QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - As at 1 February 2024 - Act 98 of 1991
- As at 1 February 2024
- Act 98 of 1991
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
2. (Repealed)
- 3 Objects of Act
- 4 Definitions
- 4AA Who is an influential person for a company
- 4A Value of building work carried out in stages
- 4B Act binds all persons
- 4C Certain building contractors not bound
PART 2 - QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION
Division 1 - Establishment, functions and powers
- 5 Establishment and status
- 6 Constitution
- 7 Functions
- 8 Powers
- 9 Ministerial direction
9A. (Repealed)
Division 2 - Queensland Building and Construction Board
Subdivision 1 - Establishment and functions
- 10 Establishment
10A. (Repealed)
- 11 Functions
Subdivision 2 - Membership
- 12 Appointment
- 13 Disqualification as member
- 14 Conditions of appointment
- 15 Term of appointment
- 16 Chairperson
- 17 Deputy chairperson
- 18 Resignation
Subdivision 3 - (Repealed)
Subdivision 4 - Business
- 20 Conduct of business
- 20A Meetings
- 20B Committees
- 20C Disclosure of interests
Division 3 - Commissioner
- 20D Appointment
- 20E Disqualification as commissioner
- 20F Conditions of appointment
- 20G Term of appointment
- 20H Resignation
- 20I Appointment of acting commissioner
- 20J Role of the commissioner
- 20K Relationship between commissioner and board
- 20L Commissioner not to engage in other paid employment
- 20M Conflicts of interest
Division 4 - (Repealed)
Division 5 - The insurance manager
- 21 Appointment of insurance manager
- 22 Role of insurance manager
23. (Repealed)
24. (Repealed)
Division 6 - Financial provisions
- 25 General Statutory Fund
- 26 Insurance Fund
- 26A Management of statutory insurance scheme
- 27 Application of financial Acts
- 28 Commission’s obligation to report suspected offence
Division 7 - Other provisions
- 28A Commission must give particular information to health and safety regulator
- 28B Exchange of information between commission and relevant agencies
- 28C Notice of particular events to interstate or New Zealand licensing authorities
- 29 Commission may enter into work performance arrangements
PART 2A - QUEENSLAND BUILDING AND CONSTRUCTION EMPLOYING OFFICE
Division 1 - Establishment and functions of employing office
- 29A Establishment of employing office
- 29B Employing office represents the State
- 29C Functions of employing office
Division 2 - Executive officer
- 29D Appointment of executive officer
- 29E Executive officer acting for employing office
Division 3 - Staff of employing office
- 29F Employing office may employ staff
- 29G Employing office may enter into work performance arrangements
Division 4 - Other provisions
- 29H Employing office is statutory body
PART 3 - LICENSING
Division 1 - Classes of licences
- 30 Classes of contractors’ licences
- 30A Nominee supervisor’s licence
- 30B Site supervisor’s licence
- 30C Fire protection occupational licence
- 30CA Meaning of fire protection work
- 30D Mechanical services occupational licence
- 30E Regulation may prescribe continuation and renewal of particular class of licence
Division 2 - Entitlement to licence
- 31 Entitlement to contractor’s licence
- 31A No entitlement to contractor’s licence if particular partners
- 32 Entitlement to a nominee supervisor’s licence
- 32AA Entitlement to a site supervisor’s licence
- 32AB Entitlement to a fire protection occupational licence or a mechanical services occupational licence
32A. (Repealed)
Division 3 - Grant of licence
- 33 Application for licence
- 34 Grant of licence
Division 3A - Issue of PINs to licensees
Division 4 - Conditions of licence
- 35 Imposition of conditions etc. on grant of licence
- 36 Subsequent imposition of conditions etc.
