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991.’. The notice must be given in duplicate, and the purchaser must sign 1 copy of the notice and return it to the vendor on or before signing the contract. (sec.22-ssec.1) The notice to be given to a prospective purchaser of land under section 47 (1) of the Act must— state that building work detailed in the notice has been carried out under an owner-builder permit by a person named in the notice; and contain a warning in the following terms— ‘WARNING—THE BUILDING WORK TO WHICH THIS NOTICE RELATES IS NOT COVERED BY INSURANCE UNDER THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991.’. (sec.22-ssec.2) The notice must be given in duplicate, and the purchaser must sign 1 copy of the notice and return it to the vendor on or before signing the contract.
For section 67AR of the Act , each of the following is a demerit offence— an offence against a provision of the Act stated in schedule 5 , column 1; a contravention of a requirement imposed under a provision of the Act stated in schedule 5 , column 1.
For section 67AW (2) (a) of the Act , the number of points allocated to a demerit offence is the number stated opposite the offence in schedule 5 , column 2. However, each conviction of a person for a demerit offence against section 73 of the Act is allocated a total of 10 demerit points, inclusive of the number of demerit points stated opposite the offence in schedule 5 , column 2, if the commission is satisfied the building work to which the offence relates— is work relating to the structural performance, safety or integrity of a building; or causes a hazard to public health, public safety or the environment generally; or causes a person to suffer significant financial loss. s 24 amd 2018 SL No. 177 s 21 (sec.24-ssec.1) For section 67AW (2) (a) of the Act , the number of points allocated to a demerit offence is the number stated opposite the offence in schedule 5 , column 2. (sec.24-ssec.2) However, each conviction of a person for a demerit offence against section 73 of the Act is allocated a total of 10 demerit points, inclusive of the number of demerit points stated opposite the offence in schedule 5 , column 2, if the commission is satisfied the building work to which the offence relates— is work relating to the structural performance, safety or integrity of a building; or causes a hazard to public health, public safety or the environment generally; or causes a person to suffer significant financial loss.
For section 67X (4) of the Act , the name of the statutory insurance scheme is the Queensland Home Warranty Scheme.
For section 67WB (1) (f) of the Act , the following work is prescribed— work on or for a duplex or multiple dwelling if the duplex or multiple dwelling is more than 3 storeys; work for tiling the kitchen in a single residential unit in a 4-storey duplex work for renovating the bathroom of a single residential unit in a 10-storey multiple dwelling work on or for a building used or proposed to be used for a purpose related to the use of a duplex, or proposed duplex, of more than 3 storeys; work on or for a building used or proposed to be used for a purpose related to the use of a multiple dwelling, or proposed multiple dwelling, of more than 3 storeys; work on or for a building that is— on, or proposed to be on, the site of a residence or proposed residence; and used, or proposed to be used, primarily for a purpose that is not related to the use of the residence or proposed residence; work on or for a class 1b, 3, 4, 5, 6, 7b, 8 or 9 building; work on or for a class 7a building unless the building is, or is proposed to be, used with a class 2 building; work for the erection, construction or installation of a swimming pool that is, or is proposed to be, used primarily for a purpose that is not related to the use of a residence or proposed residence; work for the erection, construction or installation of a structure that is not fixed. work for installing a portable spa pool
For section 67WC (1) (e) of the Act , the following building work is prescribed— building work for the renovation, alteration, extension, improvement or repair of the building envelope for a residence or related roofed building; painting an external wall of a residence or related roofed building extending the building envelope for a residence by constructing a patio building work for a structure attached to the external part of a residence or related roofed building if the structure does not have any other supporting structure; an awning or handrail that is attached to a residence and does not have any other supporting structure a soffit or cladding building work for a structure attached to the external part of a residence or related roofed building if the structure is for— the primary water supply to the residence or related roofed building; or sewerage or drainage for the residence or related roofed building; or stormwater discharge for the residence or related roofed building; installing a water tank for the primary water supply to a residence altering an existing water pipe for the primary water supply to a residence repairing a downpipe or gutter that drains stormwater from a related roofed building to a stormwater drain extending a sanitary drain that connects a residence to a main of a sewerage system building work for an elevated platform, including a verandah and deck, that is attached to a residence or related roofed building; building work for stairs, a ramp or a similar structure providing access to a residence or related roofed building if the stairs, ramp or structure is, or is to be, permanently attached to the residence or related roofed building; building work for the installation, repair or replacement of support structures for a residence or related roofed building. replacement of a stump for a residence or related roofed building installation or repair of a retaining wall that supports a residence or related roofed building installation of underpinning for a residence or related roofed building
For section 67WC (2) (e) of the Act , the following work is prescribed— work mentioned in schedule 1 , section 26 , 29 , 30 , 32 , 36 , 40 or 45 ; installation of electrical appliances intended to be permanently fixed to a residence or related roofed building; installation, renovation, repair or replacement of any of the following— a cubbyhouse; a structure for housing animals; a doghouse a shade sail or fixed umbrella; telephone or data cables; a water meter; a water tank that is not for the primary water supply to a residence or related roofed building; construction of a slab if— the slab is not within, or not attached or connected to, the building envelope of a residence or related roofed building; or the work for the construction of the slab does not include the erection or construction of a residence, related roofed building or swimming pool on the slab. In this section— electrical appliance means an instrument, apparatus or device that is connected to an electricity supply by means of a flexible cord plug and socket outlet. s 28 amd 2020 SL No. 223 s 24 (sec.28-ssec.1) For section 67WC (2) (e) of the Act , the following work is prescribed— work mentioned in schedule 1 , section 26 , 29 , 30 , 32 , 36 , 40 or 45 ; installation of electrical appliances intended to be permanently fixed to a residence or related roofed building; installation, renovation, repair or replacement of any of the following— a cubbyhouse; a structure for housing animals; a doghouse a shade sail or fixed umbrella; telephone or data cables; a water meter; a water tank that is not for the primary water supply to a residence or related roofed building; construction of a slab if— the slab is not within, or not attached or connected to, the building envelope of a residence or related roofed building; or the work for the construction of the slab does not include the erection or construction of a residence, related roofed building or swimming pool on the slab. (sec.28-ssec.2) In this section— electrical appliance means an instrument, apparatus or device that is connected to an electricity supply by means of a flexible cord plug and socket outlet.
For section 67WE (4) of the Act , the number of storeys of a building is calculated by excluding 1 storey of the building if more than 50% of the floor area of at least 1 storey of the building is designed to accommodate motor vehicles. If a building has 3 storeys containing residential units and another storey of which more than 50% of the floor area is designed to accommodate motor vehicles, the number of storeys of the building is 3.
