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Queensland
Queensland Building Services
Authority and Other
Legislation Amendment Bill
2007
Queensland
Queensland Building Services Authority
and Other Legislation Amendment Bill
2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Queensland Building Services Authority Act
1991
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Omission of s 4AA (Note in text) . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 30 (Classes of licences) . . . . . . . . . . . . . . . . . . 10
6 Insertion of new ss 30A30C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
30A Nominee supervisor's licence. . . . . . . . . . . . . . . . . . . 11
30B Site supervisor's licence . . . . . . . . . . . . . . . . . . . . . . . 12
30C Fire protection occupational licence . . . . . . . . . . . . . . 13
7 Amendment of s 31 (Entitlement to contractor's licence) . . . . . . . 13
8 Replacement of s 32 (Entitlement to supervisor's licence). . . . . . 15
32 Entitlement to a nominee supervisor's licence . . . . . . 15
32AA Entitlement to a site supervisor's licence . . . . . . . . . . 16
32AB Entitlement to a fire protection occupational licence . 17
9 Amendment of s 33 (Application for licence) . . . . . . . . . . . . . . . . 18
10 Amendment of s 34 (Grant of licence) . . . . . . . . . . . . . . . . . . . . . 18
11 Replacement of pt 3, div 5, heading and s 37 . . . . . . . . . . . . . . . 18
Division 5 Renewal of licences
37 When licences to be renewed . . . . . . . . . . . . . . . . . . 19
37A Authority to advise licensee before licence due for
renewal ........................... 19
37B Applications for renewal of licence . . . . . . . . . . . . . . . 20
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Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
37C Renewal fee increased if directions given . . . . . . . . . 20
12 Amendment of s 38 (Suspension for non-payment of fee) . . . . . . 22
13 Omission of pt 3, div 6 (The register) . . . . . . . . . . . . . . . . . . . . . . 22
14 Amendment of s 42 (Unlawful carrying out of building work) . . . . 22
15 Insertion of new ss 42B42D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
42B Carrying out building work without a nominee . . . . . . 24
42C Unlawful carrying out of fire protection work . . . . . . . 24
42D Licensed contractor must not engage or direct
unauthorised person for fire protection work . . . . . . . 25
16 Replacement of s 43 (Supervision of building work) . . . . . . . . . . 25
43 Licensed contractor must ensure building work is
personally supervised . . . . . . . . . . . . . . . . . . . . . . . . 25
43A Licensed contractor must ensure building work is
adequately supervised . . . . . . . . . . . . . . . . . . . . . . . . 26
43B Construction manager must ensure building work is
personally supervised . . . . . . . . . . . . . . . . . . . . . . . . 28
43C Construction manager must ensure building work is
adequately supervised . . . . . . . . . . . . . . . . . . . . . . . . 29
17 Insertion of new ss 43D and 43E . . . . . . . . . . . . . . . . . . . . . . . . . 30
43D Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
43E When owner-builder permit is required . . . . . . . . . . . 31
18 Replacement of s 44 (Permits for owner-builders) . . . . . . . . . . . . 32
44 Application for owner-builder permit . . . . . . . . . . . . . . 32
44A Consideration of application for permit . . . . . . . . . . . . 33
44B Criteria for granting application for permit . . . . . . . . . 33
44C When permit becomes effective . . . . . . . . . . . . . . . . . 35
44D Term of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
44E Conditions of permit . . . . . . . . . . . . . . . . . . . . . . . . . . 35
44F Form of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
44G Cancellation or suspension of permit . . . . . . . . . . . . . 36
44H Procedure for cancellation or suspension . . . . . . . . . 37
44I Permit issued to more than 1 person . . . . . . . . . . . . . 37
44J Surrender of permit . . . . . . . . . . . . . . . . . . . . . . . . . . 38
45 Replacement of permits . . . . . . . . . . . . . . . . . . . . . . . 38
19 Amendment of s 46 (Notification on certificate of title) . . . . . . . . . 38
20 Amendment of s 48 (Cancellation or suspension of licence) . . . . 39
21 Amendment of s 49B (Suspension or cancellation for failure to
comply with tribunal's orders and directions (s 86 QBTA)) . . . . . . 39
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Queensland Building Services Authority and Other
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22 Amendment of s 50A (Approved audit program) . . . . . . . . . . . . . 39
23 Amendment of s 50C (Supply of financial records and other
documents under approved audit program or for other reason) . . 39
24 Replacement of s 51 (Improper use of licence card, certificate,
number or PIN) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
50D Person must not pretend to be a licensee . . . . . . . . . 40
51 Improper use of licence card, certificate, number or
PIN ................................ 40
25 Amendment of s 51A (Other offences relating to unlawful
carrying out of building work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
26 Amendment of s 51B (Licensed contractor must not contract
with unlicensed person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
27 Amendment of s 53B (False or misleading documents about
financial requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
28 Insertion of new s 53C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
53C Advertising by unlicensed person. . . . . . . . . . . . . . . . 42
29 Amendment of s 56 (Partnerships). . . . . . . . . . . . . . . . . . . . . . . . 43
30 Insertion of new s 56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
56A Authority may request photographs for licence . . . . . 43
31 Amendment of s 56AB (Operation of pt 3A) . . . . . . . . . . . . . . . . . 43
32 Amendment of s 56AD (Becoming a permitted individual). . . . . . 43
33 Amendment of s 57 (Operation of pt 3B) . . . . . . . . . . . . . . . . . . . 44
34 Amendment of s 62 (Operation of pt 3C) . . . . . . . . . . . . . . . . . . . 45
35 Amendment of s 67AQ (Definitions for pt 3E) . . . . . . . . . . . . . . . 45
36 Amendment of s 67AR (Meaning of demerit offence) . . . . . . . . . 45
37 Amendment of s 67AV (Operation of pt 3E) . . . . . . . . . . . . . . . . . 46
38 Amendment of s 67AX (When demerit points allocated for
demerit offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
39 Replacement of s 67B (Meaning of construction management
trade contract in pt 4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
67B Meaning of construction management trade contract 46
40 Amendment of s 67G (Building contracts to be in writing) . . . . . . 47
41 Amendment of s 67I (Directions given under building contracts) . 47
42 Amendment of s 67V (Offence of not warning that contract is
construction management trade contract) . . . . . . . . . . . . . . . . . . 47
43 Insertion of new ss 67X and 67Y . . . . . . . . . . . . . . . . . . . . . . . . . 47
67X Statutory insurance scheme may be called
Queensland Home Warranty Scheme . . . . . . . . . . . . 48
67Y Protection of expressions associated with statutory
insurance scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
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Queensland Building Services Authority and Other
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44 Amendment of s 68 (Payment of insurance premium) . . . . . . . . . 49
45 Insertion of new ss 68A68D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
68A Multiple contracts for the same residential
construction work ...................... 50
68B When insurance premium is payable by licensed
contractor ............................ 50
68C When insurance premium is payable by construction
manager ........................... 50
68D Setting of insurance premiums for residential
construction work . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
46 Amendment of s 69 (Insurance of building work) . . . . . . . . . . . . . 51
47 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
69A Commencement of insurance cover. . . . . . . . . . . . . . 52
48 Amendment of s 70 (Insurance claims) . . . . . . . . . . . . . . . . . . . . 53
49 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
70A Persons not entitled to indemnity under insurance
scheme ......................... 54
50 Insertion of new s 71AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
71AA Cancellation of policy of insurance. . . . . . . . . . . . . . . 54
51 Amendment of s 72 (Power to require rectification of building
work) ..................................... 56
52 Amendment of s 75 (Tribunal work defined (ss 7 & 8 QBTA)) . . . 57
53 Amendment of s 76 (What is not tribunal work (s 7 QBTA)) . . . . . 57
54 Amendment of s 77 (Tribunal may decide building dispute (s 93
QBTA)) ...................................... 57
55 Amendment of s 78 (When major commercial building dispute
may be heard by tribunal (s 94 QBTA)) . . . . . . . . . . . . . . . . . . . . 57
56 Amendment of s 79 (Procedure to decide whether all parties
consent (s 95 QBTA)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
57 Amendment of s 80 (Procedure if another party discovered
(s 96 QBTA)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
58 Amendment of s 81 (Consent may not be withdrawn (s 97
QBTA)) ...................................... 58
59 Amendment of s 82 (Tribunal may make interim order (s 98
QBTA)) ..................................... 58
60 Amendment of s 83 (Proceeding in tribunal stops action by
authority (s 99 QBTA)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
61 Amendment of s 84 (Tribunal to decide about rectification or
completion work (s 101 QBTA)) . . . . . . . . . . . . . . . . . . . . . . . . . . 58
62 Amendment of s 85 (Tribunal may hear dispute while contract
still in operation (s 102 QBTA)). . . . . . . . . . . . . . . . . . . . . . . . . . . 58
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Queensland Building Services Authority and Other
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63 Amendment of s 86 (Reviewable decisions (s 104 QBTA)) . . . . . 59
64 Amendment of s 87 (Application for review (s 105 QBTA)) . . . . . 59
65 Amendment of s 88 (Tribunal has jurisdiction to conduct
disciplinary proceeding (s 108 QBTA)) . . . . . . . . . . . . . . . . . . . . . 59
66 Amendment of s 89 (Proper grounds for disciplinary action
against a licensee (s 109 QBTA)). . . . . . . . . . . . . . . . . . . . . . . . . 60
67 Amendment of s 90 (Proper grounds for disciplinary action
against person not a licensee (s 110 QBTA)) . . . . . . . . . . . . . . . . 60
68 Amendment of s 91 (Orders for disciplinary action (s 111
QBTA)) ...................................... 60
69 Amendment of s 92 (Tribunal may conduct public examination
(s 112 QBTA)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
70 Amendment of s 93 (Decisions about debts arising from
statutory insurance scheme (s 116 QBTA)) . . . . . . . . . . . . . . . . . 60
71 Amendment of s 94 (Transfer of proceedings between tribunal
and the courts (s 117 QBTA)). . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
72 Amendment of s 95 (Expedited hearing of domestic building
disputes (s 128 QBTA)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
73 Amendment of s 96 (Certain minor commercial building
disputes may be expedited (s 129 QBTA)) . . . . . . . . . . . . . . . . . . 61
74 Amendment of s 97 (Judicial Review excluded for minor
domestic building disputes (s 170 QBTA)) . . . . . . . . . . . . . . . . . . 61
75 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Part 8 Registers
98 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
99 Licensee register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
100 When information may be included in the licensee
register ............................ 63
101 Licensees must advise change of circumstances . . . 64
102 When notes must be removed from the licensee
register ........................... 65
103 Register of holders of owner-builder permits . . . . . . . 66
103A When particulars must be removed from
owner-builder register. . . . . . . . . . . . . . . . . . . . . . . . . 67
103B Developer register . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
103C When notes must be removed from developer
register ............................. 68
103D Inspection of registers . . . . . . . . . . . . . . . . . . . . . . . . 68
103E Publication of registers . . . . . . . . . . . . . . . . . . . . . . . . 68
103F Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
76 Replacement of s 105 (Inspector to produce identity card) . . . . . 69
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Queensland Building Services Authority and Other
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105 Inspector to produce identity card and provide
information ......................... 69
77 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
107A Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . 69
78 Amendment of s 108 (Obligation of assessment manager) . . . . . 70
79 Insertion of new ss 108A108D . . . . . . . . . . . . . . . . . . . . . . . . . . 70
108A Documents that must be kept for 7 years . . . . . . . . . . 70
108B False or misleading statement . . . . . . . . . . . . . . . . . . 71
108C False or misleading document . . . . . . . . . . . . . . . . . . 71
108D Contracting out prohibited . . . . . . . . . . . . . . . . . . . . . 71
80 Amendment of s 116 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . 72
81 Amendment of sch 1 (Transitional and validating provisions). . . . 72
Part 8 Transitional provisions for Queensland
Building Services Authority and Other
Legislation Amendment Act 2007
31 Transitional provisions for existing supervisors'
licences ............................ 72
32 Transitional qualifications for site supervisors'
licences ............................ 72
33 Transitional provision for fire protection occupational
licences ............................ 73
34 Transitional provision for certain fire protection
work ............................... 73
35 Transitional provision for photograph on licence. . . . . 74
36 Transitional provision for continuation of register of
licensees ........................... 74
82 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 3 Amendment of Domestic Building Contracts Act 2000
83 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
84 Amendment of s 7 (Meaning of domestic building contract). . . . . 81
85 Amendment of s 9 (Meaning of regulated contract) . . . . . . . . . . . 82
86 Amendment of s 26 (Contracts must be in writing) . . . . . . . . . . . 82
87 Amendment of s 27 (General contents of contracts) . . . . . . . . . . 82
88 Insertion of new s 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
31 Documents that must be kept for 7 years . . . . . . . . . . 83
89 Amendment of s 54 (Mixed-purpose contracts) . . . . . . . . . . . . . . 83
90 Amendment of s 65 (Progress payments for contracts other than
designated stages contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
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Queensland Building Services Authority and Other
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Part 4 Amendment of Professional Engineers Act 2002
91 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
92 Amendment of pt 11, heading . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
93 Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 3 Validating provision
