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Queensland
QUEENSLAND BUILDING
SERVICES AUTHORITY
AMENDMENT BILL 1994
Queensland
QUEENSLAND BUILDING SERVICES
AUTHORITY AMENDMENT BILL 1994
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 6 (Constitution of Authority) . . . . . . . . . . . . . . . . . . . . . . . 4
6 Replacement of s 9 (Role of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Role of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9A Board's policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 10 (Composition of Board) . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Amendment of s 12 (Proceedings at meetings) . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 18 (Role of the General Manager) . . . . . . . . . . . . . . . . . . 7
10 Replacement of s 19 (Registrar/General Manager to be bound by
Board's policies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
19 Relationship between General Manager and Board . . . . . . . . . . . . . 8
11 Omission of Pt 2, Div 5 (Home Building Advisory Service) . . . . . . . . . . . . 8
12 Omission of Pt 2, Div 7 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 34 (Grant of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Amendment of s 43 (Supervision of building work) . . . . . . . . . . . . . . . . . . . 9
15 Omission of s 45 (Responsibilities of owner-builder) . . . . . . . . . . . . . . . . . . 9
16 Amendment of s 48 (Cancellation or suspension of licence) . . . . . . . . . . . 9
17 Insertion of new s 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
49A Immediate cancellation of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Queensland Building Services Authority
Amendment
18 Insertion of new s 56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
56A Application of Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 Replacement of s 58 (Contract for major domestic building work) . . . . . . 11
58 Contract for major domestic building work . . . . . . . . . . . . . . . . . . . . 11
20 Amendment of s 59 (Variations to be in writing) . . . . . . . . . . . . . . . . . . . . . 13
21 Amendment of s 68 (Payment of insurance premium) . . . . . . . . . . . . . . . . . 13
22 Amendment of s 69 (Insurance of building work) . . . . . . . . . . . . . . . . . . . . . 13
23 Amendment of s 71 (Recovery from building contractor etc.) . . . . . . . . . . . 14
24 Amendment of s 72 (Power to require rectification of building work) . . . . 15
25 Amendment of s 89 (Legal representation) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Amendment of s 92 (Power of Tribunal to reconsider determinations) . . . . 17
27 Amendment of s 96 (Mediation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28 Amendment of s 99 (Application for review) . . . . . . . . . . . . . . . . . . . . . . . . 18
29 Insertion of new s 99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
99A Tribunal may settle matters of dispute during review of
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
30 Replacement of heading to Pt 8, Div 4 (Stop orders) . . . . . . . . . . . . . . . . . 18
Division 4--Stop orders and suspension orders
31 Insertion of new s 102A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
102A Suspension orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Replacement of Pt 8, Div 5 (Resolution of policy disputes) . . . . . . . . . . . . 19
Division 5--Determinations about debts
103 Determinations about debts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 Amendment of s 113 (Double jeopardy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 21
MINOR AND CONSEQUENTIAL AMENDMENTS
1994
A BILL
FOR
An Act to amend the Queensland Building Services Authority Act 1991
4
Queensland Building Services Authority
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Queensland Building Services 3
Clause1.
Authority Amendment Act 1994. 4
5
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 6
amended 7
Act
This Act amends the Queensland Building Services Authority Act 8
Clause3.
1991. 9
of s 4 (Definitions) 10
Amendment
Section 4(1), definitions "Advisory Service" and "exempt 11
Clause4.(1)
building work"-- 12
omit. 13
(2) Section 4(1)-- 14
insert-- 15
` "Board's policies" means the policies of the Board made for the 16
purposes of section 9(a); 17
"licensed builder" means a person who is a licensed builder under the 18
regulations;'. 19
of s 6 (Constitution of Authority) 20
Amendment
Clause5. Section 6(b) and (c)-- 21
omit, insert-- 22
5
Queensland Building Services Authority
Amendment
`(b) the General Manager and the organisational unit under the control 1
of the General Manager.'. 2
of s 9 (Role of Board) 3
Replacement
Section 9-- 4
Clause6.
