BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) AND OTHER LEGISLATION AMENDMENT ACT 2020 - As at 23 July 2020 - Act 24 of 2020
Table of Provisions
PART 1 - PRELIMINARY
1 Short title
2 Commencement
3 Act amended
4 Amendment of s 11 (Fitness to practise as an architect)
5 Amendment of s 28 (Grounds for cancellation)
6 Amendment of s 29 (Procedure for cancellation)
7 Amendment of s 29A (Immediate suspension of registration)
8 Insertion of new s 31A
9 Insertion of s 32AA
10 Replacement of s 32A (Notification of disciplinary action by other bodies)
11 Insertion of new pt 2B
12 Amendment of s 36 (Grounds for disciplining an architect)
13 Amendment of s 50 (Issue of identity card)
14 Amendment of s 51 (Production or display of identity card)
15 Replacement of s 55 (Power to require information or attendance)
16 Amendment of s 56 (Offences)
17 Insertion of new pt 3, divs 7A to 7C
18 Amendment of s 73 (Board’s decision on investigation about architects)
19 Amendment of s 75 (Board’s decision about other investigations)
20 Amendment of s 80 (Functions of board)
21 Replacement of s 90 (Report about person’s criminal history)
22 Amendment of s 102 (Keeping register)
23 Insertion of new s 107A
24 Amendment of s 115 (Claims about provision of architectural services)
25 Amendment of s 116 (Providing information about architects)
26 Amendment of s 117 (Information on correspondence about architectural services)
27 Amendment of s 121 (Review of particular decisions)
28 Replacement of s 138 (Summary proceedings for offences)
29 Insertion of new s 141B
30 Insertion of new pt 11, div 4
31 Amendment of sch 2 (Dictionary)
32 Act amended
33 Replacement of s 12 (What is the Building Code of Australia (or BCA))
34 Replacement of s 13 (What is the Queensland Development Code (or QDC))
35 Amendment of s 21 (Building work that is accepted development for the Planning Act)
36 Amendment of s 33 (Alternative provisions to QDC boundary clearance and site cover provisions for particular buildings)
37 Amendment of s 37 (Provision for changes to building assessment provisions)
38 Amendment of s 49 (Functions of private certifier (class B))
39 Amendment of s 50 (Restrictions on building certifying functions that a private certifier (class B) can perform)
40 Amendment of s 61 (Alterations to safe existing work may be approved on basis of earlier building assessment provisions)
41 Insertion of new s 124A
42 Amendment of s 127 (Building certifier’s duty to act in public interest in performing building certifying function)
43 Amendment of s 136 (Offence for private certifier not to act in public interest in performing private certifying function)
44 Replacement of s 143 (Notice of engagement to local government)
45 Amendment of s 150 (Obligation to keep inspection documentation)
46 Amendment of s 155 (Who may apply)
47 Amendment of s 156 (Requirements for licence application)
48 Amendment of s 167 (Applying for renewal)
49 Amendment of s 171 (Power to amend, cancel or suspend licence)
50 Amendment of s 172 (Power to change licence level)
51 Amendment of s 179 (Register of building certifiers)
52 Replacement of s 184 (Accreditation standards bodies)
53 Amendment of s 185 (Function of accreditation standards body)
54 Amendment of s 186 (Criteria for deciding suitability of applicants and licensees)
55 Amendment of s 190 (Making a complaint against a building certifier)
56 Insertion of new ch 6, pt 5
57 Insertion of new ch 11, pt 21
58 Omission of sch 1 (The QDC on 14 June 2011)
59 Amendment of sch 2 (Dictionary)
60 Act amended
61 Amendment of s 2 (Commencement)
62 Amendment of s 3 (The main purpose of Act)
63 Replacement of ch 2 (Project bank accounts)
64 Amendment of s 64 (Definitions for chapter)
65 Amendment of s 75 (Making payment claim)
66 Amendment of s 76 (Responding to payment claim)
67 Amendment of s 85 (Time for deciding adjudication application)
68 Amendment of s 86 (Extending time for deciding adjudication application)
69 Amendment of s 88 (Adjudicator’s decision)
70 Replacement of s 90 (Respondent required to pay adjudicated amount)
71 Amendment of s 95 (Adjudicator’s fees)
72 Amendment of s 97 (Withdrawing from adjudication)
73 Insertion of new ch 3, pt 4A
74 Amendment of s 99 (Notice required before starting particular proceedings)
75 Insertion of new ch 3, pt 6A
76 Amendment of s 117 (No subcontractor’s charge over money held in trust under a project bank account)
77 Amendment of s 149 (Registry)
78 Insertion of new ch 5, pt 3
79 Insertion of new s 198A
80 Insertion of new ss 200C–200E
