Queensland Consolidated Acts

SUBCONTRACTORS' CHARGES ACT 1974 - SECT 3

In this Act--

approved form see section 25.1

charge means a charge under this Act.

contract price includes the money payable for the performance of work under a contract or subcontract, express or implied, whether or not the price is fixed by express agreement.

contractor as regards an employer, means a person who contracts directly with the employer to perform work and, as regards a subcontractor, means a person with whom the subcontractor contracts to perform work.

court means the court in which a proceeding may be taken pursuant to this Act and includes a judge of the Supreme Court, District Court judge or, as the case requires, a magistrate.

employer means a person who contracts with another person for the performance of work by that other person, or at whose request or on whose credit or behalf, with the person's privity and consent, work is done, and includes all persons claiming under the person whose rights are acquired after the work is commenced, and in relation to a subcontractor includes the contractor or other subcontractor with and under whom the person has contracted, but a mortgagee who advances money to an employer is not deemed to be an employer by reason thereof.

land includes land under water.

person includes an unincorporated association.

retention money means any part of the contract price retained during the progress or after the completion of the work the subject of a contract or subcontract as security for rectification of defects in the work during the period of maintenance provided for by the contract or subcontract or to be payable after such rectification or on the expiration of such period of maintenance.

security, for a contract or subcontract, means something--

(a) given to, or for the direct or indirect benefit of, the party to the contract or subcontract for whom the work the subject of the contract or subcontract is to be performed, by or for the party to the contract or subcontract who is to perform the work the subject of the contract or subcontract; and

(b) intended to secure, wholly or partly, the performance of the contract or subcontract; and

(c) in the form of either, or a combination of both, of the following--

(i) an amount of money, other than an amount held as retention money;

(ii) 1 or more valuable instruments, whether or not exchanged for, or held instead of, retention money.

structure, for a structure on land under water, includes a structure made up of component parts that include--

(a) component parts fixed to the land; and

(b) component parts that rise and fall with the rise and fall of the water, and that are otherwise confined in their location by component parts fixed to the land.

Example of a structure included under this definition--

A marina made up of fixed pylons, and pontoons that rise and fall with the water level that are otherwise confined in their location by the pylons.

subcontractor means a person who contracts with a contractor or with another subcontractor for the performance of work.

valuable instrument means any of the following--

(a) banker's undertaking;

(b) bond;

(c) inscribed stock;

(d) guarantee policy;

(e) interest bearing deposit;

(f) another instrument, to the extent it is convertible into an amount of money.

work includes work or labour, whether skilled or unskilled, done or commenced upon the land where the contract or subcontract is being performed by a person of any occupation in connection with--

(a) the construction, decoration, alteration or repair of a building or other structure upon land; or

(b) the development or working of a mine, quarry, sandpit, drain, embankment or other excavation in or upon land; or

(c) the placement, fixation or erection of materials, plant or machinery used or intended to be used for a purpose specified in paragraph (a) or (b); or

(d) the alteration or improvement of a chattel;

and includes also the supply of materials used or brought on premises to be used by a subcontractor in connection with other work the subject of a contract or subcontract but does not include--

(e) the mere delivery of goods sold by a vendor under a contract for the sale of goods, to at or upon land; or

(f) work or labour done or commenced by a person--

(i) under a contract of service; or

(ii) in connection with the testing of materials or the taking of measurements or quantities; or

(g) the supply under a contract of hire of materials, plant or machinery not intended to be incorporated in the work.