- 36A Vary or revoke conditions
Division 5 - Renewal of licences
- 37 Period of renewal
- 37A Commission to advise licensee before licence due for renewal
- 37B Applications for renewal of licence
37C. (Repealed)
- 38 Suspension for non-payment of fee
- 38A Receipt of fee does not revive licence
Division 6 - Restoration of licences
- 39 Restoration of licence
40. (Repealed)
41. (Repealed)
Division 7 - Requirement to be licensed
- 42 Unlawful carrying out of building work
- 42A Temporary exemption from s 42 for up to 12 months for new classes of licence
- 42B Carrying out building work without a nominee
- 42C Unlawful carrying out of fire protection work
- 42CA Unlawful carrying out of mechanical services work
- 42D Licensed contractor must not engage or direct unauthorised person for fire protection work
- 42DA Licensed contractor must not engage or direct unauthorised person for mechanical services work
- 42E Avoidance of contractual obligations causing significant financial loss
- 43 Licensed contractor must ensure building work is personally supervised
- 43A Licensed contractor must ensure building work is adequately supervised
- 43B Construction manager must ensure building work is personally supervised
- 43C Construction manager must ensure building work is adequately supervised
Division 8 - Owner-builders
- 43D Definitions for div 8
- 43E When owner-builder permit is required
- 44 Application for owner-builder permit
- 44A Consideration of application for permit
- 44B Criteria for granting application for permit
- 44C When permit becomes effective
- 44D Term of permit
- 44E Conditions of permit
- 44F Form of permit
- 44G Cancellation or suspension of permit
- 44H Procedure for cancellation or suspension
- 44I Permit issued to more than 1 person
- 44J Surrender of permit
- 45 Replacement of permits
- 46 Notification of permit in register
- 47 Warnings
Division 9 - Cancellation, suspension or surrender of licence
- 48 Cancellation or suspension of licence
- 49 Procedure for cancellation or suspension
- 49A Immediate suspension of licence
- 49B Suspension or cancellation for failure to comply with tribunal’s orders and directions
- 50 Surrender of licence
Division 9A - Monitoring continued satisfaction of minimum financial requirements and particular laws
- 50A Approved audit program
50B. (Repealed)
- 50C Supply of financial records and other documents under approved audit program or for other reason
Division 9B - Qualified accountants
- 50CA Who is a qualified accountant
- 50CB Commission may give exclusion notice
- 50CC Grounds for giving exclusion notice
- 50CD Steps before giving exclusion notice
- 50CE Commission may give particular information to professional bodies
- 50CF Publication of relevant details
Division 10 - Miscellaneous
- 50D Person must not pretend to be a licensee
- 51 Improper use of licence card, certificate, number or PIN
- 51A Other offences relating to unlawful carrying out of building work
- 51B Licensed contractor must not contract with unlicensed person
- 52 Signs to be exhibited
- 53 Return of licence
- 53A Satisfying minimum financial requirements at renewal
- 53B False or misleading information about minimum financial requirements
- 53C Advertising by unlicensed person
- 54 Advertisements
- 54A Notification of particular safety matters
- 55 Notification of company’s nominee
- 56 Partnerships
- 56A Commission may request photographs for licence
PART 3A - EXCLUDED INDIVIDUALS AND EXCLUDED COMPANIES
Division 1 - Preliminary
56AA. (Repealed)
- 56AB Operation of pt 3A
- 56AC Excluded individuals and excluded companies
Division 2 - (Repealed)
Division 3 - Licence exclusion and cancellation
- 56AE Exclusion from licence
- 56AF Procedure if licensee is excluded individual
- 56AG Procedure if licensee is excluded company
- 56AH Review by tribunal of commission’s opinion
Division 4 - Publication of details of particular excluded individuals
- 56AI Publication of relevant details about excluded individuals who are not licensees
- 56AJ Show cause notice
- 56AK Decision by commission about whether to publish the individual’s relevant details
PART 3B - PERMANENTLY EXCLUDED INDIVIDUALS
Division 1 - Preliminary
- 57 Operation of pt 3B
- 58 Meaning of permanently excluded individual
Division 2 - Licence exclusion
- 59 Exclusion from licence
- 60 Permanently excluded individual not fit and proper
- 61 When individual no longer permanently excluded individual