omit, insert-- 5
of Board 6
`Role
`9. The Board has the following functions-- 7
(a) to make and review policies governing the administration of this 8
Act; 9
(b) to provide guidance and leadership to the General Manager and 10
monitor the General Manager's management of the Authority; 11
(c) in conjunction with the General Manager, to establish the strategic 12
direction for the Authority; 13
(d) to advise the Minister on issues affecting-- 14
(i) the building industry; and 15
(ii) consumers; and 16
(iii) the administration of this Act; and 17
(iv) the administration of the Authority; 18
(e) to consult with, and advance the interests of, the building industry 19
and its consumers consistently with the objects of this Act. 20
policies 21
`Board's
`9A.(1) The Board's policies-- 22
(a) must be made in writing; and 23
(b) are statutory instruments. 24
`(2) The policies consist of-- 25
(a) policies made for the purposes of section 43(3) ("supervision 26
policies"); and 27
6
Queensland Building Services Authority
Amendment
(b) policies other than supervision policies ("general policies"). 1
`(3) Supervision policies-- 2
(a) are subordinate legislation; and 3
(b) must be given to the Minister at least 14 days before they are 4
notified in the Gazette. 5
`(4) General policies-- 6
(a) must be published in the Gazette; and 7
(b) must be given to the Minister at least 14 days before they are 8
published in the Gazette; and 9
(c) do not have effect until they are gazetted.'. 10
of s 10 (Composition of Board) 11
Amendment
Clause7. Section 10(1) to (3)-- 12
omit, insert-- 13
`10.(1) The Board consists of the following members-- 14
(a) 1 (the chairperson) is to be the person nominated for appointment 15
as chairperson by the Minister; 16
(b) 2 are to be representatives of licensed builders in Queensland, 17
selected by the Minister from panels of names submitted by-- 18
(i) the Queensland Master Builders' Association; and 19
(ii) the Housing Industry Association (Queensland Division); 20
(c) 2 are to be persons nominated by the Minister to represent 21
consumers; 22
(d) 1 is to be a person nominated by the Minister to represent the 23
insurance industry; 24
(e) 3 are to be representatives of licensed contractors (other than 25
licensed builders) of whom 2 are to be selected by the Minister 26
from a panel of names submitted by the Building Industry 27
Subcontractors Organisation of Queensland. 28
`(2) At least 2 months before making selections under subsection (1)(b) 29
7
Queensland Building Services Authority
Amendment
and (e), the Minister must request the bodies identified in those provisions 1
to submit their panels of names to allow the selection to be made. 2
`(3) If a body identified in subsection (1)(b) or (e) fails to submit a panel 3
of names to allow the Minister to make a selection from it, the Minister 4
may select a suitable representative, or suitable representatives, without the 5
assistance of a panel of names submitted by the body.'. 6
of s 12 (Proceedings at meetings) 7
Amendment
Clause8.(1) Section 12(2)(a), `6 voting'-- 8
omit, insert-- 9
`5'. 10
(2) Section 12(2)(c), `(except a non-voting member)'-- 11
omit. 12
of s 18 (Role of the General Manager) 13
Amendment
Section 18(1)-- 14
Clause9.(1)
omit, insert-- 15
`18.(1) The General Manager has-- 16
(a) all executive powers of the Authority; and 17
(b) responsibility for the overall management of the Authority.'. 18
(2) Section 18(2), `The'-- 19
omit, insert-- 20
`Without limiting subsection (1), the'. 21
(3) Section 18(2)-- 22
insert-- 23
`(g) providing and promoting consumer education; 24
(h) providing an advisory service to consumers about-- 25
(i) their statutory rights and obligations; and 26
8
Queensland Building Services Authority
Amendment
(ii) their contractual rights and obligations under building 1
contracts; and 2
(iii) insurance claims that may arise about building work; and 3
(iv) the Authority's role, functions and operating procedures; and 4
(v) any incidental matters; 5
(i) providing courses of instruction for-- 6
(i) persons seeking to obtain licences; and 7
(ii) licensees; and 8
(iii) persons proposing to carry out building work as 9
owner-builders; and 10
(iv) other persons seeking to acquire knowledge or expertise in 11
subjects related to the building industry.'. 12
of s 19 (Registrar/General Manager to be bound by 13
Replacement
Board's policies) 14
Section 19-- 15
Clause10.
omit, insert-- 16
between General Manager and Board 17
`Relationship
`19.(1) The General Manager is independent of the Board's control in 18
performing the functions and responsibilities mentioned in section 18(2). 19
`(2) However, the General Manager must give effect to the Board's 20
policies.'. 21
of Pt 2, Div 5 (Home Building Advisory Service) 22
Omission
Part 2, Division 5-- 23
Clause11.
