BUILDING ACT 1975 - As at 1 February 2024 - Act 11 of 1975
Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
- 1 Short title
- 2 Act binds all persons
- 3 Simplified outline of main provisions of Act
PART 2 - INTERPRETATION
Division 1 - Dictionary
- 5 What is building work
- 6 What is a building development application
- 7 What is building assessment work
- 8 Who is a building certifier
- 9 Private certifiers and their classes
- 10 What is a building certifying function
- 11 Who is the assessment manager for a building development application
11A. (Repealed)
- 12 What is the Building Code of Australia (or BCA)
12A. (Repealed)
12AA. (Repealed)
12B. (Repealed)
12BA. (Repealed)
12C. (Repealed)
12D. (Repealed)
12E. (Repealed)
12F. (Repealed)
12G. (Repealed)
12K. (Repealed)
12Q. (Repealed)
- 13 What is the Queensland Development Code (or QDC)
- 14 When building work complies with the BCA or QDC
14A. (Repealed)
14B. (Repealed)
14C. (Repealed)
14D. (Repealed)
14E. (Repealed)
14F. (Repealed)
14G. (Repealed)
Division 3 - Other references
- 15 References to changed BCA or QDC provision
- 16 Reference in Act to applicants, development, assessment managers, referral agencies, building work or building certifiers
- 17 Reference in Act to local government
- 18 Reference to local government in provision about building development application
- 19 Reference to a proposed building or structure
19A. (Repealed)
19B. (Repealed)
19C. (Repealed)
19D. (Repealed)
19E. (Repealed)
CHAPTER 2 - WHEN BUILDING WORK IS ASSESSABLE DEVELOPMENT OR ACCEPTED DEVELOPMENT
Notes—
- 20 Building work that is assessable development for the Planning Act
20A. (Repealed)
20B. (Repealed)
20C. (Repealed)
20D. (Repealed)
20E. (Repealed)
20F. (Repealed)
20G. (Repealed)
- 21 Building work that is accepted development for the Planning Act
22. (Repealed)
CHAPTER 3 - ADDITIONAL REQUIREMENTS FOR BUILDING DEVELOPMENT APPLICATIONS
Note—
PART 1 - REQUIREMENTS FOR SUPPORTING DOCUMENTS
- 23 Operation of pt 1
- 24 Required information for supporting documents
- 25 General requirements for supporting documents
- 26 Requirements if performance solution used
PART 2 - OTHER REQUIREMENTS
- 27 Application for building work for budget accommodation building
- 28 Application to build regulated pool
28A. (Repealed)
- 29 Application must include required site works
29A. (Repealed)
CHAPTER 4 - BUILDING ASSESSMENT PROVISIONS AND ASSESSING BUILDING DEVELOPMENT APPLICATIONS
PART 1 - LAWS AND OTHER DOCUMENTS APPLYING TO BUILDING WORK
Division 1 - General provisions about the laws and documents applying to building work
- 30 Meaning of building assessment provisions
30A. (Repealed)
30B. (Repealed)
30BA. (Repealed)
30BB. (Repealed)
30BC. (Repealed)
30BD. (Repealed)
30BE. (Repealed)
30BF. (Repealed)
30BG. (Repealed)
30BH. (Repealed)
30C. (Repealed)
30D. (Repealed)
30E. (Repealed)
30F. (Repealed)
30I. (Repealed)
30J. (Repealed)
30K. (Repealed)
30L. (Repealed)
30M. (Repealed)
30O. (Repealed)
30P. (Repealed)
30Q. (Repealed)
30R. (Repealed)
30T. (Repealed)
30Y. (Repealed)
30Z. (Repealed)
- 31 Building assessment provisions are assessment benchmarks for Planning Act
- 32 Local laws, local planning instruments and local government resolutions that may form part of the building assessment provisions
32A. (Repealed)
32B. (Repealed)
- 33 Alternative provisions to QDC residential design and siting provisions for particular buildings
34. (Repealed)
- 34A Decision for building development application that complies with building assessment provisions
- 35 Relationship between the BCA and the QDC
35A. (Repealed)
- 36 When building assessment provisions must be applied
36AA. (Repealed)
36A. (Repealed)
36B. (Repealed)
36C. (Repealed)
36D. (Repealed)
36E. (Repealed)
36F. (Repealed)
36G. (Repealed)
36H. (Repealed)
36I. (Repealed)
36J. (Repealed)
36K. (Repealed)
36L. (Repealed)
36M. (Repealed)
36N. (Repealed)
36O. (Repealed)
- 37 Provision for changes to building assessment provisions
Division 2 - Variation of how particular building assessment provisions apply
- 38 Applying to vary how particular building assessment provision applies
- 39 Applying for fast-track decision
- 40 Effect of variation application on development assessment process under Planning Act
- 41 Deciding variation application
- 42 Criteria for decision
- 43 Notice of decision
- 44 Effect of variation
Division 1 - Who carries out building assessment work
- 45 Generally a building certifier must assess
- 46 Referral agencies may assess application against building assessment provisions
46A. (Repealed)
46B. (Repealed)
46C. (Repealed)
Division 2 - Functions of private certifiers
- 47 Operation of div 2
- 48 Functions of private certifier (class A)
- 49 Functions of private certifier (class B)
- 50 Restrictions on building certifying functions that a private certifier (class B) can perform
Division 3 - Functions of local government
- 51 Function to act on building development application or development approval unless private certifier (class A) engaged
- 52 Restriction on local government issuing building development approval
52A. (Repealed)
- 53 Local government may rely on particular compliance certificates and other documents