For section 67Y of the Act , the terms of cover are stated in schedule 6 . The terms of cover apply to the following work— residential construction work; work performed by either of the following persons if the work is associated with residential construction work— an architect in the architect’s professional practice; an engineer in the engineer’s professional practice. The terms of cover under the statutory insurance scheme for residential construction work are the terms of cover stated in schedule 6 when— if the consumer for the work obtains optional additional cover—the optional additional cover comes into force for the work; or otherwise—cover under the statutory insurance scheme comes into force for the work. See section 68I of the Act for when cover under the statutory insurance scheme comes into force for residential construction work. (sec.30-ssec.1) For section 67Y of the Act , the terms of cover are stated in schedule 6 . (sec.30-ssec.2) The terms of cover apply to the following work— residential construction work; work performed by either of the following persons if the work is associated with residential construction work— an architect in the architect’s professional practice; an engineer in the engineer’s professional practice. (sec.30-ssec.3) The terms of cover under the statutory insurance scheme for residential construction work are the terms of cover stated in schedule 6 when— if the consumer for the work obtains optional additional cover—the optional additional cover comes into force for the work; or otherwise—cover under the statutory insurance scheme comes into force for the work. See section 68I of the Act for when cover under the statutory insurance scheme comes into force for residential construction work.
For section 67Z (4) of the Act , schedule 6 provides for other matters relating to optional additional cover. For section 67Z (5) of the Act , definition optional additional cover , the additional assistance provided to a person and the additional compensation to be paid under the statutory insurance scheme are stated in schedule 6 . (sec.31-ssec.1) For section 67Z (4) of the Act , schedule 6 provides for other matters relating to optional additional cover. (sec.31-ssec.2) For section 67Z (5) of the Act , definition optional additional cover , the additional assistance provided to a person and the additional compensation to be paid under the statutory insurance scheme are stated in schedule 6 .
For section 68 (4) of the Act , if a building contractor carries out residential construction work, a person who is an associate of the building contractor is not entitled to assistance under the statutory insurance scheme in relation to the work. In this section— associate , of a building contractor, means— if the building contractor is an individual— the individual’s spouse or child; or a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or a corporation of which the individual is an executive officer; or a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or if the building contractor is a corporation— an executive officer of the corporation; or a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or a shareholder with a significant shareholding a financier a senior employee an executive officer of another corporation that holds a controlling interest in the corporation the spouse or child of a person mentioned in subparagraph (i) , (ii) or (vii) ; or a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or a related body corporate of the corporation; or the corporation’s nominee. building contractor does not include a subcontractor who carries out building work for a building contractor. related body corporate see the Corporations Act , section 50 . (sec.32-ssec.1) For section 68 (4) of the Act , if a building contractor carries out residential construction work, a person who is an associate of the building contractor is not entitled to assistance under the statutory insurance scheme in relation to the work. (sec.32-ssec.2) In this section— associate , of a building contractor, means— if the building contractor is an individual— the individual’s spouse or child; or a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or a corporation of which the individual is an executive officer; or a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or if the building contractor is a corporation— an executive officer of the corporation; or a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or a shareholder with a significant shareholding a financier a senior employee an executive officer of another corporation that holds a controlling interest in the corporation the spouse or child of a person mentioned in subparagraph (i) , (ii) or (vii) ; or a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or a related body corporate of the corporation; or the corporation’s nominee. building contractor does not include a subcontractor who carries out building work for a building contractor. related body corporate see the Corporations Act , section 50 .
This division prescribes, for section 68D (5) of the Act , the way to calculate the insurable value of particular residential construction work.
This section applies if residential construction work includes any of the following work— residential construction work for the erection or construction of a multiple dwelling; residential construction work for the alteration or repair of the footings or slab of a multiple dwelling; residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a multiple dwelling; residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a multiple dwelling in the community titles scheme; residential construction work for the renovation, alteration, extension, improvement or repair of 2 or more residential units in a multiple dwelling if the residential units are owned by the same person. The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out. See also sections 38 and 39 . However, this section applies to residential construction work mentioned in subsection (1) (c) , (d) or (e) only if the insurable value of the work is— for work mentioned in subsection (1) (c) —more than $5,000; or for work mentioned in subsection (1) (d) or (e) —more than $20,000. (sec.34-ssec.1) This section applies if residential construction work includes any of the following work— residential construction work for the erection or construction of a multiple dwelling; residential construction work for the alteration or repair of the footings or slab of a multiple dwelling; residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a multiple dwelling; residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a multiple dwelling in the community titles scheme; residential construction work for the renovation, alteration, extension, improvement or repair of 2 or more residential units in a multiple dwelling if the residential units are owned by the same person. (sec.34-ssec.2) The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out. See also sections 38 and 39 . (sec.34-ssec.3) However, this section applies to residential construction work mentioned in subsection (1) (c) , (d) or (e) only if the insurable value of the work is— for work mentioned in subsection (1) (c) —more than $5,000; or for work mentioned in subsection (1) (d) or (e) —more than $20,000.
This section applies if residential construction work includes any of the following work and section 34 does not apply in relation to the work— residential construction work for the erection or construction of a duplex; residential construction work for the alteration or repair of the footings or slab of a duplex; residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a duplex; residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a duplex in the community titles scheme; residential construction work for the renovation, alteration, extension, improvement or repair of both residential units in a duplex. The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out. See also sections 38 and 39 . However, this section applies to residential construction work mentioned in subsection (1) (c) , (d) or (e) only if the insurable value of the work is— for work mentioned in subsection (1) (c) —more than $5,000; or for work mentioned in subsection (1) (d) or (e) —more than $20,000. (sec.35-ssec.1) This section applies if residential construction work includes any of the following work and section 34 does not apply in relation to the work— residential construction work for the erection or construction of a duplex; residential construction work for the alteration or repair of the footings or slab of a duplex; residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a duplex; residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a duplex in the community titles scheme; residential construction work for the renovation, alteration, extension, improvement or repair of both residential units in a duplex. (sec.35-ssec.2) The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out. See also sections 38 and 39 . (sec.35-ssec.3) However, this section applies to residential construction work mentioned in subsection (1) (c) , (d) or (e) only if the insurable value of the work is— for work mentioned in subsection (1) (c) —more than $5,000; or for work mentioned in subsection (1) (d) or (e) —more than $20,000.
This section applies if— residential construction work includes building work for 2 or more detached dwellings; and section 34 or 35 does not apply in relation to the work. The insurable value of the residential construction work for each living unit is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out. See also section 39 . (sec.36-ssec.1) This section applies if— residential construction work includes building work for 2 or more detached dwellings; and section 34 or 35 does not apply in relation to the work. (sec.36-ssec.2) The insurable value of the residential construction work for each living unit is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.
