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Queensland
Professional Engineers and
Other Legislation Amendment
Bill 2014
Queensland
Professional Engineers and Other
Legislation Amendment Bill 2014
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Chapter 2 Amendment of Professional Engineers Act 2002
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6A Extraterritorial application of Act. . . . . . . . . . . . . . . . . 8
5 Insertion of new s 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7B Types of registration as a professional engineer . . . . 9
6 Amendment of s 8 (Applying for registration) . . . . . . . . . . . . . . . . 9
7 Amendment of s 9 (Eligibility). . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 20 (Deciding application). . . . . . . . . . . . . . . . . . 9
9 Amendment of s 24 (Deciding application). . . . . . . . . . . . . . . . . . 10
10 Amendment of s 34 (Form of certificate of registration) . . . . . . . . 10
11 Amendment of s 39 (Rejection of complaint) . . . . . . . . . . . . . . . . 10
12 Amendment of s 75 (Board's decision about other investigations) 11
13 Insertion of new ss 75A and 75B . . . . . . . . . . . . . . . . . . . . . . . . . 12
75A Other investigations--recording decision if person
becomes registered professional engineer. . . . . . . . . 12
75B Publishing information if person other than registered
professional engineer found guilty of offence . . . . . . . 12
14 Amendment of s 76 (Board to take action as soon as practicable) 13
15 Insertion of new s 101A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
101A Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
107A Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Professional Engineers and Other Legislation Amendment Bill 2014
Contents
17 Amendment of s 115 (Who may carry out professional engineering
services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Amendment of s 122 (Review of particular decisions) . . . . . . . . . 14
19 Amendment of s 131 (Orders relating to registered professional
engineer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Amendment of s 139 (Summary proceedings for offences) . . . . . 15
21 Insertion of new s 140A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
140A Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Amendment of s 141 (Performance and carrying out of professional
engineering services by particular entities) . . . . . . . . . . . . . . . . . 16
23 Insertion of new s 142A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
142A Appropriation of penalties. . . . . . . . . . . . . . . . . . . . . . 16
24 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
25 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Amendment of s 174 (Notice of particular events to interstate
licensing authorities and other entities) . . . . . . . . . . . . . . . . . . . . 18
27 Omission of s 205 (Review of QBCC's decision) . . . . . . . . . . . . . 18
28 Amendment of s 245I (Giving notice of pool immersion incidents) 18
29 Amendment of s 246AT (Access to regulated pools register) . . . 19
30 Replacement of s 246BC (Access to code of conduct for pool safety
inspectors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
246BC Access to code of conduct for pool safety inspectors. 19
31 Amendment of s 246BW (Notice of particular events to interstate
licensing authorities and other entities) . . . . . . . . . . . . . . . . . . . . 20
32 Replacement of s 246CC (Access to pool safety inspectors register) 20
246CC Access to pool safety inspectors register . . . . . . . . . . 20
33 Omission of s 246CJ (Reviews by tribunal of decisions under pt 6) 20
34 Replacement of ch 8, pt 9 (Pool Safety Council) . . . . . . . . . . . . . 21
Part 9 Role of QBCC--pool safety
Division 1 QBCC's functions
246E Pool safety functions performed by QBC board . . . . . 21
246F Pool safety functions performed by QBCC commissioner 21
Division 2 Pool Safety Fund
246G Fund established . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
246H Purpose of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
246I Payment of amounts into fund . . . . . . . . . . . . . . . . . . 23
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Professional Engineers and Other Legislation Amendment Bill 2014
Contents
246J Payments from fund . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 Amendment of s 254 (Approval of forms). . . . . . . . . . . . . . . . . . . 24
36 Amendment of s 256 (Prosecution of offences) . . . . . . . . . . . . . . 24
37 Amendment of s 257A (Disclosure of particular information) . . . . 25
38 Amendment of s 260 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 26
39 Insertion of new ch 11, pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 18 Transitional provisions for Professional
Engineers and Other Legislation Amendment
Act 2014
Division 1 Preliminary
328 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2 Dissolution of former council and transfer of
matters to QBCC
329 Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
330 Transfer of former fund . . . . . . . . . . . . . . . . . . . . . . . . 29
331 Agreements, assets, liabilities and rights . . . . . . . . . . 29
332 Pending applications . . . . . . . . . . . . . . . . . . . . . . . . . 30
333 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . 31
334 Ministerial directions to former council . . . . . . . . . . . . 31
335 Records of former council . . . . . . . . . . . . . . . . . . . . . 32
336 Continuing authorisation of investigators . . . . . . . . . . 32
337 Pending complaints and disciplinary matters under
ch 8, pt 7 .............................. 33
338 Other administrative matters relating to former council 34
Division 3 Transfer of matters from chief executive to
QBCC
339 Pending applications to chief executive . . . . . . . . . . . 35
340 Other administrative matters relating to chief executive 35
Division 4 Provisions about review of particular decisions
341 Pending reviews of relevant decisions . . . . . . . . . . . . 36
Division 5 Other matters
342 References to former council . . . . . . . . . . . . . . . . . . . 36
343 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . 37
344 Transitional regulation-making power . . . . . . . . . . . . 38
40 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 2 Amendment of Plumbing and Drainage Act 2002
41 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
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Professional Engineers and Other Legislation Amendment Bill 2014
Contents
42 Replacement of pt 2, hdg (Plumbing Industry Council) . . . . . . . . 40
43 Replacement of pt 2, divs 1-7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 1 QBCC's functions
5 Plumbing and drainage functions performed by QBC
board ............................... 41