omit. 24
9
Queensland Building Services Authority
Amendment
of Pt 2, Div 7 (Annual report) 1
Omission
Part 2, Division 7-- 2
Clause12.
omit. 3
of s 34 (Grant of licence) 4
Amendment
Clause13.(1) Section 34(4) and (5)-- 5
renumber as section 34(5) and (6). 6
(2) Section 34-- 7
insert-- 8
`(4) Subsection (3) does not apply to a contractor's licence (other than a 9
licence allowing the licensee to perform residential construction work) if it 10
is of a class identified in the Board's policies as a class of contractor's 11
licence to which subsection (3) does not apply.'. 12
of s 43 (Supervision of building work) 13
Amendment
Clause14. Section 43(3), `policies of the Board'-- 14
omit, insert-- 15
`Board's policies'. 16
of s 45 (Responsibilities of owner-builder) 17
Omission
Section 45-- 18
Clause15.
omit. 19
of s 48 (Cancellation or suspension of licence) 20
Amendment
Clause16.(1) Section 48(a) to (f)-- 21
renumber as section 48(b) to (g). 22
(2) Section 48-- 23
insert-- 24
10
Queensland Building Services Authority
Amendment
`(a) the licence was obtained on the basis of incorrect information 1
supplied to the Authority, whether or not fraud was intended;'. 2
(3) Section 48(d) (as renumbered)-- 3
omit, insert-- 4
`(d) the licensee-- 5
(i) for an individual--has become bankrupt or taken advantage 6
of the laws of bankruptcy; or 7
(ii) for a company--is insolvent, has a provisional liquidator, a 8
liquidator, an administrator or a controller appointed or is 9
ordered to be wound up; or'. 10
(4) Section 48-- 11
insert-- 12
`(h) the licensee contravened a condition imposed under section 36 on 13
the licensee's licence; or 14
(i) the licensee owes an amount to the Authority and fails to comply 15
with a demand by the Authority to discharge the debt; or 16
(j) the Authority becomes aware of the existence of facts that, having 17
regard to section 31(1)(a)-- 18
(i) would allow the Authority to refuse to issue the licence if it 19
were now being applied for by the licensee; or 20
(ii) would have allowed the Authority to refuse to issue the 21
licence originally.'. 22
of new s 49A 23
Insertion
Clause17. After section 49-- 24
insert-- 25
cancellation of licence 26
`Immediate
`49A.(1) Despite section 49(1), the Authority may cancel a licence 27
without allowing the licensee time to make written representations before 28
the cancellation takes effect, if-- 29
11
Queensland Building Services Authority
Amendment
(a) grounds for cancellation mentioned in section 48(a), (b) or (d) 1
exist; and 2
(b) the Authority believes, on reasonable grounds, that there is a real 3
likelihood that serious harm to consumers will happen if the 4
licence is not immediately cancelled. 5
`(2) The cancellation under subsection (1) is imposed by written notice to 6
the licensee that also tells the licensee-- 7
(a) that the licensee may make written representations for restoration 8
of the licence; and 9
(b) that the licensee may apply to the Tribunal for review of the 10
Authority's decision; and 11
(c) the reasons for the cancellation.'. 12
of new s 56A 13
Insertion
Clause18. Part 4, before section 57-- 14
insert-- 15
of Part 4 16
`Application
`56A.(1) This Part applies to a contract only if the contract is about a 17
duplex or single detached dwelling. 18
`(2) This Part does not apply to a contract between-- 19
(a) a consumer; and 20
(b) a licensed contractor of a class prescribed by regulation for this 21
section.'. 22
of s 58 (Contract for major domestic building work) 23
Replacement
Section 58-- 24
Clause19.