- 54 Local government may rely on documents private certifier gives it for providing public access
Division 4 - Power of particular replacement assessment managers to decide status of development assessment process under Planning Act
- 55 Power to decide what stage of development assessment process under Planning Act application process may resume or start
- 56 Building certifier’s discretion—BCA
- 57 Building certifier’s or referral agency’s discretion—QDC
- 58 Survey certificate
- 59 Discretion for building development applications for particular budget accommodation buildings
- 60 Building certifier may rely on particular compliance certificates and other documents
- 61 Alterations to safe existing work may be approved on basis of earlier building assessment provisions
PART 4 - REQUIREMENTS FOR AND RESTRICTIONS ON ASSESSING OR APPROVING BUILDING DEVELOPMENT APPLICATIONS
62. (Repealed)
- 63 Restriction on granting building development approval for budget accommodation building
- 63A Restriction on granting building development approval for residential care building
63B. (Repealed)
- 64 Required report before assessing application for temporary building or structure with special fire service
64C. (Repealed)
64D. (Repealed)
- 65 Land subject to registered easement or statutory covenant
- 66 Special structures
66A. (Repealed)
66B. (Repealed)
- 67 Temporary building or structures
- 68 Particular alterations not permissible
- 68A Statement of reasons for approving performance solution
PART 5 - CONDITIONS OF BUILDING DEVELOPMENT APPROVALS
Note—
Division 1 - Conditions taken to be imposed
- 69 Operation of div 1
- 70 Engineering drawings
- 71 When demolition, removal and rebuilding must start and be completed
- 72 Building work in erosion prone area
- 73 Obligation to make current drawing available for inspection
- 74 Inspection and testing of special fire service installation
- 75 Earthworks and retaining walls
- 76 Drainage of buildings or land
- 77 Building work over existing sanitary drainage
Division 2 - Conditions that may be imposed
- 78 Survey certificate
- 79 Hazardous buildings
- 80 Alterations to unsafe existing work
- 81 Building development approval for particular alterations may require existing building or structure to comply with building assessment provisions
PART 6 - REGULATION OF BUILDING ASSESSMENT WORK AND THE ISSUING OF BUILDING DEVELOPMENT APPROVALS BY PRIVATE CERTIFIERS
- 82 Application of pt 6
- 83 General restrictions on granting building development approval
- 84 Approval must not be inconsistent with particular earlier approvals or accepted development
- 85 Additional requirement for decision notice
- 86 Requirements on approval of application
- 87 Local government acknowledgement
- 88 Giving approval documents to applicant
PART 7 - PROVISIONS ABOUT LAPSING OF BUILDING DEVELOPMENT APPROVALS AND RELATED MATTERS
Division 1 - Building work for demolition or removal
- 89 Application of div 1
- 90 Currency period under the Planning Act, s 85(1) for building development approval
- 91 Lapsing of building development approval
- 92 Local government may complete particular work if condition not complied with
- 93 Releasing security
- 94 Application of div 2
- 95 Reminder notice requirement for lapsing
- 96 Extension of lapsing time because of application to extend currency period under Planning Act, s 85(1)
- 97 Restriction on private certifier (class A) extending currency period under Planning Act, s 85(1) more than once
CHAPTER 5 - INSPECTIONS, BUILDING CLASSIFICATION AND THE USE OF BUILDINGS
PART 1 - GIVING OF INSPECTION DOCUMENTATION FOR SINGLE DETACHED CLASS 1A BUILDINGS AND CLASS 10 BUILDINGS OR STRUCTURES
- 98 Application of pt 1
- 99 Obligation to give owner inspection documentation on final inspection
PART 2 - CERTIFICATES OF OCCUPANCY FOR OTHER BUILDINGS
Division 1 - Preliminary
- 100 Application of pt 2
- 101 Meaning of substantially completed
Division 2 - Giving of certificate
- 102 Obligation to give certificate of occupancy on inspection after particular events
- 103 Certificate requirements
- 104 Interim certificate if building is remote
- 105 Certificates for a building occupied in stages
Division 3 - Miscellaneous provisions about certificates of occupancy
- 106 Term of certificate of occupancy
- 107 Building certifier’s obligation to give referral agency certificate and other documents
- 108 Additional obligations if certificate of occupancy given by private certifier (class A)
- 108A Owner’s obligations about access to certificate of occupancy
PART 3 - CHANGES TO BCA CLASSIFICATION OR USE WITHIN CLASSIFICATION
- 109 What is a BCA classification or use change to a building
- 110 Restriction on making BCA classification or use change
- 111 Provision for applying to local government to obtain approval for BCA classification or use change
- 112 Concessional approval for particular existing buildings
- 113 Obligation of building certifier approving BCA classification or use change to give new certificate of occupancy
PART 4 - RESTRICTIONS ON THE USE OF BUILDINGS
- 114 No occupation or use of particular buildings without certificate of occupancy
- 114A Owner’s obligation to comply with certificate of occupancy