6 Plumbing and drainage functions performed by QBCC
commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
44 Replacement of pt 2, div 8, hdg (Council investigators and their
powers) ....................................... 42
45 Amendment of s 33A (Appointment) . . . . . . . . . . . . . . . . . . . . . . 42
46 Amendment of s 33TB (Approved audit program) . . . . . . . . . . . . 43
47 Insertion of new pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3 Other provisions
33X Fees payable to QBCC. . . . . . . . . . . . . . . . . . . . . . . . 43
48 Omission of pt 7 (Reviews about plumbing and drainage licences) 44
49 Replacement of s 135 (Appointments and authority) . . . . . . . . . . 44
135 Appointments and authority . . . . . . . . . . . . . . . . . . . . 44
50 Amendment of s 136 (Signatures) . . . . . . . . . . . . . . . . . . . . . . . . 44
51 Amendment of s 137 (Evidentiary provisions) . . . . . . . . . . . . . . . 45
52 Amendment of s 138 (Offences under Act are summary) . . . . . . 45
53 Amendment of s 141 (Approval of forms). . . . . . . . . . . . . . . . . . . 46
54 Replacement of s 144 (Chief executive may publish information) 46
144 Chief executive may publish information . . . . . . . . . . 46
55 Amendment of s 148 (Council members under the repealed Act
continue in office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
56 Amendment of s 179 (Registrar and officers of former board) . . . 47
57 Insertion of new pt 10, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 11 Transitional provisions for Professional
Engineers and Other Legislation Amendment
Act 2014
Subdivision 1 Preliminary
191 Definitions for div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Subdivision 2 Dissolution of former council
192 Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 3 Transfer of matters to QBCC
193 Agreements, assets, liabilities and rights . . . . . . . . . . 48
194 Pending applications . . . . . . . . . . . . . . . . . . . . . . . . . 49
195 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . 49
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Professional Engineers and Other Legislation Amendment Bill 2014
Contents
196 Ministerial directions to former council . . . . . . . . . . . . 50
197 Records of former council . . . . . . . . . . . . . . . . . . . . . 50
198 Continuing appointment of investigators . . . . . . . . . . 50
199 Pending disciplinary matters under pt 3, div 7 . . . . . . 51
200 Other administrative matters . . . . . . . . . . . . . . . . . . . 52
Subdivision 4 Review of particular decisions
201 Pending reviews of particular decisions . . . . . . . . . . . 53
Subdivision 5 Other matters
202 References to former council . . . . . . . . . . . . . . . . . . . 53
203 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . 53
204 Transitional regulation-making power . . . . . . . . . . . . 55
58 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 3 Amendment of Queensland Building and Construction
Commission Act 1991
59 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
60 Amendment of s 56AC (Excluded individuals and excluded
companies) ..................................... 57
61 Amendment of s 56AD (Becoming a permitted individual). . . . . . 57
62 Insertion of new pt 7, div 3, sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . 58
Subdivision 1 Internal review
85A Definitions for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 58
63 Amendment of s 86 (Reviewable decisions). . . . . . . . . . . . . . . . . 58
64 Insertion of new ss 86A-86F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
86A Who may apply for internal review . . . . . . . . . . . . . . . 59
86B Requirements for making application . . . . . . . . . . . . . 59
86C Internal review decision . . . . . . . . . . . . . . . . . . . . . . . 60
86D Notice of internal review decision . . . . . . . . . . . . . . . . 61
Subdivision 2 External review
86E Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
86F Decisions that are not reviewable decisions. . . . . . . . 62
65 Insertion of new s 87AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
87AA Decision of tribunal on review of particular reviewable
decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
66 Insertion of new pt 9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 9A Transfer of particular assets, liabilities and
employees
108AA Relevant entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
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Professional Engineers and Other Legislation Amendment Bill 2014
Contents
108AB Transfer of assets, liabilities etc. to relevant entity . . . 65
108AC Rights of transferred employees etc. . . . . . . . . . . . . . 66
67 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 4 Minor and consequential amendments
68 Acts amended by sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 69
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 80
Page 6
2014
A Bill
for
An Act to amend the Building Act 1975, the Plumbing and
Drainage Act 2002, the Professional Engineers Act 2002 and
the Queensland Building and Construction Commission Act
1991, and to make minor or consequential amendments of the
Acts mentioned in schedule 1, for particular purposes
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Professional Engineers and 4
Other Legislation Amendment Act 2014. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Chapter 2 Amendment of Professional 8
Engineers Act 2002 9
Clause 3 Act amended 10
This chapter amends the Professional Engineers Act 2002. 11
Clause 4 Insertion of new s 6A 12
Part 1, division 3-- 13
insert-- 14
6A Extraterritorial application of Act 15
(1) This Act applies both within and outside 16
Queensland. 17
(2) This Act applies outside Queensland to the full 18
extent of the extraterritorial legislative power of 19
the Parliament. 20
Page 8
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 2 Amendment of Professional Engineers Act 2002
[s 5]
Clause 5 Insertion of new s 7B 1
Part 2, division 1-- 2
insert-- 3
7B Types of registration as a professional 4
engineer 5
The types of registration as a professional 6
engineer under this Act are registration as a 7
practising professional engineer or a 8
non-practising professional engineer. 9
Clause 6 Amendment of s 8 (Applying for registration) 10
Section 8(2)(a), after `form'-- 11
insert-- 12
and state the type of registration to which the 13
application relates 14
Clause 7 Amendment of s 9 (Eligibility) 15
Section 9-- 16
insert-- 17
(2) Also, an applicant for registration as a 18
non-practising professional engineer is eligible 19
for registration only if the board is satisfied the 20
applicant will not carry out, or be responsible for 21
the carrying out of, professional engineering 22
services within the registration period to which 23
the application for registration relates. 24