omit, insert-- 25
for major domestic building work 26
`Contract
`58.(1) A contract between a building contractor and a consumer for 27
carrying out major domestic building work must-- 28
12
Queensland Building Services Authority
Amendment
(a) be in writing and signed by the building contractor and the 1
consumer; and 2
(b) sufficiently describe the building work; and 3
(c) clearly state the building contractor's name, licence number (as it 4
appears on the building contractor's licence card) and address; 5
and 6
(d) comply with the regulations about the form and expression of 7
contracts to which this section applies; and 8
(e) if the major domestic building work is residential construction 9
work--be imprinted with the building contractor's licence card 10
when the contract is signed. 11
`(2) As soon as practicable after entering into a contract for carrying out 12
major domestic building work, the building contractor must-- 13
(a) give a copy of the contract to the consumer; and 14
(b) if the work is residential construction work for a building that is 15
class 1a or 2 under the classification of buildings and structures in 16
the Building Code of Australia--give a copy of the contract to the 17
Authority; and 18
(c) if the work is residential construction work for another type of 19
building--give the Authority written notice of details of the 20
contract in a form approved under the Board's policies. 21
Maximum penalty--20 penalty units. 22
`(3) If, when a consumer signs a contract for major domestic building 23
work that is residential construction work, there is imprinted on the contract 24
the licence card of a building contractor, the building contractor whose card 25
is imprinted on the contract is taken to be a party to the contract even if the 26
contract does not comply with subsection (1), or the building contractor 27
does not comply with subsection (2). 28
`(4) A building contractor who enters into a contract with a consumer for 29
carrying out major domestic building work commits an offence if the 30
contract does not comply with subsection (1). 31
Maximum penalty--20 penalty units.'. 32
13
Queensland Building Services Authority
Amendment
of s 59 (Variations to be in writing) 1
Amendment
Section 59(2), `be relied on by the consumer but not by the 2
Clause20.
building contractor'-- 3
omit, insert-- 4
`not be relied on by the consumer or the building contractor.'. 5
of s 68 (Payment of insurance premium) 6
Amendment
Clause21. Section 68(2), `paid'-- 7
omit, insert-- 8
`paid or that no insurance premium is payable'. 9
of s 69 (Insurance of building work) 10
Amendment
Section 69(2)-- 11
Clause22.
omit, insert-- 12
`(2) A policy of insurance comes into force in the terms prescribed by 13
regulation if a consumer enters into a contract for the performance of 14
residential construction work, and-- 15
(a) the contract is imprinted with a licensed contractor's licence card 16
bearing an endorsement showing that the licensee may enter into 17
contracts with consumers to carry out residential construction 18
work covered by the statutory insurance scheme; or 19
(b) the contract is with a licensed contractor whose licence bears an 20
endorsement mentioned in paragraph (a); or 21
(c) the contract is with a person fraudulently claiming to hold a 22
licence mentioned in paragraph (b). 23
`(3) Subsection (2) applies whether or not an insurance premium has 24
been paid or a certificate of insurance has been issued.'. 25
14
Queensland Building Services Authority
Amendment
of s 71 (Recovery from building contractor etc.) 1
Amendment
Section 71(2)-- 2
Clause23.(1)
omit, insert-- 3
`(2) For subsection (1)-- 4
(a) a building contractor by whom the relevant residential 5
construction work was, or was to be, carried out is taken to 6
include-- 7
(i) a licensed contractor whose licence card is imprinted on the 8
contract for carrying out the work; and 9
(ii) a licensed contractor whose name, licence number and 10
address are stated on the contract; and 11
(iii) a building contractor by whom the work was, or was to be, 12
carried out; and 13
(iv) a person who, for profit or reward, carried out the work; and 14
(b) a person through whose fault the claim arose is taken to include a 15
person who performed services for the work if the services were 16
performed without proper care and skill.'. 17
(2) Section 71-- 18
insert-- 19
`(4) In a proceeding brought by the Authority under subsection (1) 20
against a licensed contractor mentioned in subsection (2)(a)(i), it is a 21
defence for the licensed contractor to prove that-- 22