- 115 Compliance with relevant BCA and QDC provisions for occupation and use of building
- 116 Exception for use of government buildings for emergency
- 117 Enforcement action required
- 118 Restriction on use of buildings built on or after 1 April 1976
- 119 Further restriction on occupation of building for residential purposes
PART 5 - MISCELLANEOUS PROVISIONS
- 120 BCA classification as special structure
- 121 Doubtful BCA classifications
- 122 Building certifier’s obligation to give owner inspection documentation if building development approval lapses
- 123 Certificate of occupancy for particular buildings built before 30 April 1998
- 124 Building certifier’s obligation to give information notice about particular decisions
- 124A Obligation to give owner inspection documentation for particular inspections
CHAPTER 6 - PROVISIONS ABOUT PRIVATE CERTIFIERS AND OTHER BUILDING CERTIFIERS
PART 1 - GENERAL PROVISIONS ABOUT BUILDING CERTIFIERS
Division 1 - Regulation of the performance of building certifying functions
- 125 Person must not perform building certifying functions without licence
- 126 Building certifier performing building certifying function must be appropriately licensed
- 127 Building certifier’s duty to act in public interest in performing building certifying function
- 128 Building certifier must not perform building certifying function if there is a conflict of interest
Division 2 - Code of conduct
- 129 Code of conduct
- 130 Tabling and inspection of amendment or replacement not part of or attached to regulation
- 131 Access to code of conduct
Division 3 - Miscellaneous provisions
- 132 Effect of building certifier not complying with Act if no penalty provided
- 133 Additional functions of QBCC for building certification
- 133A Building certifier to have regard to particular guidelines
PART 2 - PRIVATE CERTIFIERS
Division 1 - Regulation of private certifying functions
- 134 Restriction on performing functions of private certifier (class A)
- 135 Restriction on private certifier performing functions for building development applications
- 136 Offence for private certifier not to act in public interest in performing private certifying function
- 137 Private certifier must not perform private certifying function if there is a conflict of interest
Division 2 - Engagement of private certifiers
- 138 Power to contract to perform private certifying functions
- 139 General restrictions on private certifier entering into engagement
- 140 Restriction on engagement of private certifier (class B)
- 141 Requirements for engagement of private certifier
- 142 Engagement of private certifier (class A) taken to include inspection and certification
- 143 Notice of engagement—owner clients
- 143A Notice of engagement and contact details—other clients
- 143B Owner may require performance of additional certifying functions
- 144 Restriction on discontinuing engagement
- 145 Effect of transfer of functions for building development approval to local government or replacement private certifier
- 146 Agreed fee recoverable despite valid refusal of particular actions
Division 3 - Record-keeping and related requirements
- 147 Building development applications and approval documents
- 148 Obligation to give inspection documentation to owner of building
- 149 Obligation to give inspection documentation and any reminder notice to local government
- 150 Obligation to keep inspection documentation
PART 3 - LICENSING OF BUILDING CERTIFIERS
Division 1 - Licence levels and their roles
- 151 Levels
- 152 Role of building certifier–level 1
- 153 Role of building certifier–level 2
- 154 Role of building certifier–level 3
Division 2 - Applying for and obtaining licence
- 155 Who may apply
- 156 Requirements for licence application
- 157 Decision on licence application
- 158 Steps after making decision
- 159 Duration of licence
Division 3 - Private certification endorsements
- 160 Endorsements
- 161 Who may apply for endorsement
- 162 Requirements for endorsement application
- 163 Restrictions on making endorsement
- 164 Notice of refusal
Division 4 - Renewals
- 165 Notice of expiry of licence
- 166 Automatic expiry on failure to apply for renewal
- 167 Applying for renewal
- 168 Existing licence taken to be in force while application is being considered
- 169 Decision on renewal application
- 170 Steps after making decision
Division 5 - Cancellation and suspension of, and other changes to, licences and cancellation of endorsements
Subdivision 1 - QBCC’s powers
- 171 Power to amend, cancel or suspend licence
- 172 Power to change licence level
- 173 Cancellation of endorsement of licence to act as private certifier
- 174 Notice of particular events to interstate licensing authorities and other entities
Subdivision 2 - Show cause notice procedure
- 175 Show cause notice
- 176 Submissions about show cause notice
- 177 Decision on proposed action
- 178 Notice and taking effect of decision
Division 6 - General provisions about licences
- 179 Register of building certifiers
- 180 Access to register
- 181 Surrendering licence
- 182 Obtaining replacement licence