In this division, a reference to the following work only includes building work that is primary building work— residential construction work mentioned in section 34 (1) (b) , (c) or (d) ; residential construction work mentioned in section 35 (1) (b) , (c) or (d) . However, for calculating an amount mentioned in the following sections, residential construction work that is not primary building work is included— section 34 (1) (c) or (d) (ii) ; section 35 (1) (c) or (d) (ii) . In this section— primary building work means relevant work for a duplex or multiple dwelling if— the relevant work is— within the building envelope, or for the renovation, alteration, extension, improvement or repair of the building envelope, for the duplex or multiple dwelling; or for the guttering of a duplex or multiple dwelling; and the insurable value of the relevant work is more than the regulated amount within the meaning of section 67WC of the Act . relevant work , for a duplex or multiple dwelling— means any of the following work that is primary insurable work— building work that affects the structural performance of the duplex or multiple dwelling; building work for the relocation or replacement of a roof, wall, internal partition, floor or foundation for the duplex or multiple dwelling; building work for the replacement or refitting of fixtures or fittings in a bathroom or kitchen in the duplex or multiple dwelling; building work for an unenclosed, elevated platform or verandah, including a deck, attached to the duplex or multiple dwelling; building work that increases the covered floor area of the duplex or multiple dwelling; building work for the installation or repair of the primary water supply to, or sewerage or drainage for, the duplex or multiple dwelling; and does not include painting. (sec.37-ssec.1) In this division, a reference to the following work only includes building work that is primary building work— residential construction work mentioned in section 34 (1) (b) , (c) or (d) ; residential construction work mentioned in section 35 (1) (b) , (c) or (d) . (sec.37-ssec.2) However, for calculating an amount mentioned in the following sections, residential construction work that is not primary building work is included— section 34 (1) (c) or (d) (ii) ; section 35 (1) (c) or (d) (ii) . (sec.37-ssec.3) In this section— primary building work means relevant work for a duplex or multiple dwelling if— the relevant work is— within the building envelope, or for the renovation, alteration, extension, improvement or repair of the building envelope, for the duplex or multiple dwelling; or for the guttering of a duplex or multiple dwelling; and the insurable value of the relevant work is more than the regulated amount within the meaning of section 67WC of the Act . relevant work , for a duplex or multiple dwelling— means any of the following work that is primary insurable work— building work that affects the structural performance of the duplex or multiple dwelling; building work for the relocation or replacement of a roof, wall, internal partition, floor or foundation for the duplex or multiple dwelling; building work for the replacement or refitting of fixtures or fittings in a bathroom or kitchen in the duplex or multiple dwelling; building work for an unenclosed, elevated platform or verandah, including a deck, attached to the duplex or multiple dwelling; building work that increases the covered floor area of the duplex or multiple dwelling; building work for the installation or repair of the primary water supply to, or sewerage or drainage for, the duplex or multiple dwelling; and does not include painting.
This section applies if— residential construction work is for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme; and the work is in or on a duplex or multiple dwelling in the community titles scheme. The work is taken to be carried out for all residential units in the duplex or multiple dwelling. However, subsection (2) does not apply if the residential construction work is only for common property the subject of an exclusive use by-law under the Body Corporate and Community Management Act 1997 . (sec.38-ssec.1) This section applies if— residential construction work is for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme; and the work is in or on a duplex or multiple dwelling in the community titles scheme. (sec.38-ssec.2) The work is taken to be carried out for all residential units in the duplex or multiple dwelling. (sec.38-ssec.3) However, subsection (2) does not apply if the residential construction work is only for common property the subject of an exclusive use by-law under the Body Corporate and Community Management Act 1997 .
For this division and schedule 6 — a single detached dwelling is taken to be 1 living unit; and a residential unit is taken to be 1 living unit; and a duplex is taken to be 2 living units.
For section 68F (2) of the Act , the following matters must be included in a notice of cover for residential construction work— a description of the work; the name and licence number of the licensed contractor carrying out, or who is to carry out, the work; the address, including the lot on plan description, of the site where the work is being or is to be carried out; an amount representing the commission’s assessment of the insurable value of the work when issuing the notice; the insurance premium paid for the work; whether optional additional cover has been obtained for the work; general information about when cover under the statutory insurance scheme comes into force; general information about the period within which a claim under the statutory insurance scheme must be made. In this section— licensed contractor see schedule 6 , section 2 . (sec.40-ssec.1) For section 68F (2) of the Act , the following matters must be included in a notice of cover for residential construction work— a description of the work; the name and licence number of the licensed contractor carrying out, or who is to carry out, the work; the address, including the lot on plan description, of the site where the work is being or is to be carried out; an amount representing the commission’s assessment of the insurable value of the work when issuing the notice; the insurance premium paid for the work; whether optional additional cover has been obtained for the work; general information about when cover under the statutory insurance scheme comes into force; general information about the period within which a claim under the statutory insurance scheme must be made. (sec.40-ssec.2) In this section— licensed contractor see schedule 6 , section 2 .
For section 70C of the Act , this section prescribes how to calculate the part of an insurance premium refundable because a variation of the value of residential construction work results in a decrease in the value of the work. The refundable part of the insurance premium is the difference between the amount of the premium paid for the residential construction work before the variation and the amount of the premium that would have been payable on the decreased value. (sec.41-ssec.1) For section 70C of the Act , this section prescribes how to calculate the part of an insurance premium refundable because a variation of the value of residential construction work results in a decrease in the value of the work. (sec.41-ssec.2) The refundable part of the insurance premium is the difference between the amount of the premium paid for the residential construction work before the variation and the amount of the premium that would have been payable on the decreased value.
The amount prescribed for section 71A (4) of the Act is $20,000.
For section 71F of the Act , residential construction work is taken to start when— if the work includes the erection or construction of a footing system or slab or the provision of sewerage or drainage on a site—the erection or construction of the footing system or slab, or the provision of sewerage or drainage, physically starts on the site; or otherwise—work for the renovation, alteration, extension, improvement or repair of an existing building on a site physically starts on the site. In this section— physically starts , for residential construction work, does not include starting any of the following— the preparation of plans or specifications for the performance of the work; design work; administration services; earthmoving or excavating; site work related to the residential construction work. (sec.43-ssec.1) For section 71F of the Act , residential construction work is taken to start when— if the work includes the erection or construction of a footing system or slab or the provision of sewerage or drainage on a site—the erection or construction of the footing system or slab, or the provision of sewerage or drainage, physically starts on the site; or otherwise—work for the renovation, alteration, extension, improvement or repair of an existing building on a site physically starts on the site. (sec.43-ssec.2) In this section— physically starts , for residential construction work, does not include starting any of the following— the preparation of plans or specifications for the performance of the work; design work; administration services; earthmoving or excavating; site work related to the residential construction work.
An interested person for land or a manufactured home may, on payment of the fee stated in schedule 7 for a request for an insurance information statement, ask the commission for an insurance information statement about the land or manufactured home. The commission must comply with the request. In this section— home owner , of a manufactured home, means a home owner under the Manufactured Homes (Residential Parks) Act 2003 . interested person , for land or a manufactured home, means— an owner of the land; or a home owner of the manufactured home; or a prospective purchaser of the land or manufactured home; or the agent of a person mentioned in paragraph (a) , (b) or (c) . owner , of land, includes the body corporate that under an approved determination of native title under the Native Title Act 1993 (Cwlth) has the exclusive right to regulate possession, occupation, use and enjoyment of the land. See also schedule 2 of the Act , definition owner . prospective purchaser , of land or a manufactured home, means a person who the commission is satisfied— if the land or manufactured home is offered or advertised for sale—is investigating purchasing the land or manufactured home; or has entered into a contract with the owner of the land or the home owner of the manufactured home for the purchase of the land or manufactured home. (sec.44-ssec.1) An interested person for land or a manufactured home may, on payment of the fee stated in schedule 7 for a request for an insurance information statement, ask the commission for an insurance information statement about the land or manufactured home. (sec.44-ssec.2) The commission must comply with the request. (sec.44-ssec.3) In this section— home owner , of a manufactured home, means a home owner under the Manufactured Homes (Residential Parks) Act 2003 . interested person , for land or a manufactured home, means— an owner of the land; or a home owner of the manufactured home; or a prospective purchaser of the land or manufactured home; or the agent of a person mentioned in paragraph (a) , (b) or (c) . owner , of land, includes the body corporate that under an approved determination of native title under the Native Title Act 1993 (Cwlth) has the exclusive right to regulate possession, occupation, use and enjoyment of the land. See also schedule 2 of the Act , definition owner . prospective purchaser , of land or a manufactured home, means a person who the commission is satisfied— if the land or manufactured home is offered or advertised for sale—is investigating purchasing the land or manufactured home; or has entered into a contract with the owner of the land or the home owner of the manufactured home for the purchase of the land or manufactured home.
