QLDIn ForceRegulation
Queensland Building and Construction Commission Regulation 2018
sec.74Mechanical services work by employee of person not licensed for the work— Act , s 42CA
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### sec.74 Mechanical services work by employee of person not licensed for the work— Act , s 42CA
For section 42CA (2) of the Act , mechanical services work personally carried out by an individual (the affected individual ) is prescribed if—
immediately before the commencement—
a person (the employer ) was carrying on a business that included carrying out the mechanical services work; and
the affected individual was an officer, employee or subcontractor of the employer and was personally carrying out the mechanical services work for the employer; and
from the commencement—
the mechanical services work would be within the scope of work for a mechanical services licence (a relevant licence ) if the licence were held by the employer; and
the affected individual has continued to personally carry out the mechanical services work for the employer.
This section stops applying on the first of the following days—
if the employer applies for a relevant licence—the day the application is granted or refused;
1 January 2021.
s 74 ins 2019 SL No. 213 s 13
amd 2020 SL No. 86 s 6
(sec.74-ssec.1) For section 42CA (2) of the Act , mechanical services work personally carried out by an individual (the affected individual ) is prescribed if— immediately before the commencement— a person (the employer ) was carrying on a business that included carrying out the mechanical services work; and the affected individual was an officer, employee or subcontractor of the employer and was personally carrying out the mechanical services work for the employer; and from the commencement— the mechanical services work would be within the scope of work for a mechanical services licence (a relevant licence ) if the licence were held by the employer; and the affected individual has continued to personally carry out the mechanical services work for the employer.
(sec.74-ssec.2) This section stops applying on the first of the following days— if the employer applies for a relevant licence—the day the application is granted or refused; 1 January 2021.
- (a) immediately before the commencement— (i) a person (the employer ) was carrying on a business that included carrying out the mechanical services work; and (ii) the affected individual was an officer, employee or subcontractor of the employer and was personally carrying out the mechanical services work for the employer; and
- (i) a person (the employer ) was carrying on a business that included carrying out the mechanical services work; and
- (ii) the affected individual was an officer, employee or subcontractor of the employer and was personally carrying out the mechanical services work for the employer; and
- (b) from the commencement— (i) the mechanical services work would be within the scope of work for a mechanical services licence (a relevant licence ) if the licence were held by the employer; and (ii) the affected individual has continued to personally carry out the mechanical services work for the employer.
- (i) the mechanical services work would be within the scope of work for a mechanical services licence (a relevant licence ) if the licence were held by the employer; and
- (ii) the affected individual has continued to personally carry out the mechanical services work for the employer.
- (i) a person (the employer ) was carrying on a business that included carrying out the mechanical services work; and
- (ii) the affected individual was an officer, employee or subcontractor of the employer and was personally carrying out the mechanical services work for the employer; and
- (i) the mechanical services work would be within the scope of work for a mechanical services licence (a relevant licence ) if the licence were held by the employer; and
- (ii) the affected individual has continued to personally carry out the mechanical services work for the employer.
- (a) if the employer applies for a relevant licence—the day the application is granted or refused;
- (b) 1 January 2021.