Clause 8 Amendment of s 20 (Deciding application) 25
(1) Section 20(3) and (4)-- 26
renumber as section 20(4) and (5). 27
(2) Section 20-- 28
insert-- 29
Page 9
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 2 Amendment of Professional Engineers Act 2002
[s 9]
(3) Also, for an application for renewal of 1
registration as a non-practising professional 2
engineer, the board must be satisfied the 3
applicant will not carry out, or be responsible for 4
the carrying out of, professional engineering 5
services within the registration period to which 6
the application relates. 7
Clause 9 Amendment of s 24 (Deciding application) 8
(1) Section 24(3) and (4)-- 9
renumber as section 24(4) and (5). 10
(2) Section 24-- 11
insert-- 12
(3) Also, for an application for restoration of 13
registration as a non-practising professional 14
engineer, the board must be satisfied the 15
applicant will not carry out, or be responsible for 16
the carrying out of, professional engineering 17
services within the registration period to which 18
the application relates. 19
Clause 10 Amendment of s 34 (Form of certificate of registration) 20
Section 34(2)-- 21
insert-- 22
(d) whether the registered professional engineer 23
is a practising professional engineer or a 24
non-practising professional engineer. 25
Clause 11 Amendment of s 39 (Rejection of complaint) 26
Section 39, from `the complaint'-- 27
omit, insert-- 28
the complaint is-- 29
Page 10
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 2 Amendment of Professional Engineers Act 2002
[s 12]
(a) frivolous, trivial or vexatious; or 1
(b) misconceived or lacking in substance. 2
Clause 12 Amendment of s 75 (Board's decision about other 3
investigations) 4
Section 75(2) and (3)-- 5
omit, insert-- 6
(2) As soon as practicable after preparing the report, 7
or receiving the report or further report, the board 8
must decide to do 1 or more of the following-- 9
(a) start proceedings to prosecute the person for 10
an offence; 11
(b) enter into an undertaking agreed with the 12
person about the person's conduct, 13
including, for example, to apply for 14
registration or to only carry out professional 15
engineering services under the direct 16
supervision of a practising professional 17
engineer; 18
(c) caution or reprimand the person; 19
(d) take no further action about the matter the 20
subject of the investigation. 21
(3) If the person does not comply with an 22
undertaking entered into under subsection (2)(b), 23
the board may decide to take another action 24
mentioned in subsection (2). 25
(4) As soon as practicable after making the decision, 26
the board must give notice of the decision to the 27
person. 28
(5) If the board decides, under subsection (2)(c), to 29
caution or reprimand the person, the board must 30
give the person an information notice for the 31
decision. 32
Page 11
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 2 Amendment of Professional Engineers Act 2002
[s 13]
Clause 13 Insertion of new ss 75A and 75B 1
After section 75-- 2
insert-- 3
75A Other investigations--recording decision if 4
person becomes registered professional 5
engineer 6
(1) This section applies if-- 7
(a) the board makes a decision about a person 8
under section 75; and 9
(b) the person later becomes a registered 10
professional engineer. 11
(2) The board may include in the register particulars 12
of its decision with other particulars relevant to 13
the person's registration. 14
75B Publishing information if person other than 15
registered professional engineer found guilty 16
of offence 17
(1) This section applies if a person other than a 18
registered professional engineer is found guilty 19
of an offence against part 7 of this Act, whether 20
or not a conviction is recorded. 21
(2) The board may, during the relevant period, 22
publish the information about the offence on the 23
board's website on the internet. 24
(3) For subsection (2), only the following 25
information may be published-- 26
(a) the person's full name and any other 27
identifying particulars; 28
(b) the person's business address or former 29
business address; 30
(c) particulars of the offence committed by the 31
person; 32
Page 12
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 2 Amendment of Professional Engineers Act 2002
[s 14]
(d) any other particulars prescribed by 1
regulation. 2
(4) If the finding of guilt is quashed on appeal, the 3
board must remove any reference to the offence 4
from the website. 5
(5) In this section-- 6
relevant period means the period starting on the 7
date the finding of guilt is made and ending 5 8
years after that date. 9
Clause 14 Amendment of s 76 (Board to take action as soon as 10
practicable) 11
Section 76, `section 75(2)(a)'-- 12
omit, insert-- 13
section 75(2)(a) to (c) 14
Clause 15 Insertion of new s 101A 15
Part 5, division 7-- 16
insert-- 17
101A Delegation by registrar 18
(1) The registrar may delegate the registrar's 19
functions under this Act to-- 20
(a) an appropriately qualified employee of the 21
board; or 22
(b) an appropriately qualified public service 23
employee providing services for the board 24
under section 100A. 25
(2) In this section-- 26
functions includes powers. 27
Page 13
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 2 Amendment of Professional Engineers Act 2002
[s 16]
Clause 16 Insertion of new s 107A 1
Part 5, division 9-- 2
insert-- 3
107A Delegation 4
(1) The board may delegate the board's functions 5
under this Act to any of the following-- 6
(a) a board member; 7
(b) a committee of board members; 8
(c) the registrar; 9
(d) an appropriately qualified employee of the 10
board; 11
(e) an appropriately qualified public service 12
employee providing services for the board 13
under section 100A. 14
(2) In this section-- 15
functions includes powers. 16
Clause 17 Amendment of s 115 (Who may carry out professional 17
engineering services) 18
(1) Section 115, `registered professional engineer'-- 19
omit, insert- 20
practising professional engineer 21
(2) Section 115-- 22
insert-- 23
Note-- 24
See also section 6A in relation to the potential application of this 25
section outside Queensland. 26
Clause 18 Amendment of s 122 (Review of particular decisions) 27
Section 122(2)(g), after `73(2)(c)'-- 28
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 2 Amendment of Professional Engineers Act 2002
[s 19]
insert-- 1
or 75(2)(c) 2
Clause 19 Amendment of s 131 (Orders relating to registered 3
professional engineer) 4
(1) Section 131(3)-- 5
insert-- 6
(f) requiring the registered professional 7
engineer to pay an amount to the board as 8
compensation for all, or a part of, the 9
reasonable costs of any investigation about 10
the matter the subject of the proceeding, 11
including the costs of preparing for the 12
proceeding. 13
(2) Section 131(4), after `(2)'-- 14