Division 3 - Publication of details of particular permanently excluded individuals
- 61A Publication of relevant details of permanently excluded individuals who are not licensees
PART 3C - CONVICTED COMPANY OFFICERS
Division 1 - Preliminary
Division 2 - Licence exclusion and cancellation
- 63 Exclusion from licence
- 64 Procedure if commission considers individual a convicted company officer
- 65 Ending procedure without further action
- 66 Notice of cancellation and that not a fit and proper person to individual who is a licensee
- 67 Notice that not a fit and proper person to individual who is not a licensee
- 67AA Notice by commission to company for which a convicted company officer is a director, secretary, influential person or nominee
PART 3D - BANNED INDIVIDUALS
Division 1 - Preliminary
- 67AB Meaning of tier 1 defective work and carry out tier 1 defective work
- 67AC Banned individual
- 67AD Operation of pt 3D
Division 2 - Licence exclusion and cancellation
- 67AE Exclusion from licence
- 67AF Procedure if commission considers individual has carried out tier 1 defective work
- 67AG Ending procedure without further action
- 67AH Notice of cancellation and that not a fit and proper person to individual who is a licensee
- 67AI Notice that not a fit and proper person to individual who is not a licensee
- 67AJ Notice by commission to director, secretary, influential person or nominee about tier 1 defective work
- 67AK Ending procedure without further action
- 67AL Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee
- 67AM Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee
- 67AN Notice by commission to company for which a banned individual is a director, secretary, influential person or nominee
- 67AO Terms of bans
67AP. (Repealed)
PART 3E - DISQUALIFIED INDIVIDUALS
Division 1 - Preliminary
- 67AQ Definitions for pt 3E
- 67AR Meaning of demerit offence
- 67AS Meaning of judgment debt
- 67AT Meaning of unsatisfied judgment debt
- 67AU Disqualified individual
- 67AV Operation of pt 3E
Division 2 - Calculation of demerit points and notification of unsatisfied judgment debts
- 67AW Demerit points for demerit matters
- 67AX When demerit points allocated for demerit offences
- 67AY When demerit points allocated for unsatisfied judgment debts
- 67AZ Judgment debtor must notify unsatisfied judgment debt
- 67AZA Commission must notify person about demerit points
67AZAA. (Repealed)
- 67AZB Limit on demerit points from single audit
Division 3 - Licence exclusion and cancellation
- 67AZC Exclusion from licence
- 67AZD Procedure if commission considers individual has accumulated 30 demerit points
- 67AZE Ending procedure without further action
- 67AZF Notice of cancellation and that not a fit and proper person to individual who is a licensee
67AZG. (Repealed)
- 67AZH Notice by commission to director, secretary, influential person or nominee about demerit points
- 67AZI Ending procedure without further action
- 67AZJ Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee
- 67AZK Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee
- 67AZL Notice by commission to company for which a disqualified individual is a director, secretary, influential person or nominee
- 67AZM Terms of disqualifications
PART 4 - DOMESTIC BUILDING CONTRACTS
- 67AZN Domestic building contracts
PART 4A - BUILDING CONTRACTS OTHER THAN DOMESTIC BUILDING CONTRACTS
Division 1 - Preliminary
- 67A Definitions for pt 4A
- 67AAA Meaning of building contract
- 67B Meaning of construction management trade contract
- 67C Meaning of retention amount in pt 4A
- 67D Meaning of subcontract in pt 4A
- 67E Operation of pt 4A
Division 2 - All building contracts
- 67F Suggested forms of contract
- 67G Building contracts to be in writing
- 67GA Building contracts to include mandatory conditions
- 67GB Particular conditions void in building contracts
67H. (Repealed)
- 67I Directions given under building contracts
- 67J Set-offs under building contracts
- 67K Limits for retention amounts and securities for building contracts other than subcontracts
- 67L Limits for retention amounts and securities for subcontracts
- 67M Limits on deductions for retention amounts
- 67N Limits for retention amounts and securities for building contracts after practical completion
- 67NA Statutory defects liability period
- 67NB Failure to pay retention amount or other security
- 67NC Notice about end of defects liability period
- 67O Suspension of works