166 Validating registration of professional engineers . . . . 84
2007
A Bill
for
An Act to amend the Queensland Building Services Authority
Act 1991 and other Acts
s1 10 s5
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Queensland Building Services 4
Authority and Other Legislation Amendment Act 2007. 5
Clause 2 Commencement 6
This Act, other than part 4, commences on a day to be fixed 7
by proclamation. 8
Part 2 Amendment of Queensland 9
Building Services Authority Act 10
1991 11
Clause 3 Act amended in pt 2 12
This part amends the Queensland Building Services Authority 13
Act 1991. 14
Clause 4 Omission of s 4AA (Note in text) 15
Section 4AA-- 16
omit. 17
Clause 5 Amendment of s 30 (Classes of licences) 18
(1) Section 30, heading, after `of'-- 19
insert-- 20
`contractors' '. 21
s6 11 s6
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(2) Section 30(1)-- 1
omit, insert-- 2
`(1) A licence (a contractor's licence) may be issued authorising 3
the licensee-- 4
(a) to carry out all classes of building work; or 5
(b) to carry out building work of 1 or more classes specified 6
in the licence.'. 7
(3) Section 30(2), `Licences'-- 8
omit, insert-- 9
`Contractors' licences'. 10
(4) Section 30(3), `or supervisor's licence'-- 11
omit. 12
Clause 6 Insertion of new ss 30A30C 13
Part 3, division 1, after section 30-- 14
insert-- 15
`30A Nominee supervisor's licence 16
`(1) A licence (a nominee supervisor's licence) may be issued 17
authorising an individual-- 18
(a) if the individual is the nominee for a licensed contractor 19
that is a company, to-- 20
(i) provide supervisory services for building work 21
carried out under the company's licence; and 22
(ii) perform the functions required of a nominee under 23
this Act; or 24
(b) if the individual is an officer or employee of a company, 25
other than the company's nominee--to personally 26
supervise building work carried out under the 27
company's licence. 28
`(2) An individual who holds a nominee supervisor's licence and 29
who is the employee of a licensed contractor that is an 30
s6 12 s6
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
individual may personally supervise building work carried out 1
under the contractor's licence. 2
`(3) Nominee supervisors' licences are to be divided into classes 3
by regulation-- 4
(a) according to whether the licence relates to all classes of 5
building work or is limited to a specified class or 6
specified classes of building work; and 7
(b) if the licence is limited to a specified class, or specified 8
classes, of building work--according to the class or 9
classes of building work to which it relates. 10
`(4) A nominee supervisor's licence may be issued for any class of 11
licence. 12
`30B Site supervisor's licence 13
`(1) A licence (a site supervisor's licence) may be issued 14
authorising an individual, while the individual is an officer or 15
employee of a licensed contractor that is a company, to 16
personally supervise building work carried out under the 17
company's licence. 18
`(2) A licence (also a site supervisor's licence) may be issued 19
authorising an individual, while the individual is an employee 20
of a licensed contractor that is an individual, to personally 21
supervise building work carried out under the contractor's 22
licence. 23
`(3) Site supervisors' licences are to be divided into classes by 24
regulation-- 25
(a) according to whether the licence relates to all classes of 26
building work or is limited to a specified class or 27
specified classes of building work; and 28
(b) if the licence is limited to a specified class, or specified 29
classes, of building work--according to the class or 30
classes of building work to which it relates. 31
`(4) A site supervisor's licence may be issued for any class of 32
licence. 33
s7 13 s7
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`30C Fire protection occupational licence 1
`(1) A licence (a fire protection occupational licence) may be 2
issued authorising an individual, while the individual is an 3
officer or employee of a licensed contractor that is a company, 4
to personally carry out and personally supervise fire 5
protection work carried out under the company's licence. 6
`(2) A licence (also a fire protection occupational licence) may be 7
issued authorising an individual, while the individual is an 8
employee of a licensed contractor that is an individual, to 9
personally carry out and personally supervise fire protection 10
work carried out under the contractor's licence. 11
`(3) Fire protection occupational licences are to be divided into 12
classes by regulation-- 13
(a) according to whether the licence relates to all classes of 14
fire protection work or is limited to a specified class or 15
specified classes of fire protection work; and 16
(b) if the licence is limited to a specified class, or specified 17
classes, of fire protection work--according to the class 18
or classes of fire protection work to which it relates. 19
`(4) A fire protection occupational licence may be issued for any 20
class of licence.'. 21
Clause 7 Amendment of s 31 (Entitlement to contractor's licence) 22
(1) Section 31(1), after paragraph (c)-- 23
insert-- 24
`(d) the applicant can lawfully work in Queensland; and 25
(e) the applicant is not an excluded individual for a relevant 26
event or a permanently excluded individual; and 27
(f) the applicant is not a disqualified individual; and 28
(g) the applicant is not a banned individual; and 29
(h) the applicant does not have an unpaid judgement debt 30
for an amount the authority may recover under section 31
71.'. 32
(2) Section 31(2)(a)-- 33
s7 14 s7
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
omit, insert-- 1
`(a) the directors, secretary and influential persons for the 2
company are fit and proper persons to exercise control 3
or influence over a company that holds a contractor's 4
licence; and'. 5
(3) Section 31(2), after paragraph (c)-- 6
insert-- 7
`(d) the company is not an excluded company; and 8
(e) the company is not a company for which a banned or 9
disqualified individual is a director, secretary, influential 10
person or nominee; and 11
(f) neither the company, nor a director, secretary, influential 12
person or nominee of the company has an unpaid 13
judgement debt for an amount the authority may recover 14
under section 71.'. 15
(4) After section 31(3)(c)-- 16
insert-- 17
`(ca) if the person is an enforcement debtor under an 18
enforcement order for an infringement notice offence 19
for this Act or the Domestic Building Contracts Act 20
2000--whether the person has taken steps under the 21
State Penalties Enforcement Act 1999 to discharge the 22
amount stated in the enforcement order; and'. 23
(5) After section 31(3)-- 24
insert-- 25
`(4) However, the authority may not have regard to the matter 26
mentioned in subsection (3)(ca) if-- 27
(a) the person has applied for cancellation of the relevant 28
enforcement order and the application for cancellation 29
has not been finally decided; or 30
(b) 28 days have not elapsed since the date of the 31
enforcement order.'. 32
s8 15 s8
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 8 Replacement of s 32 (Entitlement to supervisor's licence) 1
Section 32-- 2
omit, insert-- 3
`32 Entitlement to a nominee supervisor's licence 4
`(1) An individual is entitled to a nominee supervisor's licence if 5
the authority is, on application by the individual, satisfied 6
that-- 7
(a) the applicant has the qualifications and experience 8
required by regulation for a licence of the relevant class; 9
and 10
(b) the applicant can lawfully work in Queensland; and 11
(c) the applicant is not an excluded individual for a relevant 12
event or a permanently excluded individual; and 13
(d) the applicant is not a banned individual; and 14
(e) the applicant is not a disqualified individual; and 15
(f) the applicant does not have an unpaid judgement debt 16
for an amount the authority may recover under section 17
71; and 18
(g) the applicant is a fit and proper person to hold the 19
licence. 20
`(2) In deciding whether an applicant is a fit and proper person to 21
hold the licence, the authority may have regard to-- 22
(a) commercial and other dealings in which the applicant 23
has been involved and the standard of honesty and 24
integrity demonstrated in those dealings; and 25
(b) any failure by the applicant to carry out commercial or 26
statutory obligations and the reasons for the failure; and 27
(c) tier 1 defective work carried out by the applicant, 28
whether or not the applicant received a notice under 29
section 67AH, 67AI, 67AL or 67AM stating a term of 30
ban for the work; and 31
(d) if the person is an enforcement debtor under an 32
enforcement order for an infringement notice offence 33
for this Act or the Domestic Building Contracts Act 34
s8 16 s8
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
2000--whether the person has taken steps under the 1
State Penalties Enforcement Act 1999 to discharge the 2
amount stated in the enforcement order; and 3
(e) any other relevant factor. 4
`(3) However, the authority may not have regard to the matter 5
mentioned in subsection (2)(d) if-- 6
(a) the person has applied for cancellation of the relevant 7
enforcement order and the application for cancellation 8
has not been finally decided; or 9
(b) 28 days have not elapsed since the date of the 10
enforcement order. 11
`32AA Entitlement to a site supervisor's licence 12
`(1) An individual is entitled to a site supervisor's licence if the 13
authority is, on application by the individual, satisfied that-- 14
(a) the applicant has the qualifications required by 15
regulation for a licence of the relevant class; and 16
(b) the applicant can lawfully work in Queensland; and 17
(c) the applicant is not a banned individual; and 18
(d) the applicant is a fit and proper person to hold the 19
licence. 20
`(2) In deciding whether an applicant is a fit and proper person to 21
hold the licence, the authority may have regard only to-- 22
(a) tier 1 defective work carried out by the applicant, 23
whether or not the applicant received a notice under 24
section 67AH, 67AI, 67AL or 67AM stating a term of 25
ban for the work; and 26
(b) if the person is an enforcement debtor under an 27
enforcement order for an infringement notice offence 28
for this Act or the Domestic Building Contracts Act 29
2000--whether the person has taken steps under the 30
State Penalties Enforcement Act 1999 to discharge the 31
amount stated in the enforcement order. 32
s8 17 s8
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`(3) However, the authority may not have regard to the matter 1
mentioned in subsection (2)(b) if-- 2
(a) the person has applied for cancellation of the relevant 3
enforcement order and the application for cancellation 4
has not been finally decided; or 5
(b) 28 days have not elapsed since the date of the 6
enforcement order. 7
`32AB Entitlement to a fire protection occupational licence 8
`(1) An individual is entitled to a fire protection occupational 9
licence if the authority is, on application by the individual, 10
satisfied that-- 11
(a) the applicant has the qualifications required by 12
regulation for a licence of the relevant class; and 13
(b) the applicant can lawfully work in Queensland; and 14
(c) the applicant is not a banned individual; and 15
(d) the applicant is a fit and proper person to hold a licence. 16
`(2) In deciding whether an applicant is a fit and proper person, the 17
authority may have regard only to-- 18
(a) tier 1 defective work carried out by the applicant, 19
whether or not the applicant received a notice under 20
section 67AH, 67AI, 67AL or 67AM stating a term of 21
ban for the work; and 22
(b) if the person is an enforcement debtor under an 23
enforcement order for an infringement notice offence 24
for this Act or the Domestic Building Contracts Act 25
2000--whether the person has taken steps under the 26
State Penalties Enforcement Act 1999 to discharge the 27
amount stated in the enforcement order. 28
`(3) However, the authority may not have regard to the matter 29
mentioned in subsection (2)(b) if-- 30
(a) the person has applied for cancellation of the relevant 31
enforcement order and the application for cancellation 32
has not been finally decided; or 33
s9 18 s 11
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(b) 28 days have not elapsed since the date of the 1
enforcement order.'. 2
Clause 9 Amendment of s 33 (Application for licence) 3
Section 33(1)(b)-- 4
omit, insert-- 5
`(b) must be accompanied by-- 6
(i) if the applicant is an individual, 2 recent 7
passport-size photographs of the applicant suitable 8
for inclusion in a licence and certified in the way 9
prescribed by regulation; and 10
(ii) the appropriate application fee fixed by 11
regulation.'. 12
Clause 10 Amendment of s 34 (Grant of licence) 13
Section 34(2)-- 14
omit, insert-- 15
`(2) A licence is to be in the form of a card and must-- 16
(a) state the licensee's name and licence number; and 17
(b) state the type of licence; and 18
(c) state the class of building work the licensee is licensed 19
to carry out; and 20
(d) if the licensee is an individual, contain a recent 21
photograph of the licensee; and 22
(e) state when the licence is due for renewal.'. 23
Clause 11 Replacement of pt 3, div 5, heading and s 37 24
Part 3, division 5, heading, and section 37-- 25
omit, insert-- 26
s 11 19 s 11
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`Division 5 Renewal of licences 1
`37 When licences to be renewed 2
`(1) A contractor's licence and a nominee supervisor's licence 3
must be renewed 1 year after their issue or their previous 4
renewal day. 5
`(2) A site supervisor's licence and a fire protection occupational 6
licence must be renewed for either of the following periods 7
after their issue or their previous renewal day-- 8
(a) 1 year; 9
(b) a longer period prescribed under a regulation. 10
`(3) For subsection (2), a licensee may choose whether to renew 11
the licensee's licence for 1 year or the longer period 12
prescribed under a regulation. 13
`37A Authority to advise licensee before licence due for 14
renewal 15
`(1) The authority must give notice in writing to a licensee at least 16
28 days before the renewal day for the licensee's licence. 17
`(2) The notice must state the following-- 18
(a) the renewal day for the licensee's licence; 19
(b) if the licensee is an individual, whether or not the 20
authority requires 2 recent passport-size photographs of 21
the licensee suitable for inclusion in a licence and 22
certified in the way prescribed by regulation; 23
(c) the renewal fee for the licence and that it must be paid 24
on or before the renewal day; 25
(d) the amount, if any, to be added to the renewal fee under 26
section 37C; 27
(e) for a contractor's licence, when the documentary 28
evidence required by the financial requirements stated in 29
the board's policies must be given to the authority. 30
s 11 20 s 11
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`37B Applications for renewal of licence 1
`(1) A licensee may apply to the authority for the renewal of the 2
licensee's licence before the renewal day for the licence. 3
`(2) The application must-- 4
(a) be made in the way prescribed under a regulation; and 5
(b) be accompanied by the appropriate fee prescribed by 6
regulation for the renewal plus any amount by which the 7
renewal fee is increased under section 37C; and 8
(c) if the authority has advised that it requires 2 recent 9
passport-size photographs of the licensee suitable for 10