(a) the licensed contractor's licence card was imprinted on the 23
contract for carrying out the work without the licensed 24
contractor's authority; and 25
(b) the licensed contractor took all reasonable steps to ensure that the 26
licence card was imprinted on contracts only with the licensed 27
contractor's authority. 28
`(5) In a proceeding brought by the Authority under subsection (1) 29
against a licensed contractor mentioned in subsection (2)(a)(ii), it is a 30
defence for the licensed contractor to prove that-- 31
15
Queensland Building Services Authority
Amendment
(a) the licensed contractor's name, licence number and address were 1
stated on the contract for carrying out the work without the 2
licensed contractor's authority; and 3
(b) the licensed contractor took all reasonable steps to ensure that the 4
licensed contractor's name, licence number and address were 5
stated in contracts only with the licensed contractor's authority.'. 6
of s 72 (Power to require rectification of building work) 7
Amendment
Clause24.(1) Section 72(2) to (6)-- 8
renumber as section 72(3) to (7). 9
(2) Section 72(1)-- 10
omit, insert-- 11
`72.(1) If the Authority is of the opinion that building work is defective 12
or incomplete, the Authority may direct the person who carried out the 13
building work to rectify the building work within a reasonable period stated 14
in the direction. 15
`(2) For subsection (1), the person who carried out the building work is 16
taken to include-- 17
(a) a licensed contractor whose licence card is imprinted on the 18
contract for carrying out the building work; and 19
(b) a licensed contractor whose name, licence number and address 20
are stated on the contract; and 21
(c) a building contractor by whom the building work was carried out; 22
and 23
(d) a person who, for profit or reward, carried out the building 24
work.'. 25
(3) Section 72-- 26
insert-- 27
`(8) For the purposes of subsection (2)(c) and (d)-- 28
(a) a person carries out building work whether the person-- 29
16
Queensland Building Services Authority
Amendment
(i) carries it out personally; or 1
(ii) directly or indirectly causes it to be carried out; and 2
(b) a person is taken to carry out building work if the person provides 3
advisory services, administration services, management services 4
or supervisory services for the work. 5
`(9) In a prosecution for an offence against subsection (7), or in a 6
proceeding for taking disciplinary action on the ground that a licensee has 7
failed to comply with a direction to rectify building work, it is a defence for 8
a licensed contractor mentioned in subsection (2)(a) to prove that-- 9
(a) the licensed contractor's licence card was imprinted on the 10
contract for carrying out the building work without the 11
contractor's authority; and 12
(b) the licensed contractor took all reasonable steps to ensure that the 13
licence card was imprinted on contracts only with the licensed 14
contractor's authority. 15
`(10) In a prosecution for an offence against subsection (7), or in a 16
proceeding for taking disciplinary action on the ground that a licensee has 17
failed to comply with a direction to rectify building work, it is a defence for 18
a licensed contractor mentioned in subsection (2)(b) to prove that-- 19
(a) the licensed contractor's name, licence number and address were 20
stated on the contract for carrying out the building work without 21
the licensed contractor's authority; and 22
(b) the licensed contractor took all reasonable steps to ensure that the 23
licensed contractor's name, licence number and address were 24
stated in contracts only with the licensed contractor's authority.'. 25
of s 89 (Legal representation) 26
Amendment
Clause25.(1) Section 89(a) to (c)-- 27
renumber as section 89(b) to (d). 28
(2) Section 89-- 29
insert-- 30
`(a) the proceeding is an application under section 103; or'. 31
17
Queensland Building Services Authority
Amendment
of s 92 (Power of Tribunal to reconsider determinations) 1
Amendment
Clause26.(1) Section 92(2) and (3)-- 2
renumber as section 92(4) and (5). 3
(2) Section 92-- 4
insert-- 5
`(2) Section 87(1) does not apply to a reconsideration under 6
subsection (1). 7
`(3) A reconsideration under subsection (1)-- 8
(a) may be made by the member of the Tribunal who made the 9
determination, the chairperson or another member of the 10
Tribunal; and 11
(b) must be made only on the evidence placed before the Tribunal at 12
the hearing of the proceeding.'. 13
(3) Section 92(4)(b) (as renumbered), `an alleged factual error'-- 14
omit, insert-- 15
`a clerical mistake or factual error'. 16
(4) Section 92-- 17