- 183 Obligation of building certifier to give notice of change in particular circumstances
Division 7 - Miscellaneous provisions
- 184 Accreditation standards bodies
- 185 Function of accreditation standards body
- 186 Criteria for deciding suitability of applicants and licensees
- 187 QBCC may seek information from applicants about suitability
- 188 Refund of particular licence fees accompanying applications
- 189 Reviews by tribunal of decisions under pt 3
PART 4 - COMPLAINTS, INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS RELATING TO BUILDING CERTIFIERS
Division 1 - Complaints
- 190 Making a complaint against a building certifier
- 191 Building certifier must be advised of complaint
- 192 QBCC may recommend mediation to resolve complaint
- 193 Mediation process
- 194 Investigation of complaint
Division 2 - Investigations
- 195 QBCC may require documents to be produced
- 196 Issue of identity card to auditor
- 197 Production or display of identity card
- 198 Inspection of documents
- 199 Power to enter and inspect building site relating to complaint or audit
- 200 Procedure before entry
- 201 Cooperating with investigation or audit
- 202 False or misleading statements
- 203 False or misleading documents
- 204 Decision after investigation or audit completed
205. (Repealed)
Division 3 - Show cause notice for disciplinary proceedings
- 206 Show cause notice
- 207 Representations and decision
Division 4 - Disciplinary proceedings
- 208 Tribunal may conduct disciplinary proceeding
- 209 Constitution of tribunal for disciplinary proceeding
- 210 Notification of disciplinary proceeding
- 211 Orders relating to current building certifier
- 212 Orders relating to former building certifier
- 213 Consequences of failure to comply with tribunal’s orders and directions
- 214 Recording details of orders
PART 5 - DISQUALIFIED INDIVIDUALS
Division 1 - Preliminary
Division 2 - Calculation of demerit points
- 214E Demerit points for demerit offences
- 214F When demerit points are allocated and take effect
- 214G Limit on demerit points from single investigation or audit
- 214H QBCC must notify person about demerit points
Division 3 - Disqualification
- 214I Procedure if QBCC considers person has accumulated 30 demerit points
- 214J Ending procedure without further action
- 214K Notice of disqualification
- 214L Period of disqualification
CHAPTER 7 - FIRE SAFETY FOR BUDGET ACCOMMODATION BUILDINGS
Note—
PART 1 - INTERPRETATION
PART 2 - FIRE SAFETY STANDARD
- 217 Fire safety standard
- 218 Guidelines for fire safety standard
PART 3 - BUDGET ACCOMMODATION BUILDINGS BUILT, APPROVED OR APPLIED FOR, BEFORE 1 JANUARY 1992
- 219 Application of pt 3
- 220 Owner must ensure building conforms with fire safety standard
- 221 Approval of longer period for conformity with fire safety standard
- 222 Advice as to conformity with fire safety standard
- 223 Stay of operation of local government decision
- 224 Local government decisions
PART 4 - ALL BUDGET ACCOMMODATION BUILDINGS
- 225 Application of pt 4
- 226 Obligation about fire safety management plan
- 227 Accessing fire safety management plan
- 228 Random inspection of buildings for which development approval is given
PART 5 - MISCELLANEOUS
- 229 Obligations of entities about guidelines for fire safety standard and fire safety management plans
- 230 Local government’s fire safety record-keeping obligations
- 231 Owner’s fire safety record-keeping obligation
CHAPTER 7A - FIRE SAFETY FOR RESIDENTIAL CARE BUILDINGS BUILT, APPROVED OR APPLIED FOR, BEFORE 1 JUNE 2007
PART 1 - APPLICATION OF CHAPTER 7A
- 231AA Application of ch 7A
PART 2 - INTERPRETATION
PART 3 - FIRE SAFETY STANDARD (RCB)
- 231AE What is the fire safety standard (RCB)
PART 3A - RCB ASSESSORS
- 231AF Who is an RCB assessor
- 231AG Chief executive may approve public service employees to assess RCBs
PART 4 - ASSESSMENT OF RESIDENTIAL CARE BUILDINGS
- 231AH Owner must have RCB assessed for assessment category and compliance with fire safety standard (RCB)
- 231AI RCB assessment reports
- 231AJ Further assessment by RCB assessor
- 231AK When owner must obtain fire safety (RCB) compliance certificate or certificate of occupancy
- 231AL Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of occupancy
- 231AM Owner and operator must ensure RCB continues to comply with fire safety standard (RCB)
PART 5 - GENERAL
- 231AN General obligations of operator of RCB
- 231AO Owner must give RCB assessment report to chief executive and local government
- 231AP Owner must give fire safety (RCB) compliance certificate to chief executive and local government
- 231AQ Obligations about access to fire safety (RCB) compliance certificate
CHAPTER 8 - SWIMMING POOL SAFETY
PART 1 - INTERPRETATION
- 231A Definitions for ch 8
- 231B What is a regulated pool
- 231C What is a pool safety inspection function
- 231D What is the pool safety standard
PART 2 - COMPLIANCE WITH POOL SAFETY STANDARD AND OTHER MATTERS ABOUT POOL SAFETY
Division 1 - Compliance with pool safety standard
- 232 Compliance with pool safety standard—regulated pool
Division 2 - Requirements about constructing regulated pool
- 233 Constructing regulated pool—requirement for warning sign