- 67P Late progress payments
67Q. (Repealed)
Division 3 - Construction management trade contracts and subcontracts
- 67R Application of div 3
- 67S Lodgement of security instead of retention amount or security in money form
- 67T Lodgement of security to replace retention amount or security in money form
- 67U Void payment provision in construction management trade contract or subcontract
Division 4 - Warning for construction management trade contracts
- 67V Offence of not warning that contract is construction management trade contract
Division 5 - Commercial building contracts
- 67W Void payment provision in commercial building contract
PART 5 - THE STATUTORY INSURANCE SCHEME
Division 1 - Preliminary
- 67WA Definitions for pt 5
- 67WB Work not covered under the statutory insurance scheme
- 67WC Meaning of primary insurable work
- 67WD Meaning of associated insurable work
- 67WE Meaning of residence
- 67WF Meaning of related roofed building
Division 2 - Statutory insurance scheme
- 67X Statutory insurance scheme
Division 3 - Assistance
- 67Y Assistance available under statutory insurance scheme
- 67Z Optional additional cover
- 68 Persons not entitled to assistance under statutory insurance scheme
Division 4 - Insurance premiums
- 68A Licensed contractor pays insurance premium on behalf of consumer
- 68B When insurance premium is payable by licensed contractor
- 68C When insurance premium is payable by construction manager
- 68D Setting of insurance premiums
- 68E Obligation of assessment manager in relation to insurance premium
Division 5 - Notice and commencement of cover
- 68F Notice of cover
- 68G Refund of insurance premium if notice of cover is revoked
- 68H Cover of residential construction work
- 68I Commencement of cover
Division 6 - Cancellation of cover
- 69 Cancellation of cover and return of premium
69A. (Repealed)
Division 7 - Variations
- 70 Residential construction work carried out under a contract with a consumer
- 70A Speculative residential construction work
- 70B Optional additional cover
- 70C Partial refunds of insurance premiums
Division 8 - Recovery from licensed contractor
- 71 Recovery from licensed contractor etc.
71AA. (Repealed)
71AB. (Repealed)
71AC. (Repealed)
Division 9 - Rectification work
- 71A Tenders for rectification work
Division 10 - Other
- 71B Statutory insurance scheme not to affect licensing decisions
- 71C Notice of entitlement to assistance under the statutory insurance scheme
- 71D Multiple contracts for the same residential construction work
- 71E Protection of expressions associated with statutory insurance scheme
- 71F When work is taken to have started
PART 6 - RECTIFICATION OF BUILDING WORK AND REMEDIATION OF CONSEQUENTIAL DAMAGE
Division 1 - Preliminary
71G. (Repealed)
- 71H What is consequential damage
- 71I Who is taken to carry out building work for this part
Division 2 - Direction to rectify or remedy
- 71J Requests for rectification of building work or remediation of consequential damage
- 72 Power to require rectification of building work and remediation of consequential damage
- 72A Powers and limitations of directions to rectify or remedy
- 72B Extending time to rectify or remedy
Division 3 - Offences and defences
- 72C Delaying or obstructing compliance with direction to rectify or remedy
- 73 Offence to fail to comply with direction to rectify or remedy
- 74 Defences for failure to comply with direction to rectify or remedy
PART 6AA - BUILDING PRODUCTS
Division 1 - Preliminary
- 74AA Definitions for part
- 74AB What is a building product and a non-conforming building product
- 74ABA Extraterritorial application of part
Division 2 - Duties relating to building products
Subdivision 1 - General provisions about duties
- 74AC Relationship with safety laws
- 74AD Principles applying to duties
- 74ADA Code of practice about discharging duties
- 74ADB Use of code of practice in proceedings
Subdivision 2 - Duties
- 74AE Who is a person in the chain of responsibility for a building product
- 74AF Primary duty of person in the chain of responsibility
- 74AG Additional duty relating to accompanying information
- 74AH Additional duties relating to recalls
- 74AI Duty of executive officer of company
Subdivision 3 - Offences relating to duties
- 74AJ Failing to comply with duty
- 74AK Duty about representations about building products
- 74AL Duty to notify non-conforming building product
- 74AM Duty to notify notifiable incident
