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Building and Other Legislation Amendment Bill 2009
Laid before the Legislative Assembly on 12 November 2009
Record of Proceedings (Hansard 12 November 2009)
Building and Other Legislation
Amendment Bill 2009
Erratum to Explanatory Notes
Short Title
The short title of the Bill is the Building and Other Legislation Amendment
Act 2009.
Reason for Erratum
As a result of an amendment to be moved during consideration in detail to
clause 29 (Insertion of new chs 8A and 8B) at page 27, line 15 of the Bill to
amend section 246E (Application of div 3), an amendment is required to
page 21 of the Explanatory Notes.
The wording of the Explanatory Note for section 246E currently indicates a
different meaning to the intention of the amendment to be moved during
consideration in detail. The Explanatory Note currently states: `Sold
includes the contract becoming "unconditional" where conditions that are
attached to the contract have been satisfied'. Further consultation indicated
that this may not ensure that obligations continue throughout the potential
marketing period.
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Building and Other Legislation Amendment Bill 2009
Notes on Provision
The part of the Explanatory Note for section 246E that states: `Sold
includes the contract becoming "unconditional" where conditions that are
attached to the contract have been satisfied' is omitted and the following
Note inserted:
`To ensure certainty about when division 3 applies to a seller, section 246E
refers to the earlier of the following days, namely the day a contract for the
sale of the building settles or the day the building is withdrawn from sale.
This approach to when a building has been sold has been taken, as it may
be possible for a contract to be terminated before settlement and for
marketing of the building to resume. It may also be possible that some form
of marketing would continue before a contract settles but after the contract
conditions had been met. The intention is to ensure the obligations apply
throughout the potential marketing period.'
© State of Queensland 2009
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