inclusion in a licence and certified in the way prescribed 11
by regulation--be accompanied by the photographs. 12
`(3) If requested by the authority by written notice, the licensee 13
must, within the reasonable time stated in the notice, give the 14
authority the further information or evidence the authority 15
requires to decide whether the applicant continues to be 16
entitled to hold a licence. 17
`37C Renewal fee increased if directions given 18
`(1) This section applies if a licensee-- 19
(a) applies for renewal of the licensee's licence; and 20
(b) has been given a direction or directions under section 21
72-- 22
(i) for a licence that has been previously renewed, 23
since the previous renewal day; or 24
(ii) for a licence that has not previously been renewed, 25
since the issue of the licence. 26
`(2) The amount of the renewal fee payable by the licensee is 27
increased by an amount equivalent to the value of a penalty 28
unit for each direction given to the licensee. 29
`(3) However, the maximum amount by which the renewal fee 30
may be increased at a renewal day is an amount equivalent to 31
the value of 10 penalty units. 32
s 11 21 s 11
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`(4) Subsection (2) does not apply if the licensee has started a 1
proceeding in the tribunal for review of the authority's 2
direction under section 72(15) and either-- 3
(a) the licensee has not withdrawn the proceeding and the 4
proceeding or any appeal from the proceeding has not 5
been decided; or 6
(b) the tribunal has decided that none of the items listed in 7
the direction needed rectification. 8
`(5) Subsection (6) applies if-- 9
(a) a licensee is given a direction or directions before the 10
renewal day for the licensee's licence; and 11
(b) the licensee starts a proceeding for review of the 12
authority's direction under section 72(15); and 13
(c) either-- 14
(i) the licensee withdraws the proceeding after the 15
renewal day for the licensee's licence; or 16
(ii) the proceeding is decided after the renewal day for 17
the licensee's licence and the decision is that 1 or 18
more of the items listed on the direction needed 19
rectification. 20
`(6) The amount of the next renewal fee payable by the licensee is 21
increased by an amount equivalent to the value of a penalty 22
unit for each direction given to the licensee. 23
`(7) Subsection (8) applies if-- 24
(a) a direction to rectify building work is given to a licensee 25
before the renewal day for the licensee's licence; and 26
(b) the period for rectification stated in the direction expires 27
after the renewal day for the licensee's licence; and 28
(c) the licensee has not rectified the work before the 29
renewal day for the licensee's licence. 30
`(8) For the purposes of this section, the direction is taken to have 31
been given after the renewal day for the licensee's licence.'. 32
s 12 22 s 14
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 12 Amendment of s 38 (Suspension for non-payment of fee) 1
After section 38(3)-- 2
insert-- 3
`(4) In this section-- 4
licence fee includes any amount by which the renewal fee is 5
increased under section 37C.'. 6
Clause 13 Omission of pt 3, div 6 (The register) 7
Part 3, division 6-- 8
omit. 9
Clause 14 Amendment of s 42 (Unlawful carrying out of building 10
work) 11
(1) Section 42(2)-- 12
omit. 13
(2) After section 42(5)-- 14
insert-- 15
`Note for subsection (5)-- 16
An individual must not personally carry out fire protection work unless 17
the individual is authorised to carry out the work under this or another 18
Act--see section 42C.'. 19
(3) After section 42(5A)-- 20
insert-- 21
`Note for subsection (5A)-- 22
An individual must not personally carry out fire protection work unless 23
the individual is authorised to carry out the work under this or another 24
Act--see section 42C.'. 25
(4) After section 42(7)-- 26
insert-- 27
`Note for subsection (7)-- 28
An individual must not personally carry out fire protection work unless 29
the individual is authorised to carry out the work under this or another 30
Act--see section 42C. 31
s 14 23 s 14
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Also, section 56 states that a licensed contractor may carry on business 1
under the contractor's licence in partnership with a unlicensed person 2
subject to the conditions stated in the section.'. 3
(5) After section 42(8)-- 4
insert-- 5
`(8A) A consumer who engages 1 or more licensed contractors to 6
carry out building work for the consumer does not contravene 7
this section if the consumer does not provide building work 8
services for the work. 9
Examples of a consumer who does not provide building work services-- 10
· a consumer who engages a licensed builder to build, and carry out 11
all building work services for, a new residence 12
· a consumer who, as a principal, enters into construction 13
management trade contracts for building work and engages a 14
construction manager for building work services for the work 15
`(8B) A person who holds any of the following licences does not 16
contravene this section only by doing something permitted 17
under the licence-- 18
(a) a nominee supervisor's licence; 19
(b) a site supervisor's licence; 20
(c) a fire protection occupational licence.'. 21
(6) Section 42(9), penalty-- 22
omit, insert-- 23
`Maximum penalty--250 penalty units.'. 24
(7) Section 42(12)-- 25
omit, insert-- 26
`(12) In this section-- 27
licensed trade contractor means a licensed contractor other 28
than the following-- 29
(a) a licensed builder; 30
(b) a licensed contractor who holds a contractor's licence 31
authorising the licensee to carry out completed building 32
inspections.'. 33
s 15 24 s 15
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 15 Insertion of new ss 42B42D 1
After section 42A-- 2
insert-- 3
`42B Carrying out building work without a nominee 4
`(1) A licensee that is a company must not carry out, or undertake 5
to carry out, building work unless the licensee has a nominee 6
who holds a contractor's licence or a nominee supervisor's 7
licence for the building work carried out, or undertaken to be 8
carried out, under the company's class of licence. 9
Maximum penalty--250 penalty units. 10
`(2) However, a licensee does not commit an offence against 11
subsection (1) if the period the licensee has not had a nominee 12
is less than 28 days. 13
`42C Unlawful carrying out of fire protection work 14
`(1) An individual must not personally carry out, or personally 15
supervise, fire protection work unless the individual-- 16
(a) holds a fire protection occupational licence; or 17
(b) holds a licence, registration or authorisation under this 18
or another Act that allows the person to personally carry 19
out or personally supervise the work. 20
Maximum penalty--250 penalty units. 21
`(2) Subsection (1) does not apply to an individual who personally 22
carries out fire protection work if-- 23
(a) the fire protection work is a type prescribed under a 24
regulation; and 25
(b) the individual has the technical qualifications prescribed 26
under a regulation for the type of fire protection work; 27
and 28
(c) the individual carries out the fire protection work for a 29
licensed contractor who holds a licence of the relevant 30
class for the work. 31
s 16 25 s 16
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`(3) Also, subsection (1) does not apply to-- 1
(a) an apprentice who personally carries out fire protection 2
work in a calling that requires the apprentice to carry out 3
the work; or 4
(b) a trainee who personally carries out fire protection work 5
in a calling that requires the trainee to carry out the 6
work; or 7
(c) a student who personally carries out fire protection work 8
as part of training under the supervision of teaching staff 9
at-- 10
(i) a university; or 11
(ii) a college, school or similar institution conducted, 12
approved or accredited by the State or the 13
Commonwealth. 14
`42D Licensed contractor must not engage or direct 15
unauthorised person for fire protection work 16
`A licensed contractor must not engage or direct an employee 17
to carry out fire protection work unless the employee is 18
authorised to carry out the work under this or another Act. 19
Maximum penalty--250 penalty units.'. 20
Clause 16 Replacement of s 43 (Supervision of building work) 21
Section 43-- 22
omit, insert-- 23
`43 Licensed contractor must ensure building work is 24
personally supervised 25
`(1) For a licensed contractor that is a company, the company and 26
the company's nominee must each ensure that building work 27
carried out by the contractor is personally supervised by-- 28
(a) the company's nominee; or 29
(b) an officer or employee of the contractor who holds 1 of 30
the following licences of the relevant class authorising 31
supervision of the building work-- 32
s 16 26 s 16
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(i) a nominee supervisor's licence; 1
(ii) a site supervisor's licence; 2
(iii) a fire protection occupational licence; 3
(iv) an occupational licence; or 4
(c) an individual who holds a contractor's licence of the 5
relevant class. 6
Maximum penalty-- 7
(a) for an individual--200 penalty units; or 8
(b) for a company--1000 penalty units. 9
`(2) For a licensed contractor that is an individual, the contractor 10
must ensure that building work carried out by the contractor is 11
personally supervised by-- 12
(a) the contractor; or 13
(b) an employee of the contractor who holds 1 of the 14
following licences of the relevant class authorising 15
supervision of the building work-- 16
(i) a nominee supervisor's licence; 17
(ii) a site supervisor's licence; 18
(iii) a fire protection occupational licence; 19
(iv) an occupational licence; or 20
(c) an individual who holds a contractor's licence of the 21
relevant class. 22
Maximum penalty--200 penalty units. 23
`(3) In this section-- 24
licensed contractor does not include a licensed contractor that 25
is a construction manager. 26
`43A Licensed contractor must ensure building work is 27
adequately supervised 28
`(1) For a licensed contractor that is a company, the company and 29
the company's nominee must each ensure that building work 30
carried out by the contractor is adequately supervised. 31
s 16 27 s 16
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Maximum penalty-- 1
(a) for an individual--200 penalty units; or 2
(b) for a company--1000 penalty units. 3
`(2) For a licensed contractor that is an individual, the contractor 4
must ensure that building work carried out by the contractor is 5
adequately supervised. 6
Maximum penalty--200 penalty units. 7
`(3) In deciding whether building work is adequately supervised, 8
regard must be had to the following-- 9
(a) whether the licensed contractor has a system for the 10
supervision of the work and, if so, how the system has 11
been implemented; 12
(b) whether the building work is in accordance with the 13
plans and specifications set out in the contract for the 14
work; 15
(c) whether the work is of a standard expected of a 16
competent holder of a contractor's licence of the 17
relevant class; 18
(d) whether, having regard to the size and complexity of the 19
building work, the following are sufficient-- 20
(i) the level of control, oversight and direction 21
exercised by a person authorised to supervise the 22
work; 23
(ii) the number, timing and quality of inspections 24
carried out by a person authorised to supervise the 25
work; 26
(e) whether the building work is checked on its completion 27
and before final payment by a person authorised to 28
supervise the work. 29
`(4) In this section-- 30
licensed contractor does not include a licensed contractor that 31
is a construction manager. 32
s 16 28 s 16
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`43B Construction manager must ensure building work is 1
personally supervised 2
`(1) This section applies if a construction manager provides 3
building work services for a principal under a construction 4
management contract for the carrying out of building work. 5
`(2) For a construction manager that is a company, the company 6
and the company's nominee must each ensure that building 7
work carried out by licensed contractors under construction 8
management trade contracts for the principal is personally 9
supervised by-- 10
(a) the company's nominee; or 11
(b) an officer or employee of the company who holds 1 of 12
the following licences of the relevant class authorising 13
supervision of the building work-- 14
(i) a nominee supervisor's licence; 15
(ii) a site supervisor's licence; 16
(iii) a fire protection occupational licence; 17
(iv) an occupational licence; or 18
(c) an individual who holds a contractor's licence of the 19
relevant class. 20
Maximum penalty-- 21
(a) for an individual--200 penalty units; or 22
(b) for a company--1000 penalty units. 23
`(3) For a construction manager that is an individual, the 24
construction manager must ensure that building work carried 25
out by licensed contractors under construction management 26
trade contracts for the principal is personally supervised by-- 27
(a) the construction manager; or 28
(b) an employee of the construction manager who holds 1 of 29
the following licences of the relevant class authorising 30
supervision of the building work-- 31
(i) a nominee supervisor's licence; 32
(ii) a site supervisor's licence; 33
s 16 29 s 16
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(iii) a fire protection occupational licence; 1
(iv) an occupational licence; or 2
(c) an individual who holds a contractor's licence of the 3
relevant class. 4
Maximum penalty--200 penalty units. 5
`43C Construction manager must ensure building work is 6
adequately supervised 7
`(1) This section applies if a construction manager provides 8
building work services for a principal under a construction 9
management contract for the carrying out of building work. 10
`(2) For a construction manager that is a company, the company 11
and the company's nominee must each ensure that the 12
building work carried out by licensed contractors under 13
construction management trade contracts for the principal is 14
adequately supervised. 15
Maximum penalty-- 16
(a) for an individual--200 penalty units; or 17
(b) for a company--1000 penalty units. 18
`(3) For a construction manager that is an individual, the 19
construction manager must ensure that the building work 20
carried out by licensed contractors under construction 21
management trade contracts for the principal is adequately 22
supervised. 23
Maximum penalty--200 penalty units. 24
`(4) In deciding whether building work is adequately supervised, 25
regard must be had to the following-- 26
(a) whether the construction manager has a system for the 27
supervision of the work and, if so, how the system has 28
been implemented; 29
(b) whether the building work is in accordance with the 30
plans and specifications set out in the contract for the 31
work; 32
s 17 30 s 17
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(c) whether the work is of a standard expected of a 1
competent holder of a contractor's licence of the 2
relevant class; 3
(d) whether, having regard to the size and complexity of the 4
building work, the following are sufficient-- 5
(i) the level of control, oversight and direction 6
exercised by a person authorised to supervise the 7
work; 8
(ii) the number, timing and quality of inspections 9
carried out by a person authorised to supervise the 10
work; 11
(e) whether the building work is checked on its completion 12
and before final payment by a person authorised to 13