- 74AN Commission may require remedial action
Division 3 - Enforceable undertakings relating to building products
- 74AO Commission may accept building product undertaking
- 74AP Notice of decision and reasons for decision
- 74AQ When building product undertaking is enforceable
- 74AR Compliance with building product undertaking
- 74AS Contravention of building product undertaking
- 74AT Withdrawal or variation of building product undertaking
- 74AU Proceeding for contravention
Division 4 - Ministerial recall orders
- 74AV Application of division
- 74AW Minister may make recall order
- 74AX Notice required before making recall order
- 74AY Service of recall order
- 74AZ Nature of recall order
- 74AZA Suppliers, installers and particular architects and engineers
Division 5 - Warning statements
- 74AZB Application of division
- 74AZC Minister may publish warning statement
- 74AZD Notice required before publishing warning statement
PART 6A - DISCIPLINARY PROCEEDINGS
- 74A Commission may investigate grounds for taking disciplinary action
- 74B Proper grounds for taking disciplinary action against a licensee and former licensees
- 74C Proper grounds for taking disciplinary action against person not a licensee
- 74D Types of disciplinary action that may be taken
- 74E Notice of proposed disciplinary action
- 74F Taking disciplinary action
- 74G When disciplinary action takes effect
- 74H Filing of certificate as judgment debt
PART 7 - JURISDICTION OF TRIBUNAL
Division 1 - Meaning of central terms
- 75 Tribunal work defined
- 76 What is not tribunal work
Division 2 - Building disputes
- 77 Tribunal may decide building dispute
- 78 When major commercial building dispute may be heard by tribunal
- 79 Procedure to decide whether all parties consent
- 80 Procedure if another party discovered
- 81 Consent may not be withdrawn
- 82 Tribunal may make interim order
- 83 Proceeding in tribunal does not affect action by commission
84. (Repealed)
- 85 Tribunal may hear dispute while contract still in operation
Division 3 - Proceedings for review
Subdivision 1 - Internal review
- 85A Definitions for sdiv 1
- 86 Reviewable decisions
- 86A Who may apply for internal review
- 86B Requirements for making application
- 86C Internal review decision
- 86D Notice of internal review decision
Subdivision 2 - External review
- 86E Definition for sdiv 2
- 86F Decisions that are not reviewable decisions
- 87 Application for review
- 87A No stay by QCAT of particular decisions
- 87AA Decision of tribunal on review of particular reviewable decisions
Division 4 - (Repealed)
Division 5 - Public examinations
- 92 Tribunal may conduct public examination
- 92A Procedure before public examination starts
Division 6 - Decisions about debts arising from statutory insurance scheme
- 93 Decisions about debts arising from statutory insurance scheme
Division 7 - Tribunal proceedings
- 93A Representation of parties
- 94 Transfer of proceedings between tribunal and the courts
- 95 Expedited hearing of domestic building disputes or reviews
- 96 Certain minor commercial building disputes may be expedited
Division 8 - Other powers of the tribunal
- 97 Entry and inspection of property by member of tribunal
- 97A Procedure before entry
97B. (Repealed)
- 97C Suspension orders
PART 8 - REGISTERS
- 98 Definitions for pt 8
- 99 Licensee register
99A. (Repealed)
- 100 When information may be included in the licensee register
- 101 Licensees must advise change of circumstances
- 102 When notes must be removed from the licensee register
102A. (Repealed)
- 103 Register of holders of owner-builder permits
- 103A When particulars must be removed from owner-builder register
- 103B Developer register
- 103C When notes must be removed from developer register
- 103D Inspection of registers
- 103E Publication of registers
- 103F Certificates
PART 9 - INVESTIGATORS
Division 1 - Preliminary
- 103G Definitions for part
- 103H References to exercise of powers
- 103I Reference to document includes reference to reproductions from electronic document
Division 2 - Appointment of investigators
Subdivision 1 - Appointment
- 104 Investigators
- 104A Functions of investigators
- 104B Appointment and qualifications
- 104C Appointment conditions and limit on powers
- 104D When office ends
- 104E Resignation
Subdivision 2 - Identity cards
- 104F Issue of identity card
- 104G Production or display of identity card
- 104H Return of identity card
Division 3 - Entry of places by investigators