- 234 Constructing regulated pool—requirement for compliance with pool safety standard
Division 3 - Exemptions from compliance with pool safety standard—disability
Subdivision 1 - Applying for exemption and deciding application
- 235 Application for exemption—disability
- 236 Requirement for further information
- 237 Decision on application
- 238 Notice of decision
- 239 Notice of exemption to be given to QBCC commissioner
- 240 Application of pool safety standard under exemption
Subdivision 2 - Ending and revocation of exemptions
- 241 When exemption ends
- 242 Local government may revoke exemption
- 243 Notice of revocation to be given to QBCC commissioner
Subdivision 3 - Miscellaneous
- 244 Keeping copy of exemption
Division 4 - Exemptions from compliance with pool safety standard—impracticality
Subdivision 1 - Applying for exemption and deciding applications
- 245 Application for exemption—compliance impracticable
- 245A Requirement for further information
- 245B Decision on application
- 245C Notice of decision and application of pool safety standard under exemption
- 245D Continuation of exemption
Subdivision 2 - Revocation of exemptions
- 245E Local government may revoke exemption
Subdivision 3 - Miscellaneous
- 245F Notice of exemption or revocation to be given to QBCC commissioner
- 245FA Keeping copy of exemption
Division 5 - Reporting, and giving notice of, pool immersion incidents
- 245G Requirement to report pool immersion incident
- 245H Disclosure of information about pool immersion incident
- 245I Giving notice of pool immersion incidents
Division 6 - Pool safety management plans for particular pools
Subdivision 1 - Preliminary
- 245J Application of div 6
- 245K Requirement to have pool safety management plan
- 245L Requirement to comply with approved pool safety management plan
Subdivision 2 - Approval, and duration, of pool safety management plans
- 245M Application for approval
- 245N Requirement for further information
- 245O Decision on application
- 245P Duration of plan
Subdivision 3 - Cancellation of approval and amendment of approved pool safety management plan
- 245Q Cancellation or amendment
- 245R When decision has effect
Subdivision 4 - (Repealed)
Division 7 - Miscellaneous
- 245T Access to regulated pool to be kept secure
- 245U Interference with barriers for regulated pools
- 245UA QBCC commissioner may give local government information about regulated pools
- 245V When particular local government exemptions about requirements for pool fencing end
- 245W When particular local law has no force or effect for regulated pool
PART 2A - NEIGHBOURS’ RIGHTS AND RESPONSIBILITIES FOR PARTICULAR DIVIDING FENCES
Division 1 - Introduction
Division 2 - Interpretation
Division 3 - Rights and responsibilities of pool owners and their neighbours for particular dividing fences
- 245XB Right to construct pool barrier along common boundary
- 245XC Walls on common boundary
- 245XD Right to alter or replace existing dividing fence for the purpose of a pool barrier
- 245XE Right to construct part of the barrier for 2 neighbouring pools along the common boundary or alter or replace existing fence
- 245XF Limited right of neighbour to alter or replace part of pool barrier along a common boundary
- 245XG Right to enter adjoining land to carry out fencing work
- 245XH Apportioning cost of constructing etc. dividing fence forming part of a pool barrier
- 245XI Attaching things to a dividing fence forming part of a pool barrier
- 245XJ Negligent or deliberate act or omission
- 245XK Urgent fencing work
Division 4 - Process for obtaining contribution and resolving disputes
Subdivision 1 - Introduction
- 245XL Overview
Subdivision 2 - Notices
- 245XM Notice of proposed fencing work
- 245XN Notice to contribute for urgent fencing work
Subdivision 3 - Resolving disputes
- 245XO Jurisdiction
- 245XP Representation
- 245XQ Orders about carrying out fencing work
- 245XR Matters for QCAT consideration
- 245XS Application for order in absence of adjoining owner
Division 5 - Process for dealing with unauthorised fencing work
- 245XT Unauthorised fencing work
- 245XU Application before unauthorised fencing work
- 245XV Application after unauthorised fencing work
Division 6 - Process if common boundary not agreed
- 245XW Process if common boundary not agreed
Division 7 - General
- 245XX Measurement of the height of a dividing fence or pool barrier
- 245XY Substantial compliance is adequate
- 245XZ Giving documents
- 246 Descriptions in notice
PART 3 - INSPECTIONS OF REGULATED POOLS AND THE GIVING OF POOL SAFETY CERTIFICATES
Division 1 - Inspections of regulated pools by pool safety inspectors
246A. (Repealed)
- 246AA Obligation to give pool safety certificate on inspection in particular circumstances
- 246AB Nonconformity notice
- 246AC Steps after nonconformity notice
- 246ACA Special provision for pool inspection in remote areas
- 246AD Record-keeping requirements for inspections
Division 2 - Functions of local government for inspections of regulated pools
- 246ADA Requirement to inspect particular pools
- 246AE Power of local government to inspect regulated pool
- 246AF Cancellation of pool safety certificate after inspection