insert-- 18
`(6) However, the making of the application does not, of itself, stop the 19
determination from taking effect according to its terms.'. 20
of s 96 (Mediation) 21
Amendment
Clause27.(1) Section 96(4) and (5)-- 22
renumber as section 96(6) and (7). 23
(2) Section 96-- 24
insert-- 25
`(4) Despite subsection (6), if a domestic building dispute is not settled at 26
mediation, the mediator must report to the Tribunal the issues that the 27
mediator and the parties to the dispute agree are the issues in dispute. 28
18
Queensland Building Services Authority
Amendment
`(5) However, in a subsequent hearing before the Tribunal, the Tribunal 1
is not limited to considering the issues reported under subsection (3).'. 2
of s 99 (Application for review) 3
Amendment
Section 99(4)-- 4
Clause28.(1)
renumber as section 99(5). 5
(2) Section 99-- 6
insert-- 7
`(4) The Tribunal may order that a person who may be affected by the 8
review be joined as a party to the review, and may make orders against, and 9
give directions to, the person.'. 10
of new s 99A 11
Insertion
Clause29. After section 99-- 12
insert-- 13
may settle matters of dispute during review of application 14
`Tribunal
`99A.(1) At any time after an application is made under section 99, the 15
Tribunal may try to reach a negotiated settlement between the parties to the 16
review. 17
`(2) The Tribunal may adjourn the review proceeding to allow the parties 18
to try to reach a settlement. 19
`(3) In this section-- 20
"party" means-- 21
(a) the Authority; or 22
(b) the applicant under section 99(1); or 23
(c) a person joined under section 99(4).'. 24
of heading to Pt 8, Div 4 (Stop orders) 25
Replacement
Clause30. Part 8, Division 4, heading-- 26
19
Queensland Building Services Authority
Amendment
omit, insert-- 1
4--Stop orders and suspension orders'. 2
`Division
of new s 102A 3
Insertion
Clause31. Part 8, Division 4, after section 102-- 4
insert-- 5
orders 6
`Suspension
`102A.(1) If the Tribunal is satisfied, on application by the Authority, 7
that a licence should be suspended, the Tribunal may, by order, suspend the 8
licence-- 9
(a) for the period the Tribunal considers just; or 10
(b) until the holder of the licence (the "respondent") complies with a 11
condition imposed on the licence by the Authority or Tribunal. 12
`(2) The order may direct the respondent to deliver the licence to the 13
Authority and include any other directions the Tribunal considers necessary 14
or convenient to give effect to the order. 15
`(3) The Tribunal may make an order under this section on application 16
made without notice to the respondent, but, in that case, the Tribunal must 17
subsequently allow the respondent a reasonable opportunity to show cause 18
why the order should be rescinded. 19
`(4) After considering the respondent's evidence and representations (if 20
any) and any further evidence or representations of the respondent or 21
Authority, if the Tribunal is not satisfied that the order should continue in 22
force, the Tribunal must rescind the order. 23
`(5) The holder of a licence who contravenes a direction under 24
subsection (2) commits an offence. 25
Maximum penalty--80 penalty units.'. 26
of Pt 8, Div 5 (Resolution of policy disputes) 27
Replacement
Part 8, Division 5-- 28
Clause32.
omit, insert-- 29
20
Queensland Building Services Authority
Amendment
5--Determinations about debts 1
`Division
about debts 2
`Determinations
`103.(1) The Authority may, by application to the Tribunal, recover 3
under this section a debt owing, or claimed to be owing, to it under 4
section 71 or 101(5). 5
`(2) For a debt owing, or claimed to be owing, under section 71, the 6
Tribunal may make the orders, and give the directions, the Tribunal 7
considers appropriate to resolve any issue in dispute between the Authority 8
and a person owing or claimed to owe a debt to the Authority. 9
`(3) In the exercise of its jurisdiction under this section, the Tribunal may 10
exercise 1 or more of the following powers-- 11
(a) order the payment of an amount the Tribunal has found to be 12
owing to the Authority; 13
(b) order the payment of interest on the amount mentioned in 14
paragraph (a); 15
(c) award damages, including exemplary damages; 16
(d) order the payment of interest on damages mentioned in 17
paragraph (c); 18
(e) order that amounts mentioned in paragraphs (a) to (d) be paid by 19
instalments or another way directed by the Tribunal. 20
`(4) If the Tribunal is of the opinion that an application under this section 21
would be more appropriately brought in a court, the Tribunal may order that 22
