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Queensland
QUEENSLAND BUILDING
SERVICES AUTHORITY AND
OTHER LEGISLATION
AMENDMENT BILL 2002
Queensland
QUEENSLAND BUILDING SERVICES
AUTHORITY AND OTHER LEGISLATION
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF QUEENSLAND BUILDING
SERVICES AUTHORITY ACT 1991
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Insertion of new s 4AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4AA Note in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Replacement of s 4C (Certain building contractors not bound) . . . . . . . . . . 9
4C Certain building contractors not bound . . . . . . . . . . . . . . . . . . . . . . . 9
6 Replacement of s 9A (Board's policies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9A Board's policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 25 (General Statutory Fund) . . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 26 (Insurance Fund). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s 30 (Classes of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Amendment of s 31 (Entitlement to contractor's licence). . . . . . . . . . . . . . . 11
11 Insertion of new s 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
31A No entitlement to contractor's licence if particular partners . . . . . . . 11
12 Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
32A Exception for s 30(4) licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Amendment of s 35 (Imposition of conditions etc. on grant of licence). . . . 12
14 Amendment of s 36 (Subsequent imposition of conditions etc.) . . . . . . . . . 12
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Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
15 Amendment of s 39 (Register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of s 42 (Unlawful carrying out of building work) . . . . . . . . . . 14
17 Amendment of s 43 (Supervision of building work). . . . . . . . . . . . . . . . . . . 14
18 Amendment of s 44 (Permits for owner-builders). . . . . . . . . . . . . . . . . . . . . 15
19 Amendment of s 48 (Cancellation or suspension of licence) . . . . . . . . . . . . 15
20 Replacement of pt 3, div 9A, hdg (Monitoring continued satisfaction
of financial requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 Amendment of s 50A (Approved audit program) . . . . . . . . . . . . . . . . . . . . . 16
22 Amendment of s 50C (Supply of financial information under
approved audit program or for other reason). . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Insertion of new s 51B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
51B Licensed contractor must not contract with unlicensed person . . . . . 18
24 Amendment of s 55 (Notification of nominated supervisor). . . . . . . . . . . . . 18
25 Amendment of s 56 (Partnerships) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Omission of s 56AA (Definitions for pt 3A). . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Amendment of s 56AD (Becoming a permitted individual) . . . . . . . . . . . . . 20
28 Amendment of s 56AE (Exclusion from contractor's licence) . . . . . . . . . . . 20
29 Amendment of s 56AF (Procedure if licensee is excluded individual). . . . . 20
30 Amendment of s 56AG (Procedure if licensee is excluded company) . . . . . 20
31 Insertion of new pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 3B--PERMANENTLY EXCLUDED INDIVIDUALS
Division 1--Preliminary
57 Operation of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
58 Meaning of "permanently excluded individual" . . . . . . . . . . . . . . . . 21
Division 2--Licence exclusion
59 Exclusion from licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
60 Permanently excluded individual not fit and proper . . . . . . . . . . . . . 24
61 When individual no longer permanently excluded individual . . . . . . 24
32 Insertion of new pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 3C--CONVICTED COMPANY OFFICERS
Division 1--Preliminary
62 Operation of pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Queensland Building Services Authority and Other
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Division 2--Licence exclusion and cancellation
63 Exclusion from licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
64 Procedure if authority considers individual a convicted
company officer ...................................... 25
65 Ending procedure without further action . . . . . . . . . . . . . . . . . . . . . . 25
66 Notice of cancellation and that not a fit and proper person to
individual who is a licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
67 Notice that not a fit and proper person to individual who is not
a licensee ........................................... 26
67AA Notice by authority to company for which a convicted company
officer is a director, secretary, influential person or nominee . . . . . . 27
33 Insertion of new pt 3D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 3D--BANNED INDIVIDUALS
Division 1--Preliminary
67AB Meaning of "tier 1 defective work" and "carry out tier 1
defective work" ...................................... 28
67AC Banned individual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
67AD Operation of pt 3D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2--Licence exclusion and cancellation
67AE Exclusion from licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
67AF Procedure if authority considers individual has carried out
tier 1 defective work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
67AG Ending procedure without further action . . . . . . . . . . . . . . . . . . . . . . 30
67AH Notice of cancellation and that not a fit and proper person to
individual who is a licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
67AI Notice that not a fit and proper person to individual who is not
a licensee ........................................... 32
67AJ Notice by authority to director, secretary, influential person or
nominee about tier 1 defective work . . . . . . . . . . . . . . . . . . . . . . . . . 33
67AK Ending procedure without further action . . . . . . . . . . . . . . . . . . . . . . 34
67AL Notice of cancellation and that not a fit and proper person to
director, secretary, influential person or nominee who is a licensee . 34
67AM Notice that not a fit and proper person to director, secretary,
influential person or nominee who is not a licensee . . . . . . . . . . . . . 36
67AN Notice by authority to company for which a banned individual
is a director, secretary, influential person or nominee . . . . . . . . . . . . 38
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Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
67AO Terms of bans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
67AP Relationship of this part with Tribunal Act, pt 5, div 3 . . . . . . . . . . . 40
34 Insertion of new pt 3E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 3E--DISQUALIFIED INDIVIDUALS
Division 1--Preliminary
67AQ Definitions for pt 3E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
67AR Meaning of "demerit offence" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
67AS Meaning of "judgment debt" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
67AT Meaning of "unsatisfied" judgment debt . . . . . . . . . . . . . . . . . . . . . . 43
67AU Disqualified individual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
67AV Operation of pt 3E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 2--Calculation of demerit points and notification of unsatisfied
judgment debts
67AW Demerit points for demerit matters . . . . . . . . . . . . . . . . . . . . . . . . . . 44
67AX When demerit points allocated for demerit offences . . . . . . . . . . . . . 44
67AY When demerit points allocated for unsatisfied judgment debts . . . . . 45
67AZ Judgment debtor must notify unsatisfied judgment debt . . . . . . . . . . 46
67AZA Authority must notify person about demerit points . . . . . . . . . . . . . 46
67AZB Limit on demerit points from single audit or investigation . . . . . . . 46
Division 3--Licence exclusion and cancellation
67AZC Exclusion from licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
67AZD Procedure if authority considers individual has accumulated
30 demerit points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
67AZE Ending procedure without further action . . . . . . . . . . . . . . . . . . . . . 48
67AZF Notice of cancellation and that not a fit and proper person to
individual who is a licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
67AZG Notice that not a fit and proper person to individual who is not
a licensee ........................................... 49
67AZH Notice by authority to director, secretary, influential person or
nominee about demerit points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
67AZI Ending procedure without further action. . . . . . . . . . . . . . . . . . . . . . 51
67AZJ Notice of cancellation and that not a fit and proper person to
director, secretary, influential person or nominee who is a licensee . 51
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Queensland Building Services Authority and Other
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67AZK Notice that not a fit and proper person to director, secretary,
influential person or nominee who is not a licensee . . . . . . . . . . . . . 53
67AZL Notice by authority to company for which a disqualified
individual is a director, secretary, influential person or nominee . . . 54
67AZM Terms of disqualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
35 Amendment of s 67V (Offence of not warning that contract is
construction management trade contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
36 Amendment of s 69 (Insurance of building work) . . . . . . . . . . . . . . . . . . . . 57
37 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
71A Dispute resolution before rectification of building work ordered . . . 57
38 Insertion of new ss 106A106C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
106A Power to require production of documents . . . . . . . . . . . . . . . . . . . . 58
106B Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
106C Failure to certify copy of document. . . . . . . . . . . . . . . . . . . . . . . . . . 59
39 Amendment of s 107 (Power to enter and inspect building site). . . . . . . . . . 59
40 Amendment of s 108 (Obligation of assessment manager). . . . . . . . . . . . . . 59
41 Amendment of s 114 (Protection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
42 Amendment of s 116 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
43 Amendment of sch 1 (Transitional and validating provisions) . . . . . . . . . . . 60
44 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
PART 3--AMENDMENT OF DOMESTIC BUILDING
CONTRACTS ACT 2000
45 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
46 Insertion of new s 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
17A Multiple contracts for the same domestic building work. . . . . . . . . . 68
PART 4--AMENDMENT OF QUEENSLAND BUILDING
TRIBUNAL ACT 2000
47 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
48 Amendment of s 104 (Reviewable decisions) . . . . . . . . . . . . . . . . . . . . . . . . 69
49 Amendment of s 111 (Orders for disciplinary action) . . . . . . . . . . . . . . . . . 70
PART 5--AMENDMENT OF STATE HOUSING ACT 1945
50 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
51 Amendment of s 22B (Provision of land for industry, trade or business) . . . 70
52 Insertion of new s 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
6
Queensland Building Services Authority and Other
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51 Validation of annual rental charged for s 22B . . . . . . . . . . . . . . . . . . 71
2002
A BILL
FOR
An Act to amend the Queensland Building Services Authority Act 1991,
and for other purposes
s1 8 s4
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Queensland Building Services Authority 4
and Other Legislation Amendment Act 2002. 5
2 Commencement
Clause 6
This Act, other than sections 3, 41 and 43 and part 5, commences on a 7
day to be fixed by proclamation. 8
PART 2--AMENDMENT OF QUEENSLAND BUILDING 9
SERVICES AUTHORITY ACT 1991 10
3 Act amended in pt 2
Clause 11
This part amends the Queensland Building Services Authority Act 1991. 12
4 Insertion of new s 4AA
Clause 13
After section 4-- 14
insert-- 15
`4AA Note in text 16
`A note in the text of this Act is part of the Act.'. 17
s5 9 s7
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
5 Replacement of s 4C (Certain building contractors not bound)
Clause 1
Section 4C-- 2
omit, insert-- 3
`4C Certain building contractors not bound 4
`Parts 5 and 6 do not bind a building contractor to the extent that the 5
business carried on by the building contractor consists of or includes-- 6
(a) carrying out completed building inspections; or 7
(b) contract administration carried out in relation to building work 8
designed by the building contractor.'. 9
6 Replacement of s 9A (Board's policies)
Clause 10
Section 9A-- 11
omit, insert-- 12
`9A Board's policies 13
`(1) To have effect, a policy of the board must be approved by regulation 14
and published in the gazette. 15
`(2) The general manager must-- 16
(a) keep copies of the board's policies available for inspection, 17
without charge, at the authority's office at any time that office is 18
open to the public; and 19
(b) if asked, advise where copies of the board's policies may be 20
obtained.'. 21
7 Amendment of s 25 (General Statutory Fund)
Clause 22
Section 25(3)-- 23
omit, insert-- 24
`(3) The following amounts are to be paid from the fund-- 25
(a) costs of administering this Act, apart from the costs of 26
administering the statutory insurance scheme; 27
(b) amounts mentioned in subsection (4A). 28
s8 10 s9
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`(4) A regulation may state a single amount that is to be transferred from 1
the fund to the Insurance Fund. 2
`(4A) The authority must, at times decided by the authority, transfer 3
amounts from the fund to the Insurance Fund in payment of the single 4
amount stated in the regulation made under subsection (4).'. 5
8 Amendment of s 26 (Insurance Fund)
Clause 6
(1) Section 26(2)-- 7
insert-- 8
`(c) all amounts transferred from the General Statutory Fund under 9
section 25.'. 10
(2) Section 26(3)(c), (4), (5) and (6)-- 11
omit. 12
9 Amendment of s 30 (Classes of licences)
Clause 13
(1) Section 30(2)(a)-- 14
omit. 15
(2) Section 30(2)(b) and (c)-- 16
renumber as section 30(2)(a) and (b). 17
(3) Section 30-- 18
insert-- 19
`(3) A contractor's licence or supervisor's licence may be issued for any 20
class of licence. 21
`(4) However, a regulation may specify a class of licence to be a class 22
that may be held and renewed by a person who held that class immediately 23
before the commencement of the regulation specifying the class but may 24
not, after the commencement of that regulation, be applied for by, or issued 25
to, another person.'. 26
s 10 11 s 11
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
10 Amendment of s 31 (Entitlement to contractor's licence)
Clause 1
(1) Section 31(2)(b), `nominated supervisor'-- 2
omit, insert-- 3
`nominee'. 4
(2) Section 31(2)(b), `the supervisor'-- 5
omit, insert-- 6
`the nominee'. 7
(3) Section 31(3)(c)-- 8
renumber as section 31(3)(d). 9
(4) Section 31(3)-- 10
insert-- 11
`(c) tier 1 defective work carried out by the person, whether or not the 12
person received a notice under section 67AH, 67AI, 67AL 13
or 67AM stating a term of ban for the work; and'. 14
11 Insertion of new s 31A
Clause 15
After section 31-- 16
insert-- 17
`31A No entitlement to contractor's licence if particular partners 18
`A person (whether an individual or a company) is not entitled to a 19
contractor's licence if the person carries on, or intends to carry on, business 20
under the licence in partnership with another person who is-- 21
(a) an excluded individual; or 22
(b) a permanently excluded individual; or 23
(c) a convicted company officer; or 24
(d) a banned individual; or 25
(e) a disqualified individual; or 26
(f) an excluded company; or 27
(g) a company for which a permanently excluded individual is a 28
director, secretary, influential person or nominee; or 29
s 12 12 s 14
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(h) a company for which a convicted company officer is a director, 1