For schedule 1B of the Act , section 7 (2) , definition level 2 amount , the prescribed amount is $20,000.
For schedule 1B of the Act , section 9 (2) , each of the following is declared not to be a home— premises not intended to be used for permanent habitation; a guesthouse, hostel or similar establishment; a motel, residential club, residential hotel, residential part of a licensed premises or a serviced apartment; a hospital, nursing home, aged care home, hostel or retirement village; residential premises associated with a hospital or educational institution; residential premises specifically set aside as a place at which specialised care services are supplied to children or disabled persons residing at the place; a prison or similar establishment; a caravan.
For schedule 1B of the Act , section 46 (1) , the commission must publish the consumer building guide on the commission’s website.
For section 25 (4) of the Act , the single amount is $2,769,000.
For section 28B (4) of the Act , definition relevant agency , paragraph (d) , each of the following agencies is prescribed— an agency of the Commonwealth or another State that has functions similar to all or some of the functions of the commission; an agency of the Commonwealth or another State that has functions similar to the functions of any of the following entities— the Queensland Police Service; the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 ; the Crime and Corruption Commission; a health and safety regulator within the meaning of section 28A of the Act ; the WHS prosecutor under the Work Health and Safety Act 2011 ; an agency of the Commonwealth or another State that is a member of the Phoenix Taskforce prescribed under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , section 355 -70(12), in the entity’s capacity as a member of the taskforce; the Australian Securities and Investments Commission; an agency of the Commonwealth or another State that has functions including the promotion of competition and fair trading or providing consumer protection. s 48A ins 2020 SL No. 241 s 29
For section 52 of the Act , a sign must— be made of weatherproof materials; and have a surface area of at least 0.5m 2 ; and be printed in letters at least 5cm high and placed in a way that can be easily read from the nearest street alignment.
For section 54 (c) of the Act , the information to be included in an advertisement under section 54 (a) and (b) of the Act must— if written—be easily read; or if spoken—be no less audible and clear than other spoken material contained in the advertisement.
The notice required by section 55 of the Act must be in writing and contain the following information— the name under which the company is licensed; the licence number and class of licence held by the company; the full name, address and licence number of the former nominee; the date on which the former nominee ceased to be a nominee of the company; for a change of nominee— the full name, address and licence number of the new nominee; and the date on which the new nominee became the nominee of the company. The notice must also contain the name of a director of the company or an officer authorised by the company to give the notice, and be signed by the director or officer. (sec.51-ssec.1) The notice required by section 55 of the Act must be in writing and contain the following information— the name under which the company is licensed; the licence number and class of licence held by the company; the full name, address and licence number of the former nominee; the date on which the former nominee ceased to be a nominee of the company; for a change of nominee— the full name, address and licence number of the new nominee; and the date on which the new nominee became the nominee of the company. (sec.51-ssec.2) The notice must also contain the name of a director of the company or an officer authorised by the company to give the notice, and be signed by the director or officer.
For section 56 (1) (c) of the Act , an advertisement must, in addition to stating the name under which the licensed contractor is licensed, state— that the contractor is licensed under the Act ; and the contractor’s licence number. The information mentioned in subsection (1) must— if written—be able to be easily read; or if spoken—be no less audible and clear than other spoken material contained in the advertisement. (sec.52-ssec.1) For section 56 (1) (c) of the Act , an advertisement must, in addition to stating the name under which the licensed contractor is licensed, state— that the contractor is licensed under the Act ; and the contractor’s licence number. (sec.52-ssec.2) The information mentioned in subsection (1) must— if written—be able to be easily read; or if spoken—be no less audible and clear than other spoken material contained in the advertisement.
For section 67V (2) of the Act , the following form of warning is prescribed— ‘APPROVED WARNING UNDER SECTION 67V OF THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 This contract is a construction management trade contract, not a subcontract. You should be aware that, unlike a subcontract, under this contract the contracting party responsible for making payments to you (whether directly to you, or through the construction manager identified in this contract) is not required to demonstrate financial capacity to undertake the project under the Queensland Building and Construction Commission Act 1991 or any other legislation. You should make your own enquiries to satisfy yourself that the contracting party responsible for making payments to you under this contract has the financial capacity to fulfil its financial obligations to you.’. The warning in subsection (1) must be— on the first page of the contract; and in bold type of at least 12 point font size. (sec.53-ssec.1) For section 67V (2) of the Act , the following form of warning is prescribed— ‘APPROVED WARNING UNDER SECTION 67V OF THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 This contract is a construction management trade contract, not a subcontract. You should be aware that, unlike a subcontract, under this contract the contracting party responsible for making payments to you (whether directly to you, or through the construction manager identified in this contract) is not required to demonstrate financial capacity to undertake the project under the Queensland Building and Construction Commission Act 1991 or any other legislation. You should make your own enquiries to satisfy yourself that the contracting party responsible for making payments to you under this contract has the financial capacity to fulfil its financial obligations to you.’. (sec.53-ssec.2) The warning in subsection (1) must be— on the first page of the contract; and in bold type of at least 12 point font size.
For section 72 (4) of the Act , the period— starts on the day the direction is made, as stated in the direction; and ends on the day that is 35 days after the day mentioned in paragraph (a) . s 53A ins 2021 SL No. 164 s 3
For section 77 (3) (c) of the Act , interest is payable on the amount of damages awarded— if the parties have entered into a contract—at the rate provided under the contract; or at the rate agreed between the parties; or otherwise—at the rate of 10%. The interest is payable on and from the day after the day the amount became payable until and including the day the amount is paid. (sec.54-ssec.1) For section 77 (3) (c) of the Act , interest is payable on the amount of damages awarded— if the parties have entered into a contract—at the rate provided under the contract; or at the rate agreed between the parties; or otherwise—at the rate of 10%. (sec.54-ssec.2) The interest is payable on and from the day after the day the amount became payable until and including the day the amount is paid.