- 246AG Show cause notice procedure and decision
- 246AH Request for inspection of regulated pool
- 246AI Pool safety certificate does not limit power of local government to enter land for particular purposes
- 246AIA Keeping records of particular notices
- 246AIB Local government to give information to QBCC commissioner
Division 3 - Pool safety certificates
- 246AJ Identification number for pool safety certificate
- 246AK Form of pool safety certificate
- 246AL Term of pool safety certificate
- 246AM Pool safety inspector’s obligation to give notice of pool safety certificates
- 246AN Final inspection certificate or certificate of occupancy instead of pool safety certificate
Division 4 - Miscellaneous provision
- 246AO Appeals to development tribunal of decisions under pt 3
PART 4 - GENERAL PROVISIONS ABOUT REGULATED POOLS
Division 1 - Obligations to give notice of regulated pools
- 246AP Building certifier’s obligation to give notice of regulated pool
- 246AQ Local government’s obligation to give notice of existing regulated pool
- 246AR Owner’s obligation to give notice of existing regulated pool
Division 2 - Register of regulated pools
- 246AS Regulated pools register
- 246AT Access to regulated pools register
Division 3 - Functions of private certifiers—regulated pools
- 246ATA Application of div 3
- 246ATB Private certifier to take enforcement action
Division 4 - Obligation to give information to particular regulated pool owners
- 246ATC Local government’s obligation to give information about particular regulated pools
Division 5 - Provisions about dealings involving regulated pools
Subdivision 1 - Preliminary
- 246ATD Definitions for div 5
- 246ATE When pool safety certificate taken to be in effect for div 5
Subdivision 2 - Offences and other requirements
- 246ATF Offence about sale of regulated premises
- 246ATG Offence about entering into accommodation agreement—regulated pool that is not a shared pool
- 246ATH Offences about displaying and giving copies of pool safety certificates for shared pools
- 246ATI Offence about entering into accommodation agreement—pool safety certificate not in effect for shared pool
- 246ATJ Requirement to obtain pool safety certificate for regulated pool that is not a shared pool
- 246ATK Requirement to obtain pool safety certificate for regulated pool that is a shared pool
- 246ATL Licensee not to ask for, or receive, reward in particular circumstances
Subdivision 3 - Miscellaneous
- 246ATM Prescribed notification requirements
PART 5 - GENERAL PROVISIONS ABOUT POOL SAFETY INSPECTORS
Division 1 - Regulation of the performance of pool safety inspection functions
- 246AU Person must not perform pool safety inspection functions without licence
- 246AV Person must not perform pool safety inspection functions without prescribed professional indemnity insurance
- 246AW Giving pool safety certificates and nonconformity notices
- 246AX Pool safety inspector’s duty to act in public interest in performing pool safety inspection function
- 246AY Pool safety inspector must not perform pool safety inspection function if there is a conflict of interest
Division 2 - Code of conduct for pool safety inspectors
- 246AZ Making code of conduct for pool safety inspectors
246B. (Repealed)
- 246BA When code of conduct for pool safety inspectors takes effect
- 246BB Tabling and inspection of amendment or replacement not part of or attached to regulation
- 246BC Access to code of conduct for pool safety inspectors
Division 3 - Miscellaneous provisions
- 246BD Effect of pool safety inspector not complying with Act if no penalty provided
- 246BE Pool safety inspector may carry out minor repairs in particular circumstances
- 246BF Pool safety inspector to have regard to particular guidelines
PART 6 - LICENSING OF POOL SAFETY INSPECTORS
Division 1 - Role
- 246BG Role of pool safety inspector
Division 2 - Applying for and obtaining licence
- 246BH Who may apply
- 246BI Requirements for application
- 246BJ Decision on licence application
- 246BK Steps after making decision
- 246BL Duration of licence
Division 3 - Renewal and restoration of licences
Subdivision 1 - Notice of expiry
- 246BM Notice of expiry of licence
Subdivision 2 - Renewals
- 246BN Applying for renewal
- 246BO Existing licence taken to be in force while application is being considered
- 246BP Decision on renewal application
- 246BQ Steps after making decision
Subdivision 3 - Restoration
- 246BR Applying for restoration
- 246BS Existing licence taken to be in force while application is being considered
- 246BT Decision on restoration application
- 246BU Steps after making decision
Division 4 - Cancellation and suspension of, and other changes to, licences
Subdivision 1 - QBCC commissioner’s powers
- 246BV Power to amend, cancel or suspend licence
- 246BW Notice of particular events to interstate licensing authorities and other entities
Subdivision 2 - Show cause notice procedure
- 246BX Show cause notice
- 246BY Submissions about show cause notice
- 246BZ Decision on proposed action
246C. (Repealed)
- 246CA Notice and taking effect of decision
Division 5 - General provisions about licences
- 246CB Register of pool safety inspectors