81 Amendment of s 201 (Regulation-making power)
82 Insertion of new ch 8A
83 Replacement of ch 9, pt 1, divs 2 and 3
84 Amendment of sch 2 (Dictionary)
85 Act amended
86 Amendment of s 11 (Fitness to practise as a registered professional engineer)
87 Amendment of s 27A (Imposition of certain conditions on registration)
88 Amendment of s 28 (Grounds for cancellation)
89 Amendment of s 29 (Procedure for cancellation)
90 Amendment of s 29A (Immediate suspension of registration)
91 Insertion of new s 31A
92 Insertion of s 32AA
93 Replacement of s 32A (Notification of disciplinary action by other bodies)
94 Insertion of new pt 2B
95 Amendment of s 50 (Issue of identity card)
96 Amendment of s 51 (Production or display of identity card)
97 Replacement of s 55 (Power to require information or attendance)
98 Amendment of s 56 (Offences)
99 Insertion of new pt 3, divs 7A to 7C
100 Amendment of s 73 (Board’s decision on investigation about registered professional engineer)
101 Amendment of s 80 (Functions of board)
102 Replacement of s 90 (Report about person’s criminal history)
103 Amendment of s 102 (Keeping register)
104 Amendment of s 122 (Review of particular decisions)
105 Replacement of s 139 (Summary proceedings for offences)
106 Insertion of new s 142B
107 Amendment of sch 2 (Dictionary)
Division 1 - Preliminary
Division 2 - Miscellaneous licensing amendments
109 Insertion of new s 28C
110 Amendment of s 30 (Classes of contractors’ licences)
110A . Insertion of new s 30CA
111 Insertion of new s 30E
112 Amendment of s 31 (Entitlement to contractor’s licence)
113 Amendment of s 32 (Entitlement to a nominee supervisor’s licence)
114 Amendment of s 32AA (Entitlement to a site supervisor’s licence)
115 Omission of s 32A (Exception for s 30(4) licences)
115A . Amendment of s 35 (Imposition of conditions etc. on grant of licence)
115B . Amendment of s 36 (Subsequent imposition of conditions etc.)
115C . Insertion of new s 36A
115D . Amendment of s 42A (Exemption from s 42 for up to 6 months)
115E . Amendment of s 42C (Unlawful carrying out of fire protection work)
115F . Amendment of s 42CA (Unlawful carrying out of mechanical services work)
116 Amendment of s 48 (Cancellation or suspension of licence)
117 Insertion of new pt 3, div 9B
118 Amendment of s 53A (Satisfying minimum financial requirements at renewal)
120 Amendment of s 56AG (Procedure if licensee is excluded company)
120A . Amendment of s 67AB (Meaning of tier 1 defective work and carry out tier 1 defective work)
121 Amendment and renumbering of s 72AA (Delaying or obstructing compliance with direction to rectify or remedy)
122 Amendment of s 86 (Reviewable decisions)
123 Insertion of new s 109B
123A . Insertion of new s 115D
124 Amendment of s 116 (Regulations)
125 Amendment of sch 1 (Transitional and validating provisions)
125A . Amendment of sch 1A (Exemptions from requirement to hold contractor’s licence)
126 Amendment of sch 2 (Dictionary)
Division 3 - Auditing amendments
127 Amendment of s 50A (Approved audit program)
128 Amendment of s 50CA (Who is a qualified accountant)
129 Amendment of s 67AZB (Limit on demerit points from single audit)
130 Amendment of s 67NB (Failure to pay retention amount)
131 Amendment of s 67U (Void payment provision in construction management trade contract or subcontract)
132 Amendment of s 67W (Void payment provision in commercial building contract)
133 Amendment of s 86 (Reviewable decisions)
Division 4 - Amendments about excluded individuals
134 Amendment of s 32AA (Entitlement to a site supervisor’s licence)
135 Amendment of s 42E (Avoidance of contractual obligations causing significant financial loss)
136 Amendment of s 48 (Cancellation or suspension of licence)
137 Amendment of s 50C (Supply of financial records and other documents under approved audit program or for other reason)
138 Amendment of s 53B (False or misleading documents about minimum financial requirements)
139 Amendment of s 56AB (Operation of pt 3A)
140 Insertion of new pt 3A, div 4
141 Amendment of s 57 (Operation of pt 3B)
142 Amendment of s 58 (Meaning of permanently excluded individual)
143 Insertion of new pt 3B, div 3
144 Amendment of s 62 (Operation of pt 3C)
145 Amendment of s 67AV (Operation of pt 3E)
146 Amendment of s 86 (Reviewable decisions)
147 Amendment of s 111 (Prosecutions for offences)
148 Insertion of new sch 1, pt 17, ss 83 and 84
149 Amendment of sch 2 (Dictionary)
150 Act amended
151 Insertion of new s 41K
PART 8 - REPEAL
PART 9 - MINOR AND CONSEQUENTIAL AMENDMENTS
http://www.austlii.edu.au/au/legis/qld/num_act/bifopaolaa2020783/