For section 99 (2) (e) of the Act , the particulars are the following— if applicable, the licensee’s ABN; if the licensee is a company—the licencee’s ACN; for a licensee who holds a licence that authorises the licensee to carry out residential construction work— the value of residential construction work carried out by the licensee other than work carried out as a subcontractor; and the number of projects involving residential construction work for which the licensee has carried out, or agreed to carry out, building work as a licensee; and if the licensee is a company—the full name and business address of the secretary of the company; the licensee’s current allowable annual turnover category; if the licensee is a company and the nominee, a licensed director or a licensed secretary of the company is, or within the last 10 years was, a nominee, licensed director or licensed secretary of another company (the other company ) that was a licensee at the relevant time—the name of the other company. If the secretary of a company mentioned in subsection (1) (c) (iii) does not have a business address, the register must instead contain the secretary’s residential address. In this section— allowable annual turnover , for an applicant for a licence or a licensee, means the allowable annual turnover calculated for the applicant or licensee under the minimum financial requirements. allowable annual turnover category , for a licensee, means the category designated, under the minimum financial requirements, for the licensee’s allowable annual turnover. licensed director means a director of a company if— the company is, or is required to be, a licensee; and the director is also, or is also required to be, a licensee. licensed secretary means a secretary of a company if— the company is, or is required to be, a licensee; and the secretary is also, or is also required to be, a licensee. relevant time means any time during which the person mentioned in subsection (1) (e) is or was a nominee, a licensed director or a licensed secretary of the other company. s 55 amd 2018 SL No. 218 s 30 ; 2020 SL No. 241 s 30 (sec.55-ssec.1) For section 99 (2) (e) of the Act , the particulars are the following— if applicable, the licensee’s ABN; if the licensee is a company—the licencee’s ACN; for a licensee who holds a licence that authorises the licensee to carry out residential construction work— the value of residential construction work carried out by the licensee other than work carried out as a subcontractor; and the number of projects involving residential construction work for which the licensee has carried out, or agreed to carry out, building work as a licensee; and if the licensee is a company—the full name and business address of the secretary of the company; the licensee’s current allowable annual turnover category; if the licensee is a company and the nominee, a licensed director or a licensed secretary of the company is, or within the last 10 years was, a nominee, licensed director or licensed secretary of another company (the other company ) that was a licensee at the relevant time—the name of the other company. (sec.55-ssec.2) If the secretary of a company mentioned in subsection (1) (c) (iii) does not have a business address, the register must instead contain the secretary’s residential address. (sec.55-ssec.3) In this section— allowable annual turnover , for an applicant for a licence or a licensee, means the allowable annual turnover calculated for the applicant or licensee under the minimum financial requirements. allowable annual turnover category , for a licensee, means the category designated, under the minimum financial requirements, for the licensee’s allowable annual turnover. licensed director means a director of a company if— the company is, or is required to be, a licensee; and the director is also, or is also required to be, a licensee. licensed secretary means a secretary of a company if— the company is, or is required to be, a licensee; and the secretary is also, or is also required to be, a licensee. relevant time means any time during which the person mentioned in subsection (1) (e) is or was a nominee, a licensed director or a licensed secretary of the other company. s 55 amd 2018 SL No. 218 s 30 ; 2020 SL No. 241 s 30
For section 106O (4) of the Act , the prescribed classes of person for examining a building product or sample are— if an Australian Standard states a way to examine the building product or sample— persons accredited by NATA to examine the building product or sample; and persons accredited by another entity to examine the building product or sample, if the accreditation is recognised by NATA under a written agreement between NATA and the entity; or if paragraph (a) does not apply—persons the commissioner is satisfied are appropriately qualified to examine the building product or sample in the way mentioned in subsection (2) (b) . For section 106O (4) of the Act , the prescribed way to examine a building product or sample is— if an Australian Standard states a way to examine the building product or sample—the stated way; or if paragraph (a) does not apply—a way the commissioner is satisfied is appropriate for examining the building product or sample for the purposes of part 6AA of the Act . The commissioner must keep a record of persons mentioned in subsection (1) (b) . In this section— NATA means the National Association of Testing Authorities Australia ABN 59 004 379 748. (sec.56-ssec.1) For section 106O (4) of the Act , the prescribed classes of person for examining a building product or sample are— if an Australian Standard states a way to examine the building product or sample— persons accredited by NATA to examine the building product or sample; and persons accredited by another entity to examine the building product or sample, if the accreditation is recognised by NATA under a written agreement between NATA and the entity; or if paragraph (a) does not apply—persons the commissioner is satisfied are appropriately qualified to examine the building product or sample in the way mentioned in subsection (2) (b) . (sec.56-ssec.2) For section 106O (4) of the Act , the prescribed way to examine a building product or sample is— if an Australian Standard states a way to examine the building product or sample—the stated way; or if paragraph (a) does not apply—a way the commissioner is satisfied is appropriate for examining the building product or sample for the purposes of part 6AA of the Act . (sec.56-ssec.3) The commissioner must keep a record of persons mentioned in subsection (1) (b) . (sec.56-ssec.4) In this section— NATA means the National Association of Testing Authorities Australia ABN 59 004 379 748.
For section 110 (3) (c) (ii) of the Act , the Building Industry Fairness (Security of Payment) Act 2017 is prescribed. s 56A ins 2020 SL No. 241 s 31
For schedule 1 , section 76 of the Act , the following policies are approved— Rectification of Building Work made by the board on 16 May 2014; Minimum Financial Requirements made by the board on 28 August 2015.
The fees payable under the Act are stated in schedule 7 . A reference in schedule 7 to a particular category applying to a licence is a reference to the category of that name that applies under the minimum financial requirements. s 58 amd 2018 SL No. 218 s 30 (sec.58-ssec.1) The fees payable under the Act are stated in schedule 7 . (sec.58-ssec.2) A reference in schedule 7 to a particular category applying to a licence is a reference to the category of that name that applies under the minimum financial requirements.