secretary, influential person or nominee; or 2
(i) a company for which a banned individual is a director, secretary, 3
influential person or nominee; or 4
(j) a company for which a disqualified individual is a director, 5
secretary, influential person or nominee.'. 6
12 Insertion of new s 32A
Clause 7
Part 3, division 2, after section 32-- 8
insert-- 9
`32A Exception for s 30(4) licences 10
`This division is subject to section 30(4).'. 11
13 Amendment of s 35 (Imposition of conditions etc. on grant of
Clause 12
licence) 13
(1) Section 35(2)-- 14
renumber as section 35(3). 15
(2) Section 35-- 16
insert-- 17
`(2) Without limiting subsection (1), a licence for which an occupational 18
licence is required is taken to be subject to the condition that the licensee 19
hold, and continue to hold, for the term of the licence, the occupational 20
licence.'. 21
14 Amendment of s 36 (Subsequent imposition of conditions etc.)
Clause 22
Section 36-- 23
insert-- 24
`(3B) A condition may be imposed requiring the licensee to give to the 25
authority specified documents that relate to the licensee's obligations under 26
part 4A or the Domestic Building Contracts Act 2000. 27
`(3C) Subsections (3), (3A) and (3B) do not limit the power to impose 28
conditions under subsection (2).'. 29
s 15 13 s 15
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
15 Amendment of s 39 (Register)
Clause 1
(1) Section 39(2)(b), `nominated supervisor'-- 2
omit, insert-- 3
`nominee'. 4
(2) Section 39(3)-- 5
insert-- 6
`(e) if the licensee has previously had a licence cancelled under 7
section 67AH or 67AL--the details of the tier 1 defective work 8
that led to the cancellation; and 9
(f) if the licensee has previously had a licence cancelled under 10
section 56AF--the details of the relevant event that caused the 11
licensee to be an excluded individual; and 12
(g) any demerit points allocated to the licensee, the demerit matters 13
for which they were allocated and the dates the points took 14
effect; and 15
(h) if the licensee has previously had a licence cancelled under 16
section 67AZF or 67AZJ--the details of the demerit matters and 17
demerit points that led to the cancellation.'. 18
(3) Section 39(7)-- 19
omit, insert-- 20
`(7) A note made in the register under subsection (3) must be taken off-- 21
(a) for information mentioned in subsection (3)(e), (f) and (h), 22
10 years after it is made; or 23
(b) for information mentioned in subsection (3)(g), 3 years after it is 24
made; or 25
(c) otherwise, 5 years after it is made. 26
`(7A) However, details of demerit points and the demerit matters for 27
which points were allocated must be removed from the register-- 28
(a) if the points stop having effect; or 29
(b) if the points relate to an unsatisfied judgment debt--when the 30
authority is satisfied the judgment debt has been paid.'. 31
s 16 14 s 17
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
16 Amendment of s 42 (Unlawful carrying out of building work)
Clause 1
(1) Section 42-- 2
insert-- 3
`(5A) An unlicensed person who, as a subcontractor, carries out, or 4
undertakes to carry out, building work for a licensed trade contractor, does 5
not contravene this section if the work is within the scope of the building 6
work allowed by the class of licence held by the contractor.'. 7
(2) Section 42-- 8
insert-- 9
`(12) In this section-- 10
"licensed trade contractor" means a licensed contractor other than a 11
licensed contractor who holds a contractor's licence for the 12
following-- 13
(a) general building; 14
(b) house building; 15
(c) a class of building work prescribed by regulation.'. 16
17 Amendment of s 43 (Supervision of building work)
Clause 17
(1) Section 43(2), `contractor is'-- 18
omit, insert-- 19
`contractor, and for a licensed contractor that is a company, the company 20
and the company's nominee are'. 21
(2) Section 43(2), after `accordingly'-- 22
insert-- 23
`the systems in place for supervision and'. 24
(3) Section 43(3)-- 25
omit, insert-- 26
`(3) In deciding whether a licensed contractor or nominee has ensured 27
adequate supervision of building work, regard must be had to whether the 28
work is-- 29
s 18 15 s 19
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(a) in accordance with the plans and specifications for the work set 1
out in the contract between the licensed contractor and a 2
consumer; and 3
(b) of a standard expected of a competent holder of a contractor's 4
licence of the appropriate class.'. 5
(4) Section 43(5), after `commits an offence'-- 6
insert-- 7
`and, if the licensed contractor is a company, the company's nominee 8
also commits an offence'. 9
18 Amendment of s 44 (Permits for owner-builders)
Clause 10
(1) Section 44-- 11
insert-- 12
`(3A) A regulation made under subsection (3) may, if the applicant is a 13
company, require that a director of the company must have completed a 14
specified course of instruction.'. 15
(2) Section 44(5), definition "owner", `section 4'-- 16
omit, insert-- 17
`schedule 2'. 18
19 Amendment of s 48 (Cancellation or suspension of licence)
Clause 19
(1) Section 48(e), `nominated supervisor'-- 20
omit, insert-- 21
`nominee'. 22
(2) Section 48(j), after `section 31(1)(a)'-- 23
insert-- 24
`or (2)(a)'. 25
s 20 16 s 22
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
20 Replacement of pt 3, div 9A, hdg (Monitoring continued
Clause 1
satisfaction of financial requirements) 2
Part 3, division 9A, heading-- 3
omit, insert-- 4
`Division 9A--Monitoring continued satisfaction of financial 5
requirements and compliance with part 4A and the Domestic Building 6
Contracts Act 2000'. 7
21 Amendment of s 50A (Approved audit program)
Clause 8
(1) Section 50A(1)-- 9
omit, insert-- 10
`(1) The Minister may approve a program (an "approved audit 11
program") under which the authority may audit licensees for 1 of the 12
following purposes-- 13
(a) to find out if they continue to satisfy the relevant financial 14
requirements stated in the board's policies; 15
(b) to find out if they have been complying with part 4A; 16
(c) to find out if they have been complying with the Domestic 17
Building Contracts Act 2000.'. 18
(2) Section 50A(3), `program only'-- 19
omit, insert-- 20
`program for a purpose only'. 21
(3) Section 50A(3), `program within'-- 22
omit, insert-- 23
`program for that purpose within'. 24
22 Amendment of s 50C (Supply of financial information under
Clause 25
approved audit program or for other reason) 26
(1) Section 50C, heading, `information'-- 27
omit, insert-- 28
`records and other documents'. 29
s 22 17 s 22
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(2) Section 50C(1)(b)-- 1
omit, insert-- 2
`(b) the authority is satisfied, because of information received by the 3
authority, there are reasonable grounds for concern that-- 4
(i) the licensee does not satisfy the relevant financial 5
requirements stated in the board's policies; or 6
(ii) is not, or has not been, complying with-- 7
(A) part 4A; or 8
(B) the Domestic Building Contracts Act 2000.'. 9
(3) Section 50C(2) and (3)-- 10
omit, insert-- 11
`(2) The authority may give a written notice to the licensee requiring the 12
licensee to give the authority copies of, or access to-- 13
(a) the financial records described in the notice; or 14
(b) the documents described in the notice that relate to the licensee's 15
obligations-- 16
(i) under part 4A; or 17
(ii) the Domestic Building Contracts Act 2000. 18
`(3) The written notice may describe only-- 19
(a) the financial records of the licensee the authority reasonably 20
requires for deciding whether the licensee satisfies the relevant 21
financial requirements stated in the board's policies; or 22
(b) the documents the authority reasonably requires for deciding 23
whether the licensee is, or has been, complying with-- 24
(i) part 4A; or 25
(ii) the Domestic Building Contracts Act 2000.'. 26
(4) Section 50C-- 27
insert-- 28
`(4A) It is not a reasonable excuse to fail to comply with the written 29
notice that complying with the notice might tend to incriminate the 30
person.'. 31
s 23 18 s 24
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
23 Insertion of new s 51B
Clause 1
After section 51A-- 2
insert-- 3
`51B Licensed contractor must not contract with unlicensed person 4
`(1) This section applies to building work for which a person must hold a 5
contractor's licence under this Act. 6
7
Note--
8
A person mentioned in section 42(5) to (8) is not required to hold a contractor's licence
9
in the circumstances stated in the subsections.
`(2) A licensed contractor must not contract with a person for the person 10
to carry out the building work unless the person holds a contractor's licence 11
of the appropriate class under this Act. 12
Maximum penalty-- 13
(a) for a first offence--80 penalty units; and 14
(b) for a second offence--120 penalty units; and 15
(c) for a third or subsequent offence--160 penalty units. 16
`(3) In a proceeding taken against a licensed contractor for an offence 17
against this section it is a defence for the contractor to prove the contractor 18
took all reasonable action to ensure compliance with this section. 19
`(4) Subsection (3) does not limit the application of the Criminal Code, 20
section 23 or 24.1 21
`(5) Section 42(2) also applies for this section.'. 22
24 Amendment of s 55 (Notification of nominated supervisor)
Clause 23
(1) Section 55, heading, `nominated supervisor'-- 24
omit, insert-- 25
`company's nominee'. 26
1 Criminal Code, section 23 (Intention--motive) or 24 (Mistake of fact)
s 25 19 s 26
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(2) Section 55(a) and (b), `nominated supervisor'-- 1
omit, insert-- 2
`nominee'. 3
25 Amendment of s 56 (Partnerships)
Clause 4
Section 56(1)-- 5
insert-- 6
`(d) the unlicensed person must not be-- 7
(i) an excluded individual; or 8
(ii) a permanently excluded individual; or 9
(iii) a convicted company officer; or 10
(iv) a banned individual; or 11
(v) a disqualified individual; or 12
(vi) an excluded company; or 13
(vii) a company for which a permanently excluded individual is a 14
director, secretary, influential person or nominee; or 15
(viii)a company for which a convicted company officer is a 16
director, secretary, influential person or nominee; or 17
(ix) a company for which a banned individual is a director, 18
secretary, influential person or nominee; or 19
(x) a company for which a disqualified individual is a director, 20
secretary, influential person or nominee.'. 21
26 Omission of s 56AA (Definitions for pt 3A)
Clause 22
Section 56AA-- 23
omit. 24
s 27 20 s 30
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
27 Amendment of s 56AD (Becoming a permitted individual)
Clause 1
Section 56AD(6), `section 98, to have refused'-- 2
omit, insert-- 3
`the Tribunal Act, section 104(1)(j) to have decided not'. 4
28 Amendment of s 56AE (Exclusion from contractor's licence)
Clause 5
Section 56AE, `contractor's'-- 6
omit. 7
29 Amendment of s 56AF (Procedure if licensee is excluded
Clause 8
individual) 9
Section 56AF(2)(c)-- 10
omit, insert-- 11
`(c) the circumstances, stated in subsection (3), in which the authority 12
must cancel the individual's licence.'. 13
30 Amendment of s 56AG (Procedure if licensee is excluded
Clause 14
company) 15
Section 56AG(2)(d)-- 16
omit, insert-- 17
`(d) the circumstances, stated in subsections (3), (4) and (5), in which 18
the authority must cancel the company's licence.'. 19
s 31 21 s 31
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
31 Insertion of new pt 3B
Clause 1
After part 3A-- 2
insert-- 3
`PART 3B--PERMANENTLY EXCLUDED 4
INDIVIDUALS 5
`Division 1--Preliminary 6
`57 Operation of pt 3B 7
`This part has effect despite anything in part 3. 8
`58 Meaning of "permanently excluded individual" 9
`(1) A "permanently excluded individual" is an individual-- 10
(a) who has twice been an excluded individual for a relevant event; 11
and 12
(b) who for each relevant event has been given written notice by the 13
authority stating-- 14
(i) particulars identifying the relevant event; and 15
(ii) why the authority considers the individual is an excluded 16
individual for the relevant event; and 17
(iii) that the individual has the right to apply to be categorised as 18
a permitted individual for the relevant event within 28 days 19
of being given notice; and 20
(c) who for each occasion the individual has been given notice, 21
either-- 22
(i) did not apply to be categorised as a permitted individual 23
within the time stated in the notice; or 24
(ii) applied to be categorised as a permitted individual within 25
the time stated but had the application refused. 26
`(2) Notice under subsection (1)(b)-- 27
s 31 22 s 31
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(a) must be given while the individual is an excluded individual for 1
the relevant event to which the notice relates; and 2
(b) if the notice is the second or a subsequent notice the individual 3
has been given about being an excluded individual for a relevant 4
event-- 5
(i) must state the effect of the individual becoming a 6
permanently excluded individual; and 7
(ii) may be given at any time after an earlier notice was given. 8
`(3) An excluded individual who is a licensee is taken to have been given 9
notice under subsection (1)(b) if-- 10
(a) the individual has been given notice under section 56AF(2); and 11
(b) for a second or subsequent notice, the notice also includes the 12
information required under subsection (2)(b)(i). 13
`(4) A second or subsequent notice may be given for a relevant event 14
whether the event happened before or after another event for which the 15
authority has already given notice under subsection (1)(b). 16
`(5) However, subsection (1) applies only if an individual became an 17
excluded individual for at least 1 of the relevant events after the 18
commencement of this section, irrespective of when the circumstances 19
resulting in the relevant event arose. 20
`(6) If a second or subsequent notice does not include the information 21
required under subsection (2)(b)(i) another notice containing the 22
information may be given. 23
`(7) It is declared that in deciding whether 2 relevant events as 24
mentioned in subsection (1) have happened, a relevant event must be 25
counted-- 26
(a) whether the relevant event happened before or after the other 27
relevant event; and 28
(b) whether or not the notices under subsection (1)(b) for the 29
relevant events were given in the order the relevant events 30
happened; and 31
(c) regardless of the length of time between the giving of the notices 32
under subsection (1)(b) for the relevant events; and 33
(d) whether the relevant event happened before or after the 34
commencement of this section, subject to subsection (5). 35
s 31 23 s 31
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
1
Example for subsection (2)(a)--
2
The authority gives a licensee a notice under this section for a relevant event for which
3
the licensee is currently an excluded individual. The authority later discovers that the
4
licensee was, before the grant of the licensee's licence, an excluded individual for a
5
previous relevant event. However, the licensee is not currently an excluded individual
6
for this relevant event because 5 years have elapsed since the event happened. It may
7
not give the licensee a notice for this event.
