Queensland Consolidated Acts

QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Objects of Act
   4.      Definitions
   4A.     Value of building work carried out in stages
   4B.     Act binds all persons
   4C.     Certain building contractors not bound

           Part 2--The Queensland Building Services Authority

           Division 1--Establishment of authority

   5.      Establishment of authority
   6.      Constitution of authority

           Division 2--Ministerial direction

   7.      Ministerial direction

           Division 3--Queensland Building Services Board

   8.      Establishment of board
   9.      Role of board
   9A.     Board's policies
   10.     Composition of board
   10A.    Appointment of members
   11.     Times and places of meetings
   12.     Proceedings at meetings
   13.     Minutes
   14.     Committees
   15.     Fees and allowances

           Division 4--The general manager

   16.     The office of general manager
   17.     Appointment of the general manager
   18.     Role of the general manager
   19.     Relationship between general manager and board
   20.     Delegation

           Division 5--The insurance manager

   21.     Appointment of insurance manager
   22.     Role of insurance manager

           Division 6--Financial provisions

   25.     General Statutory Fund
   26.     Insurance Fund
   26A.    Management of statutory insurance scheme
   27.     Authority is statutory body
   28.     Authority's obligation to report suspected offence

           Division 7--Other provisions

   29.     Authority may enter into work performance arrangements

           Part 2A--Queensland Building Services 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

           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
   32A.    Exception for s 30(4) licences

           Division 3--Grant of licence

   33.     Application for licence
   34.     Grant of licence

           Division 3A--Issue of PINs to licensees

   34A.    PINs

           Division 4--Conditions of licence

   35.     Imposition of conditions etc. on grant of licence
   36.     Subsequent imposition of conditions etc.

           Division 5--Renewal of licences

   37.     When licences to be renewed
   37A.    Authority to advise licensee before licence due for renewal
   37B.    Applications for renewal of licence
   37C.    Renewal fee increased if directions given
   38.     Suspension for non-payment of fee
   38A.    Receipt of fee does not revive licence

           Division 7--Requirement to be licensed

   42.     Unlawful carrying out of building work
   42A.    Exemption from s 42 for up to 6 months
   42B.    Carrying out building work without a nominee
   42C.    Unlawful carrying out of fire protection work
   42D.    Licensed contractor must not engage or direct unauthorised person for fire protection work
   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 on certificate of title
   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 financial requirements and compliance with part 4A and the Domestic Building Contracts Act 2000

   50A.    Approved audit program
   50B.    Notice of proposed audit program
   50C.    Supply of financial records and other documents under approved audit program or for other reason

           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 financial requirements at renewal
   53B.    False or misleading documents about financial requirements
   53C.    Advertising by unlicensed person
   54.     Advertisements
   55.     Notification of company's nominee
   56.     Partnerships 56A. Authority may request photographs for licence

           Part 3A--Excluded and permitted individuals and excluded companies

           Division 1--Preliminary

   56AB.   Operation of pt 3A
   56AC.   Excluded individuals and excluded companies

           Division 2--Categorisation as permitted individual

   56AD.   Becoming a permitted individual

           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 authority's opinion

           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

           Part 3C--Convicted company officers

           Division 1--Preliminary

   62.     Operation of pt 3C

           Division 2--Licence exclusion and cancellation

   63.     Exclusion from licence
   64.     Procedure if authority 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 authority 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 authority 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 authority 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 authority to company for which a banned individual is a director, secretary, influential person or nominee
   67AO.   Terms of bans
   67AP.   Relationship of this part with pt 7, div 4

           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.  Authority must notify person about demerit points
   67AZB.  Limit on demerit points from single audit or investigation

           Division 3--Licence exclusion and cancellation

   67AZC.  Exclusion from licence
   67AZD.  Procedure if authority 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.  Notice that not a fit and proper person to individual who is not a licensee
   67AZH.  Notice by authority 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 authority to company for which a disqualified individual is a director, secretary, influential person or nominee
   67AZM.  Terms of disqualifications

           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
   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
   67O.    Suspension of works
   67P.    Late progress payments

           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

   67X.    Statutory insurance scheme may be called Queensland Home Warranty Scheme
   67Y.    Protection of expressions associated with statutory insurance scheme
   68.     Payment of insurance premium for residential construction work
   68A.    Multiple contracts for the same residential construction work
   68B.    When insurance premium is payable by licensed contractor
   68C.    When insurance premium is payable by construction manager
   68D.    Setting of insurance premiums for residential construction work
   69.     Insurance of residential construction work
   69A.    Commencement of insurance cover
   70.     Insurance claims
   70A.    Persons not entitled to indemnity under insurance scheme
   71.     Recovery from building contractor etc.
   71AA.   Cancellation of policy of insurance