- 246CC Access to pool safety inspectors register
- 246CD Surrendering licence
- 246CE Obtaining replacement licence
- 246CF Obligation of pool safety inspector to give notice of change in particular circumstances
Division 6 - Miscellaneous provisions
- 246CG Criteria for deciding suitability of applicants and licensees
- 246CH QBCC commissioner may seek information from applicants about suitability and other matters
- 246CI Refund of particular licence fees accompanying applications
246CJ. (Repealed)
PART 7 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS RELATING TO POOL SAFETY INSPECTORS
Division 1 - Complaints
- 246CK Making a complaint against a pool safety inspector
- 246CL Pool safety inspector must be advised of complaint
- 246CM QBCC commissioner may recommend mediation to resolve complaint
- 246CN Mediation process
- 246CO Investigation of complaint
246CP. (Repealed)
246CQ. (Repealed)
246CR. (Repealed)
246CS. (Repealed)
246CT. (Repealed)
246CU. (Repealed)
246CV. (Repealed)
246CW. (Repealed)
246CX. (Repealed)
- 246CY Decision after investigation or audit completed
246CZ. (Repealed)
Division 3 - Disciplinary proceedings
246D. (Repealed)
- 246DA Tribunal may conduct disciplinary proceeding
- 246DB Constitution of tribunal for disciplinary proceeding
- 246DC Orders relating to current pool safety inspector
- 246DD Orders relating to former pool safety inspector
- 246DE Consequences of failure to comply with tribunal’s orders and directions
- 246DF Recording details of orders
PART 8 - APPROVAL OF TRAINING COURSES FOR POOL SAFETY INSPECTORS
- 246DG QBCC commissioner may approve course for pool safety inspectors
246DH. (Repealed)
246DI. (Repealed)
246DJ. (Repealed)
246DK. (Repealed)
246DL. (Repealed)
246DM. (Repealed)
246DN. (Repealed)
246DO. (Repealed)
246DP. (Repealed)
246DQ. (Repealed)
246DR. (Repealed)
246DS. (Repealed)
246DT. (Repealed)
246DU. (Repealed)
246DV. (Repealed)
246DW. (Repealed)
246DX. (Repealed)
246DY. (Repealed)
246DZ. (Repealed)
PART 9 - ROLE OF QBCC—POOL SAFETY
Division 1 - QBCC’s functions
- 246E Pool safety functions performed by QBC board
246EA. (Repealed)
246EB. (Repealed)
246EC. (Repealed)
246ED. (Repealed)
246EE. (Repealed)
246EF. (Repealed)
246EG. (Repealed)
246EH. (Repealed)
246EI. (Repealed)
246EJ. (Repealed)
246EK. (Repealed)
246EL. (Repealed)
246EM. (Repealed)
246EN. (Repealed)
246EO. (Repealed)
246EP. (Repealed)
246EQ. (Repealed)
246ER. (Repealed)
246ES. (Repealed)
246ET. (Repealed)
246EU. (Repealed)
246EV. (Repealed)
246EW. (Repealed)
246EX. (Repealed)
246EY. (Repealed)
246EZ. (Repealed)
- 246F Pool safety functions performed by QBCC commissioner
246FA. (Repealed)
246FB. (Repealed)
246FC. (Repealed)
246FD. (Repealed)
246FE. (Repealed)
246FF. (Repealed)
246FG. (Repealed)
246FH. (Repealed)
246FI. (Repealed)
246FJ. (Repealed)
246FK. (Repealed)
Division 2 - Pool Safety Fund
- 246G Fund established
- 246H Purpose of fund
- 246I Payment of amounts into fund
- 246J Payments from fund
Division 3 - (Repealed)
Division 4 - (Repealed)
Division 5 - (Repealed)
Division 6 - (Repealed)
CHAPTER 8A - PROVISIONS TO SUPPORT SUSTAINABLE HOUSING
PART 1 - (Repealed)
PART 2 - PROVISIONS TO SUPPORT SUSTAINABLE HOUSING
Division 1 - Preliminary
Division 2 - Limiting effect of prohibitions etc. for particular sustainable housing measures
- 246O Prohibitions or requirements that have limited or no force or effect
- 246P Restrictions that have no force or effect—roof colours and windows
- 246Q Restrictions that have limited or no force or effect—other restrictions
- 246R When consent for particular activities can not be withheld—roof colours and windows
- 246S When consent for particular activities can not be withheld—other matters
Division 3 - Miscellaneous provisions
- 246T Particular limitation on operation of pt 2
- 246U No compensation payable
CHAPTER 8B - TRANSPORT NOISE CORRIDORS
PART 1 - PRELIMINARY
PART 2 - DESIGNATION BY LOCAL GOVERNMENTS
- 246X Designation of transport noise corridor—local governments
- 246Y Notification about designation of transport noise corridor
PART 3 - DESIGNATION BY TRANSPORT CHIEF EXECUTIVE
- 246Z Designation of transport noise corridor—transport chief executive
- 246ZA Notification about designation of transport noise corridor
CHAPTER 9 - SHOW CAUSE AND ENFORCEMENT NOTICES
Note—
- 247 Show cause notices
- 248 Enforcement notices
- 249 Specific requirements of enforcement notices
- 250 Appeals against enforcement notices
- 251 Register of notices given
- 252 Action local government may take if enforcement notice not complied with
- 253 Removal of persons in buildings to be demolished
CHAPTER 10 - GENERAL PROVISIONS
- 254 Approved forms
- 255 Information to be given by the State
- 256 Prosecution of offences
- 257 Liability of executive officer—particular offences committed by corporation
- 257A Disclosure of particular information
- 258 Guidelines
- 259 Access to guidelines
- 260 Evidentiary aids
- 261 Regulation-making power
CHAPTER 11 - SAVINGS, TRANSITIONAL AND VALIDATION PROVISIONS
- 262 Swimming pool fencing compliance—hardship
PART 2 - TRANSITIONAL PROVISIONS FOR BUILDING AND INTEGRATED PLANNING AMENDMENT ACT 1998
- 263 References to Standard Building Law etc.