8
Example for subsection (7)(a), (b) and (d)--
9
The authority gives a licensee a notice under this section for a relevant event that
10
happened after the commencement of this section. It later discovers that the licensee is
11
an excluded individual for another relevant event that happened before the grant of the
12
licensee's licence and before the commencement of this section. It may give the
13
licensee a notice for this relevant event. Also, it is the later notice, about the earlier
14
relevant event, that must state the effect of the individual becoming a permanently
15
excluded individual.
16
Examples for subsection (7)(c)--
17
1. The authority becomes aware that a person who is an applicant for a contractor's
18
licence is currently an excluded individual for 2 relevant events 1 of which
19
happened after the commencement of this section. The authority may give the
20
person a notice for 1 of the relevant events and immediately give a notice for the
21
other relevant event. Also, it is the later notice that must state the effect of the
22
individual becoming a permanently excluded individual.
23
2. A licensee becomes an excluded individual for a relevant event. The individual's
24
licence is cancelled under section 56AF and the individual is given notice
25
complying with this section for the relevant event. More than 5 years later the
26
licensee applies for and is granted a contractor's licence. Ten years after this, the
27
licensee becomes an excluded individual for another relevant event. The authority
28
gives a notice complying with this section for the latest relevant event. This notice
29
includes the information required for a second or subsequent notice under
30
subsection (2)(b)(i) and the individual becomes a permanently excluded
31
individual.
`Division 2--Licence exclusion 32
`59 Exclusion from licence 33
`The authority must not grant a person a licence if the person is-- 34
(a) a permanently excluded individual; or 35
(b) a company for which a permanently excluded individual is a 36
director, secretary, influential person or nominee. 37
s 32 24 s 32
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`60 Permanently excluded individual not fit and proper 1
`A permanently excluded individual is taken not to be a fit and proper 2
person for part 3, division 2. 3
`61 When individual no longer permanently excluded individual 4
`In deciding whether an individual is, or continues to be, a permanently 5
excluded individual, a relevant event for which the individual has been 6
given notice under section 58(1)(b) must not be counted if the individual-- 7
(a) applies to the tribunal under the Tribunal Act, section 104(1)(j) 8
for a review of the authority's decision not to categorise the 9
individual as a permitted individual for the relevant event, and 10
the tribunal reverses or annuls the authority's decision; or 11
(b) applies to the tribunal under the Tribunal Act, section 104(1)(k) 12
for a review of the authority's decision under section 56AF that a 13
person is an excluded individual, and the tribunal reverses or 14
annuls the authority's decision.'. 15
32 Insertion of new pt 3C
Clause 16
After part 3B, as inserted by this Act-- 17
insert-- 18
`PART 3C--CONVICTED COMPANY OFFICERS 19
`Division 1--Preliminary 20
`62 Operation of pt 3C 21
`This part has effect despite anything in part 3. 22
`Division 2--Licence exclusion and cancellation 23
`63 Exclusion from licence 24
`The authority must not grant a person a licence if the person is-- 25
s 32 25 s 32
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(a) a convicted company officer; or 1
(b) a company for which a convicted company officer is a director, 2
secretary, influential person or nominee. 3
`64 Procedure if authority considers individual a convicted 4
company officer 5
`(1) This section applies if the authority considers that an individual is a 6
convicted company officer. 7
`(2) The authority must give the individual a written notice stating-- 8
(a) details of the conviction the authority considers makes the 9
individual a convicted company officer; and 10
(b) the effect of the individual being a convicted company officer; 11
and 12
(c) an invitation to the individual to make written submissions, 13
within a stated period, to satisfy the authority that the individual 14
is not a convicted company officer. 15
`(3) The stated period must be at least 28 days after the written notice is 16
given to the individual. 17
`(4) The authority must consider any submissions made by the 18
individual. 19
`65 Ending procedure without further action 20
`(1) This section applies if, after considering submissions made by the 21
individual, the authority is satisfied the individual is not a convicted 22
company officer. 23
`(2) The authority must, as soon as practicable, advise the individual in 24
writing that no further action under this part will be taken in relation to the 25
notice given under section 64(2). 26
`66 Notice of cancellation and that not a fit and proper person to 27
individual who is a licensee 28
`(1) For an individual who is a licensee, subsection (3) applies if, after 29
considering submissions made by the individual for the notice under 30
s 32 26 s 32
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
section 64(2), the authority still considers that the individual is a convicted 1
company officer. 2
`(2) Subsection (3) also applies if there are no submissions for the notice 3
under section 64(2). 4
`(3) The authority must, by written notice given to the individual-- 5
(a) inform the individual that the authority still considers the 6
individual is a convicted company officer; and 7
(b) cancel the individual's licence; and 8
(c) inform the individual-- 9
(i) that the individual is taken not to be a fit and proper person 10
for part 3, division 2;2 and 11
(ii) of the individual's right to apply to the tribunal for a review 12
of the authority's decision.3 13
`(4) An individual given notice under subsection (3) is taken not to be a 14
fit and proper person for part 3, division 2 as stated in the notice. 15
`(5) Section 49 does not apply to a cancellation under subsection (3). 16
`67 Notice that not a fit and proper person to individual who is not 17
a licensee 18
`(1) For an individual who is not a licensee, subsection (3) applies if, 19
after considering submissions made by the individual for the notice under 20
section 64(2), the authority still considers that the individual is a convicted 21
company officer. 22
`(2) Subsection (3) also applies if there are no submissions for the notice 23
under section 64(2). 24
`(3) The authority must, by written notice given to the individual, inform 25
the individual-- 26
(a) that the authority still considers the individual is a convicted 27
company officer; and 28
2 Part 3, division 2 (Entitlement to licence)
3 An individual may have the authority's decision reviewed by the tribunal under the
Tribunal Act, section 104(1)(l).
s 32 27 s 32
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(b) that the individual is taken not to be a fit and proper person for 1
part 3, division 2;4 and 2
(c) of the individual's right to apply to the tribunal for a review of the 3
authority's decision.5 4
`(4) An individual given notice under subsection (3) is taken not to be a 5
fit and proper person for part 3, division 2 as stated in the notice. 6
`67AA Notice by authority to company for which a convicted company 7
officer is a director, secretary, influential person or nominee 8
`(1) This section applies if the authority considers that a company that is 9
a licensee has an individual who is a convicted company officer as a 10
director or secretary of, or an influential person or nominee for, the 11
company. 12
`(2) The authority must give the company a written notice stating-- 13
(a) particulars identifying the individual (the "relevant individual") 14
the authority considers is a director or secretary of, or an 15
influential person or nominee for, the company;6 and 16
(b) that the relevant individual must stop being a director, secretary, 17
influential person or nominee within 28 days after the authority 18
gives the individual the written notice; and 19
(c) the authority must cancel the licensee's licence if the relevant 20
individual does not stop being a director, secretary, influential 21
person or nominee within the 28 days mentioned in 22
paragraph (b). 23
`(3) The authority must cancel the company's licence by written notice 24
given to the company if the relevant individual does not stop being a 25
director, secretary, influential person or nominee within the 28 days 26
mentioned in subsection (2)(b). 27
`(4) Section 49 does not apply to a cancellation under subsection (3).'. 28
4 Part 3, division 2 (Entitlement to licence)
5 An individual may have the authority's decision reviewed by the tribunal under the
Tribunal Act, section 104(1)(l).
6 A company may have the authority's decision reviewed by the tribunal under the
Tribunal Act, section 104(1)(m).
s 33 28 s 33
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
33 Insertion of new pt 3D
Clause 1
After part 3C, as inserted by this Act-- 2
insert-- 3
`PART 3D--BANNED INDIVIDUALS 4
`Division 1--Preliminary 5
`67AB Meaning of "tier 1 defective work" and "carry out tier 1 6
defective work" 7
`(1) "Tier 1 defective work" means grossly defective building work 8
that-- 9
(a) falls below the standard reasonably expected of a licensed 10
contractor for the type of building work; and 11
(b) either-- 12
(i) adversely affects the structural performance of a building to 13
the extent that a person could not reasonably be expected to 14
use the building for the purpose for which it was, or is 15
being, erected or constructed; or 16
(ii) is likely to cause the death of, or grievous bodily harm to, a 17
person. 18
19
Example for paragraph (b)(i)--
20
A building is constructed and due to substandard building work all or a
21
significant part of the building requires demolition or substantial
22
reconstruction.
23
Examples for paragraph (b)(ii)--
24
A fire protection contractor installs a fire protection system that does not
25
meet the requirements of the Building Code of Australia for the system. In
26
the event of fire, the noncompliance is likely to result in the death of, or
27
grievous bodily harm to, a person.
`(2) "Carry out tier 1 defective work" means-- 28
(a) carry out tier 1 defective work personally; or 29
(b) directly or indirectly, cause tier 1 defective work to be carried 30
out; or 31
s 33 29 s 33
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(c) provide advisory, administrative, management or supervisory 1
services for carrying out tier 1 defective work. 2
`67AC Banned individual 3
`(1) An individual is a "banned individual" if the individual is given 4
notice under this part that the individual is taken not to be a fit and proper 5
person for part 3, division 2.7 6
`(2) The individual continues to be a banned individual for the term 7
calculated under this part and stated in the notice. 8
`67AD Operation of pt 3D 9
`This part has effect despite anything in part 3. 10
`Division 2--Licence exclusion and cancellation 11
`67AE Exclusion from licence 12
`The authority must not grant a person a licence if the person is-- 13
(a) a banned individual; or 14
(b) a company for which a banned individual is a director, secretary, 15
influential person or nominee. 16
`67AF Procedure if authority considers individual has carried out 17
tier 1 defective work 18
`(1) This section applies if the authority considers that an individual has 19
carried out tier 1 defective work after the commencement of this section. 20
`(2) The authority may give the individual a written notice stating-- 21
(a) details of the tier 1 defective work; and 22
(b) the effect of the individual becoming a banned individual for the 23
tier 1 defective work; and 24
7 Part 3, division 2 (Entitlement to licence)
s 33 30 s 33
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(c) an invitation to the individual to make written submissions, 1
within a stated period, to satisfy the authority that-- 2
(i) the individual did not carry out the work stated in the notice; 3
or 4
(ii) the work carried out by the individual was not tier 1 5
defective work; or 6
(iii) the individual exercised reasonable diligence to ensure that 7
the work carried out was not defective. 8
9
Example for subparagraph (iii)--
10
An individual carried out tier 1 defective work in relation to the
11
footings of a house. However, the individual had reasonably relied on
12
plans for the footings drawn by an engineer and carried out the work
13
in accordance with the plans. It was the reliance on the plans that
14
caused the tier 1 defective work.