supervise the work.'. 14
Clause 17 Insertion of new ss 43D and 43E 15
In part 3, division 8, before section 44-- 16
insert-- 17
`43D Definitions for div 8 18
`In this division-- 19
carry out, in relation to owner-builder work, means-- 20
(a) carry out the work personally; or 21
(b) do both of the following-- 22
(i) engage 1 or more licensed contractors to carry out 23
building work; 24
(ii) provide building work services that would usually 25
be carried out by a licensed contractor in the course 26
of the contractor's business; or 27
(c) do a combination of (a) and (b). 28
Examples of an owner providing building work services-- 29
· directing licensed contractors how to perform building work 30
· coordinating the scheduling of building work by licensed 31
contractors 32
s 17 31 s 17
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
· arranging for payment of subcontractors 1
multiple dwelling means a building comprising 2 or more 2
residential units. 3
owner includes a person-- 4
(a) who-- 5
(i) holds an estate or interest in land that entitles the 6
person to become an owner (as defined in schedule 7
2) of the land; or 8
(ii) is the occupier of land under a lease, licence or 9
other authority from the owner (as defined in 10
schedule 2) of the land; and 11
(b) who produces, with an application for an owner-builder 12
permit, the written agreement of the owner (as defined 13
in schedule 2) of the land for an owner-builder permit to 14
be issued to the person. 15
owner-builder course means a course prescribed by 16
regulation. 17
owner-builder work means building work for a building that 18
is to be used for residential purposes carried out on the 19
owner's land other than the following-- 20
(a) building work for a multiple dwelling; 21
(b) fire protection work, unless the work is carried out by a 22
person who holds a licence to carry out the work; 23
(c) building work for which an occupational licence is 24
required (the occupational work), unless the work is 25
carried out by a person who holds a licence to carry out 26
the work. 27
`43E When owner-builder permit is required 28
`An owner requires a permit (an owner-builder permit) to 29
carry out owner-builder work on the owner's land.'. 30
s 18 32 s 18
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 18 Replacement of s 44 (Permits for owner-builders) 1
Section 44-- 2
omit, insert-- 3
`44 Application for owner-builder permit 4
`(1) The owner of land may apply to the authority for an 5
owner-builder permit. 6
`(2) The application must be-- 7
(a) in writing; and 8
(b) in the form decided by the authority; and 9
(c) signed by-- 10
(i) for an owner that is not a company, the owner, or if 11
there is more than 1 owner, by all the owners; or 12
(ii) for a company, by all the directors of the company; 13
and 14
(d) be accompanied by the fee prescribed by regulation. 15
`(3) The application must-- 16
(a) state the name of the owner; and 17
(b) if the owner is a company, state the names of the 18
directors and the company's ACN number; and 19
(c) state the location of the land; and 20
(d) include a description of the work to be carried out; and 21
(e) include other information the authority reasonably 22
requires to decide an application. 23
`(4) The application must be accompanied by-- 24
(a) proof of the applicant's identity; and 25
(b) if the applicant is a company, a copy of the company's 26
current or historical extract; and 27
(c) proof that the applicant is the owner of the land; and 28
(d) proof that an owner-builder course has been successfully 29
completed by an individual who is-- 30
s 18 33 s 18
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(i) an applicant; or 1
(ii) a director of a company that is an applicant. 2
`44A Consideration of application for permit 3
`(1) The authority must consider the application and either grant, 4
or refuse to grant, the application. 5
`(2) However, before deciding the application, the authority may, 6
by written notice given to the applicant, require the applicant 7
to give the authority, within a reasonable period of at least 14 8
days stated in the notice, further information or a document 9
the authority reasonably considers is needed to decide the 10
application. 11
`(3) The applicant is taken to have withdrawn the application if, 12
within the stated period, the applicant does not comply with 13
the requirement. 14
`(4) The authority may extend the stated period at the request of 15
the applicant. 16
`44B Criteria for granting application for permit 17
`(1) The authority may grant the application only if the authority is 18
satisfied-- 19
(a) that the applicant, or each applicant, is the owner of the 20
land; and 21
(b) that an applicant, or a director of a company that is an 22
applicant, has successfully completed an owner-builder 23
course; and 24
(c) if the applicant, or any of the applicants, is an 25
individual, that none of the following has been issued 26
with a permit in the 6 years preceding the application-- 27
(i) the applicant, or any of the applicants; 28
(ii) a company for which an applicant who is an 29
individual is or was a director; and 30
s 18 34 s 18
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(d) if the applicant, or any of the applicants, is a company, 1
that none of the following has been issued with a permit 2
in the 6 years preceding the application-- 3
(i) the applicant, or any of the applicants; 4
(ii) an individual who is or was a director of the 5
company; and 6
(e) if the applicant, or any of the applicants, is an 7
individual, that none of the following has had an 8
owner-builder permit cancelled in the 3 years preceding 9
the application-- 10
(i) the applicant, or any of the applicants; 11
(ii) a company for which an applicant who is an 12
individual is or was a director; and 13
(f) if the applicant, or any of the applicants, is a company, 14
that none of the following has had an owner-builder 15
permit cancelled in the 3 years preceding the 16
application-- 17
(i) the applicant, or any of the applicants; 18
(ii) an individual who is or was a director of the 19
company; and 20
(g) none of the applicants is a banned individual; and 21
(h) if an applicant is a company, that none of the directors of 22
the company is a banned individual; and 23
(i) each applicant is a fit and proper person to hold a 24
permit. 25
`(2) In deciding whether an applicant is a fit and proper person, the 26
authority may have regard only to-- 27
(a) tier 1 defective work carried out by the following 28
persons, whether or not the person received a notice 29
under section 67AH, 67AI, 67AL or 67AM stating a 30
term of ban for the work-- 31
(i) the applicant; 32
(ii) if the applicant is a company, a director of the 33
applicant; and 34
s 18 35 s 18
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(b) if the applicant, or a director of the applicant, is an 1
enforcement debtor under an enforcement order for an 2
infringement notice offence for this Act or the Domestic 3
Building Contracts Act 2000--whether the applicant or 4
director has taken steps under the State Penalties 5
Enforcement Act 1999 to discharge the amount stated in 6
the enforcement order. 7
`(3) However, the authority may not have regard to the matter 8
mentioned in subsection (2)(b) if-- 9
(a) the applicant or director has applied for cancellation of 10
the relevant enforcement order and the application for 11
cancellation has not been finally decided; or 12
(b) 28 days have not elapsed since the date of the 13
enforcement order. 14
`(4) Despite subsection (1)(c) and (d), the authority may grant an 15
application if-- 16
(a) a regulation prescribes exceptional circumstances in 17
which the authority may grant an application even 18
though a previous permit has been issued in the 6 years 19
preceding the application; and 20
(b) the authority considers the applicant is able to show the 21
exceptional circumstances. 22
`44C When permit becomes effective 23
`A permit has effect on the day stated in the permit. 24
`44D Term of permit 25
`A permit ends 6 years after its issue or on the earlier date 26
stated in the permit. 27
`44E Conditions of permit 28
`A permit is subject to the following conditions-- 29
(a) the permittee must comply with this Act; 30
s 18 36 s 18
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(b) the permittee may only carry out the building work as 1
stated in the permit; 2
(c) if the permittee engages persons to carry out building 3
work, the persons must be licensed contractors for the 4
work; 5
(d) the permittee must not personally carry out building 6
work for which an occupational licence is required; 7
(e) the permittee must not personally carry out fire 8
protection work if the value of the work is more than the 9
amount prescribed by regulation, or if no amount is 10
prescribed, more than $1100; 11
(f) other reasonable conditions-- 12
(i) the authority considers appropriate to give effect to 13
this Act; and 14
(ii) stated in the permit. 15
`44F Form of permit 16
`A permit is to be in the form decided by the authority and 17
must state the following particulars-- 18
(a) the permittee's name; 19
(b) the location of the land on which the owner-builder 20
work is to be carried out; 21
(c) the real property description of the land; 22
(d) a description of the owner-builder work to be carried out 23
on the land; 24
(e) the date of issue of the permit; 25
(f) the term of the permit; 26
(g) the permit number; 27
(h) the conditions of the permit. 28
`44G Cancellation or suspension of permit 29
`The authority may suspend or cancel a permit if-- 30
s 18 37 s 18
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(a) the permit was obtained on the basis of incorrect 1
information supplied to the authority, whether or not 2
fraud was intended; or 3
(b) the permit was obtained by fraud or other improper 4
means; or 5
(c) the permittee carries out tier 1 defective work on the 6
land the subject of the permit; or 7
(d) the permittee contravenes a condition to which the 8
permit is subject; or 9
(e) the authority becomes aware of the existence of facts 10
that would have allowed the authority to refuse to issue 11
the permit originally. 12
`44H Procedure for cancellation or suspension 13
`(1) The authority must, before cancelling or suspending a permit, 14
give the permittee notice of its reasons for the proposed 15
cancellation or suspension and allow the permittee 21 days 16
from service of the notice to make written representations on 17
the matter. 18
`(2) The authority must consider any written representations made 19
within the time allowed under subsection (1) before imposing 20
the cancellation or suspension. 21
`(3) A cancellation or suspension is imposed by written notice to 22
the permittee. 23
`(4) The notice of cancellation or suspension must inform the 24
permittee or former permittee of the right to apply to the 25
tribunal for a review of the authority's decision. 26
`44I Permit issued to more than 1 person 27
`If a permit is issued jointly to more than 1 person, a reference 28
in this part to the permittee is a reference to each of the 29
persons. 30
s 19 38 s 19
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`44J Surrender of permit 1
`(1) A permittee may surrender the permit by written notice given 2
to the authority. 3
`(2) The permit must accompany the notice. 4
`(3) The surrender takes effect on the later of the following-- 5
(a) the day the notice is given; 6
(b) the day specified in the notice. 7
`45 Replacement of permits 8
`(1) A permittee may apply to the authority for the replacement of 9
a permit if it has been lost, stolen, destroyed or damaged. 10
`(2) The authority must consider the application and either grant, 11
or refuse to grant, the application. 12
`(3) The authority must grant the application if the authority is 13
satisfied the permit has been lost, stolen or destroyed, or 14
damaged in a way to require its replacement. 15
`(4) If the authority grants the application, the authority must, on 16
payment of the reasonable cost of replacing the permit, issue 17
another permit to the applicant to replace the lost, stolen, 18
destroyed or damaged permit.'. 19
Clause 19 Amendment of s 46 (Notification on certificate of title) 20
(1) Section 46(2), `section 44'-- 21
omit, insert-- 22
`this division'. 23
(2) Section 46(5)-- 24
omit. 25
(3) Section 46(6)-- 26
renumber as subsection (5). 27
s 20 39 s 23
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 20 Amendment of s 48 (Cancellation or suspension of 1
licence) 2
(1) Section 48, after paragraph (i)-- 3
insert-- 4
`(ia) the licensee fails to comply with a written request by the 5
authority under this Act; or'. 6
(2) Section 48(j), after `or (2)(a)'-- 7
insert-- 8
`, or 32(1)(g), or 32AA(1)(d), or 32AB(1)(d)'. 9
Clause 21 Amendment of s 49B (Suspension or cancellation for 10
failure to comply with tribunal's orders and directions (s 11
86 QBTA)) 12
Section 49B, heading, `(s 86 QBTA)'-- 13
omit. 14
Clause 22 Amendment of s 50A (Approved audit program) 15
Section 50A(1)(b), after `part 4A'-- 16
insert-- 17
`or part 5'. 18
Clause 23 Amendment of s 50C (Supply of financial records and 19
other documents under approved audit program or for 20
other reason) 21
(1) Section 50C(1)(b)(ii)(A), after `part 4A'-- 22
insert-- 23
`or part 5'. 24
(2) Section 50C(2)(b)(i), after `part 4A'-- 25
insert-- 26
`or part 5'. 27
s 24 40 s 24
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(3) Section 50C(3)(b)(i), after `part 4A'-- 1
insert-- 2
`or part 5'. 3
Clause 24 Replacement of s 51 (Improper use of licence card, 4
certificate, number or PIN) 5
Section 51-- 6
omit, insert-- 7
`50D Person must not pretend to be a licensee 8
`(1) A person must not pretend to be a licensee. 9
Maximum penalty--250 penalty units. 10
`(2) Subsection (1) does not apply if the person makes use of 11
another licensee's licence to pretend to be a licensee. 12
`51 Improper use of licence card, certificate, number or 13
PIN 14
`(1) A licensee must not allow another person to make use of the 15
licensee's licence if the licensee knows, or ought reasonably 16
to know, that the other person intends to make use of the 17
licence-- 18
(a) if the other person is not also a licensee--to pretend to 19
be a licensee; or 20
(b) if the other person is also a licensee--to pretend to be 21
the holder of a licence authorising the doing of 22
something the other person is not authorised to do. 23
Maximum penalty--250 penalty units. 24
`(2) A person who is not a licensee must not make use of a 25
licensee's licence to pretend to be a licensee. 26
Maximum penalty--250 penalty units. 27
`(3) A licensee (the first licensee) must not make use of another 28
licensee's licence to pretend to be the holder of a licence 29
authorising the doing of something the first licensee is not 30
authorised to do. 31
s 25 41 s 27
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Maximum penalty--250 penalty units. 1
`(4) In this section-- 2
make use of, a licensee's licence, means make use of the 3
number of the licensee's licence or the licensee's licence card, 4
licence certificate or PIN.'. 5
Clause 25 Amendment of s 51A (Other offences relating to unlawful 6
carrying out of building work) 7
(1) Section 51A(1), penalty-- 8
omit, insert-- 9
`Maximum penalty--250 penalty units.'. 10
(2) Section 51A(2), penalty-- 11
omit, insert-- 12
`Maximum penalty--250 penalty units.'. 13
(3) Section 51A(3)-- 14
omit. 15
Clause 26 Amendment of s 51B (Licensed contractor must not 16
contract with unlicensed person) 17
Section 51B(5)-- 18
omit. 19