           Part 6--Rectification of building work

   71A.    Dispute resolution before rectification of building work ordered
   72.     Power to require rectification of building work
   73.     Panels of licensed contractors for rectification work
   74.     Tenders for rectification work

           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 stops action by authority
   84.     Tribunal to decide about rectification or completion work
   85.     Tribunal may hear dispute while contract still in operation

           Division 3--Proceedings for review

   86.     Reviewable decisions
   87.     Application for review

           Division 4--Disciplinary proceedings

   88.     Tribunal has jurisdiction to conduct disciplinary proceeding
   89.     Proper grounds for disciplinary action against a licensee
   90.     Proper grounds for disciplinary action against person not a licensee
   91.     Orders for disciplinary action

           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
   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.    Stop orders
   97C.    Suspension orders

           Part 8--Registers

   98.     Definitions for pt 8
   99.     Licensee register
   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
   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--Inspectors

   104.    Appointment of inspectors
   105.    Inspector to produce identity card and provide information
   106.    Inspector's power to require name and address
   106A.   Power to require production of documents
   106B.   Failure to produce document
   106C.   Failure to certify copy of document
   107.    Power to enter and inspect building site
   107A.   Obstructing inspectors
   108.    Obligation of assessment manager

           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
   111.    Prosecutions for offences
   111A.   Responsibility for acts or omissions of representatives
   111B.   Executive officers must ensure company complies with Act
   111C.   Liability of directors for amounts
   112.    Appropriation of penalty
   113.    Double jeopardy
   114.    Protection
   115.    Authority may provide services to a professional board
   116.    Regulations
           SCHEDULE 1 -- TRANSITIONAL AND VALIDATING PROVISIONS
           Part 1 Transitional provisions for Act N
           o
           . 98 of 1991 and amending Acts up to and including Act N
           o
           . 70 of 1997
   1A.     Definitions
   2.      Transitional provisions
   4.      References to repealed Acts
   5.      References to registrar/general manager and Home Building Advisory Service
           Part 2 Validating provisions for Act N
           o
           . 70 of 1997
   8.      Definitions
   9.      Validation of affected licences
   10.     Period of effect of transitional licences—compliance period ended
   11.     Period of effect of transitional licences—compliance period current
   12.     Condition of transitional licences

           Part 3--Transitional provisions for Queensland Building Services Authority Amendment Act 1999

   13.     Existing board goes out of office

           Part 4--Transitional provisions for GST and Related Matters Act 2000

   14.     Residential construction work for s 71
   15.     Building work for s 72
   16.     Delayed operation of definition building work, para (g)

           Part 5--Validating and transitional provisions for Queensland Building Services Authority and Other Legislation Amendment Act 2003

           Division 1--Interpretation

   17.     Definition for pt 5

           Division 2--Provision about financial requirements

   18.     Validation of provisions about financial requirements

           Division 3--Terms of insurance policies

   19.     Validation of provision about terms of insurance policy
   20.     Existing policies apply for amended s 69(2)

           Division 4--Licence classes and qualifications and experience

   21.     Validation of sch 2, pt 25 of the regulation etc.
   22.     Transitional provision for licences valid

           Division 5--Non-trading licences

   23.     Definition for div 5
   24.     Non-trading licence taken to be valid

           Division 6--Courses of instruction for owner-builders

   25.     Validation of provision about courses of instruction for owner-builders

           Division 7--Board's policies

   26.     Certain board's policies continue in force

           Part 6--Transitional provisions for the Building and Construction Industry Payments Act 2004

   27.     Definitions for pt 6
   28.     Application of former provisions to existing building contracts

           Part 7--Transitional provisions for Statutory Bodies Legislation Amendment Act 2007

   29.     Rights and entitlements of particular employees
   30.     Application of industrial instruments

           Part 8--Transitional provisions for Queensland Building Services Authority and Other Legislation Amendment Act 2007

   31.     Transitional provisions for existing supervisors' licences
   32.     Transitional qualifications for site supervisors' licences
   33.     Transitional provision for fire protection occupational licences
   34.     Transitional provision for certain fire protection work
   35.     Transitional provision for photograph on licence
   36.     Transitional provision for continuation of register of licensees
           SCHEDULE 2 -- DICTIONARY
           Endnotes