insert-- 15
or (3)(f) 16
(3) Section 131-- 17
insert-- 18
(7) Subsection (3)(f) does not limit the powers 19
of the tribunal under the QCAT Act, chapter 20
2, part 6, division 6. 21
Clause 20 Amendment of s 139 (Summary proceedings for 22
offences) 23
Section 139(2)(b), `6 months'-- 24
omit, insert-- 25
1 year 26
Clause 21 Insertion of new s 140A 27
Part 9, division 2-- 28
Page 15
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 2 Amendment of Professional Engineers Act 2002
[s 22]
insert-- 1
140A Costs of investigation 2
(1) This section applies if a court finds a person 3
guilty of an offence against this Act. 4
(2) The court may make an order requiring the 5
person to pay an amount to the board as 6
compensation for all, or a part of, the reasonable 7
costs of any investigation by the board about the 8
offence, including the costs of preparing for the 9
prosecution. 10
(3) This section does not limit the orders for costs the 11
court may make on the finding of guilt. 12
Clause 22 Amendment of s 141 (Performance and carrying out of 13
professional engineering services by particular entities) 14
Section 141, `registered professional engineer'-- 15
omit, insert-- 16
practising professional engineer 17
Clause 23 Insertion of new s 142A 18
After section 142-- 19
insert-- 20
142A Appropriation of penalties 21
(1) A monetary penalty recovered for an offence 22
against this Act must be paid to the board. 23
(2) This section applies despite the Acts 24
Interpretation Act 1954, section 43. 25
Clause 24 Amendment of sch 2 (Dictionary) 26
(1) Schedule 2-- 27
insert-- 28
Page 16
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 2 Amendment of Professional Engineers Act 2002
[s 24]
non-practising professional engineer means a 1
registered professional engineer who does not 2
carry out, and is not responsible for the carrying 3
out of, professional engineering services. 4
practising professional engineer means a 5
registered professional engineer who carries out, 6
or is responsible for the carrying out of, 7
professional engineering services. 8
(2) Schedule 2, definition prescriptive standard, paragraphs (a) 9
and (b), `construction or production activity'-- 10
omit, insert-- 11
construction, production, operation or maintenance 12
activity 13
(3) Schedule 2, definition prescriptive standard, examples-- 14
omit, insert-- 15
Example-- 16
AS1684--Timber framing code, published by Standards 17
Australia 18
(4) Schedule 2, definition professional engineering service, `a 19
construction or production activity'-- 20
omit, insert-- 21
a construction, production, operation or maintenance 22
activity 23
Page 17
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 25]
Chapter 3 Amendments of other Acts 1
Part 1 Amendment of Building Act 2
1975 3
Clause 25 Act amended 4
This part amends the Building Act 1975. 5
Note-- 6
See also the amendments in schedule 1. 7
Clause 26 Amendment of s 174 (Notice of particular events to 8
interstate licensing authorities and other entities) 9
(1) Section 174(3)(c)-- 10
omit. 11
(2) Section 174(3)(d)-- 12
renumber as section 174(3)(c). 13
Clause 27 Omission of s 205 (Review of QBCC's decision) 14
Section 205-- 15
omit. 16
Clause 28 Amendment of s 245I (Giving notice of pool immersion 17
incidents) 18
(1) Section 245I(1)(a), `PSC'-- 19
omit, insert-- 20
the QBCC commissioner 21
(2) Section 245I(1)(d)-- 22
omit. 23
Page 18
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 29]
Clause 29 Amendment of s 246AT (Access to regulated pools 1
register) 2
(1) Section 246AT(1), `chief executive', first mention-- 3
omit, insert-- 4
QBCC commissioner 5
(2) Section 246AT(1)(a)(i) and (ii)-- 6
omit, insert-- 7
(i) QBCC's head office, while the office is 8
open for business; and 9
(ii) other places the commissioner 10
considers appropriate; and 11
(3) Section 246AT(2)-- 12
omit, insert-- 13
(2) The commissioner may make the regulated pools 14
register available for inspection on QBCC's 15
website. 16
Clause 30 Replacement of s 246BC (Access to code of conduct for 17
pool safety inspectors) 18
Section 246BC-- 19
omit, insert-- 20
246BC Access to code of conduct for pool safety 21
inspectors 22
(1) The QBCC commissioner must make the code of 23
conduct for pool safety inspectors available for 24
inspection by anyone while QBCC's head office 25
is open for business. 26
(2) The commissioner may make the code of conduct 27
available for inspection on QBCC's website. 28
Page 19
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 31]
Clause 31 Amendment of s 246BW (Notice of particular events to 1
interstate licensing authorities and other entities) 2
(1) Section 246BW(2), `PSC'-- 3
omit, insert-- 4
the QBCC commissioner 5
(2) Section 246BW(3) and (4), `PSC'-- 6
omit, insert-- 7
the commissioner 8
(3) Section 246BW(3)(b)-- 9
omit. 10
(4) Section 246BW(3)(c)-- 11
renumber as section 246BW(3)(b). 12
Clause 32 Replacement of s 246CC (Access to pool safety 13
inspectors register) 14
Section 246CC-- 15
omit, insert-- 16
246CC Access to pool safety inspectors register 17
(1) The QBCC commissioner must make the pool 18
safety inspectors register available for inspection 19
by anyone while QBCC's head office is open for 20
business. 21
(2) The commissioner may make the pool safety 22
inspectors register available for inspection on 23
QBCC's website. 24
Clause 33 Omission of s 246CJ (Reviews by tribunal of decisions 25
under pt 6) 26
Section 246CJ-- 27
omit. 28
Page 20
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 34]
Clause 34 Replacement of ch 8, pt 9 (Pool Safety Council) 1
Chapter 8, part 9-- 2
omit, insert-- 3
Part 9 Role of QBCC--pool 4
safety 5
Division 1 QBCC's functions 6
246E Pool safety functions performed by QBC 7
board 8
The functions of the QBC board for pool safety 9
include-- 10
(a) reporting to the Minister on-- 11
(i) any issue relating to pool safety 12
referred to it by the Minister; or 13
(ii) any issue relating to pool safety the 14
board considers the Minister should 15
know about; and 16
(b) performing other functions relating to pool 17
safety given to the board under this Act. 18
246F Pool safety functions performed by QBCC 19
commissioner 20
The functions of the QBCC commissioner for 21
pool safety include the following-- 22
(a) under part 6, licensing individuals as pool 23
safety inspectors; 24
(b) under part 7, carrying out audits of pool 25
safety inspectors, including their 26
performance of pool safety inspection 27
functions; 28
Page 21
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 34]
(c) under part 7, investigating written 1
complaints made to the commissioner about 2
pool safety inspectors or former pool safety 3
inspectors and deciding whether grounds for 4
disciplinary action against the inspector are 5
established; 6
(d) taking disciplinary action against pool 7