`(3) The stated period must be at least 28 days after the written notice is 15
given to the individual. 16
`(4) The authority must consider any submissions made by the 17
individual. 18
`67AG Ending procedure without further action 19
`(1) This section applies if, after considering submissions made by the 20
individual, the authority is satisfied that-- 21
(a) the individual did not carry out the work stated in the notice; or 22
(b) the work carried out by the individual was not tier 1 defective 23
work; or 24
(c) the individual exercised reasonable diligence to ensure that the 25
work carried out was not defective. 26
`(2) The authority must, as soon as practicable, advise the individual in 27
writing that no further action under this part will be taken in relation to the 28
written notice given under section 67AF(2). 29
s 33 31 s 33
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`67AH Notice of cancellation and that not a fit and proper person to 1
individual who is a licensee 2
`(1) For an individual who is a licensee, subsection (3) applies if, after 3
considering the submissions made by the individual for the notice under 4
section 67AF(2), the authority-- 5
(a) still considers that-- 6
(i) the individual carried out the work stated in the notice; and 7
(ii) the work carried out was tier 1 defective work; and 8
(b) is not satisfied that the individual exercised reasonable diligence 9
to ensure that the work carried out was not defective. 10
`(2) Subsection (3) also applies if there are no submissions for the notice 11
under section 67AF(2). 12
`(3) The authority must, by written notice given to the individual-- 13
(a) inform the individual that the authority-- 14
(i) still considers-- 15
(A) that the individual carried out the work stated in the 16
notice; and 17
(B) the work carried out was tier 1 defective work; and 18
(ii) is not satisfied that the individual exercised reasonable 19
diligence to ensure that the work carried out was not 20
defective; and 21
(b) cancel the individual's licence; and 22
(c) inform the individual-- 23
(i) that the individual is taken not to be a fit and proper person 24
for part 3, division 2,8 for the term calculated under 25
section 67AO and stated in the notice; and 26
(ii) of the individual's right to apply to the tribunal for a review 27
of the authority's decision.9 28
8 Part 3, division 2 (Entitlement to licence)
9 An individual who is given notice that they are taken not to be a fit and proper
person (a "banned individual") for a stated term may have the authority's decision
reviewed by the tribunal under the Tribunal Act, section 104(1)(n).
s 33 32 s 33
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`(4) An individual given notice under subsection (3) is taken not to be a 1
fit and proper person for part 3, division 2 as stated in the notice. 2
`(5) Section 49 does not apply to a cancellation under subsection (3). 3
`67AI Notice that not a fit and proper person to individual who is not 4
a licensee 5
`(1) For an individual who is not a licensee, subsection (3) applies if, 6
after considering the submissions made by the individual for the notice 7
under section 67AF(2), the authority-- 8
(a) still considers that-- 9
(i) the individual carried out the work stated in the notice; and 10
(ii) the work carried out was tier 1 defective work; and 11
(b) is not satisfied that the individual exercised reasonable diligence 12
to ensure that the work carried out was not defective. 13
`(2) Subsection (3) also applies if there are no submissions for the notice 14
under section 67AF(2). 15
`(3) The authority must, by written notice given to the individual, inform 16
the individual-- 17
(a) that the authority-- 18
(i) still considers that-- 19
(A) the individual carried out the work stated in the notice; 20
and 21
(B) the work carried out was tier 1 defective work; and 22
(ii) is not satisfied that the individual exercised reasonable 23
diligence to ensure that the work carried out was not 24
defective; and 25
(b) that the individual is taken not to be a fit and proper person for 26
part 3, division 2,10 for the term calculated under section 67AO 27
and stated in the notice; and 28
10 Part 3, division 2 (Entitlement to licence)
s 33 33 s 33
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(c) of the individual's right to apply to the tribunal for a review of the 1
authority's decision.11 2
`(4) An individual given notice under subsection (3) is taken not to be a 3
fit and proper person for part 3, division 2 as stated in the notice. 4
`67AJ Notice by authority to director, secretary, influential person or 5
nominee about tier 1 defective work 6
`(1) This section applies if the authority considers that a company has 7
carried out tier 1 defective work after the commencement of this section. 8
`(2) The authority may give an individual who was a director or secretary 9
of, or an influential person or nominee for, the company at the time the 10
work was carried out, a written notice stating-- 11
(a) details of the tier 1 defective work; and 12
(b) the effect of the director, secretary, influential person or nominee 13
becoming a banned individual for the tier 1 defective work; and 14
(c) an invitation to the director, secretary, influential person or 15
nominee to make written submissions, within a stated period, to 16
satisfy the authority that-- 17
(i) the company did not carry out the work stated in the notice; 18
or 19
(ii) the work carried out by the company was not tier 1 defective 20
work; or 21
(iii) the director, secretary, influential person or nominee 22
exercised reasonable diligence to ensure that the work 23
carried out was not defective; or 24
(iv) the director, secretary, influential person or nominee was not 25
in a position to influence the conduct of the company's 26
affairs in relation to the defective work. 27
`(3) The stated period must be at least 28 days after the written notice is 28
given to the director, secretary, influential person or nominee. 29
11 An individual who is given notice that they are taken not to be a fit and proper
person (a "banned individual") for a stated term may have the authority's decision
reviewed by the tribunal under the Tribunal Act, section 104(1)(n).
s 33 34 s 33
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`(4) The authority must consider any submissions made by the director, 1
secretary, influential person or nominee. 2
`67AK Ending procedure without further action 3
`(1) This section applies if, after considering submissions made by the 4
director, secretary, influential person or nominee, the authority is satisfied 5
that-- 6
(a) the company did not carry out the work stated in the notice; or 7
(b) the work carried out by the company was not tier 1 defective 8
work; or 9
(c) the director, secretary, influential person or nominee exercised 10
reasonable diligence to ensure that the work carried out was not 11
defective; or 12
(d) the director, secretary, influential person or nominee was not in a 13
position to influence the conduct of the company's affairs in 14
relation to the defective work. 15
`(2) The authority must, as soon as practicable, advise the director, 16
secretary, influential person or nominee in writing that no further action 17
under this part will be taken in relation to the notice given under 18
section 67AJ(2). 19
`67AL Notice of cancellation and that not a fit and proper person to 20
director, secretary, influential person or nominee who is a licensee 21
`(1) For a director, secretary, influential person or nominee who is a 22
licensee, subsection (3) applies if, after considering the submissions made 23
by the director, secretary, influential person or nominee for the notice under 24
section 67AJ(2), the authority-- 25
(a) still considers-- 26
(i) that the company carried out the work stated in the notice; 27
and 28
(ii) that the work carried out was tier 1 defective work; and 29
(b) is not satisfied-- 30
s 33 35 s 33
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(i) that the director, secretary, influential person or nominee 1
was not in a position to influence the conduct of the 2
company's affairs in relation to the defective work; or 3
(ii) that the director, secretary, influential person or nominee 4
exercised reasonable diligence to ensure that the work 5
carried out was not defective. 6
`(2) Subsection (3) also applies if there are no submissions for the notice 7
under section 67AJ(2). 8
`(3) The authority must, by written notice given to the director, secretary, 9
influential person or nominee-- 10
(a) inform the director, secretary, influential person or nominee that 11
the authority-- 12
(i) still considers-- 13
(A) that the company carried out the work stated in the 14
notice; and 15
(B) that the work carried out was tier 1 defective work; and 16
(ii) is not satisfied-- 17
(A) that the director, secretary, influential person or 18
nominee was not in a position to influence the conduct 19
of the company's affairs in relation to the defective 20
work; or 21
(B) that the director, secretary, influential person or 22
nominee exercised reasonable diligence to ensure that 23
the work carried out was not defective; and 24
(b) cancel the director's, secretary's, influential person's or 25
nominee's licence; and 26
(c) inform the director, secretary, influential person or nominee-- 27
(i) that the director, secretary, influential person or nominee is 28
taken not to be a fit and proper person for part 3, 29
division 2,12 for the term calculated under section 67AO and 30
stated in the notice; and 31
12 Part 3, division 2 (Entitlement to licence)
s 33 36 s 33
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(ii) of the director's, secretary's, influential person's or 1
nominee's right to apply to the tribunal for a review of the 2
authority's decision.13 3
`(4) A director, secretary, influential person or nominee given notice 4
under subsection (3) is taken not to be a fit and proper person for part 3, 5
division 2 as stated in the notice. 6
`(5) Section 49 does not apply to a cancellation under subsection (3). 7
`67AM Notice that not a fit and proper person to director, secretary, 8
influential person or nominee who is not a licensee 9
`(1) For a director, secretary, influential person or nominee14 who is not a 10
licensee, subsection (3) applies if, after considering the submissions made 11
by the director, secretary, influential person or nominee for the notice under 12
section 67AJ(2), the authority-- 13
(a) still considers-- 14
(i) that the company carried out the work stated in the notice; 15
and 16
(ii) that the work carried out was tier 1 defective work; and 17
(b) is not satisfied-- 18
(i) that the director, secretary, influential person or nominee 19
was not in a position to influence the conduct of the 20
company's affairs in relation to the defective work; or 21
(ii) that the director, secretary, influential person or nominee 22
exercised reasonable diligence to ensure that the work 23
carried out was not defective. 24
`(2) Subsection (3) also applies if there are no submissions for the notice 25
under section 67AJ(2). 26
13 A director, secretary, influential person or nominee who is given notice that they are
taken not to be a fit and proper person (a "banned individual") for a stated term
may have the authority's decision reviewed by the tribunal under the Tribunal Act,
section 104(1)(n).
14 A nominee is included in this provision as a person who was a licensed nominee
when the company carried out the defective work may not be licensed when the
notice is given.
s 33 37 s 33
Queensland Building Services Authority and Other
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`(3) The authority must, by written notice given to the director, secretary, 1
influential person or nominee inform the director, secretary, influential 2
person or nominee-- 3
(a) that the authority-- 4
(i) still considers-- 5
(A) that the company carried out the work stated in the 6
notice; and 7
(B) that the work carried out was tier 1 defective work; and 8
(ii) is not satisfied-- 9
(A) that the director, secretary, influential person or 10
nominee was not in a position to influence the conduct 11
of the company's affairs in relation to the defective 12
work; or 13
(B) that the director, secretary, influential person or 14
nominee exercised reasonable diligence to ensure that 15
the work carried out was not defective; and 16
(b) that the director, secretary, influential person or nominee is taken 17
not to be a fit and proper person for part 3, division 2,15 for the 18
term calculated under section 67AO and stated in the notice; and 19
(c) of the director's, secretary's, influential person's or nominee's 20
right to apply to the tribunal for a review of the authority's 21
decision.16 22
`(4) A director, secretary, influential person or nominee given notice 23
under subsection (3) is taken not to be a fit and proper person for part 3, 24
division 2 as stated in the notice. 25
15 Part 3, division 2 (Entitlement to licence)
16 A director, secretary, influential person or nominee who is given notice that they are
taken not to be a fit and proper person (a "banned individual") for a stated term
may have the authority's decision reviewed by the tribunal under the Tribunal Act,
section 104(1)(n).
s 33 38 s 33
Queensland Building Services Authority and Other
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`67AN Notice by authority to company for which a banned individual 1
is a director, secretary, influential person or nominee 2
`(1) This section applies if the authority considers that a company that is 3
a licensee has an individual who is a banned individual as a director or 4
secretary of, or an influential person or nominee for, the company. 5
`(2) The authority must give the company a written notice stating-- 6
(a) particulars identifying the individual (the "relevant individual") 7
the authority considers is a director or secretary of, or an 8
influential person or nominee for, the company;17 and 9
(b) that the relevant individual must stop being a director, secretary, 10
influential person or nominee within 28 days after the authority 11
gives the company the written notice; and 12
(c) the authority must cancel the company's licence if the relevant 13
individual does not stop being a director, secretary, influential 14
person or nominee within the 28 days mentioned in 15
paragraph (b). 16
`(3) The authority must cancel the company's licence by written notice 17
given to the company if the relevant individual does not stop being a 18
director, secretary, influential person or nominee within the 28 days 19
mentioned in subsection (2)(b). 20
`(4) Section 49 does not apply to a cancellation under subsection (3). 21
`67AO Terms of bans 22
`(1) This section states the term for which an individual given a notice 23
under section 67AH, 67AI, 67AL or 67AM is taken not to be a fit and 24
proper person for part 3, division 2 (the "term of ban"). 25
`(2) Only tier 1 defective work carried out after the commencement of 26
this section may be taken into account in calculating the term of ban. 27
`(3) The term of ban for an individual given a notice for tier 1 defective 28
work for the first time is 3 years. 29
`(4) The term of ban for an individual given a notice for tier 1 defective 30
work a second time or subsequent time is the life of the individual. 31
17 A company may have the authority's decision reviewed by the tribunal under the
Tribunal Act, section 104(1)(o).
s 33 39 s 33
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`(5) A notice may be given to an individual a second time or subsequent 1
time under section 67AH, 67AI, 67AL or 67AM if-- 2
(a) a notice for tier 1 defective work has been given under 1 of the 3
sections stating a ban of 3 years; and 4
(b) the second or subsequent notice relates to tier 1 defective work 5
carried out after the notice stating a ban of 3 years is given. 6
`(6) It is declared that, in deciding whether a notice for tier 1 defective 7
work has been given to an individual a second time or subsequent time, a 8
notice given to an individual for the first time under section 67AH, 67AI, 9
67AL or 67AM stating a ban of 3 years must be counted whether or not the 10
individual has served the term of the ban. 11
12
Example for subsections (5) and (6)--
13
An individual who is a licensee is given a notice under section 67AH for tier 1
14
defective work carried out by the individual. The notice informs the individual that the
15
individual is taken not to be a fit and proper person for part 3, division 2 for 3 years.