Clause 27 Amendment of s 53B (False or misleading documents 20
about financial requirements) 21
(1) Section 53B(1), after `document' where first appearing-- 22
insert-- 23
`or information'. 24
(2) Section 53B(1)(a)-- 25
omit, insert-- 26
`(a) the person knows-- 27
s 28 42 s 28
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(i) the document contains information that is false or 1
misleading; or 2
(ii) the information is false or misleading; or'. 3
(3) Section 53B(1)(b), after `is false or misleading'-- 4
insert-- 5
`or the information is false or misleading'. 6
(4) Section 53B(3), after `document'-- 7
insert-- 8
`or information'. 9
Clause 28 Insertion of new s 53C 10
After section 53B-- 11
insert-- 12
`53C Advertising by unlicensed person 13
`(1) A person who does not hold a contractor's licence must not 14
publish an advertisement that the person is available to carry 15
out building work unless the advertisement complies with this 16
section. 17
`(2) The advertisement must state the value of the work the person 18
is entitled to carry out without a licence. 19
Maximum penalty--100 penalty units. 20
`(3) A regulation may prescribe the following for an advertisement 21
under this section-- 22
(a) the way the advertisement is to be presented; 23
(b) the words to included in the advertisement. 24
`(4) In this section-- 25
building work includes building work of any value, despite 26
any regulation excluding building work of a stated value from 27
the definition building work for this Act.'. 28
s 29 43 s 32
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 29 Amendment of s 56 (Partnerships) 1
Section 56(2), penalty-- 2
omit, insert-- 3
`Maximum penalty-- 4
(a) for subsection (1)(a) to (c)--80 penalty units; or 5
(b) for subsection (1)(d)--200 penalty units.'. 6
Clause 30 Insertion of new s 56A 7
In part 3, division 10, after section 56-- 8
insert-- 9
`56A Authority may request photographs for licence 10
`(1) Subsection (2) applies to a licensee who is an individual. 11
`(2) The authority may, at any time by written notice, request the 12
licensee to give the authority 2 passport-size photographs of 13
the applicant that are-- 14
(a) recent photographs of the licensee; and 15
(b) certified in the way prescribed by regulation; and 16
(c) suitable for inclusion in the licensee's licence. 17
`(3) The licensee must provide the photographs within 28 days of 18
receiving the request.'. 19
Clause 31 Amendment of s 56AB (Operation of pt 3A) 20
Section 56AB, `part 3.'-- 21
omit, insert-- 22
`part 3, but does not apply to-- 23
(a) a site supervisor's licence; or 24
(b) a fire protection occupational licence.'. 25
Clause 32 Amendment of s 56AD (Becoming a permitted individual) 26
(1) Section 56AD(1), after `apply to the authority'-- 27
s 33 44 s 33
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
insert-- 1
`, in the form approved by the Board,'. 2
(2) After section 56AD(8)-- 3
insert-- 4
`(8A) In deciding whether an individual took all reasonable steps to 5
avoid the coming into existence of the circumstances that 6
resulted in the happening of a relevant event, the authority 7
must have regard to action taken by the individual in relation 8
to the following-- 9
(a) keeping proper books of account and financial records; 10
(b) seeking appropriate financial or legal advice before 11
entering into financial or business arrangements or 12
conducting business; 13
(c) reporting fraud or theft to the police; 14
(d) ensuring guarantees provided were covered by sufficient 15
assets to cover the liability under the guarantees; 16
(e) putting in place appropriate credit management for 17
amounts owing and taking reasonable steps for recovery 18
of the amounts; 19
(f) making appropriate provision for Commonwealth and 20
State taxation debts. 21
`(8B) Nothing in subsection (8A) prevents the authority from having 22
regard to other matters for deciding whether an individual 23
took all reasonable steps to avoid the coming into existence of 24
the circumstances that resulted in the happening of a relevant 25
event.'. 26
Clause 33 Amendment of s 57 (Operation of pt 3B) 27
Section 57, `part 3.'-- 28
omit, insert-- 29
`part 3, but does not apply to-- 30
(a) a site supervisor's licence; or 31
(b) a fire protection occupational licence.'. 32
s 34 45 s 36
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 34 Amendment of s 62 (Operation of pt 3C) 1
Section 62, `part 3.'-- 2
omit, insert-- 3
`part 3, but does not apply to-- 4
(a) a site supervisor's licence; or 5
(b) a fire protection occupational licence.'. 6
Clause 35 Amendment of s 67AQ (Definitions for pt 3E) 7
Section 67AQ, definition conviction, `section 67AR(b)'-- 8
omit, insert-- 9
`section 67AR(1)(b) or (2)(b)'. 10
Clause 36 Amendment of s 67AR (Meaning of demerit offence) 11
(1) Section 67AR, paragraphs (a) and (b), `of this section'-- 12
omit, insert-- 13
`of this subsection'. 14
(2) Section 67AR-- 15
insert-- 16
`(2) Also, a demerit offence is-- 17
(a) an offence, committed after the commencement of this 18
subsection, against-- 19
(i) section 42B, 68(1) or 72(10); or 20
(ii) the Domestic Building Contracts Act 2000, section 21
26; or 22
(iii) the Domestic Building Contracts Act 2000, section 23
27 to the extent it relates to noncompliance with 24
the formal requirement mentioned in section 25
27(2)(f); or 26
(b) a contravention, after the commencement of this 27
subsection, by a licensee, of a requirement imposed 28
under a provision mentioned in paragraph (a).'. 29
s 37 46 s 39
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 37 Amendment of s 67AV (Operation of pt 3E) 1
Section 67AV, `part 3.'-- 2
omit, insert-- 3
`part 3, but does not apply to-- 4
(a) a site supervisor's licence; or 5
(b) a fire protection occupational licence.'. 6
Clause 38 Amendment of s 67AX (When demerit points allocated for 7
demerit offences) 8
Section 67AX(2)(f), `section 67AR(b)'-- 9
omit, insert-- 10
`section 67AR(1)(b) or (2)(b)'. 11
Clause 39 Replacement of s 67B (Meaning of construction 12
management trade contract in pt 4A) 13
Section 67B-- 14
omit, insert-- 15
`67B Meaning of construction management trade contract 16
`(1) A building contract is a construction management trade 17
contract if-- 18
(a) the contracting party for the building contract is a 19
principal; and 20
(b) the contracted party for the building contract is the 21
holder of a contractor's licence; and 22
(c) the building work the subject of the building contract is 23
part of a wider project of building work (the project) 24
involving the principal in entering into 1 or more other 25
building contracts, also as a principal, for the carrying 26
out of other building work that is also part of the project; 27
and 28
(d) the contracted party is not the construction manager for 29
the project. 30
s 40 47 s 43
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`(2) For deciding whether a principal has entered into a building 1
contract, it does not matter if the building contract was 2
entered into on behalf of the principal, including by a 3
construction manager.'. 4
Clause 40 Amendment of s 67G (Building contracts to be in writing) 5
(1) Section 67G(1), penalty-- 6
omit, insert-- 7
`Maximum penalty--80 penalty units.'. 8
(2) Section 67G(2), penalty-- 9
omit, insert-- 10
`Maximum penalty--80 penalty units.'. 11
(3) Section 67G(3), penalty-- 12
omit, insert-- 13
`Maximum penalty--80 penalty units.'. 14
Clause 41 Amendment of s 67I (Directions given under building 15
contracts) 16
Section 67I(4), penalty-- 17
omit, insert-- 18
`Maximum penalty--80 penalty units.'. 19
Clause 42 Amendment of s 67V (Offence of not warning that 20
contract is construction management trade contract) 21
Section 67V(1), penalty-- 22
omit, insert-- 23
`Maximum penalty--80 penalty units.'. 24
Clause 43 Insertion of new ss 67X and 67Y 25
In part 5, before section 68-- 26
insert-- 27
s 43 48 s 43
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`67X Statutory insurance scheme may be called 1
Queensland Home Warranty Scheme 2
`The statutory insurance scheme may operate under the name, 3
and be referred to as-- 4
(a) the Queensland Home Warranty Scheme; or 5
(b) if another name is prescribed by regulation, that other 6
name. 7
`67Y Protection of expressions associated with statutory 8
insurance scheme 9
`(1) A person must not use a declared expression in connection 10
with selling the right to participate in any warranty or 11
insurance scheme unless-- 12
(a) the scheme is that to which this Act relates; and 13
(b) that person does so on behalf of the authority. 14
`(2) A person must not-- 15
(a) use any variation of a declared expression; or 16
(b) use any word (either alone or in conjunction with any 17
other word) similar in sight or sound to a declared 18
expression; 19
in connection with selling the right to participate in any 20
insurance or warranty scheme, being, in either case, a use 21
likely to afford reasonable grounds for believing the scheme is 22
or is associated with the scheme to which this Act relates, 23
unless-- 24
(c) the scheme in question is one to which this Act relates; 25
and 26
(d) that person does so on behalf of the authority. 27
`(3) A person who contravenes subsection (1) or (2) commits an 28
offence against this Act. 29
Maximum penalty--100 penalty units. 30
`(4) In this section-- 31
declared expression means-- 32
s 44 49 s 45
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(a) the Queensland Home Warranty Scheme; or 1
(b) if another name is prescribed by regulation under 2
section 67X, that other name.'. 3
Clause 44 Amendment of s 68 (Payment of insurance premium) 4
(1) Section 68, heading-- 5
omit, insert-- 6
`68 Payment of insurance premium for residential 7
construction work' 8
(2) Section 68(1)-- 9
omit, insert-- 10
`(1) The appropriate insurance premium payable under section 11
68D for residential construction work must be paid to the 12
authority by the following-- 13
(a) if section 68B applies, the licensed contractor; 14
(b) if section 68C applies, the construction manager who 15
holds a contractor's licence of the relevant class. 16
Maximum penalty--100 penalty units. 17
`(1A) The premium must be paid-- 18
(a) if section 68B(a) applies, as soon as practicable after the 19
contract is entered into with the consumer; or 20
(b) if section 68C applies, as soon as practicable after the 21
construction management contract is entered into with 22
the principal; or 23
(c) if section 68B(b) applies, before residential construction 24
work is started.'. 25
Clause 45 Insertion of new ss 68A68D 26
After section 68-- 27
insert-- 28
s 45 50 s 45
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`68A Multiple contracts for the same residential 1
construction work 2
`(1) This section applies if a licensed contractor and a consumer 3
enter into 2 or more separate contracts that-- 4
(a) could be the subject of a single contract to carry out 5
residential construction work; and 6
(b) if they were the subject of a single contract, would be a 7
contract to carry out residential construction work. 8
`(2) For this part, the separate contracts are taken to be a single 9
contract for which the contract price is the sum of the contract 10
prices for the separate contracts. 11
Example of separate contracts-- 12
A licensed contractor that manufactures and installs kitchens enters into 13
one contract with a building owner for the manufacture of a kitchen and 14
a second contract for its installation. 15
`68B When insurance premium is payable by licensed 16
contractor 17
`A licensed contractor who is to carry out residential 18
construction work must pay the insurance premium for the 19
work if-- 20
(a) the work is carried out under a contract with a consumer 21
and the work is not the subject of a construction 22
management contract; or 23
(b) the work is speculative residential construction work. 24
`68C When insurance premium is payable by construction 25
manager 26
`A construction manager who holds a contractor's licence of 27
the relevant class must pay the insurance premium for 28
residential construction work if a principal engages a 29
construction manager under a construction management 30
contract for the carrying out of the work. 31
s 46 51 s 46
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`68D Setting of insurance premiums for residential 1
construction work 2
`(1) For residential construction work, the authority must state the 3
insurance premium payable, or the way it is calculated, in the 4
gazette. 5
`(2) Before stating the premium, or the way it is calculated, the 6
authority must-- 7
(a) have regard to the authority's obligation under section 8
26A; and 9
(b) ensure insurance premiums are sufficient to meet the 10
costs mentioned in section 26(3); and 11
(c) have regard to any regulation made under section 26(4); 12
and 13
(d) obtain the Minister's approval. 14
`(3) The authority must review premiums payable at least once 15
every 12 months. 16
`(4) A regulation may prescribe the way the value of residential 17
construction work is calculated for stating the insurance 18
premium payable. 19
`(5) Subsection (6) applies if a principal engages a construction 20
manager under a construction management contract for the 21
carrying out of residential construction work. 22
`(6) For calculating the insurance premium payable by the 23
construction manager, the amount paid by the principal to the 24
construction manager under the contract must be added to the 25
value of the residential construction work.'. 26
Clause 46 Amendment of s 69 (Insurance of building work) 27
(1) Section 69, heading, `building'-- 28
omit, insert-- 29
`residential construction'. 30
(2) Section 69(2)-- 31
omit, insert-- 32
s 47 52 s 47
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`(2) A policy of insurance comes into force in the terms stated in 1
the board's policies for the purpose-- 2
(a) if a consumer enters into a contract for the performance 3
of residential construction work, and-- 4
(i) the contract bears the licence number of a licensed 5
contractor and, under the licensed contractor's 6
licence, the licensed contractor may enter into 7
contracts with consumers to carry out residential 8
construction work covered by the statutory 9
insurance scheme; or 10
(ii) the contract is with a licensed contractor and, 11
under the licensed contractor's licence, the 12
licensed contractor may enter into contracts with 13
consumers to carry out residential construction 14
work covered by the statutory insurance scheme; or 15
(iii) the contract is with a person fraudulently claiming 16
to hold a licence under which the person may enter 17
into contracts with consumers to carry out 18
residential construction work covered by the 19
statutory insurance scheme; or 20
(b) if the work is speculative residential construction work 21
carried out by a licensed contractor and, under the 22
contractor's licence the contractor may carry out 23
residential construction work covered by the statutory 24
insurance scheme.'. 25
Clause 47 Insertion of new s 69A 26
After section 69-- 27
insert-- 28
`69A Commencement of insurance cover 29
`(1) Subsection (2) applies to residential construction work carried 30
out under a contract with a consumer where the work is not 31
managed under a construction management contract. 32
`(2) A policy of insurance for the work, in the terms stated in the 33
board's policies, comes into force on the earliest of the 34
following to happen-- 35
s 48 53 s 48
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(a) when a licensed contractor pays the appropriate 1