safety inspectors or former pool safety 8
inspectors if grounds for disciplinary action 9
against the inspectors are established; 10
(e) giving the QBC board, at least annually, a 11
list of pool safety inspectors and a summary 12
of disciplinary action taken against pool 13
safety inspectors; 14
(f) under part 6, division 5, keeping a register of 15
pool safety inspectors; 16
(g) approving training courses under section 17
246DG for individuals proposing to become 18
pool safety inspectors; 19
(h) making available for purchase by pool 20
safety inspectors identification numbers for 21
pool safety certificates; 22
(i) administering the fund; 23
(j) performing any other functions relating to 24
pool safety given to the commissioner under 25
this Act. 26
Note-- 27
For powers of the QBCC commissioner, see the QBCC 28
Act, section 20J(3). 29
Page 22
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 34]
Division 2 Pool Safety Fund 1
246G Fund established 2
The Pool Safety Fund (the fund) is established. 3
246H Purpose of fund 4
The purpose of the fund is to provide funding to 5
achieve the purposes of this chapter. 6
246I Payment of amounts into fund 7
The following amounts must be paid into the 8
fund-- 9
(a) fees paid to the QBCC commissioner under 10
this chapter; 11
(b) amounts payable under section 246CY, 12
246DC or 246DD; 13
(c) penalties paid to the commissioner under 14
section 256(6); 15
(d) other amounts paid to the commissioner 16
under this chapter. 17
246J Payments from fund 18
The QBCC commissioner may make payments 19
from the fund only for-- 20
(a) paying expenses incurred by the 21
commissioner under this chapter; or 22
(b) making other payments required or 23
permitted by this chapter to be paid out of 24
the fund. 25
Page 23
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 35]
Clause 35 Amendment of s 254 (Approval of forms) 1
Section 254, after `chief executive'-- 2
insert-- 3
or the QBCC commissioner 4
Clause 36 Amendment of s 256 (Prosecution of offences) 5
(1) Section 256(2)(b) and (g) and (4), `commissioner for 6
QBCC'-- 7
omit, insert-- 8
QBCC commissioner 9
(2) Section 256(2)(d), `chief executive', first mention-- 10
omit, insert-- 11
QBCC commissioner 12
(3) Section 256(2)(e), `chief executive'-- 13
omit, insert-- 14
QBCC commissioner 15
(4) Section 256(2)(f) and (i), `PSC'-- 16
omit, insert-- 17
the QBCC commissioner 18
(5) Section 256(2)(g) and (h), `the chief executive,'-- 19
omit. 20
(6) Section 256(2)(j)-- 21
omit, insert-- 22
(j) for an offence against chapter 8, part 6, 7 or 23
8--the QBCC commissioner; or 24
(7) Section 256(6)-- 25
omit, insert-- 26
Page 24
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 37]
(6) All penalties recovered under chapter 8 as a 1
result of proceedings for which the QBCC 2
commissioner is the complainant must be paid to 3
the commissioner. 4
Clause 37 Amendment of s 257A (Disclosure of particular 5
information) 6
(1) Section 257A(1), after `information'-- 7
insert-- 8
or pool safety information 9
(2) Section 257A(1), `chief executive'-- 10
omit, insert-- 11
QBCC commissioner 12
(3) Section 257A(2)-- 13
omit. 14
(4) Section 257A(3)(b)(i), `chief executive'-- 15
omit, insert-- 16
commissioner 17
(5) Section 257A(4), `The department's'-- 18
omit, insert-- 19
QBCC's 20
(6) Section 257A(4)(a), `or (2)'-- 21
omit. 22
(7) Section 257A(5), `(4)(a)'-- 23
omit, insert-- 24
(3)(a) 25
(8) Section 257A(6)-- 26
omit, insert-- 27
Page 25
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 38]
(6) The commissioner may not delegate the 1
commissioner's power under subsection (1). 2
(9) Section 257A(7), definitions pool immersion information and 3
pool safety information, `chief executive'-- 4
omit, insert-- 5
commissioner 6
(10) Section 257A(7), definition pool safety information, `, or 7
exercise of a function under,'-- 8
omit. 9
(11) Section 257A(7), definition relevant person-- 10
omit, insert-- 11
relevant person means-- 12
(a) the commissioner; or 13
(b) an officer or employee of QBCC. 14
(12) Section 257A(3) to (7)-- 15
renumber as section 257A(2) to (6). 16
Clause 38 Amendment of s 260 (Evidentiary aids) 17
(1) Section 260(1), `Queensland Building and Construction 18
Commission Act 1991'-- 19
omit, insert-- 20
QBCC Act 21
(2) Section 260(2) and (3)-- 22
omit, insert-- 23
(2) A certificate purporting to be signed by the 24
QBCC commissioner stating any of the following 25
matters is evidence of the matter-- 26
(a) a stated document is a copy of, or an extract 27
from or part of-- 28
Page 26
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
(i) a licence; or 1
(ii) the register; or 2
(iii) another document kept or made under 3
chapter 6, part 2, 3 or 4; or 4
(iv) the pool safety inspectors register; or 5
(v) the regulated pools register; or 6
(vi) a pool safety certificate; or 7
(vii) another document kept or made under 8
chapter 8; 9
(b) on a stated day, or during a stated period, a 10
licence or a licence as a pool safety 11
inspector-- 12
(i) was, or was not, in force; or 13
(ii) was, or was not, subject to a stated 14
condition; or 15
(iii) was, or was not, cancelled or 16
suspended. 17
(3) Section 260(4)-- 18
renumber as section 260(3). 19
Clause 39 Insertion of new ch 11, pt 18 20
Chapter 11-- 21
insert-- 22
Part 18 Transitional provisions 23
for Professional 24
Engineers and Other 25
Legislation 26
Amendment Act 2014 27
Page 27
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
Division 1 Preliminary 1
328 Definitions 2
In this part-- 3
amended Act means this Act as amended by the 4
amending Act. 5
amending Act means the Professional Engineers 6
and Other Legislation Amendment Act 2014. 7
commencement means commencement of this 8
section. 9
former council means the PSC established under 10
the unamended Act. 11
unamended Act means this Act as in force 12
immediately before the commencement. 13
Division 2 Dissolution of former 14
council and transfer of 15
matters to QBCC 16
329 Dissolution 17
(1) On the commencement-- 18
(a) the former council ceases to exist; and 19
(b) the registrar and members of the former 20
council go out of office. 21
(2) In this section-- 22
registrar means the person holding the office of 23
registrar under the unamended Act immediately 24
before the commencement. 25
Page 28
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
330 Transfer of former fund 1
(1) On the commencement-- 2
(a) any liabilities relating to the former fund are 3
taken to be liabilities of the Pool Safety 4
Fund; and 5
(b) any amounts payable to the former fund 6
immediately before the commencement are 7
taken to be payable to the Pool Safety Fund. 8
(2) The chief executive must-- 9
(a) as soon as practicable after the 10
commencement, do all things necessary to 11
transfer to the Pool Safety Fund all funds 12
held immediately before the commencement 13
in the former fund; and 14