16
After the notice under section 67AH is given, the individual carries out other tier 1
17
defective work. The authority may give the individual a second notice under
18
section 67AH for the other tier 1 defective work whether or not the 3 years have passed.
19
Also, it is the second notice under section 67AH that informs the individual that the
20
individual is taken not to be a fit and proper person for part 3, division 2 for the life of
21
the individual.
`(7) However, in deciding whether a notice for tier 1 defective work is 22
given to an individual a second time or subsequent time, an earlier notice 23
given to an individual under section 67AH, 67AI, 67AL or 67AM must not 24
be counted if-- 25
(a) the earlier notice was given more than 10 years before the second 26
or subsequent notice; or 27
(b) the authority's decision under the earlier notice was reversed or 28
annulled on review by the tribunal. 29
`(8) In this section a reference to tier 1 defective work carried out is-- 30
(a) for an individual given notice under section 67AH(3) or 31
67AI(3)--a reference to tier 1 defective work carried out by the 32
individual; or 33
(b) for an individual given notice under section 67AL(3) or 34
67AM(3)--a reference to tier 1 defective work carried out by the 35
company for which the individual was a director, secretary, 36
influential person or nominee. 37
s 33 40 s 33
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`67AP Relationship of this part with Tribunal Act, pt 5, div 3 1
`(1) Subsection (2) applies if the authority has applied under the Tribunal 2
Act, section 108 for disciplinary action relating to defective building work 3
on a ground mentioned in section 109(i) or 110(d)18 of that Act and the 4
tribunal has decided the proceeding. 5
`(2) The authority must not give a notice under section 67AF or 67AJ in 6
relation to the building work mentioned in subsection (1). 7
`(3) Nothing in subsection (1) or (2) prevents the authority from-- 8
(a) withdrawing an application mentioned in subsection (1) relating 9
to defective building work that has not been decided by the 10
tribunal; and 11
(b) giving a notice under section 67AF or 67AJ for the same building 12
work.19 13
`(4) Subsection (5) applies if the authority has given a notice to an 14
individual under section 67AF or 67AJ and is proceeding under this part. 15
`(5) The authority may apply under the Tribunal Act, section 108 in 16
relation to defective work stated in a notice to an individual under 17
section 67AF or 67AJ only if the authority has not given the individual 18
notice under section 67AH, 67AI, 67AL or 67AM. 19
`(6) Subsection (7) applies if-- 20
(a) an individual has applied under the Tribunal Act, 21
section 104(1)(n) for a review of the authority's decision under 22
section 67AH, 67AI, 67AL or 67AM; and 23
(b) the tribunal reverses or annuls the authority's decision. 24
`(7) The tribunal must, in the same proceeding, decide whether proper 25
grounds exist for taking disciplinary action against-- 26
(a) the individual, in relation to the building work stated in a notice 27
under section 67AF; or 28
18 The authority may apply under the Tribunal Act, section 108 for a decision under the
Tribunal Act, section 109(i) or 110(d) that a person has been negligent or
incompetent in carrying out building work.
19 Under the Tribunal Act, section 52, the authority may withdraw an application under
the Tribunal Act, section 108. Under the Tribunal Act, section 55, the tribunal may
make an order for costs against an applicant that withdraws an application.
s 34 41 s 34
Queensland Building Services Authority and Other
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(b) the company for which the individual is a director, secretary, 1
influential person or nominee, in relation to the building work 2
stated in a notice under section 67AJ. 3
`(8) For subsection (7), the authority is taken to have applied under the 4
Tribunal Act, section 108 and the tribunal must consider whether proper 5
grounds exist under the Tribunal Act, section 109(i) or 110(d).'. 6
34 Insertion of new pt 3E
Clause 7
After part 3D, as inserted by this Act-- 8
insert-- 9
`PART 3E--DISQUALIFIED INDIVIDUALS 10
`Division 1--Preliminary 11
`67AQ Definitions for pt 3E 12
`In this part-- 13
"accumulate"-- 14
A person accumulates a demerit point when the demerit point takes 15
effect if it is subsequently allocated to the person. 16
"administering authority" see the State Penalties Enforcement Act 1999, 17
schedule 2. 18
"conviction", of a person for a demerit offence, includes the following in 19
relation to the offence-- 20
(a) a court finding the person guilty or accepting the person's plea of 21
guilty, whether or not a conviction is recorded; 22
(b) the person paying a fine under an infringement notice, in full; 23
(c) the person paying the first instalment of a fine under an 24
infringement notice; 25
(d) the registration by the registrar of a default certificate for an 26
infringement notice given to the person; 27
s 34 42 s 34
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(e) a decision of the tribunal under the Tribunal Act that proper 1
grounds exist for taking disciplinary action against the person for 2
a contravention mentioned in section 67AR(b).20 3
"default certificate" see the State Penalties Enforcement Act 1999, 4
schedule 2. 5
"demerit matter" means-- 6
(a) a conviction for a demerit offence; or 7
(b) an unsatisfied judgment debt. 8
"demerit offence" see section 67AR. 9
"demerit points" means demerit points allocated by the authority under 10
this part for a demerit matter. 11
"disqualified individual" see section 67AU. 12
"infringement notice" see the State Penalties Enforcement Act 1999, 13
schedule 2. 14
"judgment debt" see section 67AS. 15
"period of 3 years", in relation to the accumulation of demerit points, 16
means a period of 3 years or less. 17
"registrar" see the State Penalties Enforcement Act 1999, schedule 2. 18
"SPER" see the State Penalties Enforcement Act 1999, schedule 2. 19
"unsatisfied", in relation to a judgment debt, see section 67AT. 20
`67AR Meaning of "demerit offence" 21
`A "demerit offence" is-- 22
(a) an offence, committed after the commencement of this section, 23
against-- 24
(i) section 67G, 67H, 67I or 67V; or 25
(ii) the Domestic Building Contracts Act 2000, section 64, 65, 26
66 or 67; or 27
20 See Tribunal Act, sections 109(a) and 111.
s 34 43 s 34
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(b) a contravention, after the commencement of this section, by a 1
licensee, of a requirement imposed under a section mentioned in 2
paragraph (a). 3
`67AS Meaning of "judgment debt" 4
`(1) A "judgment debt" is the amount, for which judgment has been 5
entered in a court of competent jurisdiction, owing by a building 6
contractor-- 7
(a) in relation to a building contract or a domestic building contract; 8
or 9
(b) for goods or services supplied for-- 10
(i) building work to be carried out under a building contract; or 11
(ii) domestic building work to be carried out under a domestic 12
building contract; or 13
(c) to the authority for a claim under the statutory insurance scheme. 14
`(2) Judgment must be entered after the commencement of this section. 15
`(3) However, the circumstances giving rise to the judgment debt may 16
have arisen before the commencement of this section. 17
`67AT Meaning of "unsatisfied" judgment debt 18
`(1) A judgment debt is "unsatisfied" if it has not been paid in full 19
within-- 20
(a) 28 days after judgment is entered; or 21
(b) if a longer period is allowed by the court for payment--the 22
longer period. 23
`(2) A judgment debt is not unsatisfied if the judgment creditor has 24
accepted and been paid an amount in full and final settlement within the 25
relevant period mentioned in subsection (1). 26
`67AU Disqualified individual 27
`(1) An individual is a "disqualified individual" if the individual is 28
given notice under this part that the individual is taken not to be a fit and 29
proper person for part 3, division 2.21 30
s 34 44 s 34
Queensland Building Services Authority and Other
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`(2) The individual continues to be a disqualified individual for the term 1
calculated under this part and stated in the notice. 2
`67AV Operation of pt 3E 3
`This part has effect despite anything in part 3. 4
`Division 2--Calculation of demerit points and notification of unsatisfied 5
judgment debts 6
`67AW Demerit points for demerit matters 7
`(1) This section applies to a person who-- 8
(a) has a conviction for a demerit offence; or 9
(b) is a judgment debtor for an unsatisfied judgment debt. 10
`(2) The authority must allocate demerit points under this part to the 11
person as follows-- 12
(a) for a conviction for a demerit offence--2 points; 13
(b) for an unsatisfied judgment debt--10 points. 14
`(3) This section is subject to section 67AZB. 15
`67AX When demerit points allocated for demerit offences 16
`(1) The authority must allocate demerit points to a person for a 17
conviction for a demerit offence as soon as practicable after the points take 18
effect. 19
`(2) Demerit points for a conviction for a demerit offence take effect-- 20
(a) if a court finds a person guilty--on the day after the last day on 21
which the person may appeal the finding; or 22
(b) if a court accepts a person's plea of guilty--on the day the plea is 23
accepted; or 24
21 Part 3, division 2 (Entitlement to licence)
s 34 45 s 34
Queensland Building Services Authority and Other
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(c) if a person pays the fine under an infringement notice, in full--on 1
the day the fine is paid; or 2
(d) if a person applies to the administering authority to pay the fine 3
under an infringement notice, by instalments--on the day the 4
administering authority receives the first instalment; or 5
(e) if the administering authority gives a default certificate to SPER 6
for registration--on the day the default certificate is registered; 7
or 8
(f) if the tribunal decides that proper grounds exist for taking 9
disciplinary action against a person for a contravention 10
mentioned in section 67AR(b)--on the day after the last day on 11
which the person may appeal the tribunal's decision. 12
`(3) However, if a conviction for a demerit offence is appealed, demerit 13
points for the conviction must not be allocated until the appeal is finally 14
dealt with or withdrawn. 15
`(4) Also, if a conviction for a demerit offence is appealed and after the 16
appeal there is no conviction, demerit points stop having effect. 17
`67AY When demerit points allocated for unsatisfied judgment debts 18
`(1) The authority must allocate demerit points to a person for an 19
unsatisfied judgment debt as soon as practicable after the points take effect. 20
`(2) Demerit points take effect when the judgment debt becomes an 21
unsatisfied judgment debt. 22
`(3) However, if a decision relating to a judgment is appealed or an 23
application is made to set the judgment aside, demerit points must not be 24
allocated for the unsatisfied judgment debt until the appeal or application is 25
finally dealt with or withdrawn. 26
`(4) Also, if a decision relating to a judgment is appealed or an 27
application is made to set the judgment aside and after the appeal or 28
application there is no unsatisfied judgment debt, demerit points stop 29
having effect. 30
s 34 46 s 34
Queensland Building Services Authority and Other
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`67AZ Judgment debtor must notify unsatisfied judgment debt 1
`(1) A judgment debtor for a judgment debt must notify the authority 2
within 14 days after the judgment debt becomes an unsatisfied judgment 3
debt. 4
Maximum penalty--40 penalty units. 5
`(2) Notification under subsection (1) must include the following-- 6
(a) particulars of the debt; 7
(b) the name and address of the judgment debtor; 8
(c) the name and address of the judgment creditor; 9
(d) the date judgment was entered and the amount for which it was 10
entered; 11
(e) the court in which it was entered; 12
(f) the number of the proceeding for which it was entered sufficient 13
to allow a search of the court registry; 14
(g) details of any payments made to reduce the judgment debt. 15
`67AZA Authority must notify person about demerit points 16
`(1) Subsection (2) applies if the authority allocates demerit points to a 17
person. 18
`(2) The authority must, as soon as practicable after the demerit points 19
are allocated, notify the person in writing of-- 20
(a) the demerit points allocated; and 21
(b) the demerit matters for which they were allocated; and 22
(c) the date the points took effect. 23
`67AZB Limit on demerit points from single audit or investigation 24
`(1) This section applies if a licensee is convicted of demerit offences 25
discovered by the authority as a result of a written notice given to a licensee 26
under section 50C(2). 27
`(2) The maximum demerit points that may be allocated to the licensee 28
for the convictions for the demerit offences is 6. 29
s 34 47 s 34