the application not be dealt with further before the Tribunal.'. 23
of s 113 (Double jeopardy) 24
Amendment
Clause33. Section 113(2), after `against this Act'-- 25
insert-- 26
`or the Builders' Registration and Home-owners' Protection Act 1979'. 27
28
21
Queensland Building Services Authority
Amendment
CHEDULE 1
¡S
INOR AND CONSEQUENTIAL AMENDMENTS 2
M
section 3 3
1. Section 4(2), as heading-- 4
insert-- 5
`Value of building work carried out in stages'. 6
2. Section 4(2)-- 7
renumber as section 4A. 8
3. Section 11(2)(b), `voting'-- 9
omit. 10
4. Part 2, Div 4, heading-- 11
omit, insert-- 12
`Division 4--The General Manager'. 13
5. Sections 1618 and 20, `Registrar/'-- 14
omit. 15
6. Section 26(2)(b), `Board'-- 16
omit, insert-- 17
`Authority'. 18
22
Queensland Building Services Authority
Amendment
SCHEDULE (continued)
7. Sections 42(1) and 43(1), `(except exempt building work)'-- 1
omit. 2
8. Section 47(1)(a), `(other than exempt building work)'-- 3
omit. 4
9. Section 110-- 5
omit, insert-- 6
`Non application of certain Acts 7
`110. The following Acts do not apply to domestic building work-- 8
· Commercial Arbitration Act 1990 9
· Subcontractors Charges Act 1974.'. 10
10. Section 111(2), after `the prosecution'-- 11
insert-- 12
`or the Attorney-General'. 13
11. Section 116-- 14
omit, insert-- 15
`Regulations 16
`116. The Governor in Council may make regulations under this Act.'. 17
12. Schedule heading, `provision'-- 18
omit, insert-- 19
`provisions'. 20
23
Queensland Building Services Authority
Amendment
SCHEDULE (continued)
13. Schedule, cl 2, heading, `provision'-- 1
omit, insert-- 2
`provisions'. 3
14. Schedule, cl 2(9) and (10)-- 4
omit. 5
15. Schedule-- 6
insert-- 7
`Existing policies for supervision of building work 8
`3.(1) In this clause-- 9
"building work supervision policy" means a policy of the Board, or a 10
part of a policy of the Board, if the policy or the part was -- 11
(a) in force immediately before the commencement of this clause; 12
and 13
(b) made for the purposes of section 43(3). 14
`(2) Subject to any amendment made by the Board, a building work 15
supervision policy has effect as a supervision policy under section 9A. 16
`(3) However, a building work supervision policy has no effect after the 17
expiry of this clause. 18
`(3) This clause expires 6 months after its commencement. 19
`Board members to go out of office 20
`4.(1) In this clause-- 21
"existing member" means a person who, immediately before the 22
commencement of this clause-- 23
(a) was a member of the Board; or 24
(b) held an appointment to act as a member of the Board. 25
24
Queensland Building Services Authority
Amendment
SCHEDULE (continued)
`(2) On the commencement of this clause, each existing member-- 1
(a) if the person was a member of the Board--goes out of office as a 2
member of the Board; or 3
(b) if the person held an appointment to act as a member of the 4
Board--no longer holds the appointment. 5
`(3) Nothing in this clause prevents an existing member from being 6
appointed under section 10 as a member of the Board. 7
`(4) This clause expires on the day on which it commences. 8
`References to Registrar/General Manager and Home Building 9
Advisory Service 10
`5. In an Act or document-- 11
(a) a reference to the Registrar/General Manager of the Authority is 12
taken to be a reference to the General Manager of the Authority; 13
and 14
(b) a reference to Home Building Advisory Service is taken to be a 15
reference to the Authority. 16
`Director of the Advisory Service 17
`6.(1) On the commencement of this clause, the person who, 18
immediately before the commencement of this clause, held appointment 19
under section 23 of the Act as Director of the Home Building Advisory 20
Service goes out of office. 21
`(2) The termination of the appointment of the Director under 22
subclause (1) does not affect any right to compensation to which the 23
Director is entitled under the terms of the Director's appointment. 24
`(3) This clause expires on the day on which it commences. 25
`Disciplinary action 26
`7.(1) For the purposes of section 101, proper grounds exist for taking 27
25
Queensland Building Services Authority
Amendment
SCHEDULE (continued)
disciplinary action against a person (whether or not the person is a licensee) 1
if the person-- 2
(a) committed an offence against the repealed Act; or 3
(b) was liable under section 44 of the repealed Act to have the 4
person's registration as a registered builder cancelled or 5
suspended. 6
`(2) This clause expires on 1 October 1998.'. 7
8
© State of Queensland 1994
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