In this division— expired regulation means the expired Queensland Building and Construction Commission Regulation 2003 . s 59 amd 2019 SL No. 213 s 12
For section 30 (4) of the Act , the following classes of licence are specified— building restricted to alterations and additions building restricted to external finishes building restricted to building removal building restricted to renovations, repairs and maintenance building restricted to repairs and maintenance building restricted to non-structural renovations carpentry (formwork) carpentry restricted to framing carpentry restricted to lattice and other timber work concreting restricted to concrete repairs concreting restricted to light concreting concreting restricted to minor repairs concreting restricted to special finishes specialised contracting—screw-in foundations floor finishing and covering restricted to floor sanding and finishing—timber floors floor finishing and covering restricted to install floating flooring floor finishing and covering restricted to install strip flooring (non-structural) floor finishing and covering restricted to seamless flooring floor finishing and covering restricted to install cork flooring floor finishing and covering restricted to install parquetry flooring painting restricted to roof painting painting restricted to special finishes plastering drywall restricted to cornice fixing plastering drywall restricted to partition installation plastering drywall restricted to plaster setting plastering drywall restricted to suspended ceiling fixing plastering drywall restricted to wallboard fixing plumbing and draining restricted to plumbing plumbing and draining restricted to wall cladding plumbing and draining restricted to skylight and ventilator installation plumbing and draining restricted to tanks—water supply specialised contracting—solid fuel heater installation refrigeration, air conditioning and mechanical services restricted to multipackaged residential air conditioning equipment and plant refrigeration, air conditioning and mechanical services restricted to residential evaporative cooling equipment refrigeration, air conditioning and mechanical services restricted to self-contained window package residential air conditioning installation roof tiling restricted to roof tile maintenance structural landscaping restricted to fences structural landscaping restricted to retaining walls swimming pool and spa construction restricted to finishes. See also section 43 of the expired regulation. While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the repealed Queensland Building Services Authority Regulation 1992 as in force immediately before 1 September 2003 are taken to continue to apply to the licence. (sec.60-ssec.1) For section 30 (4) of the Act , the following classes of licence are specified— building restricted to alterations and additions building restricted to external finishes building restricted to building removal building restricted to renovations, repairs and maintenance building restricted to repairs and maintenance building restricted to non-structural renovations carpentry (formwork) carpentry restricted to framing carpentry restricted to lattice and other timber work concreting restricted to concrete repairs concreting restricted to light concreting concreting restricted to minor repairs concreting restricted to special finishes specialised contracting—screw-in foundations floor finishing and covering restricted to floor sanding and finishing—timber floors floor finishing and covering restricted to install floating flooring floor finishing and covering restricted to install strip flooring (non-structural) floor finishing and covering restricted to seamless flooring floor finishing and covering restricted to install cork flooring floor finishing and covering restricted to install parquetry flooring painting restricted to roof painting painting restricted to special finishes plastering drywall restricted to cornice fixing plastering drywall restricted to partition installation plastering drywall restricted to plaster setting plastering drywall restricted to suspended ceiling fixing plastering drywall restricted to wallboard fixing plumbing and draining restricted to plumbing plumbing and draining restricted to wall cladding plumbing and draining restricted to skylight and ventilator installation plumbing and draining restricted to tanks—water supply specialised contracting—solid fuel heater installation refrigeration, air conditioning and mechanical services restricted to multipackaged residential air conditioning equipment and plant refrigeration, air conditioning and mechanical services restricted to residential evaporative cooling equipment refrigeration, air conditioning and mechanical services restricted to self-contained window package residential air conditioning installation roof tiling restricted to roof tile maintenance structural landscaping restricted to fences structural landscaping restricted to retaining walls swimming pool and spa construction restricted to finishes. See also section 43 of the expired regulation. (sec.60-ssec.2) While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the repealed Queensland Building Services Authority Regulation 1992 as in force immediately before 1 September 2003 are taken to continue to apply to the licence.
For section 30 (4) of the Act — the following classes of contractors’ licence are specified— fire suppression systems—special hazards; fire suppression systems—special hazards restricted to carrying out certain work; fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work; and the following classes of nominee supervisor’s licence are specified— fire suppression systems—special hazards; fire suppression systems—special hazards restricted to carrying out certain work; fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work. See also sections 50 and 51 of the expired regulation. While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the expired regulation as in force immediately before 1 January 2009 are taken to continue to apply to the licence. s 61 amd 2019 SL No. 30 s 32 (sec.61-ssec.1) For section 30 (4) of the Act — the following classes of contractors’ licence are specified— fire suppression systems—special hazards; fire suppression systems—special hazards restricted to carrying out certain work; fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work; and the following classes of nominee supervisor’s licence are specified— fire suppression systems—special hazards; fire suppression systems—special hazards restricted to carrying out certain work; fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work. See also sections 50 and 51 of the expired regulation. (sec.61-ssec.2) While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the expired regulation as in force immediately before 1 January 2009 are taken to continue to apply to the licence.
This section applies if an applicant— has satisfactorily completed the following competencies— Test fire protection systems for pressure BCPFS2005A; Test and maintain automatic fire sprinklers BCPFS3009A; and gives the commission evidence that— the applicant was employed, before 1 January 2009, in the fire protection industry; and the applicant’s duties in that employment included the inspection and testing of sprinkler and suppression systems. The applicant is taken to hold the technical qualifications for a fire protection occupational licence in the class of sprinkler and suppression systems (reticulated water-based)—inspect and test. (sec.62-ssec.1) This section applies if an applicant— has satisfactorily completed the following competencies— Test fire protection systems for pressure BCPFS2005A; Test and maintain automatic fire sprinklers BCPFS3009A; and gives the commission evidence that— the applicant was employed, before 1 January 2009, in the fire protection industry; and the applicant’s duties in that employment included the inspection and testing of sprinkler and suppression systems. (sec.62-ssec.2) The applicant is taken to hold the technical qualifications for a fire protection occupational licence in the class of sprinkler and suppression systems (reticulated water-based)—inspect and test.
This section applies if— under the expired regulation as in force immediately before 1 January 2009, completion of a course satisfied the technical requirements for a licence mentioned in column 1 of the table; and a person gives the commission evidence that the person— was enrolled in the course before 1 January 2009; and successfully completed the course before 1 January 2011. The person is taken to satisfy the technical qualifications for a licence of a class mentioned in column 2 of the table shown opposite the licence in column 1 of the table. Column 1 Column 2 1 fire detection systems fire detection, alarm and warning systems—certify fire detection, alarm and warning systems—install and maintain—extra low voltage 2 fire detection systems restricted to carrying out certain work fire detection, alarm and warning systems—install and maintain—extra low voltage 3 fire detection systems restricted certification of, and preparation of reports about, certain work fire detection, alarm and warning systems—certify 4 fire equipment—passive (wall and ceiling lining) passive fire protection—fire and smoke walls and ceilings—certify plastering drywall licence 5 fire equipment—passive (penetration and joint sealing) passive fire protection—fire collars, penetrations and joint sealing—certify, install and maintain 6 fire equipment—passive (fire doors and fire shutters) passive fire protection—fire doors and shutters—certify 7 fire equipment—passive (fire doors and fire shutters) restricted to carrying out certain work passive fire protection—fire doors and shutters—inspect and test 8 fire equipment—passive (fire doors and fire shutters) restricted to certification of, and preparation of reports about, certain work passive fire protection—fire doors and shutters—certify 9 fire fighting appliances fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain 10 fire fighting appliances restricted to carrying out certain work portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain 11 fire fighting appliances restricted to certification of, and preparation of reports about, certain work fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify 12 fire hose reels and fire hydrants fire hydrants and hose reels—certify fire hydrants and hose reels—install and maintain 13 fire hose reels and fire hydrants restricted to carrying out certain work fire hydrants and hose reels—install and maintain 14 fire hose reels and fire hydrants restricted to certification of, and preparation of reports about, certain work fire hydrants and hose reels—certify 15 fixed fire pump sets fire pumps—certify fire pumps—install and maintain 16 fixed fire pump sets restricted to carrying out certain work fire pumps—install