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`(3) Nothing in this section prevents another 6 demerit points being 1
allocated to the licensee for convictions for demerit offences discovered by 2
the authority as a result of a later written notice given under section 50C(2). 3
`(4) However other demerit points must not be allocated-- 4
(a) if the earlier notice and the later notice relate to-- 5
(i) the same audit under an approved audit program; or 6
(ii) information received by the authority from the same source; 7
or 8
(b) for convictions for demerit offences discovered by the authority 9
as a result of a later notice if the offences-- 10
(i) were committed before an earlier notice; and 11
(ii) demerit offences were discovered as a result of the earlier 12
notice and resulted in the allocation of demerit points. 13
`Division 3--Licence exclusion and cancellation 14
`67AZC Exclusion from licence 15
`The authority must not grant a person a licence if the person is-- 16
(a) a disqualified individual; or 17
(b) a company for which a disqualified individual is a director, 18
secretary, influential person or nominee. 19
`67AZD Procedure if authority considers individual has accumulated 20
30 demerit points 21
`(1) This section applies if the authority considers that an individual has 22
accumulated 30 demerit points in a period of 3 years. 23
`(2) The authority must give the individual a written notice stating-- 24
(a) details of the demerit matters for which the demerit points have 25
accumulated and the dates the points took effect; and 26
(b) the effect of the individual becoming a disqualified individual for 27
accumulating 30 demerit points in a period of 3 years; and 28
s 34 48 s 34
Queensland Building Services Authority and Other
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(c) an invitation to the individual to make written submissions, 1
within a stated period, to satisfy the authority that the individual 2
has not accumulated 30 demerit points in a period of 3 years. 3
`(3) The stated period must be at least 28 days after the written notice is 4
given to the individual. 5
`(4) The authority must consider any submissions made by the 6
individual. 7
`(5) In deciding whether an individual has accumulated 30 demerit 8
points in a period of 3 years, demerit points must not be counted for an 9
unsatisfied judgment debt paid in full before the end of the stated period. 10
`67AZE Ending procedure without further action 11
`(1) This section applies if, after considering submissions made by the 12
individual, the authority is satisfied the individual has not accumulated 13
30 demerit points in a period of 3 years. 14
`(2) The authority must, as soon as practicable, advise the individual in 15
writing that no further action under this part will be taken in relation to the 16
notice given under section 67AZD(2). 17
`67AZF Notice of cancellation and that not a fit and proper person to 18
individual who is a licensee 19
`(1) For an individual who is a licensee, subsection (3) applies if, after 20
considering submissions made by the individual for the notice under 21
section 67AZD(2), the authority still considers that the individual has 22
accumulated 30 demerit points in a period of 3 years. 23
`(2) Subsection (3) also applies if there are no submissions for the notice 24
under section 67AZD(2). 25
`(3) The authority must, by written notice given to the individual-- 26
(a) inform the individual that the authority still considers the 27
individual has accumulated 30 demerit points in a period of 28
3 years; and 29
(b) cancel the individual's licence; and 30
(c) inform the individual-- 31
s 34 49 s 34
Queensland Building Services Authority and Other
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(i) that the individual is taken not to be a fit and proper person 1
for part 3, division 2 for the term calculated under 2
section 67AZM and stated in the notice;22 and 3
(ii) of the individual's right to apply to the tribunal for a review 4
of the authority's decision.23 5
`(4) An individual given notice under subsection (3) is taken not to be a 6
fit and proper person for part 3, division 2 as stated in the notice. 7
`(5) Section 49 does not apply to a cancellation under subsection (3). 8
`67AZG Notice that not a fit and proper person to individual who is 9
not a licensee 10
`(1) For an individual who is not a licensee, subsection (3) applies if, 11
after considering submissions made by the individual for the notice under 12
section 67AZD(2), the authority still considers that the individual has 13
accumulated 30 demerit points in a period of 3 years. 14
`(2) Subsection (3) also applies if there are no submissions for the notice 15
under section 67AZD(2). 16
`(3) The authority must, by written notice given to the individual, inform 17
the individual-- 18
(a) that the authority still considers the individual has accumulated 19
30 demerit points in a period of 3 years; and 20
(b) that the individual is taken not to be a fit and proper person for 21
part 3, division 2 for the term calculated under section 67AZM 22
and stated in the notice;24 and 23
22 Part 3, division 2 (Entitlement to licence)
23 An individual who is given notice that they are taken not to be a fit and proper
person (a "disqualified individual") for a stated term may have the authority's
decision reviewed by the tribunal under the Tribunal Act, section 104(1)(p).
24 Part 3, division 2 (Entitlement to licence)
s 34 50 s 34
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(c) of the individual's right to apply to the tribunal for a review of the 1
authority's decision.25 2
`(4) An individual given notice under subsection (3) is taken not to be a 3
fit and proper person for part 3, division 2 as stated in the notice. 4
`67AZH Notice by authority to director, secretary, influential person 5
or nominee about demerit points 6
`(1) This section applies if the authority considers that a company has 7
accumulated 30 demerit points in a period of 3 years. 8
`(2) The authority may give an individual who was a director or secretary 9
of, or an influential person or nominee for, the company at the times the 10
30 demerit points were accumulated, a written notice stating-- 11
(a) details of the demerit matters for which the demerit points have 12
accumulated and the dates the points took effect; and 13
(b) the effect of the director, secretary, influential person or nominee 14
becoming a disqualified individual because the company has 15
accumulated 30 demerit points in a period of 3 years; and 16
(c) an invitation to the director, secretary, influential person or 17
nominee to make written submissions, within a stated period, to 18
satisfy the authority that-- 19
(i) the company has not accumulated 30 demerit points in a 20
period of 3 years; or 21
(ii) the director, secretary, influential person or nominee 22
exercised reasonable diligence to ensure that some or all of 23
the matters for which the demerit points accumulated did 24
not happen; or 25
(iii) the director, secretary, influential person or nominee was not 26
in a position to influence the conduct of the company's 27
affairs in relation to some or all of the matters for which the 28
demerit points accumulated. 29
`(3) The stated period must be at least 28 days after the written notice is 30
given to the director, secretary, influential person or nominee. 31
25 An individual who is given notice that they are taken not to be a fit and proper
person (a "disqualified individual") for a stated term may have the authority's
decision reviewed by the tribunal under the Tribunal Act, section 104(1)(p).
s 34 51 s 34
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`(4) The authority must consider any submissions made by the director, 1
secretary, influential person or nominee. 2
`(5) In deciding whether a company has accumulated 30 demerit points 3
in a period of 3 years, demerit points must not be counted for an unsatisfied 4
judgment debt paid in full before the end of the stated period. 5
`67AZI Ending procedure without further action 6
`(1) This section applies if, after considering submissions made by the 7
director, secretary, influential person or nominee, the authority is satisfied 8
that-- 9
(a) the company has not accumulated 30 demerit points in a period 10
of 3 years; or 11
(b) the director, secretary, influential person or nominee exercised 12
reasonable diligence to ensure that some or all of the demerit 13
matters for which the demerit points accumulated did not 14
happen; or 15
(c) the director, secretary, influential person or nominee was not in a 16
position to influence the conduct of the company's affairs in 17
relation to some or all of the demerit matters for which the 18
demerit points accumulated. 19
`(2) The authority must, as soon as practicable, advise the director, 20
secretary, influential person or nominee in writing that no further action 21
under this part will be taken in relation to the notice given under 22
section 67AZH(2). 23
`(3) However, subsection (2) does not apply if at least 30 demerit points 24
remain after taking into account the demerit matters mentioned in 25
subsection (1)(b) and (c). 26
`67AZJ Notice of cancellation and that not a fit and proper person to 27
director, secretary, influential person or nominee who is a licensee 28
`(1) For a director, secretary, influential person or nominee who is a 29
licensee, subsection (3) applies if, after considering the submissions made 30
by the director, secretary, influential person or nominee for the notice under 31
section 67AZH(2), the authority-- 32
s 34 52 s 34
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(a) still considers that the company has accumulated 30 demerit 1
points in a period of 3 years; and 2
(b) is not satisfied, in relation to demerit matters for which at least 3
30 demerit points accumulated-- 4
(i) that the director, secretary, influential person or nominee 5
was not in a position to influence the conduct of the 6
company's affairs; or 7
(ii) that the director, secretary, influential person or nominee 8
exercised reasonable diligence to ensure that the demerit 9
matters did not happen. 10
`(2) Subsection (3) also applies if there are no submissions for the notice 11
under section 67AZH(2). 12
`(3) The authority must, by written notice given to the director, secretary, 13
influential person or nominee-- 14
(a) inform the director, secretary, influential person or nominee that 15
the authority-- 16
(i) still considers that the company has accumulated 30 demerit 17
points in a period of 3 years; and 18
(ii) is not satisfied, in relation to demerit matters for which at 19
least 30 demerit points accumulated-- 20
(A) that the director, secretary, influential person or 21
nominee was not in a position to influence the conduct 22
of the company's affairs; or 23
(B) that the director, secretary, influential person or 24
nominee exercised reasonable diligence to ensure that 25
the demerit matters did not happen; and 26
(b) cancel the director's, secretary's, influential person's or 27
nominee's licence; and 28
(c) inform the director, secretary, influential person or nominee-- 29
(i) that the director, secretary, influential person or nominee is 30
taken not to be a fit and proper person for part 3, 31
division 2,26 for the term calculated under section 67AZM 32
and stated in the notice; and 33
26 Part 3, division 2 (Entitlement to licence)
s 34 53 s 34
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(ii) of the director's, secretary's, influential person's or 1
nominee's right to apply to the tribunal for a review of the 2
authority's decision.27 3
`(4) A director, secretary, influential person or nominee given notice 4
under subsection (3) is taken not to be a fit and proper person for part 3, 5
division 2 as stated in the notice. 6
`(5) Section 49 does not apply to a cancellation under subsection (3). 7
`67AZK Notice that not a fit and proper person to director, secretary, 8
influential person or nominee who is not a licensee 9
`(1) For a director, secretary, influential person or nominee28 who is not a 10
licensee, subsection (3) applies if, after considering the submissions made 11
by the director, secretary, influential person or nominee for the notice under 12
section 67AZH(2), the authority-- 13
(a) still considers that the company has accumulated 30 demerit 14
points in a period of 3 years; and 15
(b) is not satisfied, in relation to demerit matters for which at least 16
30 demerit points accumulated-- 17
(i) that the director, secretary, influential person or nominee 18
was not in a position to influence the conduct of the 19
company's affairs; or 20
(ii) that the director, secretary, influential person or nominee 21
exercised reasonable diligence to ensure that the demerit 22
matters did not happen. 23
`(2) Subsection (3) also applies if there are no submissions for the notice 24
under section 67AZH(2). 25
27 A director, secretary, influential person or nominee who is given notice that they are
taken not to be a fit and proper person (a "disqualified individual") for a stated
term may have the authority's decision reviewed by the tribunal under the Tribunal
Act, section 104(1)(p).