(b) from time to time, transfer to the Pool 15
Safety Fund any funds received that relate to 16
the former fund. 17
(3) In this section-- 18
former fund means the Pool Safety Fund 19
established under section 246FB as in force from 20
time to time before the commencement. 21
331 Agreements, assets, liabilities and rights 22
(1) On the commencement-- 23
(a) the former council's assets, liabilities and 24
rights vest in QBCC; and 25
(b) QBCC is substituted for the former council 26
in all agreements to which the former 27
council was a party immediately before the 28
commencement. 29
(2) Without limiting subsection (1), any amounts 30
payable to the former council immediately before 31
Page 29
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
the commencement are, on the commencement, 1
taken to be payable to QBCC. 2
(3) In this section-- 3
agreement includes a lease, undertaking and 4
contractual arrangement. 5
332 Pending applications 6
(1) This section applies to an application made but 7
not finally decided or withdrawn before the 8
commencement-- 9
(a) under the unamended Act to the former 10
council; or 11
(b) by the former council to the tribunal. 12
(2) On and from the commencement, the application 13
is taken to have been made-- 14
(a) if subsection (1)(a) applies--to the QBCC 15
commissioner under the amended Act; or 16
(b) if subsection (1)(b) applies--by the 17
commissioner; 18
when it was made to or by the former council. 19
(3) For deciding the application, if the context 20
permits-- 21
(a) action taken by the former council before 22
the commencement in relation to the 23
application is action taken by the 24
commissioner under the amended Act; and 25
(b) the commissioner may be satisfied about a 26
matter merely because the former council 27
was satisfied about the matter under the 28
unamended Act. 29
Page 30
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
333 Pending legal proceedings 1
(1) A legal proceeding that has been started, or could 2
have been started, by or against the former 3
council before the commencement may be started 4
or continued by or against the QBCC 5
commissioner. 6
(2) For section 256(1), the QBCC commissioner is 7
taken to have knowledge of the commission of a 8
past offence-- 9
(a) if the offence came to the former council's 10
knowledge; and 11
(b) when the offence came to the former 12
council's knowledge. 13
(3) Subsection (4) applies if a prosecution for an 14
offence against the unamended Act is started by a 15
person under section 256(2) of that Act before 16
the commencement. 17
(4) On and from the commencement, the 18
commissioner is taken to be the complainant for 19
continuing the prosecution. 20
(5) In this section-- 21
legal proceeding means a proceeding before a 22
court or tribunal. 23
past offence means an offence against this Act 24
for which-- 25
(a) the alleged date of commission of the 26
offence was before the commencement; and 27
(b) the prosecution for the offence had not yet 28
started on the commencement. 29
334 Ministerial directions to former council 30
(1) This section applies to a Ministerial direction 31
given before the commencement to the former 32
Page 31
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
council by the Minister under section 246FG of 1
the unamended Act. 2
(2) The Ministerial direction is, if the context 3
permits, taken to have been given to QBCC under 4
the QBCC Act, section 9. 5
335 Records of former council 6
(1) On the commencement, a record of the former 7
council becomes a record of QBCC. 8
(2) In this section-- 9
record includes a register kept by the former 10
council under the unamended Act. 11
336 Continuing authorisation of investigators 12
(1) This section applies to a person authorised by the 13
former council under section 246CP(1) of the 14
unamended Act as a person to whom a document 15
must be produced. 16
(2) On and from the commencement, the person is 17
taken to have been authorised under section 18
246CP(1) of the amended Act as an investigator 19
by the QBCC commissioner. 20
(3) Action taken for an investigation under the 21
unamended Act continues to have effect for the 22
purpose of the amended Act. 23
(4) If a notice given by the former council before the 24
commencement under section 246CP of the 25
unamended Act required a document to be 26
produced at a time that is on or after the 27
commencement, the notice is taken to require the 28
document to be produced at that time to the 29
QBCC commissioner. 30
Page 32
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
(5) Subsection (6) applies if, immediately before the 1
commencement-- 2
(a) an identity card had been issued to the 3
person under section 246CQ of the 4
unamended Act; and 5
(b) the card had not expired according to its 6
terms. 7
(6) The card is taken to be an identity card issued to 8
the person by the commissioner until the earlier 9
of the following-- 10
(a) a new identity card is issued to the person by 11
the commissioner under the amended Act; 12
(b) the card expires according to its terms. 13
337 Pending complaints and disciplinary matters 14
under ch 8, pt 7 15
(1) This section applies if, immediately before the 16
commencement-- 17
(a) action is being taken by the former council 18
under chapter 8, part 7, division 1 of the 19
unamended Act in relation to a complaint; 20
or 21
(b) the tribunal is conducting a disciplinary 22
proceeding under chapter 8, part 7, division 23
3 on an application by the former council. 24
(2) On and from the commencement, the complaint 25
or application is taken to have been made to or by 26
the QBCC commissioner under the amended Act. 27
(3) For completing the action in relation to the 28
complaint or completing the disciplinary 29
proceeding-- 30
(a) steps taken by the former council before the 31
commencement in relation to the complaint 32
Page 33
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
or proceeding are steps taken by the 1
commissioner under the amended Act; and 2
(b) the commissioner may be satisfied about a 3
matter merely because the former council 4
was satisfied about the matter under the 5
unamended Act. 6
338 Other administrative matters relating to former 7
council 8
(1) Subsection (2) applies to each of the following 9
things in effect under the unamended Act 10
immediately before the commencement-- 11
(a) a direction or notice given by the former 12
council; 13
Example-- 14
a direction to a pool safety inspector to attend 15
training under section 246CY(4)(c) 16
(b) a request, requirement or order made by the 17
former council that has not been fully 18
complied with on the commencement; 19
Example-- 20
a request of an applicant to give the former 21
council further information or evidence to decide 22
an application 23
(c) a certificate or licence issued by the former 24