insurance premium for the work under section 68; 2
(b) on the date a contract between a building contractor and 3
a consumer is entered into for the work; 4
(c) when a building contractor commences the work. 5
`(3) Subsection (4) applies to speculative residential construction 6
work. 7
`(4) A policy of insurance for the work, in the terms stated in the 8
board's policies, comes into force on the earlier of the 9
following to happen-- 10
(a) when the licensed contractor who is to carry out the 11
work pays the appropriate insurance premium for the 12
work under section 68; 13
(b) when the contractor commences the work. 14
`(5) Subsection (6) applies to residential construction work if the 15
work is managed by a construction manager under a 16
construction management contract. 17
`(6) A policy of insurance for the work, in the terms stated in the 18
board's policies, comes into force on the earlier of the 19
following to happen-- 20
(a) when the construction manager pays the appropriate 21
insurance premium for the work under section 68; 22
(b) when a building contractor commences the work.'. 23
Clause 48 Amendment of s 70 (Insurance claims) 24
Section 70(2) and (3)-- 25
omit, insert-- 26
`(2) If the regulations do not state the way the notice of claim is to 27
be given, a person who has applied to the authority under 28
section 71A is taken to have given notice under this section.'. 29
s 49 54 s 50
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 49 Insertion of new s 70A 1
After section 70-- 2
insert-- 3
`70A Persons not entitled to indemnity under insurance 4
scheme 5
`(1) A building contractor who carries out speculative residential 6
construction work is not entitled to indemnity under the 7
statutory insurance scheme for the work. 8
`(2) Where a person has entered into 1 or more building contracts, 9
in force at the same time, to construct 3 or more living units, 10
the person is not entitled to indemnity under the statutory 11
insurance scheme for the work. 12
`(3) For subsection (2)-- 13
(a) a single detached dwelling is taken to be 1 living unit; 14
and 15
(b) a residential unit is taken to be 1 living unit; and 16
(c) a duplex is taken to be 2 living units. 17
`(4) A policy of insurance for residential construction work, in the 18
terms stated in the board's policies, may include other 19
circumstances in which a person is not entitled to indemnity 20
under the statutory insurance scheme. 21
`(5) Nothing in this section affects the right of a subsequent owner 22
of residential construction work mentioned in this section to 23
claim indemnity under the statutory insurance scheme.'. 24
Clause 50 Insertion of new s 71AA 25
In part 5, after section 71-- 26
insert-- 27
`71AA Cancellation of policy of insurance 28
`(1) A policy of insurance for residential construction work taken 29
out by a licensed contractor may be cancelled by the 30
contractor if-- 31
(a) the contractor asks the authority in writing to cancel the 32
policy; and 33
s 50 55 s 50
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(b) the contract between the contractor and the consumer 1
has ended; and 2
(c) the deposit under the contract has been refunded, less 3
any amounts that may be lawfully deducted from the 4
deposit; and 5
(d) the work insured under the policy has not started; and 6
(e) not more than 1 year has elapsed from the day the 7
contract was entered into. 8
`(2) A policy of insurance for residential construction work taken 9
out by a construction manager may be cancelled by the 10
construction manager if-- 11
(a) the construction manager asks the authority in writing to 12
cancel to policy; and 13
(b) the relevant construction management contract and all 14
the construction management trade contracts for the 15
work have ended; and 16
(c) deposits paid under the relevant construction 17
management contract and all the construction 18
management trade contracts have been refunded, less 19
any amounts that may be lawfully deducted from the 20
deposits; and 21
(d) the work insured under the policy has not started; and 22
(e) not more than 1 year has elapsed from the day the first 23
construction management trade contract for the work 24
was entered into. 25
`(3) On cancellation of the policy, the authority must refund the 26
insurance premium paid for the work to the licensed 27
contractor or construction manager or to a person nominated 28
in writing by the contractor or manager. 29
`(4) To remove doubt it is declared that, despite section 68(3), a 30
person may not claim to be entitled to indemnity under a 31
policy of insurance cancelled under this section.'. 32
s 51 56 s 51
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 51 Amendment of s 72 (Power to require rectification of 1
building work) 2
(1) Section 72(5)-- 3
insert-- 4
`(f) a construction manager engaged under a construction 5
management contract to provide building work services 6
for the building work; and 7
(g) a principal who was the contracting party for a building 8
contract for building work for a building, or part of a 9
building, intended for sale if-- 10
(i) the building, or part of a building, is not, and has 11
never been, the principal place of residence of the 12
principal; and 13
(ii) the principal engages a building contractor or a 14
construction manager to carry out the building 15
work in a way, or using materials, likely to result in 16
the work being defective or incomplete; and 17
(iii) the principal knew, or ought to have known, that 18
the way the work was to be carried out, or the 19
materials to be used, was likely to result in the 20
work being defective or incomplete; and 21
Example where principal knew that work or materials were 22
likely to result in defective or incomplete building work-- 23
A principal may know materials are likely to result in 24
work being defective because of advice received from a 25
building contractor or construction manager. 26
(h) a person who was the nominee for a licensed contractor 27
that is a company, for work carried out by the company 28
while the person was the company's nominee.'. 29
(2) After section 72(5)-- 30
insert-- 31
`(5AA) A direction to rectify may be given to more than 1 person for 32
the same building work.'. 33
s 52 57 s 56
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(3) Section 72(10), penalty-- 1
omit, insert-- 2
`Maximum penalty--250 penalty units.'. 3
Clause 52 Amendment of s 75 (Tribunal work defined (ss 7 & 8 4
QBTA)) 5
(1) Section 75, heading, `(ss 7 & 8 QBTA)'-- 6
omit. 7
(2) Section 75(1), after paragraph (f)-- 8
insert-- 9
`(fa) fire protection work;'. 10
Clause 53 Amendment of s 76 (What is not tribunal work (s 7 QBTA)) 11
Section 76, heading, `(s 7 QBTA)'-- 12
omit. 13
Clause 54 Amendment of s 77 (Tribunal may decide building dispute 14
(s 93 QBTA)) 15
Section 77, heading, `(s 93 QBTA)'-- 16
omit. 17
Clause 55 Amendment of s 78 (When major commercial building 18
dispute may be heard by tribunal (s 94 QBTA)) 19
Section 78, heading, `(s 94 QBTA)'-- 20
omit. 21
Clause 56 Amendment of s 79 (Procedure to decide whether all 22
parties consent (s 95 QBTA)) 23
Section 79, heading, `(s 95 QBTA)'-- 24
omit. 25
s 57 58 s 62
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 57 Amendment of s 80 (Procedure if another party 1
discovered (s 96 QBTA)) 2
Section 80, heading, `(s 96 QBTA)'-- 3
omit. 4
Clause 58 Amendment of s 81 (Consent may not be withdrawn (s 97 5
QBTA)) 6
Section 81, heading, `(s 97 QBTA)'-- 7
omit. 8
Clause 59 Amendment of s 82 (Tribunal may make interim order (s 9
98 QBTA)) 10
Section 82, heading, `(s 98 QBTA)'-- 11
omit. 12
Clause 60 Amendment of s 83 (Proceeding in tribunal stops action 13
by authority (s 99 QBTA)) 14
Section 83, heading, `(s 99 QBTA)'-- 15
omit. 16
Clause 61 Amendment of s 84 (Tribunal to decide about rectification 17
or completion work (s 101 QBTA)) 18
Section 84, heading, `(s 101 QBTA)'-- 19
omit. 20
Clause 62 Amendment of s 85 (Tribunal may hear dispute while 21
contract still in operation (s 102 QBTA)) 22
Section 85, heading, `(s 102 QBTA)'-- 23
omit. 24
s 63 59 s 65
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 63 Amendment of s 86 (Reviewable decisions (s 104 QBTA)) 1
(1) Section 86, heading, `(s 104 QBTA)'-- 2
omit. 3
(2) Section 86(1), after paragraph (a)-- 4
insert-- 5
`(aa) a decision to refuse an application for renewal of a 6
licence;'. 7
(3) Section 86(1)(c), after `licence'-- 8
insert-- 9
`or permit'. 10
(4) Section 86(2), `However, the tribunal may not review'-- 11
omit, insert-- 12
`The tribunal must not review'. 13
(5) Section 86(2)(b)(ii)-- 14
insert-- 15
`(C) started a prosecution, or served an 16
infringement notice, for an offence against 17
section 72(10);'. 18
Clause 64 Amendment of s 87 (Application for review (s 105 QBTA)) 19
Section 87, heading, `(s 105 QBTA)'-- 20
omit. 21
Clause 65 Amendment of s 88 (Tribunal has jurisdiction to conduct 22
disciplinary proceeding (s 108 QBTA)) 23
Section 88, heading, `(s 108 QBTA)'-- 24
omit. 25
s 66 60 s 70
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 66 Amendment of s 89 (Proper grounds for disciplinary 1
action against a licensee (s 109 QBTA)) 2
Section 89, heading, `(s 109 QBTA)'-- 3
omit. 4
Clause 67 Amendment of s 90 (Proper grounds for disciplinary 5
action against person not a licensee (s 110 QBTA)) 6
Section 90, heading, `(s 110 QBTA)'-- 7
omit. 8
Clause 68 Amendment of s 91 (Orders for disciplinary action (s 111 9
QBTA)) 10
Section 91, heading, `(s 111 QBTA)'-- 11
omit. 12
Clause 69 Amendment of s 92 (Tribunal may conduct public 13
examination (s 112 QBTA)) 14
(1) Section 92, heading, `(s 112 QBTA)'-- 15
omit. 16
(2) Section 92(b)(iii), `nominated supervisor'-- 17
omit, insert-- 18
`nominee'. 19
(3) Section 92(b)(iii), `a licence'-- 20
omit, insert-- 21
`a licence--'. 22
Clause 70 Amendment of s 93 (Decisions about debts arising from 23
statutory insurance scheme (s 116 QBTA)) 24
Section 93, heading, `(s 116 QBTA)'-- 25
omit. 26
s 71 61 s 75
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 71 Amendment of s 94 (Transfer of proceedings between 1
tribunal and the courts (s 117 QBTA)) 2
Section 94, heading, `(s 117 QBTA)'-- 3
omit. 4
Clause 72 Amendment of s 95 (Expedited hearing of domestic 5
building disputes (s 128 QBTA)) 6
Section 95, heading, `(s 128 QBTA)'-- 7
omit. 8
Clause 73 Amendment of s 96 (Certain minor commercial building 9
disputes may be expedited (s 129 QBTA)) 10
Section 96, heading, `(s 129 QBTA)'-- 11
omit. 12
Clause 74 Amendment of s 97 (Judicial Review excluded for minor 13
domestic building disputes (s 170 QBTA)) 14
Section 97, heading, `(s 170 QBTA)'-- 15
omit. 16
Clause 75 Insertion of new pt 8 17
After section 97-- 18
insert-- 19
`Part 8 Registers 20
`98 Definitions for pt 8 21
`In this part-- 22
developer register see section 103B. 23
licensee register see section 99. 24
owner-builder register see section 103. 25
s 75 62 s 75
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`99 Licensee register 1
`(1) A register of licensees (the licensee register) must be kept by 2
the authority. 3
`(2) The register must include the following particulars in relation 4
to each licensee-- 5
(a) the licensee's full name, business address and licence 6
number; 7
(b) if the licensee is a company--the full name and business 8
address of the nominee and each director; 9
(c) the class of licence held by the licensee and any 10
conditions to which the licence is, or has been, subject; 11
(d) any particulars required by regulation. 12
`(3) The register must also contain against the name of each 13
licensee a note of-- 14
(a) each direction of the authority requiring the licensee to 15
rectify building work; and 16
(b) each order made against the licensee by the tribunal 17
under section 1071 of the Tribunal Act; and 18
(c) any decision of the tribunal under section 842 that it 19
would have been appropriate for the authority to issue a 20
direction requiring the licensee to rectify or complete 21
building work; and 22
(d) each time the licensee is convicted of an offence against 23
this Act or the Domestic Building Contracts Act 2000 24
and the provision of the Act that was contravened; and 25
(e) each offence for which the licensee has for this Act or 26
the Domestic Building Contracts Act 2000 been served 27
with an infringement notice and-- 28
(i) the licensee has paid the fine in full or in part; or 29
(ii) a default certificate has been registered for the 30
infringement notice; and 31
1 Tribunal Act, section 107 (Orders for disciplinary action)
2 Section 84 (Tribunal to decide about rectification or completion work)
s 75 63 s 75
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(f) any demerit points allocated to the licensee, the demerit 1
matters for which they were allocated and the dates the 2
points took effect; and 3
(g) any cancellation or suspension of the licensee's licence 4
including the circumstances that led to the cancellation 5
or suspension; and 6
(h) if the licensee has been a permanently excluded 7
individual, an excluded individual, a banned individual 8
or a disqualified individual--the details of the 9
circumstances that led to the exclusion, ban or 10
disqualification; and 11
(i) if the licensee is a company that has a director, secretary, 12
influential person or nominee that became a 13
permanently excluded individual, an excluded 14
individual, a banned individual or a disqualified 15
individual in the last 10 years--the details of the 16
circumstances that led to the exclusion, ban or 17
disqualification. 18
`(4) A reference in subsection (3) to something happening in 19
relation to a person who is a licensee includes something 20
happening-- 21
(a) in relation to the person before the person became a 22
licensee; and 23
(b) before the commencement of this section. 24
`(5) In this section-- 25
licensee includes a person who was previously a licensee. 26
`100 When information may be included in the licensee 27
register 28
`(1) No information may be included in the register under section 29
99(3)(a) until-- 30
(a) all periods for seeking a review of the direction, and for 31
making any appeal arising out of review of the direction, 32
have ended; and 33
s 75 64 s 75
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(b) any review or appeal about the direction is finally 1
decided or is not proceeded with. 2
`(2) No information may be included in the register under section 3
99(3)(b) or (c) until-- 4
(a) all periods for making an appeal arising out of the 5
tribunal's order or decision have ended; and 6
(b) any appeal about the order or decision is finally decided 7
or is not proceeded with. 8
`(3) No information may be included in the register under section 9
99(3)(d) until-- 10
(a) all periods for making an appeal arising out of the 11
conviction have ended; and 12
(b) any appeal about the conviction is finally decided or is 13
not proceeded with. 14
`(4) No information may be included in the register under section 15
99(3)(e)(ii) if a licensee has applied for cancellation of the 16
enforcement order and the application for cancellation has not 17
been finally decided. 18
`101 Licensees must advise change of circumstances 19
`(1) If circumstances change so that the particulars recorded in the 20
licensee register in relation to a particular licensee no longer 21
reflect the current position, the licensee must, within 14 days 22
after the date of the change, give the authority particulars of 23
the change. 24
`(2) Particulars may be given under subsection (1)-- 25
(a) by written notice; or 26
(b) in another way approved by the authority, and advised 27
generally to licensees, as a suitable way for advising 28