28 A nominee is included in this provision as a person who was a licensed nominee
when the company carried out the defective work may not be licensed when the
notice is given.
s 34 54 s 34
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`(3) The authority must, by written notice given to the director, secretary, 1
influential person or nominee inform the director, secretary, influential 2
person or nominee-- 3
(a) that the authority-- 4
(i) still considers that the company has accumulated 30 demerit 5
points in a period of 3 years; and 6
(ii) is not satisfied, in relation to demerit matters for which at 7
least 30 demerit points accumulated-- 8
(A) that the director, secretary, influential person or 9
nominee was not in a position to influence the conduct 10
of the company's affairs; or 11
(B) that the director, secretary, influential person or 12
nominee exercised reasonable diligence to ensure that 13
the demerit matters did not happen; and 14
(b) that the director, secretary, influential person or nominee is taken 15
not to be a fit and proper person for part 3, division 2,29 for the 16
term calculated under section 67AZM and stated in the notice; 17
and 18
(c) of the director's, secretary's, influential person's or nominee's 19
right to apply to the tribunal for a review of the authority's 20
decision.30 21
`(4) A director, secretary, influential person or nominee given notice 22
under subsection (3) is taken not to be a fit and proper person for part 3, 23
division 2 as stated in the notice. 24
`67AZL Notice by authority to company for which a disqualified 25
individual is a director, secretary, influential person or nominee 26
`(1) This section applies if the authority considers that a company that is 27
a licensee has an individual who is a disqualified individual as a director or 28
secretary of, or an influential person or nominee for, the company. 29
29 Part 3, division 2 (Entitlement to licence)
30 A director, secretary, influential person or nominee who is given notice that they are
taken not to be a fit and proper person (a "disqualified individual") for a stated
term may have the authority's decision reviewed by the tribunal under the Tribunal
Act, section 104(1)(p).
s 34 55 s 34
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`(2) The authority must give the company a written notice stating-- 1
(a) particulars identifying the individual (the "relevant individual") 2
the authority considers is a director or secretary of, or an 3
influential person or nominee for, the company;31 and 4
(b) that the relevant individual must stop being a director, secretary, 5
influential person or nominee within 28 days after the authority 6
gives the individual the written notice; and 7
(c) the authority must cancel the licensee's licence if the relevant 8
individual does not stop being a director, secretary, influential 9
person or nominee within the 28 days mentioned in 10
paragraph (b). 11
`(3) The authority must cancel the company's licence by written notice 12
given to the company if the relevant individual does not stop being a 13
director, secretary, influential person or nominee within the 28 days 14
mentioned in subsection (2)(b). 15
`(4) Section 49 does not apply to a cancellation under subsection (3). 16
`67AZM Terms of disqualifications 17
`(1) This section states the term for which an individual given a notice 18
under section 67AZF, 67AZG, 67AZJ or 67AZK is taken not to be a fit and 19
proper person for part 3, division 2 (the "term of disqualification"). 20
`(2) Only demerit points accumulated after the commencement of this 21
section may be taken into account in calculating the term of 22
disqualification. 23
`(3) The term of disqualification for an individual given a notice for 24
accumulating 30 demerit points in a period of 3 years for the first time is 25
3 years. 26
`(4) The term of disqualification for an individual given a notice for 27
accumulating 30 demerit points in a period of 3 years a second time or 28
subsequent time is the life of the individual. 29
`(5) A notice may be given to an individual a second time or subsequent 30
time under section 67AZF, 67AZG, 67AZJ or 67AZK if-- 31
31 A company may have the authority's decision reviewed by the tribunal under the
Tribunal Act, section 104(1)(q).
s 34 56 s 34
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(a) a notice for accumulating 30 demerit points in a period of 3 years 1
has been given under 1 of the sections stating a disqualification 2
of 3 years; and 3
(b) the second or subsequent notice relates to 30 demerit points 4
accumulated in a period of 3 years after the notice stating a 5
disqualification of 3 years is given. 6
`(6) It is declared that, in deciding whether a notice for accumulating 7
30 demerit points in a period of 3 years has been given to an individual a 8
second time or subsequent time, a notice given to an individual for the first 9
time under section 67AZF, 67AZG, 67AZJ or 67AZK stating a 10
disqualification of 3 years must be counted whether or not the individual 11
has served the term of the disqualification. 12
13
Example for subsections (5) and (6)--
14
An individual who is a licensee is given a notice under section 67AZF for accumulating
15
30 demerit points in a period of 3 years. The notice informs the individual that the
16
individual is taken not to be a fit and proper person for part 3, division 2 for 3 years.
17
After the notice under section 67AZF is given, the individual accumulates a further
18
30 demerit points in a period of 3 years that may include part of the term of
19
disqualification. The authority may give the individual a second notice under
20
section 67AZF for the further 30 demerit points whether or not the term of
21
disqualification has ended. Also, it is the second notice under section 67AZF that
22
informs the individual that the individual is taken not to be a fit and proper person for
23
part 3, division 2 for the life of the individual.
`(7) However, in deciding whether a notice for accumulating 30 demerit 24
points in a period of 3 years is given to an individual a second time or 25
subsequent time, an earlier notice given to an individual under 26
section 67AZF, 67AZG, 67AZJ or 67AZK must not be counted if-- 27
(a) the earlier notice was given more than 10 years before the second 28
or subsequent notice; or 29
(b) the authority's decision under the earlier notice was reversed or 30
annulled on review by the tribunal. 31
`(8) In this section a reference to accumulating 30 demerit points in a 32
period of 3 years is-- 33
(a) for an individual given notice under section 67AZF(3) or 34
67AZG(3)--a reference to the individual accumulating 35
30 demerit points in a period of 3 years; or 36
(b) for an individual given notice under section 67AZJ(3) or 37
67AZK(3)--a reference to the company for which the individual 38
s 35 57 s 37
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
was a director, secretary, influential person or nominee 1
accumulating 30 demerit points in a period of 3 years.'. 2
35 Amendment of s 67V (Offence of not warning that contract is
Clause 3
construction management trade contract) 4
Section 67V(2)(a), `approved by the board'-- 5
omit, insert-- 6
`prescribed by regulation'. 7
36 Amendment of s 69 (Insurance of building work)
Clause 8
Section 69(2), `prescribed by regulation'-- 9
omit, insert-- 10
`stated in the board's policies for the purpose'. 11
37 Insertion of new s 71A
Clause 12
Part 6, before section 72-- 13
insert-- 14
`71A Dispute resolution before rectification of building work ordered 15
`(1) This section applies to a consumer who wants the authority to 16
consider whether to direct rectification of building work under section 72. 17
`(2) The consumer must apply in writing to the authority stating-- 18
(a) the name of the person who carried out the building work; and 19
(b) details of the building work the consumer considers is defective 20
or incomplete; and 21
(c) other details the authority reasonably requires to consider the 22
matter. 23
`(3) The application must be accompanied by the fee prescribed under a 24
regulation. 25
`(4) Before it considers whether building work is defective or 26
incomplete, the authority may require the consumer to comply with a 27
s 38 58 s 38
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
process established by the authority to attempt to resolve the matter with 1
the person who carried out the building work. 2
`(5) For this section, the person who carried out the building work is 3
taken to include a person mentioned in section 72(5).'. 4
38 Insertion of new ss 106A106C
Clause 5
After section 106-- 6
insert-- 7
`106A Power to require production of documents 8
`(1) An inspector may require a person who has obligations under this 9
Act or the Domestic Building Contracts Act 2000 to make available, or 10
produce, for inspection by the inspector at a reasonable time and place 11
nominated by the inspector, a document to which the person has access that 12
relates to the person's obligations under this Act or the Domestic Building 13
Contracts Act 2000. 14
`(2) The inspector may keep the document to copy it. 15
`(3) If the inspector copies the document, or an entry in the document, 16
the inspector may require the person responsible for keeping the document 17
to certify the copy as a true copy of the document or entry. 18
`(4) The inspector must return the document to the person as soon as 19
practicable after copying it. 20
`(5) However, if a requirement (a "document certification 21
requirement") is made of a person under subsection (3), the inspector may 22
keep the document until the person complies with the requirement. 23
`(6) A requirement under subsection (1) is a "document production 24
requirement". 25
`106B Failure to produce document 26
`(1) A person of whom a document production requirement is made 27
must comply with the requirement, unless the person has a reasonable 28
excuse. 29
Maximum penalty--200 penalty units. 30
`(2) It is not a reasonable excuse to fail to produce the document that 31
producing the document might tend to incriminate the person. 32
s 39 59 s 40
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`106C Failure to certify copy of document 1
`(1) A person of whom a document certification requirement is made 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--100 penalty units. 5
`(2) It is not a reasonable excuse to fail to certify the document or an 6
entry in the document that certifying the document or entry might tend to 7
incriminate the person.'. 8
39 Amendment of s 107 (Power to enter and inspect building site)
Clause 9
(1) Section 107(2)(b)-- 10
renumber as section 107(2)(c). 11
(2) Section 107(2)-- 12
insert-- 13
`(b) during times building work is being carried out on the site; or'. 14
(3) Section 107-- 15
insert-- 16
`(2A) For the purpose of asking the person in control of the site for 17
consent to enter, an inspector may, without the person's consent or a 18
warrant enter the site to the extent that is reasonable to contact the person. 19
`(2B) Neither subsection (2)(b) or (2A) authorises entry to a place where 20
a person resides.'. 21
40 Amendment of s 108 (Obligation of assessment manager)
Clause 22
Section 108, `local authority'-- 23
omit, insert-- 24
`local government'. 25
s 41 60 s 43
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
41 Amendment of s 114 (Protection)
Clause 1
Section 114(1), after `this Act'-- 2
insert-- 3
`or the Building Act 1975'. 4
42 Amendment of s 116 (Regulations)
Clause 5
Section 116-- 6
insert-- 7
`(2) Without limiting subsection (1), a regulation may-- 8
(a) set fees payable under this Act and the matters for which the fees 9
are payable; and 10
(b) provide for the refunding of fees in stated circumstances; and 11
(c) impose a penalty of not more than 20 penalty units for a 12
contravention of a provision of the regulation.'. 13
43 Amendment of sch 1 (Transitional and validating provisions)
Clause 14
Schedule 1-- 15
insert-- 16
`PART 5--VALIDATING AND TRANSITIONAL 17
PROVISIONS FOR QUEENSLAND BUILDING 18
SERVICES AUTHORITY AND OTHER LEGISLATION 19
AMENDMENT ACT 2002 20
`Division 1--Interpretation 21
`17 Definition for pt 5 22
`In this part-- 23
"the regulation" means the Queensland Building Services Authority 24
Regulation 1992. 25
s 43 61 s 43
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`Division 2--Provision about financial requirements 1
`18 Validation of provisions about financial requirements 2
`(1) This section applies to section 7 of the regulation as in force, or 3
purporting to be in force, before 1 October 1999 and section 7A of the 4
regulation as in force, or purporting to be in force, before 19 November 5
1993 so far as the sections related to financial requirements. 6
`(2) The sections are taken to have been valid at all times and to have 7
imposed financial requirements under section 31 of the Act as in force at a 8
time mentioned in subsection (1). 9
`(3) Without limiting subsection (2), the authority and board are taken to 10
have had the power to make the determinations and policies mentioned in 11
the sections of the regulation. 12
`Division 3--Terms of insurance policies 13
`19 Validation of provision about terms of insurance policy 14
`(1) This section applies to section 24 of the regulation as in force, or 15
purporting to be in force, before the commencement of this section. 16
`(2) The section is taken to have been valid at all times including for the 17
purpose of prescribing the terms of a policy of insurance under 18
section 69(2) of the Act as in force at a time mentioned in subsection (1). 19
`(3) Without limiting subsection (2), the board is taken to have had the 20
power to make the policies mentioned in the section of the regulation. 21
`20 Existing policies apply for amended s 69(2) 22
`(1) Board policies in force, or purporting to be in force, immediately 23
before the commencement of this section for the purpose of section 24 of 24
the regulation continue in force for the purpose of section 69(2) of the Act 25
as amended by the Queensland Building Services Authority and Other 26
Legislation Amendment Act 2002. 27
`(2) Subsection (1) does not prevent the board amending or repealing the 28
policies. 29
s 43 62 s 43
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`Division 4--Licence classes and qualifications and experience 1
`21 Validation of sch 2, pt 25 of the regulation etc. 2
`(1) This section applies to schedule 2, part 25 of the regulation as in 3
force, or purporting to be in force, before the commencement of the 4
Queensland Building Services Authority Amendment Regulation (No. 2) 5
2002. 6
`(2) The part is taken to have been valid at all times before the 7
commencement of the Queensland Building Services Authority Amendment 8
Regulation (No. 2) 2002 for the purpose of specifying a class of building 9
work by regulation under section 30(2) of the Act and having stated the 10
qualifications and experience required by regulation under section 31(1)(b) 11
or 32(b) of the Act. 12
`(3) Without limiting subsection (2), the authority is taken to have had 13
the power to give the directions mentioned in the part and to make 14
decisions for deciding qualifications and experience requirements for the 15
part. 16
`(4) A board policy, or purported board policy, giving a direction or 17
containing a decision about scope of work, qualifications or experience 18
requirements is taken, for this section, to have been a direction or decision 19
of the authority given for the part. 20
`22 Transitional provision for licences valid 21
`Section 35 of the regulation as inserted by the Queensland Building 22
Services Authority Amendment Regulation (No. 2) 2002 is taken to have 23
been valid for the purpose mentioned in the section. 24
`Division 5--Non-trading licences 25
`23 Definition for div 5 26
`In this division-- 27
"non-trading licence" means an instrument purporting to be a contractor's 28
licence issued or renewed by the authority, in the period starting on 29
19 November 1999 and ending immediately before 27 August 2001, 30
s 43 63 s 43
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
stating that it was a non-trading licence or containing an expression 1
indicating that it was a non-trading licence. 2
3
Example of contractor's licence containing an expression indicating the licence was
4
a non-trading licence--
5
A contractor's licence containing the expression `NTL'.