and maintain 17 fixed fire pump sets restricted to certification of, and preparation of reports about, certain work fire pumps—certify 18 fire sprinkler systems (domestic and residential) sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certify sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain 19 fire sprinkler systems (domestic and residential) restricted to carrying out certain work sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain 20 fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certify 21 fire sprinkler systems (other than domestic and residential) sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certify sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain 22 fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain 23 fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certify 24 fire sprinkler systems (domestic and residential); and fire sprinkler systems (other than domestic and residential) sprinkler and suppression systems (reticulated water-based)—certify sprinkler and suppression systems (reticulated water-based)—install and maintain 25 fire sprinkler systems (domestic and residential) restricted to carrying out certain work; and fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work sprinkler and suppression systems (reticulated water-based)—install and maintain 26 fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work; and fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work sprinkler and suppression systems (reticulated water-based)—certify (sec.63-ssec.1) This section applies if— under the expired regulation as in force immediately before 1 January 2009, completion of a course satisfied the technical requirements for a licence mentioned in column 1 of the table; and a person gives the commission evidence that the person— was enrolled in the course before 1 January 2009; and successfully completed the course before 1 January 2011. (sec.63-ssec.2) The person is taken to satisfy the technical qualifications for a licence of a class mentioned in column 2 of the table shown opposite the licence in column 1 of the table. Column 1 Column 2 1 fire detection systems fire detection, alarm and warning systems—certify fire detection, alarm and warning systems—install and maintain—extra low voltage 2 fire detection systems restricted to carrying out certain work fire detection, alarm and warning systems—install and maintain—extra low voltage 3 fire detection systems restricted certification of, and preparation of reports about, certain work fire detection, alarm and warning systems—certify 4 fire equipment—passive (wall and ceiling lining) passive fire protection—fire and smoke walls and ceilings—certify plastering drywall licence 5 fire equipment—passive (penetration and joint sealing) passive fire protection—fire collars, penetrations and joint sealing—certify, install and maintain 6 fire equipment—passive (fire doors and fire shutters) passive fire protection—fire doors and shutters—certify 7 fire equipment—passive (fire doors and fire shutters) restricted to carrying out certain work passive fire protection—fire doors and shutters—inspect and test 8 fire equipment—passive (fire doors and fire shutters) restricted to certification of, and preparation of reports about, certain work passive fire protection—fire doors and shutters—certify 9 fire fighting appliances fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain 10 fire fighting appliances restricted to carrying out certain work portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain 11 fire fighting appliances restricted to certification of, and preparation of reports about, certain work fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify 12 fire hose reels and fire hydrants fire hydrants and hose reels—certify fire hydrants and hose reels—install and maintain 13 fire hose reels and fire hydrants restricted to carrying out certain work fire hydrants and hose reels—install and maintain 14 fire hose reels and fire hydrants restricted to certification of, and preparation of reports about, certain work fire hydrants and hose reels—certify 15 fixed fire pump sets fire pumps—certify fire pumps—install and maintain 16 fixed fire pump sets restricted to carrying out certain work fire pumps—install and maintain 17 fixed fire pump sets restricted to certification of, and preparation of reports about, certain work fire pumps—certify 18 fire sprinkler systems (domestic and residential) sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certify sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain 19 fire sprinkler systems (domestic and residential) restricted to carrying out certain work sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain 20 fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certify 21 fire sprinkler systems (other than domestic and residential) sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certify sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain 22 fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain 23 fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certify 24 fire sprinkler systems (domestic and residential); and fire sprinkler systems (other than domestic and residential) sprinkler and suppression systems (reticulated water-based)—certify sprinkler and suppression systems (reticulated water-based)—install and maintain 25 fire sprinkler systems (domestic and residential) restricted to carrying out certain work; and fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work sprinkler and suppression systems (reticulated water-based)—install and maintain 26 fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work; and fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work sprinkler and suppression systems (reticulated water-based)—certify
This section applies if a person gives the commission evidence that the person— was enrolled in the competency unit called ‘Service portable fire extinguishers in the workshop PRMPFES14B’ before 6 November 2009; and successfully completed the competency unit before 1 January 2011. The person is taken to have satisfied the technical qualifications for a licence mentioned in— schedule 2, part 29, section 3; or schedule 3, part 8, section 3. (sec.64-ssec.1) This section applies if a person gives the commission evidence that the person— was enrolled in the competency unit called ‘Service portable fire extinguishers in the workshop PRMPFES14B’ before 6 November 2009; and successfully completed the competency unit before 1 January 2011. (sec.64-ssec.2) The person is taken to have satisfied the technical qualifications for a licence mentioned in— schedule 2, part 29, section 3; or schedule 3, part 8, section 3.
In a document, a reference to the expired regulation is, if the context permits, taken to be as a reference to this regulation.
This section applies if, immediately before the commencement, a person held a licence of a class mentioned in column 1 of the table below (a previous class ). The licence of the previous class is taken to be a licence of the class mentioned opposite the previous class in column 2 of the table (the new class ). If, immediately before the commencement, the licence of the previous class was subject to any conditions, the licence of the new class is subject to the conditions. Unless the licence of the new class is sooner suspended or cancelled, the renewal day for the licence is the day that would have been the renewal day for the licence of the previous class if it had continued as a licence of the previous class. Column 1 Column 2 Previous class of licence New class of licence refrigeration, air conditioning and mechanical services including unlimited design licence mentioned in schedule 2 , part 47 as in force immediately before the commencement mechanical services—air-conditioning and refrigeration (unlimited design) licence mentioned in schedule 2 , part 48A refrigeration, air conditioning and mechanical services including limited design licence mentioned in schedule 2 , part 48 as in force immediately before the commencement mechanical services—air-conditioning and refrigeration (limited design) licence mentioned in schedule 2 , part 48B s 66 ins 2019 SL No. 213 s 13 (sec.66-ssec.1) This section applies if, immediately before the commencement, a person held a licence of a class mentioned in column 1 of the table below (a previous class ). (sec.66-ssec.2) The licence of the previous class is taken to be a licence of the class mentioned opposite the previous class in column 2 of the table (the new class ). (sec.66-ssec.3) If, immediately before the commencement, the licence of the previous class was subject to any conditions, the licence of the new class is subject to the conditions. (sec.66-ssec.4) Unless the licence of the new class is sooner suspended or cancelled, the renewal day for the licence is the day that would have been the renewal day for the licence of the previous class if it had continued as a licence of the previous class. Column 1 Column 2 Previous class of licence New class of licence refrigeration, air conditioning and mechanical services including unlimited design licence mentioned in schedule 2 , part 47 as in force immediately before the commencement mechanical services—air-conditioning and refrigeration (unlimited design) licence mentioned in schedule 2 , part 48A refrigeration, air conditioning and mechanical services including limited design licence mentioned in schedule 2 , part 48 as in force immediately before the commencement mechanical services—air-conditioning and refrigeration (limited design) licence mentioned in schedule 2 , part 48B
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Queensland Building and Construction Commission Regulation 2018 .
This regulation commences on 1 September 2018.
The dictionary in schedule 8 defines particular words used in this regulation.
For deciding the number of storeys of a building, other than for section 67WE (1) (c) of the Act , the lowest storey is not counted if it consists mainly of a car park. For calculating the number of storeys for section 67WE (1) (c) of the Act , see also section 29 .
For schedule 2 of the Act , definition building work , work stated in schedule 1 is not building work. To remove any doubt, it is declared that subsection (1) does not stop applying to work stated in schedule 1 merely because the work is carried out in combination with other work stated in schedule 1 . (sec.5-ssec.1) For schedule 2 of the Act , definition building work , work stated in schedule 1 is not building work. (sec.5-ssec.2) To remove any doubt, it is declared that subsection (1) does not stop applying to work stated in schedule 1 merely because the work is carried out in combination with other work stated in schedule 1 .
For schedule 2 of the Act , definition licensed builder , a person is a licensed builder if the person is the holder of a builder contractor’s licence.