council; 25
(d) a decision of the former council. 26
(2) The thing continues in effect as if it had been 27
given, issued or made by QBCC when the thing 28
first took effect. 29
(3) A code of conduct for pool safety inspectors 30
made under section 246AZ of the unamended 31
Act and in effect immediately before the 32
commencement continues in effect, on and from 33
Page 34
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
the commencement, as if the code of conduct had 1
been made by the QBCC commissioner. 2
Division 3 Transfer of matters from 3
chief executive to QBCC 4
339 Pending applications to chief executive 5
(1) This section applies to an application made, but 6
not finally decided or withdrawn before the 7
commencement, for approval of a pool safety 8
management plan under the unamended Act, 9
section 245M. 10
(2) On and from the commencement, the application 11
is taken to have been made to the QBCC 12
commissioner under the amended Act. 13
(3) For deciding the application, if the context 14
permits-- 15
(a) action taken by the chief executive before 16
the commencement in relation to the 17
application is action taken by the 18
commissioner under the amended Act; and 19
(b) the commissioner may be satisfied about a 20
matter merely because the chief executive 21
was satisfied about the matter under the 22
unamended Act. 23
340 Other administrative matters relating to chief 24
executive 25
Action taken by the chief executive under the 26
unamended Act, chapter 8, part 2, division 6 27
before the commencement in relation to a pool 28
safety management plan continues to have effect 29
Page 35
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
as if it had been taken by the QBCC 1
commissioner when the action was first taken. 2
Division 4 Provisions about review of 3
particular decisions 4
341 Pending reviews of relevant decisions 5
(1) This section applies if, before the 6
commencement-- 7
(a) an application for review of a relevant 8
decision had been made but not decided or 9
otherwise finally dealt with; or 10
(b) the period in which a person was entitled to 11
apply under the unamended Act for review 12
of a relevant decision had started but not 13
ended. 14
(2) The review of the relevant decision may be 15
completed, or started and completed, as if-- 16
(a) the unamended Act continued to apply; and 17
(b) the QBCC Act, part 7, division 3 did not 18
apply for review of the decision. 19
(3) In this section-- 20
relevant decision means a decision under section 21
157, 169, 177, 204, 246BJ, 246BP, 246BT, 22
246BZ or 246CY. 23
Division 5 Other matters 24
342 References to former council 25
In an Act or document, a reference to the former 26
council may, if the context permits, be taken to be 27
a reference to the QBCC commissioner. 28
Page 36
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 39]
343 Effect on legal relationships 1
(1) Nothing done under the amendments to this Act 2
under the amending Act (the Act amendments)-- 3
(a) makes a relevant entity in breach of an 4
instrument, including an instrument 5
prohibiting, restricting or regulating the 6
assignment, novation or transfer of a right or 7
liability or the disclosure of information; or 8
(b) except as provided for under the Act 9
amendments, is taken to fulfil a condition 10
that-- 11
(i) terminates, or allows a person to 12
terminate, an instrument or obligation; 13
or 14
(ii) modifies, or allows a person to modify, 15
the operation or effect of an instrument 16
or obligation; or 17
(iii) allows a person to avoid or enforce an 18
obligation or liability contained in an 19
instrument or requires a person to 20
perform an obligation contained in an 21
instrument; or 22
(iv) requires any money to be paid before 23
its stated maturity. 24
(2) If, apart from this subsection, the advice, consent 25
or approval of a person would be necessary to do 26
something under the Act amendments, the advice 27
is taken to have been obtained or the consent or 28
approval is taken to have been given 29
unconditionally. 30
(3) If, apart from this Act, giving notice to a person 31
would be necessary to do something under the 32
Act amendments, the notice is taken to have been 33
given. 34
Page 37
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 40]
(4) In this section-- 1
relevant entity means-- 2
(a) the State or an employee or agent of the 3
State; or 4
(b) QBCC, or a member or relevant officer of 5
QBCC. 6
344 Transitional regulation-making power 7
(1) A regulation (a transitional regulation) may 8
make provision of a saving or transitional nature 9
for which-- 10
(a) it is necessary to make provision to allow or 11
facilitate the doing of anything to achieve 12
the transition from the operation of this Act 13
as in force immediately before the 14
commencement to the operation of this Act 15
as in force on or after the commencement; 16
and 17
(b) this part does not make provision or 18
sufficient provision. 19
(2) A transitional regulation may have retrospective 20
operation to a day not earlier than the day of the 21
commencement. 22
(3) A transitional regulation must declare it is a 23
transitional regulation. 24
(4) This section and any transitional regulation 25
expire 1 year after the day of the commencement. 26
Clause 40 Amendment of sch 2 (Dictionary) 27
(1) Schedule 2, definitions member, second occurring, Ministerial 28
direction, PSC and registrar-- 29
omit. 30
Page 38
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 1 Amendment of Building Act 1975
[s 40]
(2) Schedule 2-- 1
insert-- 2
QBCC Act means the Queensland Building and 3
Construction Commission Act 1991. 4
QBC board means the Queensland Building and 5
Construction Board established under the QBCC 6
Act, section 10. 7
QBCC commissioner means the commissioner 8
of QBCC. 9
(3) Schedule 2, definition fund, `246FB'-- 10
omit, insert-- 11
246G 12
(4) Schedule 2, definition information notice, paragraph (b)-- 13
omit, insert-- 14
(b) if the decision is a decision of the QBCC 15
commissioner under section 157, 169, 177, 16
204, 246BJ, 246BP, 246BT, 246BZ or 17
246CY, a notice stating the following-- 18
(i) the decision; 19
(ii) the reasons for it; 20
(iii) that the person to whom the notice is 21
given may, within 28 days after the 22
person is given the notice-- 23
(A) apply to QBCC for internal review 24
of the decision under the QBCC 25
Act, part 7, division 3; or 26
(B) apply to the tribunal for external 27
review of the decision under the 28
QBCC Act, part 7, division 3; 29
(iv) how to apply for review of the decision. 30
Page 39
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 2 Amendment of Plumbing and Drainage Act 2002
[s 41]
(5) Schedule 2, definition QBCC, `Queensland Building and 1
Construction Commission Act 1991'-- 2
omit, insert-- 3
QBCC Act 4
Part 2 Amendment of Plumbing and 5