particulars to the authority. 29
s 75 65 s 75
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`102 When notes must be removed from the licensee 1
register 2
`(1) A note made in the register under section 99(3) must be taken 3
off-- 4
(a) for information mentioned in section 99(3)(g) and (h), 5
10 years after it is made; or 6
(b) for information mentioned in section 99(3)(f), 3 years 7
after it is made; or 8
(c) for information mentioned in section 99(3)(i), the earlier 9
of-- 10
(i) when the director, secretary, influential person or 11
nominee is no longer a director, secretary, 12
influential person or nominee for the company; or 13
(ii) 10 years from the time the director, secretary, 14
influential person or nominee became a 15
permanently excluded individual, excluded 16
individual, banned individual or a disqualified 17
individual; or 18
(d) otherwise, 5 years after it is made. 19
`(2) However, details of demerit points and the demerit matters for 20
which points were allocated must be removed from the 21
register-- 22
(a) if the points stop having effect; or 23
(b) if the points relate to an unsatisfied judgment debt, when 24
the authority is satisfied the judgment debt has been 25
paid. 26
`(3) Also, for section 99(3)(e), details of an offence must be 27
removed from the register if-- 28
(a) the infringement notice for the offence is withdrawn by 29
the authority; or 30
(b) the enforcement order stops having effect, other than 31
because the amount owing under the enforcement order 32
has been paid or the order has been otherwise 33
discharged. 34
s 75 66 s 75
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`(4) Also, a note that states that an individual is prevented, for the 1
life of the individual, from obtaining a licence under this Act 2
must not be removed from the register. 3
`103 Register of holders of owner-builder permits 4
`(1) A register of persons holding owner-builder permits (the 5
owner-builder register) must be kept by the authority. 6
`(2) The register must include the following particulars in relation 7
to each permittee-- 8
(a) the permittee's full name, or if the permittee is a 9
company the full name and business address of each of 10
the directors of the company; 11
(b) the location of the land on which the owner-builder 12
work is to be carried out; 13
(c) the real property description of the land; 14
(d) a description of the owner-builder work to be carried out 15
on the land; 16
(e) the date of issue of the permit; 17
(f) the term of the permit; 18
(g) the permit number; 19
(h) the conditions of the permit; 20
(i) any particulars required by regulation. 21
`(3) If circumstances change so that the particulars recorded in the 22
register in relation to a particular permittee no longer reflect 23
the current position, the permittee must, within 14 days after 24
the date of the change, give the authority particulars of the 25
change. 26
`(4) Particulars under subsection (3) may be given-- 27
(a) by written notice; or 28
(b) in another way approved by the authority. 29
s 75 67 s 75
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`103A When particulars must be removed from 1
owner-builder register 2
`Particulars relating to a permittee must be removed from the 3
owner-builder register when the term of the permittee's permit 4
ends. 5
`103B Developer register 6
`(1) A register (the developer register) containing details about 7
each principal (the relevant developer) mentioned in section 8
72(5)(g) given a direction under section 72(1) must be kept by 9
the authority. 10
`(2) The register must contain against the name of a relevant 11
developer a note of-- 12
(a) each direction of the authority requiring the relevant 13
developer to rectify building work; and 14
(b) each time the relevant developer is convicted of an 15
offence against section 72(10). 16
`(3) However, no information may be included in the register 17
under subsection (2)(a) until-- 18
(a) all periods for seeking a review of the direction, and for 19
making any appeal arising out of a review of the 20
direction, have ended; and 21
(b) any review or appeal about the direction is finally 22
decided or is not proceeded with. 23
`(4) Also, no information may be included in the register under 24
subsection (2)(b) until-- 25
(a) all periods for making an appeal arising out of the 26
conviction have ended; and 27
(b) any appeal about the conviction is finally decided or is 28
not proceeded with. 29
`(5) Subsection (6) applies if-- 30
(a) the register contains the name of a relevant developer 31
that is a company because the company has been 32
convicted of an offence against section 72(10); and 33
s 75 68 s 75
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(b) an executive officer of the company is convicted of an 1
offence under section 111B in relation to the offence 2
under section 72(10); and 3
(c) all periods for making an appeal arising out of the 4
conviction of the executive officer have ended; and 5
(d) any appeal about the conviction by the executive officer 6
is finally decided or is not proceeded with. 7
`(6) A note of the conviction of the executive officer must be 8
included in the register. 9
`103C When notes must be removed from developer 10
register 11
`A note made in the developer register must be taken off the 12
register 5 years after it is made. 13
`103D Inspection of registers 14
`A person may, on payment of the fee, and subject to the 15
conditions, prescribed by regulation, inspect a register at the 16
authority's offices at any time the offices are open to the 17
public. 18
`103E Publication of registers 19
`The authority may publish a register on the authority's 20
internet site. 21
Editor's note-- 22
The authority internet site is . 23
`103F Certificates 24
`(1) The authority may, on application by any person and payment 25
of the fee fixed by regulation, issue a certificate certifying any 26
matter contained in a register kept under this Act. 27
`(2) A certificate under this section is admissible in legal 28
proceedings as evidence of any matter stated in the 29
certificate.'. 30
s 76 69 s 77
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 76 Replacement of s 105 (Inspector to produce identity card) 1
Section 105-- 2
omit, insert-- 3
`105 Inspector to produce identity card and provide 4
information 5
`(1) An inspector must not exercise a power under this Act in 6
relation to a person unless the inspector-- 7
(a) first produces the inspector's identity card for inspection 8
by the person or has the identity card displayed so it is 9
clearly visible to the person when exercising the power; 10
and 11
(b) tells the person that the inspector intends to exercise the 12
power; and 13
(c) generally advises the person of the nature of the power 14
to be exercised; and 15
(d) requests the person's cooperation in relation to the 16
exercise of the power. 17
`(2) However, if it is not practicable to comply with subsection 18
(1)(a), the authorised officer must produce the identity card 19
for the person's inspection at the first reasonable opportunity. 20
`(3) Failure to comply with subsection (1) does not affect the 21
validity of the exercise of the power.'. 22
Clause 77 Insertion of new s 107A 23
After section 107-- 24
insert-- 25
`107A Obstructing inspectors 26
`(1) A person must not obstruct an inspector who is exercising a 27
power under this Act, unless the person has a reasonable 28
excuse. 29
Maximum penalty--100 penalty units. 30
`(2) If a person has obstructed an inspector and the inspector 31
decides to proceed with the exercise of the power, the 32
inspector must warn the person that-- 33
s 78 70 s 79
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(a) it is an offence to obstruct the inspector, unless the 1
person has a reasonable excuse; and 2
(b) the inspector considers the person's conduct an 3
obstruction. 4
`(3) Subsection (2) does not apply if the obstruction is an assault. 5
`(4) In this section-- 6
obstruct includes assault, hinder or resist or attempt or 7
threaten to obstruct.'. 8
Clause 78 Amendment of s 108 (Obligation of assessment manager) 9
Section 108-- 10
insert-- 11
`(2) In this section-- 12
assessment manager includes a private certifier acting as an 13
assessment manager under the Integrated Planning Act 14
1997.'. 15
Clause 79 Insertion of new ss 108A108D 16
In part 10, before section 109-- 17
insert-- 18
`108A Documents that must be kept for 7 years 19
`(1) Subsection (2) applies to the following documents-- 20
(a) a building contract entered into by a building contractor 21
and the plans, specifications and variations relating to 22
the contract; 23
(b) a building contractor's financial records relevant to the 24
financial requirements stated in the board's policies. 25
`(2) The contractor must keep each document for 7 years from the 26
date it is put into writing. 27
Maximum penalty--100 penalty units. 28
s 79 71 s 79
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`108B False or misleading statement 1
`(1) A person must not state anything to the authority the person 2
knows is false or misleading in a material particular. 3
Maximum penalty--100 penalty units. 4
`(2) In a proceeding for an offence against this section, it is 5
enough for a charge to state that the statement was, without 6
specifying which, `false or misleading'. 7
`(3) This section does not apply to information to which section 8
53B applies. 9
`108C False or misleading document 10
`(1) A person must not give the authority a document containing 11
information the person knows is false or misleading in a 12
material particular. 13
Maximum penalty--100 penalty units. 14
`(2) Subsection (1) does not apply to a person if the person, when 15
giving the document-- 16
(a) tells the authority, to the best of the person's ability, how 17
it is false or misleading; and 18
(b) if the person has, or can reasonably obtain, the correct 19
information, gives the correct information. 20
`(3) A person must not make an entry in a document required or 21
permitted to be made or kept under this Act knowing the entry 22
to be false or misleading in a material particular. 23
Maximum penalty--100 penalty units. 24
`(4) In a proceeding for an offence against subsection (1) or (3), it 25
is enough for a charge to state that the information or entry 26
was, without specifying which, `false or misleading'. 27
`(5) This section does not apply to a document to which section 28
53B applies. 29
`108D Contracting out prohibited 30
`A person can not contract out of the provisions of this Act.'. 31
s 80 72 s 81
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Clause 80 Amendment of s 116 (Regulations) 1
Section 116(2), before paragraph (a)-- 2
insert-- 3
`(aa) prescribe the procedure for, and other matters relating 4
to, the application for, or renewal of, licences under this 5
Act; and'. 6
Clause 81 Amendment of sch 1 (Transitional and validating 7
provisions) 8
Schedule 1, after part 7-- 9
insert-- 10
`Part 8 Transitional provisions for 11
Queensland Building Services 12
Authority and Other Legislation 13
Amendment Act 2007 14
`31 Transitional provisions for existing supervisors' 15
licences 16
`(1) This section applies to a licensee who at the commencement 17
of this section holds a supervisor's licence. 18
`(2) The licensee is taken to hold a nominee supervisor's licence 19
for the classes of building work to which the supervisor's 20
licence applies. 21
`(3) In this section-- 22
supervisor's licence means a licence authorising the licensee 23
to supervise (but not to carry out) building work. 24
`32 Transitional qualifications for site supervisors' 25
licences 26
`(1) This section applies if a person who does not have the 27
required qualifications applies for a site supervisor's licence 28
during the transitional period. 29
s 81 73 s 81
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`(2) The authority may grant the application even though the 1
applicant does not have the required qualifications for the 2
licence if -- 3
(a) the authority has sighted a declaration by a licensed 4
contractor stating that-- 5
(i) the applicant has carried out building work as an 6
officer or employee of the contractor for a period 7
of not less than 12 months; and 8
(ii) the contractor has had an opportunity to assess the 9
skills of the applicant during the period; and 10
(iii) the contractor is satisfied that the applicant has the 11
skills to carry out the duties of a site supervisor for 12
a licence of the class applied for; and 13
(b) the authority is satisfied that the applicant has the skills 14
to be a site supervisor for that class. 15
`(3) If the licensed contractor is a company, the declaration must 16
be by the company's nominee. 17
`(4) Nothing in this section limits the powers the authority may 18
exercise under section 33(2) or (3). 19
`(5) In this section-- 20
required qualifications means the qualifications required for 21
a site supervisor's licence under section 32AA. 22
transitional period means the period of 1 year from the 23
commencement of section 30B. 24
`33 Transitional provision for fire protection occupational 25
licences 26
`Sections 42C and 42D do not apply to anything happening 27
before 2 years from the commencement of section 30C. 28
`34 Transitional provision for certain fire protection 29
work 30
`Section 42 does not apply to the following building work 31
until 2 years after the commencement of this section-- 32
s 82 74 s 82
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(a) the design of a fire protection system; 1
(b) the development, approval or certification of emergency 2
evacuation procedures for a controlled evacuation 3
during a fire emergency; 4
(c) the formulation or provision of alternative solutions 5
relating to fire safety; 6
(d) the inspection or investigation of, and the provision of 7
advice or a report about compliance with the Building 8
Act 1975 or the Building Code of Australia relating to 9
fire safety. 10
`35 Transitional provision for photograph on licence 11
`(1) Subsection (2) applies to the grant or renewal of a licence that 12
happens before 2 years from the commencement of this 13
section. 14
`(2) The licence may, or may not, contain a recent photograph of 15
the licensee. 16
`36 Transitional provision for continuation of register of 17
licensees 18
`(1) The register of licensees under section 39, as in force 19
immediately before the commencement of section 99, 20
continues as the licensee register under section 99. 21
`(2) The authority may continue to exercise its powers under part 8 22
in relation to the licensee register.'. 23
Clause 82 Amendment of sch 2 (Dictionary) 24
(1) Schedule 2, definitions contractor's licence, farm building, 25
licensed supervisor, owner-builder permit and supervisor's 26
licence-- 27
omit. 28
(2) Schedule 2-- 29
insert-- 30
s 82 75 s 82
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`administration services, for building work or tribunal work, 1
includes the following-- 2
(a) preparing tender documentation and calling and 3
selecting tenders; 4
(b) arranging and conducting on-site meetings and 5
inspections; 6
(c) arranging payment of subcontractors; 7
(d) arranging for certificates, including certificates from a 8
local government, to be issued; 9
(e) administration for the work usually carried out by-- 10
(i) a construction manager; or 11
(ii) a project manager under a project management 12
agreement; 13
(f) other administration for the work usually carried out by 14
a licensed contractor in the course of the contractor's 15
business. 16