- 264 Existing referees
- 265 Existing registrar
- 266 Lawfully constructed buildings and structures protected
PART 3 - TRANSITIONAL PROVISIONS FOR BUILDING AMENDMENT ACT 2003
- 267 Definitions for pt 3
- 268 Existing exemption from fencing swimming pool
- 269 Undecided application for exemption from fencing swimming pool
- 270 When resuscitation sign for outdoor swimming pool not required
- 271 Revocation of decisions or previous variations
PART 4 - TRANSITIONAL PROVISIONS FOR PLUMBING AND DRAINAGE ACT 2002
- 272 Definitions for pt 4
- 273 Swimming pool fences for existing tourist resort complexes exempted
- 274 Unsatisfactory conduct and professional misconduct
- 275 Appeals to chief executive against accrediting body’s decision
- 276 Appeal to the court against chief executive’s decision
- 277 Orders relating to building certifiers
PART 5 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2006
- 278 Undecided building development applications
- 279 Exclusion of reminder notice requirement for existing building development approvals
- 280 Consequential amendments to the QDC
- 281 Consequential amendments to code of conduct
282. (Repealed)
- 283 Existing rainwater tank provisions in planning schemes
PART 6 - TRANSITIONAL PROVISION FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2008
- 284 Transitional provision for s 108A
PART 7 - TRANSITIONAL PROVISION FOR SUSTAINABLE PLANNING ACT 2009
- 285 Continuing application of chs 2, 3 and 4
PART 8 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2009
- 286 Continuing application of s 154
- 287 Continuing application of s 155
PART 9 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2010
- 288 Term of pool safety certificate in force before the commencement
- 289 Building certifiers taken to be licensed as pool safety inspectors for 1 year
PART 10 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2010
- 290 Definitions for pt 10
- 291 When s 232 applies to particular regulated pools
- 292 Term of pool safety certificate for particular regulated pools
- 293 Continuing application of particular provisions—requirements about fencing pool
- 294 Continuing application of particular provisions—resuscitation sign
- 295 Application of s 233
- 296 Continuing application of previous s 237
- 297 Application for exemption under previous s 240
- 298 Continuing effect of particular exemptions
- 299 Keeping copy of exemption
- 300 When s 246ATK applies to particular regulated pools
- 301 Definition for pt 11
- 302 Modified application of ch 8 provisions
- 303 Offence about entering into accommodation agreement
- 304 Additional role of relevant building surveying technician
- 305 Validation of relevant building surveying technician function
PART 12 - TRANSITIONAL PROVISION INSERTED UNDER SUSTAINABLE PLANNING (HOUSING AFFORDABILITY AND INFRASTRUCTURE CHARGES REFORM) AMENDMENT ACT 2011
- 306 Provision about offences under s 246AR
- 307 Validation of particular appointments to PSC
PART 14 - TRANSITIONAL PROVISION FOR TREASURY (COST OF LIVING) AND OTHER LEGISLATION AMENDMENT ACT 2012
- 308 Continuation of ss 246I, 246J and 246K in relation to particular sustainability declarations
- 309 Definitions for pt 14A
- 310 When approved training course under former Act taken to be approved training course under this Act
- 310A Fees may be refunded
PART 15 - TRANSITIONAL PROVISIONS FOR SUSTAINABLE PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2012
- 311 Definitions for pt 15
- 312 Existing accreditations
- 313 Existing building surveyors, assistant building surveyors and building surveying technicians
- 314 References in existing accreditation standards and professional development schemes
- 315 Existing applications for a licence
PART 16 - VALIDATION PROVISIONS FOR HOUSING AND OTHER LEGISLATION AMENDMENT ACT 2013
- 316 Definitions for pt 16
- 317 Retrospective validation of particular certificates of classification given during relevant period
- 318 Retrospective validation of particular applications for renewal of licences at level of building certifier–level 3
- 319 Retrospective validation of particular licences at level of building certifier–level 3 renewed during relevant period
- 320 Retrospective validation of building certifying functions performed during relevant period
- 321 Retrospective validation of particular applications for renewal of licences for pool safety inspectors
- 322 Retrospective validation of particular licences for pool safety inspectors renewed during particular period
- 323 Retrospective validation of pool safety inspection functions
PART 17 - TRANSITIONAL PROVISIONS FOR QUEENSLAND BUILDING SERVICES AUTHORITY AMENDMENT ACT 2013
PART 18 - TRANSITIONAL PROVISIONS FOR PROFESSIONAL ENGINEERS AND OTHER LEGISLATION AMENDMENT ACT 2014
Division 1 - Preliminary
Division 2 - Dissolution of former council and transfer of matters to QBCC
- 329 Dissolution
- 330 Transfer of former fund
- 331 Agreements, assets, liabilities and rights
- 332 Pending applications
- 333 Pending legal proceedings
- 334 Ministerial directions to former council
- 335 Records of former council
- 336 Continuing authorisation of investigators
- 337 Pending complaints and disciplinary matters under ch 8, pt 7
- 338 Other administrative matters relating to former council
Division 3 - Transfer of matters from chief executive to QBCC
- 339 Pending applications to chief executive
- 340 Other administrative matters relating to chief executive
Division 4 - Provisions about review of particular decisions
- 341 Pending reviews of relevant decisions
Division 5 - Other matters
- 342 References to former council
- 343 Effect on legal relationships
- 347 Definitions for part
- 348 Section 124A does not apply to building certifier engaged before commencement
- 349 Application of s 143B for owner of building
- 350 Application of s 185 to existing educational and experiential standards
- 351 Application of disqualified person provisions
- 352 Existing certificates of classification
- 353 (Expired)
- 354 Definitions for part
- 355 Existing appeals under former s 245S
- 356 Effect of particular relevant instruments made in affected period—former ss 246O and 246Q
- 357 Effect of particular relevant instruments made in affected period—former s 246S
Schedule 1 (Repealed)