Subdivision 1 - Power to enter
- 105 General power to enter places
Subdivision 2 - Entry by consent
- 105A Application of subdivision
- 105B Incidental entry to ask for access
- 105C Matters investigator must tell occupier
- 105D Consent acknowledgement
Subdivision 3 - Entry under warrant
- 105E Application for warrant
- 105F Issue of warrant
- 105G Electronic application
- 105H Additional procedure if electronic application
- 105I Defect in relation to a warrant
- 105J Entry procedure
Division 4 - General powers of investigators after entering places
- 105K Application of division
- 105L General powers
- 105M Power to require reasonable help
- 105N Offence to contravene help requirement
Division 5 - Other information-obtaining powers of investigators
- 105O Power to require name and address
- 105P Offence to contravene personal details requirement
- 105Q Power to require production of document
- 105R Offence to contravene document production requirement
- 105S Offence to contravene document certification requirement
- 105T Power to require information or attendance
- 105U Offence to contravene information or attendance requirement
Division 6 - Seizure by investigators and forfeiture
Subdivision 1 - Power to seize
- 106 Seizing evidence at a place that may be entered without consent or warrant
- 106A Seizing evidence at a place that may be entered only with consent or warrant
- 106B Power to seize non-conforming building products
- 106C Power to seize dangerous places, structures and things
- 106D Seizure of property subject to security
Subdivision 2 - Powers to support seizure
- 106E Power to secure seized thing
- 106F Offence to contravene seizure requirement
- 106G Offence to interfere
Subdivision 3 - Safeguards for seized things
- 106H Receipt and information notice for seized things
- 106I Access to seized things
- 106J Return of seized things
Subdivision 4 - Forfeiture
- 106K Forfeiture by commissioner decision
- 106L Information notice about forfeiture decision
Subdivision 5 - Dealing with property forfeited or transferred to State
- 106M When place, structure or thing becomes property of the State
- 106N How property may be dealt with
Division 7 - Additional powers for building products
- 106O Power to have building products or samples examined
- 106P Direction about use of non-conforming building product associated with a building or other structure
- 106Q Direction about action at place where non-conforming building product is present
- 106R Power to take remedial action
Division 7A - Damage and compensation
Subdivision 1 - Damage
- 106S Duty to avoid inconvenience and minimise damage
- 106T Notice of damage
Subdivision 2 - Compensation
- 106U Compensation
Division 8 - Other provisions
- 106V Information to complainant on completion of investigation
- 107 Evidential immunity for individuals complying with particular requirements
- 107A Obstructing investigators
- 107B Impersonating investigator
- 108 Obligation of assessment manager
PART 9A - TRANSFER OF PARTICULAR ASSETS, LIABILITIES AND EMPLOYEES
- 108AA Relevant entity
- 108AB Transfer of assets, liabilities etc. to relevant entity
- 108AC Rights of transferred employees etc.
PART 9B - INJUNCTIONS AND STOP WORK NOTICES
Division 1 - Injunctions
- 108AD Grounds for injunction
- 108AE Commissioner may apply for injunction
- 108AF When injunction may be granted
- 108AG Court’s powers for injunctions
- 108AH Terms of injunction
Division 2 - Stop work notices
- 108AI Commissioner may issue stop work notice
PART 10 - MISCELLANEOUS
- 108A Documents that must be kept for 7 years
- 108B False or misleading statement
- 108C False or misleading document
- 108D Contracting out prohibited
- 109 Access to building sites
- 109A Service of documents
- 109B Licensees must give commission notice of particular matters about interstate or New Zealand licences
- 110 Confidentiality of information
- 111 Prosecutions for offences
- 111AAA Enforcement action to comply with prescribed guidelines
- 111A Responsibility for acts or omissions of representatives
- 111B Liability of executive officer—particular offences committed by company
- 111C Liability of directors for amounts
- 112 Appropriation of penalty
- 113 Double jeopardy
- 114 Protection
- 115 Commission may provide services to a professional board
- 115A Delegations
- 115B Commissioner’s policy
- 115C Approved forms
- 115D Review of role of developers
- 116 Regulations