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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
QUEENSLAND BUILDING
SERVICES AUTHORITY
AMENDMENT BILL 1997
Queensland
QUEENSLAND BUILDING SERVICES
AUTHORITY AMENDMENT BILL 1997
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1997
A BILL
FOR
An Act to amend the Queensland Building Services Authority Act 1991
s1 4 s3
Queensland Building Services Authority
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Queensland Building Services Authority 3
Amendment Act 1997. 4
amended 5
Act
Clause 2. This Act amends the Queensland Building Services Authority Act 6
1991. 7
of schedule 8
Amendment
Clause 3.(1) Schedule, heading `Transitional provisions'-- 9
omit, insert-- 10
`TRANSITIONAL AND VALIDATING PROVISIONS 11
`PART 1--TRANSITIONAL PROVISIONS'. 12
(2) Schedule, clauses 1A and 7(2), `clause'-- 13
omit, insert-- 14
`section'. 15
(3) Schedule, clause 2(3B), (3C)(a) and (8)(a), `subclause'-- 16
omit, insert-- 17
`subsection'. 18
(4) Schedule, clause 7(1), `section 101'-- 19
omit, insert-- 20
`section 101 of this Act'. 21
s3 5 s3
Queensland Building Services Authority
Amendment
(5) Schedule, after clause 7-- 1
insert-- 2
`PART 2--VALIDATING PROVISIONS 3
`Definitions 4
`8. In this part-- 5
"affected licence" means a document purporting to be a licence that-- 6
(a) was issued by the Authority on or after 1 July 1992 but before the 7
commencement day; and 8
(b) was issued to an individual who did not, or a company in relation 9
to which the company's nominated supervisor did not, when the 10
document was issued, have the relevant qualifications and 11
experience required by regulation. 12
"basic compliance period", for a transitional licence, see definition 13
"transitional licence". 14
"building contract" means a contract for the carrying out of building work 15
by a person to whom an affected licence has been issued. 16
"commencement day", for a provision of this part, means the day on 17
which the provision in which the expression occurs commences. 18
"compliance period", for a transitional licence, means-- 19
(a) the basic compliance period for the licence; or 20
(b) if the Authority extended or further extended the period--the 21
period as extended. 22
"expired licence" means an affected licence to which section 9(3) applies. 23
"relevant licensee", for an affected or transitional licence, means the person 24
to whom the licence was issued. 25
"transitional licence" means an affected licence in relation to which the 26
Authority, in issuing the licence-- 27
(a) indicated to the relevant licensee that the licence was a transitional 28
licence; and 29
s3 6 s3
Queensland Building Services Authority
Amendment
(b) stated a period (the "basic compliance period")-- 1
(i) as the period for which the licence was issued; and 2
(ii) in relation to the licensee (for a licence issued to an 3
individual) or the company's nominated supervisor (for a 4
licence issued to a company)--as the period for the licensee 5
or supervisor to obtain stated qualifications or experience in 6
order to have the relevant qualifications and experience 7
required by regulation. 8
`Validation of affected licences 9
`9.(1) An affected licence is taken to be, and at all times to have been, a 10
validly issued licence. 11
`(2) Subsection (3) applies if-- 12
(a) before the commencement day, an affected licence was 13
suspended, cancelled or surrendered; and 14
(b) for a suspension or cancellation--the decision to suspend or 15
cancel the licence was or is not subsequently annulled or 16
terminated under this Act. 17
`(3) Despite subsection (1), the licence is taken to have been a validly 18
issued licence only until it was suspended, cancelled or surrendered. 19
`Period of effect of transitional licences--compliance period ended 20
`10.(1) This section applies to a transitional licence if-- 21
(a) the licence is not an expired licence; and 22
(b) the compliance period for the licence ended before the 23
commencement day. 24
`(2) The licence is taken to have remained in force for the period starting 25
when the compliance period ended and ending on the day before the 26
commencement day. 27
`(3) Also, the licence remains in force, subject to this Act, until the end of 28
the period of 3 months starting on the commencement day. 29
s3 7 s3
Queensland Building Services Authority
Amendment
`(4) Subsection (6) applies if-- 1
(a) before the commencement day, the relevant licensee entered into a 2
building contract; and 3
(b) neither of the following things happens before the end of the 4
period of 3 months mentioned in subsection (3)-- 5
(i) practical completion under the contract; 6
(ii) termination of the contract. 7
`(5) However, subsection (6) applies only for the contract or contracts to 8
which it relates. 9
`(6) Despite subsection (3), the licence remains in force, subject to this 10
Act-- 11
(a) if, by the application of subsection (4), there is only 1 contract 12
involved--until 1 of the following things happens-- 13
(i) the stage of practical completion is reached under the 14
contract; 15
(ii) the contract is terminated; or 16
(b) if, by the application of subsection (4), there is more than 17
1 contract involved--until there is no contract either under which 18
the stage of practical completion has not been reached or that has 19
not been terminated. 20
`Period of effect of transitional licences--compliance period current 21
`11.(1) This section applies to a transitional licence if-- 22
(a) the licence is not an expired licence; and 23
(b) the compliance period for the licence has not ended before the 24
commencement day. 25
`(2) The licence remains in force, subject to this Act, until the later of the 26
following-- 27
(a) the end of the compliance period; 28
(b) the end of the period of 3 months starting on the commencement 29
s3 8 s3
Queensland Building Services Authority
Amendment
day. 1
`(3) Subsection (5) applies if-- 2
(a) before the commencement day, the relevant licensee entered into a 3
building contract; and 4
(b) neither of the following things happens before the end of the 5
period for which the licence remains in force under 6
subsection (2)-- 7
(i) practical completion under the contract; 8
(ii) termination of the contract. 9
`(4) However, subsection (5) applies only for the contract or contracts to 10
which it relates. 11
`(5) Despite subsection (2), the licence remains in force, subject to this 12
Act-- 13
(a) if, by the application of subsection (3), there is only 1 contract 14
involved--until 1 of the following things happens-- 15
(i) the stage of practical completion is reached under the 16
contract; 17
(ii) the contract is terminated; or 18
(b) if, by the application of subsection (3), there is more than 19
1 contract involved--until there is no contract either under which 20
the stage of practical completion has not been reached or that has 21
not been terminated. 22
`Condition of transitional licences 23
`12.(1) This section applies to a transitional licence that is not an expired 24
licence. 25
`(2) The licence is subject to a condition that the relevant licensee must 26
not, while the licence remains in force under section 10 or 11, enter into a 27
building contract on the basis of being a licensee under the licence. 28
`(3) The Authority must promptly give written notice of the condition to 29
the relevant licensee. 30
s3 9 s3
Queensland Building Services Authority
Amendment
`(4) A failure by the Authority to comply with subsection (3) does not 1
affect the effectiveness of the condition.'. 2
3
© State of Queensland 1997
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