For section 30CA (2) (b) of the Act , work of a type stated in schedule 1AA is prescribed not to be fire protection work. s 6AA ins 2020 SL No. 241 s 26
For schedule 2 of the Act , definition mechanical services work , paragraph (k) , the work mentioned in schedule 1A is prescribed. s 6A ins 2019 SL No. 213 s 7
For schedule 2 of the Act , definition occupational licence , paragraph (a) , the following Acts are prescribed— the Plumbing and Drainage Act 2018 ; the Petroleum and Gas (Production and Safety) Act 2004 , to the extent it applies to gas work as defined under that Act; the Medicines and Poisons Act 2019 , to the extent it applies to a pest control activity as defined under that Act. s 6B ins 2020 SL No. 241 s 27 amd 2021 SL No. 142 s 76
This section applies if, for a licence class under schedule 2 (the relevant class ), the scope of work for the class includes incidental work of another class. A licensee under the relevant class may carry out, or engage another person to carry out, building work with a total value of $3,300 or less— that is within the scope of work under a licence class other than the relevant class; and that is incidental to building work being carried out under the relevant class; and that is— for work for which an occupational licence, fire protection licence or mechanical services licence is required—carried out by a licensee who holds a licence to carry out the work; or otherwise—carried out by the licensee or a licensee who holds a licence to carry out the work. To remove any doubt, a licensee under the relevant class may do the following— personally carry out work mentioned in subsection (2) (c) (ii) ; engage a person who holds an appropriate licence to carry out work mentioned in subsection (2) (c) (i) or (ii) . s 7 amd 2019 SL No. 213 s 8 (sec.7-ssec.1) This section applies if, for a licence class under schedule 2 (the relevant class ), the scope of work for the class includes incidental work of another class. (sec.7-ssec.2) A licensee under the relevant class may carry out, or engage another person to carry out, building work with a total value of $3,300 or less— that is within the scope of work under a licence class other than the relevant class; and that is incidental to building work being carried out under the relevant class; and that is— for work for which an occupational licence, fire protection licence or mechanical services licence is required—carried out by a licensee who holds a licence to carry out the work; or otherwise—carried out by the licensee or a licensee who holds a licence to carry out the work. (sec.7-ssec.3) To remove any doubt, a licensee under the relevant class may do the following— personally carry out work mentioned in subsection (2) (c) (ii) ; engage a person who holds an appropriate licence to carry out work mentioned in subsection (2) (c) (i) or (ii) .
Certify , in relation to fire protection equipment of a stated type, for schedule 2 , parts 22A to 31 and schedule 3 , means— prepare a certificate stating that, after a person carries out an annual survey of the equipment, it is considered no changes have affected the equipment that would cause it not to meet any of its design requirements; or prepare 1 or more certificates relating to either or both of the following matters— the installation of the equipment; whether the equipment meets its design requirements. If 2 or more certificates are prepared for fire protection equipment under subsection (1) (b) , the certificates need not be prepared by the same person. For subsection (1) (a) , the person who prepares the certificate need not be the person who carries out the annual survey. In this section— certificate includes a statement and record, however called. survey means a visual inspection of fire protection equipment to identify if the equipment has been altered, damaged or compromised. s 7A ins 2020 SL No. 223 s 17 (amd 2021 SL No. 37 s 5 ) (sec.7A-ssec.1) Certify , in relation to fire protection equipment of a stated type, for schedule 2 , parts 22A to 31 and schedule 3 , means— prepare a certificate stating that, after a person carries out an annual survey of the equipment, it is considered no changes have affected the equipment that would cause it not to meet any of its design requirements; or prepare 1 or more certificates relating to either or both of the following matters— the installation of the equipment; whether the equipment meets its design requirements. (sec.7A-ssec.2) If 2 or more certificates are prepared for fire protection equipment under subsection (1) (b) , the certificates need not be prepared by the same person. (sec.7A-ssec.3) For subsection (1) (a) , the person who prepares the certificate need not be the person who carries out the annual survey. (sec.7A-ssec.4) In this section— certificate includes a statement and record, however called. survey means a visual inspection of fire protection equipment to identify if the equipment has been altered, damaged or compromised.
Contractors’ licences are divided into the classes stated in schedule 2 . For classes of contractors’ licences that are continued for section 30E of the Act , see sections 78 to 80 and schedule 7A , parts 1 to 3 . s 8 amd 2020 SL No. 223 ss 11 , 18
Nominee supervisors’ licences are divided into the classes stated in schedule 2 . For classes of nominee supervisors’ licences that are continued for section 30E of the Act , see sections 79 and 80 and schedule 7A , parts 2 and 3 . s 9 amd 2020 SL No. 223 s 12 , 19
Site supervisors’ licences are divided into the classes stated in schedule 2 other than the classes stated in any of parts 22A to 33 . s 10 amd 2020 SL No. 223 s 20
Fire protection occupational licences are divided into the classes stated in schedule 3 . For classes of fire protection occupational licences that are continued for section 30E of the Act , see section 81 and schedule 7A , part 4 . s 11 amd 2020 SL No. 223 s 21
Mechanical services occupational licences are divided into the classes stated in schedule 3A . s 11A ins 2019 SL No. 213 s 9
For section 31 (1) (b) of the Act , the qualifications and experience in relation to a licence are the qualifications and experience stated in schedule 2 for the relevant class of licence. Also, for a class of licence other than a class mentioned in schedule 2 , any of parts 18 , 19 , 22A to 33 , 36 and 56 , a combination of 2 or more of the following is a qualification for the class if the commission is satisfied the combination is at least equivalent to the required competency for the class— successful completion of an apprenticeship; a recognition certificate; a qualification or statement of attainment of the required competency for any class of licence mentioned in schedule 2 ; a written statement issued by an approved authority that the individual has the required competency for the class of licence. In this section— approved authority means— a registered training organisation; or another entity approved by the commission. recognition certificate means a recognition certificate issued under the repealed Vocational Education, Training and Employment Act 2000 , that has not been cancelled. required competency , for a class of licence, means units of competency approved by the commission as the minimum technical requirements for the class. statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth) . s 12 amd 2020 SL No. 223 s 22 (sec.12-ssec.1) For section 31 (1) (b) of the Act , the qualifications and experience in relation to a licence are the qualifications and experience stated in schedule 2 for the relevant class of licence. (sec.12-ssec.2) Also, for a class of licence other than a class mentioned in schedule 2 , any of parts 18 , 19 , 22A to 33 , 36 and 56 , a combination of 2 or more of the following is a qualification for the class if the commission is satisfied the combination is at least equivalent to the required competency for the class— successful completion of an apprenticeship; a recognition certificate; a qualification or statement of attainment of the required competency for any class of licence mentioned in schedule 2 ; a written statement issued by an approved authority that the individual has the required competency for the class of licence. (sec.12-ssec.3) In this section— approved authority means— a registered training organisation; or another entity approved by the commission. recognition certificate means a recognition certificate issued under the repealed Vocational Education, Training and Employment Act 2000 , that has not been cancelled. required competency , for a class of licence, means units of competency approved by the commission as the minimum technical requirements for the class. statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth) .
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