advisory services, for building work or tribunal work, includes 17
the provision of advice or a report about building work other 18
than-- 19
(a) the carrying out of a completed building inspection; or 20
(b) the inspection or investigation of a building, and the 21
provision of advice or a report, for the following-- 22
(i) termite management systems for the building; 23
(ii) termite infestation in the building. 24
alternative solution see Building Act 1975, schedule 2. 25
apprentice means an apprentice under the Vocational 26
Education, Training and Employment Act 2000. 27
building contract means a contract or other arrangement for 28
carrying out building work in Queensland, for the 29
following-- 30
(a) this Act, other than part 4A; 31
(b) the definition construction management trade contract 32
where it is used, other than in part 4A. 33
s 82 76 s 82
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
building work services means 1 or more of the following for 1
building work-- 2
(a) administration services; 3
(b) advisory services; 4
(c) management services; 5
(d) supervisory services. 6
calling includes a craft, manufacture, occupation, trade, 7
undertaking or vocation. 8
carry out, for building work (other than for part 4A) means 9
any of the following-- 10
(a) carry out the work personally; 11
(b) directly or indirectly cause the work to be carried out; 12
(c) provide building work services for the work. 13
construction management contract means a contract under 14
which a principal engages a construction manager to provide 15
building work services for building work carried out for the 16
principal under construction management trade contracts. 17
construction manager means a person who provides building 18
work services for the carrying out of building work for a 19
principal under a construction management contract. 20
contractor's licence see section 30(1). 21
developer register, for part 8, see section 98. 22
enforcement debtor see the State Penalties Enforcement Act 23
1999, schedule 2. 24
enforcement order see the State Penalties Enforcement Act 25
1999, schedule 2. 26
fire protection occupational licence see section 30C(1) and 27
(2). 28
fire protection work means any of the following for a building 29
or part of a building-- 30
(a) the installation, restoration, repair or maintenance of a 31
fire protection system; 32
s 82 77 s 82
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(b) the preparation of any certificate, statement or record-- 1
(i) relating to the installation, restoration, repair or 2
maintenance of a fire protection system; or 3
(ii) stating whether a fire protection system meets a 4
standard, requirement or specification; 5
(c) the design of a fire protection system; 6
(d) the development, approval or certification of emergency 7
evacuation procedures for a controlled evacuation 8
during a fire emergency; 9
(e) the formulation or provision of alternative solutions 10
relating to fire safety; 11
(f) the inspection or investigation of, and the provision of 12
advice or a report about, compliance with the Building 13
Act 1975 or the Building Code of Australia relating to 14
fire safety. 15
infringement notice offence see the State Penalties 16
Enforcement Act 1999, schedule 2. 17
licence card means a licence card issued under section 34. 18
licence certificate means a licence certificate issued under 19
section 34. 20
licensed supervisor, for building work, means a person who 21
holds a licence under this Act authorising supervision of 22
building work of the relevant class. 23
licensee register, for part 8, see section 98. 24
management services, for building work or tribunal work, 25
includes-- 26
(a) coordinating the scheduling of the work by building 27
contractors including as agent for another person; and 28
(b) management for the work usually carried out by-- 29
(i) a construction manager; or 30
(ii) a project manager under a project management 31
agreement; and 32
s 82 78 s 82
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(c) other management for the work usually carried out by a 1
licensed contractor in the course of the contractor's 2
business. 3
nominee supervisor means a person who holds a nominee 4
supervisor's licence. 5
nominee supervisor's licence see section 30A(1). 6
owner-builder course, for part 3, division 8, see section 43D. 7
owner-builder permit see section 43E. 8
owner-builder register, for part 8, see section 98. 9
owner-builder work see section 43D. 10
permittee means the holder of an owner-builder permit under 11
this Act. 12
personally supervise, in relation to building work, means 13
personally exercise control over the work by overseeing and 14
directing the work to ensure it is-- 15
(a) in accordance with the plans and specifications set out in 16
the contract for the work; and 17
(b) of a standard expected of a competent holder of a 18
contractor's licence of the relevant class. 19
project management agreement means a contract under 20
which a principal engages a project manager to provide 21
building work services for building work carried out for the 22
principal other than under construction management trade 23
contracts. 24
project manager means a person who provides building work 25
services for the carrying out of building work for a principal 26
under a project management agreement. 27
renewal day, for a licence, means the day the licence is due to 28
be renewed. 29
residential unit means a part of a building designed for 30
separate occupation as a residence. 31
site supervisor means a person who holds a site supervisor's 32
licence. 33
site supervisor's licence see section 30B(1) and (2). 34
s 82 79 s 82
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
speculative residential construction work means residential 1
construction work carried out by a building contractor if-- 2
(a) the work is not carried out under a contract with a 3
consumer; and 4
(b) the work is carried out on land owned by the building 5
contractor; and 6
(c) the work is a single detached dwelling or a multiple 7
dwelling of not more than 3 storeys; and 8
(d) the dwelling has been sold, or is intended for sale, to 9
another person. 10
supervisory services, for building work or tribunal work, 11
includes-- 12
(a) the development, implementation and management of a 13
system for the supervision of the work; and 14
(b) the coordination or management of persons undertaking 15
the supervision of the work; and 16
(c) the personal supervision of the work; and 17
(d) any other supervision of building work under this Act. 18
trainee means a trainee under the Vocational Education, 19
Training and Employment Act 2000. 20
tribunal work see sections 75 and 76. 21
undertake to carry out, for building work, means any of the 22
following-- 23
(a) enter into a contract to carry out the work; 24
(b) submit a tender to carry out the work; 25
(c) make an offer to carry out the building work.'. 26
(3) Schedule 2, definition building-- 27
insert-- 28
`Examples of a fixed structure-- 29
· a fence other than a temporary fence 30
· a water tank connected to the stormwater system for a building 31
s 82 80 s 82
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
· an inground swimming pool or an aboveground pool fixed to the 1
ground'. 2
(4) Schedule 2, definition building contractor, `an'-- 3
omit, insert-- 4
`and'. 5
(5) Schedule 2, definition building work, paragraph (g)-- 6
omit, insert-- 7
`(g) fire protection work; or'. 8
(6) Schedule 2, definition construction management trade 9
contract, `, for part 4A,'-- 10
omit. 11
(7) Schedule 2, definition contracting party, `, for part 4A,'-- 12
omit. 13
(8) Schedule 2, definition default certificate, `, for part 3E,'-- 14
omit. 15
(9) Schedule 2, definition fire protection system, paragraph (d)-- 16
omit, insert-- 17
`(d) a fire or smoke detection system, a heat or smoke alarm 18
or another alarm system or emergency warning and 19
communication system;'. 20
(10) Schedule 2, definition fire protection system, after paragraph 21
(f)-- 22
insert-- 23
`(g) emergency lighting.'. 24
(11) Schedule 2, definition infringement notice, `, for part 3E,'-- 25
omit. 26
(12) Schedule 2, definition owner-- 27
insert-- 28
`Note-- 29
Owner has a different meaning for part 3, division 8.'. 30
s 83 81 s 84
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(13) Schedule 2, definition principal, `, for part 4A,'-- 1
omit. 2
Part 3 Amendment of Domestic 3
Building Contracts Act 2000 4
Clause 83 Act amended in pt 3 5
This part amends the Domestic Building Contracts Act 2000. 6
Clause 84 Amendment of s 7 (Meaning of domestic building 7
contract) 8
(1) Section 7(1)-- 9
omit, insert-- 10
`(1) A domestic building contract is-- 11
(a) a contract to carry out domestic building work; or 12
(b) a construction management contract under the 13
Queensland Building Services Authority Act 1991 for 14
the provision of building work services for domestic 15
building work; or 16
(c) another contract to manage the carrying out of domestic 17
building work.'. 18
(2) Section 7(2), paragraph (b)-- 19
renumber as paragraph (d). 20
(3) Section 7(2), after paragraph (a)-- 21
insert-- 22
`(b) a contract between a building contractor and a building 23
owner for the construction of 2 or more detached 24
dwellings; or 25
(c) a contract between the holder of an owner-builder 26
permit and a building contractor; or'. 27
s 85 82 s 88
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(4) Section 7, after subsection (2)-- 1
insert-- 2
`(3) Subsection (4) applies if a building contractor and building 3
owner-- 4
(a) enter into 2 or more separate contracts each for the 5
construction of 1 detached dwelling; and 6
(b) the separate contracts could be the subject of a single 7
contract for the construction of 2 or more detached 8
dwellings. 9
`(4) The separate contracts are taken to be a contract between a 10
building contractor and a building owner for the construction 11
of 2 or more detached dwellings.'. 12
Clause 85 Amendment of s 9 (Meaning of regulated contract) 13
Section 9(2), `contact'-- 14
omit, insert-- 15
`contract'. 16
Clause 86 Amendment of s 26 (Contracts must be in writing) 17
Section 26, penalty-- 18
omit, insert-- 19
`Maximum penalty--80 penalty units.'. 20
Clause 87 Amendment of s 27 (General contents of contracts) 21
Section 27(8), definition specification details-- 22
insert-- 23
`(d) other details prescribed by regulation.'. 24
Clause 88 Insertion of new s 31 25
After section 30-- 26
insert-- 27
s 89 83 s 90
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`31 Documents that must be kept for 7 years 1
`(1) Subsection (2) applies to a regulated contract entered into by a 2
building contractor and the plans, specifications and variations 3
relating to the contract. 4
`(2) The contractor must keep each document for 7 years from the 5
date it is put into writing. 6
Maximum penalty--100 penalty units.'. 7
Clause 89 Amendment of s 54 (Mixed-purpose contracts) 8
Section 54, penalty-- 9
omit, insert-- 10
`Maximum penalty--100 penalty units.'. 11
Clause 90 Amendment of s 65 (Progress payments for contracts 12
other than designated stages contracts) 13
Section 65(2)-- 14
omit, insert-- 15
`(2) The building contractor under a regulated contract must not 16
demand or receive an amount under the contract, other than a 17
deposit, unless the amount is directly related to the progress of 18
the work-- 19
(a) carried out under the contract; or 20
(b) the carrying out of which has been managed under the 21
contract. 22
Maximum penalty--50 penalty units.'. 23
s 91 84 s 93
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Part 4 Amendment of Professional 1
Engineers Act 2002 2
Clause 91 Act amended in pt 4 3
This part amends the Professional Engineers Act 2002. 4
Clause 92 Amendment of pt 11, heading 5
Part 11, heading, `and transitional'-- 6
omit, insert-- 7
`, transitional and validating'. 8
Clause 93 Insertion of new pt 11, div 3 9
After section 165-- 10
insert-- 11
`Division 3 Validating provision 12
`166 Validating registration of professional engineers 13
`(1) Subsection (2) applies if the board purported to register an 14
individual as a registered professional engineer in 1 or more 15
areas of engineering between 1 January 2003 and 13 July 16
2006. 17
`(2) The purported registration of the individual is taken always to 18
have been valid for the area or areas of engineering in which 19
the individual is purported to be registered as if, at all relevant 20
times, areas of engineering had been prescribed under a 21
regulation.'. 22
© State of Queensland 2007
AMENDMENTS TO BILL
1
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
Queensland Building Services Authority
and Other Legislation Amendment Bill
2007
Amendments agreed to during Consideration
1 New clause 79A
At page 71, after line 31--
insert--
`79A Insertion of new s 115
After section 114--
insert--
`115 Authority may provide services to a professional board
`(1) The authority may provide services to a professional board in
relation to a disciplinary proceeding being, or that may be,
conducted by the tribunal.
Example--
The authority might make a lawyer performing work for it under a work
performance arrangement available to represent a professional board at
a disciplinary proceeding being conducted by the tribunal.
`(2) The authority may enter into arrangements with a
professional board about the fees to be paid to the authority
for services provided under subsection (1).
`(3) In this section--
disciplinary proceeding means--
(a) a disciplinary proceeding under the Architects Act 2002;
or
(b) a disciplinary proceeding under the Professional
Engineers Act 2002.
professional board means --
(a) the Board of Architects of Queensland established under
the Architects Act 2002; or
2
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
(b) the Board of Professional Engineers of Queensland
established under the Professional Engineers Act
2002.'.'.
2 New part 3A
At page 83, after line 23--
insert--
`Part 3A Amendment of Housing Act
2003
`90A Act amended in pt 3A
`This part amends the Housing Act 2003.
`90B Amendment of s 12 (General powers)
`Section 12--
insert--
`(3) The chief executive may, on the terms and conditions and
subject to the restrictions, exceptions and reservations the
chief executive thinks fit, dispose of portfolio property that is
surplus to the requirements of the department.'.
`90C Amendment of s 128 (Land set apart under the repealed
Act, s 18)
`Section 128--
insert--
`(5) The Governor in Council may, by gazette notice--
(a) repeal the notification to wholly revoke the setting apart
of the land for use for the purposes of this Act; or
(b) amend the notification, including to partly revoke the
setting apart of the land for use for the purposes of this
Act.
3
Queensland Building Services Authority and Other
Legislation Amendment Bill 2007
`(6) The chief executive may, as agent of the State, apply under the
Land Act 1994 for land to which the notification applies to
be--
(a) granted in fee simple; or
(b) leased for a term of years or in perpetuity.
`(7) For dealing with an application mentioned in subsection (6)
under the Land Act 1994--
(a) section 16 of that Act does not apply; and
(b) a deed of grant or lease may be granted without
competition.
`(8) The registration of a deed of grant under the Land Title Act
1994, or registration of a lease under the Land Act 1994, for
land to which the notification applies revokes the notification
to the extent it sets apart that land for use for the purposes of
this Act.'.'.
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