`24 Non-trading licence taken to be valid 6
`(1) A non-trading licence is taken to have been and to be a valid 7
contractors licence subject to a valid condition under section 35 or 36 of the 8
Act that the licensee must not carry out, undertake to carry out or supervise 9
the carrying out of building work. 10
`(2) If the authority removed or removes the statement or expression on 11
the licence stating or indicating that it was a non-trading licence, the 12
authority is taken to have validly revoked the condition. 13
`Division 6--Courses of instruction for owner-builders 14
`25 Validation of provision about courses of instruction for 15
owner-builders 16
`(1) This section applies to section 13(4) and (5) of the regulation as in 17
force, or purporting to be in force, before the commencement of this 18
section. 19
`(2) Section 13(4) and (5) are taken to have been, and to be, valid at all 20
times including for the purpose of specifying a course of instruction under 21
section 44(3) of the Act. 22
`(3) Without limiting subsection (2), the board is taken to have had the 23
power to make the policies mentioned in section 13(4) and (5) of the 24
regulation. 25
`Division 7--Board's policies 26
`26 Certain board's policies continue in force 27
`(1) The board's policies that are general policies in force under the Act 28
before amendment-- 29
s 44 64 s 44
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(a) continue in force as board's policies under the Act after 1
amendment; and 2
(b) may be reviewed by the board and amended or repealed as if they 3
were made under section 9A of the Act after amendment. 4
`(2) The board's policies that are supervision policies continue in force 5
only until the commencement of section 17 of the amendment Act. 6
`(3) In this section-- 7
"Act after amendment" means the Queensland Building Services 8
Authority Act 1991 as in force immediately after the commencement 9
of section 6 of the amendment Act. 10
"Act before amendment" means the Queensland Building Services 11
Authority Act 1991 as in force immediately before the commencement 12
of section 6 of the amendment Act. 13
"amendment Act" means the Queensland Building Services Authority and 14
Other Legislation Amendment Act 2002.'. 15
44 Amendment of sch 2 (Dictionary)
Clause 16
(1) Schedule 2, definitions "completed building inspection", "excluded 17
company", "excluded individual", "influential person", "nominated 18
supervisor", "permitted individual", "relevant bankruptcy event", "relevant 19
company event" and "relevant event"-- 20
omit. 21
(2) Schedule 2-- 22
insert-- 23
` "accumulate", for part 3E, see section 67AQ. 24
"administering authority", for part 3E, see section 67AQ. 25
"banned individual" see section 67AC. 26
"Building Code of Australia" see the Building Act 1975, section 3. 27
"carry out tier 1 defective work" see section 67AB(2). 28
s 44 65 s 44
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
"completed building inspection" means the inspection or investigation of, 1
and the provision of advice or a report about, the following class 1a32 2
or 1033 buildings under the Building Code of Australia-- 3
(a) a building for which there is no current contract between a 4
building contractor and a consumer because the contract has been 5
completed; 6
7
Example--
8
An existing detached house that has previously been occupied or that has
9
recently been built.
(b) a building on which work is not being carried out because the 10
contract under which it was being carried out has been 11
terminated; 12
13
Example--
14
A detached house on which a building contractor has stopped building
15
work in breach of the terms of a contract with a consumer and the
16
consumer has terminated the contract.
(c) a building on which work is being, or was, carried out but not 17
under a contract between a building contractor and a consumer. 18
19
Example--
20
A detached house being built by, or that was built by, a building contractor
21
but not under a contract with a particular consumer. This is known in the
22
building industry as "a speccy".
"contract administration", in relation to building work designed by a 23
person, includes the following-- 24
(a) preparing tender documentation and calling and selecting 25
tenders; 26
(b) preparing, or helping the person's clients with the preparation of, 27
contracts; 28
(c) preparing additional documentation for the person's clients or 29
building contractors; 30
(d) arranging and conducting on-site meetings and inspections; 31
32 Class 1a includes a detached house, a row house, a terrace house, a town house and
a villa unit.
33 Class 10 includes non-habitable buildings such as private garages, carports and
sheds.
s 44 66 s 44
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
(e) arranging progress payments; 1
(f) arranging for certificates, including certificates from a local 2
government, to be issued; 3
(g) providing advice and help to the person's clients including 4
during the maintenance period allowed under a contract. 5
"convicted company officer" means a person who has been convicted of 6
an offence under the Corporations Act 2001 (Cwlth), section 596(b) 7
or (c).34 8
"conviction", for part 3E, see section 67AQ. 9
"default certificate", for part 3E, see section 67AQ. 10
"demerit matter" see section 67AQ. 11
"demerit offence", for part 3E, see section 67AR. 12
"demerit points" see section 67AQ. 13
"disqualified individual" see section 67AU. 14
"document certification requirement" see section 106A(5). 15
"document production requirement" see section 106A(6). 16
"domestic building work" see the Domestic Building Contracts Act 2000, 17
schedule 2. 18
"excluded company" see section 56AC(7). 19
"excluded individual", for a relevant event, see section 56AC(3) and (4). 20
"influential person", for a company, means an individual, other than a 21
director or secretary of the company, who is in a position to control or 22
substantially influence the conduct of the company's affairs, 23
including, for example, a shareholder with a significant shareholding, 24
a financier or a senior employee. 25
"infringement notice", for part 3E, see section 67AQ. 26
"judgment debt" see section 67AS. 27
"nominee", in relation to a company, means an officer or employee of the 28
company nominated by the company to have the general supervision 29
of building work to be carried out under a licence. 30
34 Corporations Act 2001 (Cwlth), section 596 (Frauds by officers)
s 44 67 s 44
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
"occupational licence" means a licence or registration for an occupation 1
that is-- 2
(a) issued to a person by an entity other than the authority; and 3
(b) required by the person to carry out the occupation. 4
"period of 3 years", for part 3E, see section 67AQ. 5
"permanently excluded individual" see section 58. 6
"permitted individual", for a relevant event, means an individual who, 7
under part 3A, is categorised as a permitted individual for the relevant 8
event. 9
"registrar", for part 3E, see section 67AQ. 10
"relevant bankruptcy event" see section 56AC(1)(a). 11
"relevant company event" see section 56AC(2)(b). 12
"relevant event" means a relevant bankruptcy event or a relevant 13
company event. 14
"SPER", for part 3E, see section 67AQ. 15
"term of ban" see section 67AO. 16
"term of disqualification", for part 3E, see section 67AZM. 17
"tier 1 defective work" see section 67AB(1). 18
"unsatisfied", in relation to a judgment debt, see section 67AT.'. 19
(3) Schedule 2, definition "building work"-- 20
insert-- 21
`(fa) contract administration carried out by a person in relation to the 22
construction of a building designed by the person; or 23
(j) the inspection or investigation of a building, and the provision of 24
advice or a report, for the following-- 25
(i) termite management systems for the building; 26
(ii) termite infestation in the building;'. 27
s 45 68 s 47
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
PART 3--AMENDMENT OF DOMESTIC BUILDING 1
CONTRACTS ACT 2000 2
45 Act amended in pt 3
Clause 3
This part amends the Domestic Building Contracts Act 2000. 4
46 Insertion of new s 17A
Clause 5
After section 17-- 6
insert-- 7
`17A Multiple contracts for the same domestic building work 8
`(1) This section applies if a building contractor and building owner 9
enter into 2 or more separate contracts that-- 10
(a) could be the subject of a single contract for carrying out domestic 11
building work; and 12
(b) if they were the subject of a single contract, would be a contract 13
for carrying out domestic building work. 14
`(2) The separate contracts are taken to be a single contract for which the 15
contract price is the sum of the contract prices for the separate contracts. 16
17
Example for this section--
18
A building contractor that manufactures and installs kitchens enters into one contract
19
with a building owner for the manufacture of a kitchen and a second contract for its
20
installation.'.
PART 4--AMENDMENT OF QUEENSLAND BUILDING 21
TRIBUNAL ACT 2000 22
47 Act amended in pt 4
Clause 23
This part amends the Queensland Building Tribunal Act 2000. 24
s 48 69 s 48
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
48 Amendment of s 104 (Reviewable decisions)
Clause 1
(1) Section 104(1), after paragraph (k)-- 2
insert-- 3
`(l) a decision under the Queensland Building Services Authority Act 4
1991, section 66 or 67 that a person is a convicted company 5
officer; 6
(m) a decision under the Queensland Building Services Authority Act 7
1991, section 67AA that a company that is a licensee has an 8
individual who is a convicted company officer as a director or 9
secretary of, or an influential person or nominee for, the 10
company; 11
(n) a decision under the Queensland Building Services Authority Act 12
1991, section 67AH, 67AI, 67AL or 67AM that an individual is a 13
banned individual for a stated term; 14
(o) a decision under the Queensland Building Services Authority Act 15
1991, section 67AN that a company that is a licensee has an 16
individual who is a banned individual as a director or secretary 17
of, or an influential person or nominee for, the company; 18
(p) a decision under the Queensland Building Services Authority Act 19
1991, section 67AZF, 67AZG, 67AZJ or 67AZK that an 20
individual is a disqualified individual for a stated term; 21
(q) a decision under the Queensland Building Services Authority Act 22
1991, section 67AZL that a company that is a licensee has an 23
individual who is a disqualified individual as a director or 24
secretary of, or an influential person or nominee for, the 25
company.'. 26
(2) Section 104-- 27
insert-- 28
`(3) For subsection (1)(n), if the tribunal, after reviewing the matters 29
mentioned in the Queensland Building Services Authority Act 1991, 30
section 67AH(1)(a) to (c), 67AI(1)(a) to (c), 67AL(1)(a) and (b) or 31
67AM(1)(a) and (b), is satisfied that an individual is a banned individual, it 32
may not vary the term of ban applying to the individual if it has been 33
correctly calculated under the Queensland Building Services Authority Act 34
1991, section 67AO. 35
s 49 70 s 51
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
`(4) For subsection (1)(p), if the tribunal, after reviewing the matters 1
mentioned in the Queensland Building Services Authority Act 1991, 2
section 67AZF(1), 67AZG(1), 67AZJ(1)(a) and (b) or 67AZK(1)(a) and 3
(b), is satisfied that an individual is a disqualified individual, it may not 4
vary the term of disqualification applying to the individual if it has been 5
correctly calculated under the Queensland Building Services Authority Act 6
1991, section 67AZM.'. 7
49 Amendment of s 111 (Orders for disciplinary action)
Clause 8
(1) Section 111(2)(a), `200 penalty units'-- 9
omit, insert-- 10
`400 penalty units'. 11
(2) Section 111(2)(b), `1 000 penalty units'-- 12
omit, insert-- 13
`2 000 penalty units'. 14
PART 5--AMENDMENT OF STATE HOUSING ACT 1945 15
50 Act amended in pt 5
Clause 16
This part amends the State Housing Act 1945. 17
51 Amendment of s 22B (Provision of land for industry, trade or
Clause 18
business) 19
Section 22B(5), definition "prescribed percentage"-- 20
omit, insert-- 21
` "prescribed percentage" means-- 22
(a) if a percentage is prescribed under a regulation for this definition 23
and is effective at the date of commencement of the relevant 24
rental period--that percentage; or 25
(b) otherwise--10%.'. 26
s 52 71 s 52
Queensland Building Services Authority and Other
Legislation Amendment Bill 2002
52 Insertion of new s 51
Clause 1
After section 50-- 2
insert-- 3
`51 Validation of annual rental charged for s 22B 4
`(1) This section applies despite section 22B as in force before the 5
commencement of this section. 6
`(2) For a rental period of 1 year commencing on 1 July 1998 or a later 7
1 July happening before the commencement of this section, the prescribed 8
percentage for section 22B(4) always was and is 10%. 9
`(3) Without limiting subsection (2), in relation to a rental period 10
mentioned in that subsection, annual rental charged and collected for the 11
purpose of section 22B(4) based on 10% of the unimproved value of land 12
the subject of a lease at the commencement of the rental period is taken to 13
have been validly charged and collected.'. 14
© State of Queensland 2002
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