Queensland Consolidated Acts Queensland Consolidated Acts(1) A person must not carry out, or undertake to carry out, building work unless that person holds a contractor's licence of the appropriate class under this Act.
(3) Subject to subsection (4), a person who carries out building work in contravention of this section is not entitled to any monetary or other consideration for doing so.
(4) A person is not stopped under subsection (3) from claiming reasonable remuneration for carrying out building work, but only if the amount claimed--
(a) is not more than the amount paid by the person in supplying materials and labour for carrying out the building work; and
(b) does not include allowance for any of the following--
(i) the supply of the person's own labour;
(ii) the making of a profit by the person for carrying out the building work;
(iii) costs incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred; and
(c) is not more than any amount agreed to, or purportedly agreed to, as the price for carrying out the building work; and
(d) does not include any amount paid by the person that may fairly be characterised as being, in substance, an amount paid for the person's own direct or indirect benefit.
(5) An unlicensed person who carries out, in the course of employment, building work for which that person's employer holds a licence of the appropriate class under this Act does not contravene this section.
Note for subsection (5)--
An individual must not personally carry out fire protection work unless the individual is authorised to carry out the work under this or another Act--see section 42C.
(5A) An unlicensed person who, as a subcontractor, carries out, or undertakes to carry out, building work for a licensed trade contractor, does not contravene this section if the work is within the scope of the building work allowed by the class of licence held by the contractor.
Note for subsection (5A)--
An individual must not personally carry out fire protection work unless the individual is authorised to carry out the work under this or another Act--see section 42C.
(6) An unlicensed person who holds an owner-builder permit does not contravene this section by carrying out building work permitted by the permit.
(7) An unlicensed person who carries out, or undertakes to carry out, building work in partnership with a person who is licensed to carry out building work of the relevant class does not contravene this section.
Note for subsection (7)--
An individual must not personally carry out fire protection work unless the individual is authorised to carry out the work under this or another Act--see section 42C.
Also, section 56 states that a licensed contractor may carry on business under the contractor's licence in partnership with an unlicensed person subject to the conditions stated in the section.
(8) An unlicensed person who carries out, or undertakes to carry out, design work does not contravene this section if--
(a) the person carries on business as a landscape architect; and
(b) the person carries out the design work, or undertakes to carry it out, as part of the person's work as a landscape architect; and
(c) the design work is of a type ordinarily carried out as an appropriate or necessary component of a landscape architect's work.
(8A) A consumer who engages 1 or more licensed contractors to carry out building work for the consumer does not contravene this section if the consumer does not provide building work services for the work.
Examples of a consumer who does not provide building work services--
a consumer who engages a licensed builder to build, and carry out all building work services for, a new residence
a consumer who, as a principal, enters into construction management trade contracts for building work and engages a construction manager for building work services for the work
(8B) A person who holds any of the following licences does not contravene this section only by doing something permitted under the licence--
(a) a nominee supervisor's licence;
(b) a site supervisor's licence;
(c) a fire protection occupational licence.
(9) A person who contravenes this section commits an offence.
Maximum penalty--250 penalty units.
(10) Subsection (4) applies to building work carried out on or after 1 July 1992, unless the entitlement to payment for the carrying out of the building work was--
(a) before the commencement of this section, decided by--
(i) a court; or
(ii) the tribunal; or
(iii) an arbitrator or another entity authorised to make a binding decision about the entitlement; or
(b) before 2 March 1999, the subject of--
(i) a claim or counter claim filed in a court; or
(ii) an application made to the tribunal; or
(iii) a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or
(c) provided for as a term of a binding agreement entered into before the commencement of this subsection, but only if the binding agreement--
(i) is between--
(A) 1 or more consumers and 1 or more building contractors; or
(B) 1 or more building contractors and 1 or more other building contractors; and
(ii) was entered into to resolve a dispute between some or all of the parties to the binding agreement; and
(iii) is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied.
(11) In subsection (10)--
tribunal means the Queensland Building Tribunal under this Act before the commencement of this subsection.
(12) In this section--
licensed trade contractor means a licensed contractor other than the following--
(a) a licensed builder;
(b) a licensed contractor who holds a contractor's licence authorising the licensee to carry out completed building inspections.