Drainage Act 2002 6
Clause 41 Act amended 7
This part amends the Plumbing and Drainage Act 2002. 8
Note-- 9
See also the amendments in schedule 1. 10
Clause 42 Replacement of pt 2, hdg (Plumbing Industry Council) 11
Part 2, heading-- 12
omit, insert-- 13
Part 2 Role of 14
QBCC--plumbing and 15
drainage 16
Clause 43 Replacement of pt 2, divs 1-7 17
Part 2, divisions 1 to 7-- 18
omit, insert-- 19
Page 40
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 2 Amendment of Plumbing and Drainage Act 2002
[s 43]
Division 1 QBCC's functions 1
5 Plumbing and drainage functions performed 2
by QBC board 3
The functions of the QBC board for plumbing 4
and drainage include-- 5
(a) conferring on national policy development 6
and implementation for the trade; and 7
(b) reporting to the Minister on-- 8
(i) any issue relating to plumbing and 9
drainage referred to it by the Minister; 10
or 11
(ii) any issue relating to plumbing and 12
drainage the board considers the 13
Minister should know about; and 14
(c) performing any other functions relating to 15
plumbing and drainage given to the board 16
under this Act. 17
6 Plumbing and drainage functions performed 18
by QBCC commissioner 19
The functions of the QBCC commissioner for 20
plumbing and drainage include the following-- 21
(a) administering the licensing system under 22
part 3; 23
(b) monitoring the operation of the licensing 24
system and, if necessary, recommending 25
changes; 26
(c) promoting acceptable standards of 27
competence for the trade; 28
(d) receiving and investigating complaints about 29
work for which a licence is required; 30
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
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[s 44]
(e) approving audit programs and auditing 1
licensees to monitor and enforce compliance 2
with part 4; 3
(f) performing any other functions relating to 4
plumbing and drainage given to the QBCC 5
commissioner under this Act. 6
Note-- 7
For powers of the QBCC commissioner, see the QBCC 8
Act, section 20J(3). 9
Clause 44 Replacement of pt 2, div 8, hdg (Council investigators 10
and their powers) 11
Part 2, division 8, heading-- 12
omit, insert-- 13
Division 2 Investigators appointed by 14
QBCC commissioner 15
Clause 45 Amendment of s 33A (Appointment) 16
Section 33A(1) and (2)-- 17
omit, insert-- 18
(1) The QBCC commissioner may appoint a relevant 19
officer as an investigator if the commissioner is 20
satisfied the officer is qualified for appointment 21
because the officer has the necessary expertise or 22
experience. 23
(2) In this section-- 24
employing office see the QBCC Act, section 25
29A. 26
relevant officer means-- 27
(a) an employee of the employing office or of 28
another government entity performing work 29
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 2 Amendment of Plumbing and Drainage Act 2002
[s 46]
for QBCC under a work performance 1
arrangement; or 2
(b) an officer or employee of QBCC. 3
Clause 46 Amendment of s 33TB (Approved audit program) 4
(1) Section 33TB(1), from `council' to `it'-- 5
omit, insert-- 6
QBCC commissioner may prepare and approve an 7
audit program under which the commissioner 8
(2) Section 33TB(2) and (3)-- 9
omit. 10
(3) Section 33TB(5)-- 11
omit, insert-- 12
(5) The commissioner must ensure a copy of the 13
approved audit program is available for 14
inspection at QBCC's head office. 15
Editor's note-- 16
QBCC's head office is located at 299 Montague Road, 17
West End, Brisbane. 18
(4) Section 33TB(4) and (5)-- 19
renumber as section 33TB(2) and (3). 20
Clause 47 Insertion of new pt 2, div 3 21
Part 2, after section 33W-- 22
insert-- 23
Division 3 Other provisions 24
33X Fees payable to QBCC 25
(1) Fees payable under this Act must be paid to 26
QBCC unless a regulation provides otherwise. 27
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 2 Amendment of Plumbing and Drainage Act 2002
[s 48]
(2) Revenue received under subsection (1) must be 1
applied toward the administration of this Act, 2
including monitoring and enforcing compliance 3
with this Act. 4
(3) Funds that are not immediately required for the 5
administration of this Act may be applied to the 6
objects and purposes appearing to the QBCC 7
commissioner to advance the principles, 8
standards or trade of plumbing and drainage. 9
Clause 48 Omission of pt 7 (Reviews about plumbing and drainage 10
licences) 11
Part 7-- 12
omit. 13
Clause 49 Replacement of s 135 (Appointments and authority) 14
Section 135-- 15
omit, insert-- 16
135 Appointments and authority 17
It is not necessary to prove-- 18
(a) the appointment of the chief executive, the 19
QBCC commissioner or an inspector; or 20
(b) the authority of the chief executive, the 21
commissioner or an inspector to do anything 22
under this Act. 23
Clause 50 Amendment of s 136 (Signatures) 24
Section 136, from `a member' to `the registrar'-- 25
omit, insert-- 26
the QBCC commissioner or an inspector 27
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 2 Amendment of Plumbing and Drainage Act 2002
[s 51]
Clause 51 Amendment of s 137 (Evidentiary provisions) 1
Section 137, `, chairperson or registrar'-- 2
omit, insert-- 3
or QBCC commissioner 4
Clause 52 Amendment of s 138 (Offences under Act are summary) 5
(1) Section 138, heading-- 6
omit, insert-- 7
138 Prosecutions for offences 8
(2) Section 138-- 9
insert-- 10
(3) A prosecution may be started only by-- 11
(a) for any offence regardless of where the 12
offence is alleged to have been committed-- 13
(i) a person authorised by the QBCC 14
commissioner (either generally or in a 15
particular case) to start the prosecution; 16
or 17
(ii) the chief executive; or 18
(b) for an offence alleged to have been 19
committed in a local government area for 20
which a local government administers the 21
Standard Plumbing and Drainage 22
Regulation for the area--the local 23
government; or 24
(c) for an offence alleged to have been 25
committed in an area within a local 26
government's area that is under the control 27
of an entity other than the local government 28
and for which the entity administers the 29
Standard Plumbing and Drainage 30
Regulation--the entity. 31
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 53]
(4) The authorisation required by subsection (3) is to 1
be presumed in the absence of evidence to the 2
contrary. 3
Clause 53 Amendment of s 141 (Approval of forms) 4
Section 141, after `chief executive'-- 5
insert-- 6
or the QBCC commissioner 7
Clause 54 Replacement of s 144 (Chief executive may publish 8
information) 9
Section 144-- 10
omit, insert-- 11
144 Chief executive may publish information 12
(1) The chief executive may publish information 13
about plumbing and drainage work including, for 14
example, information about legislation and 15
technical standards for the work. 16
(2) For subsection (1), the chief executive may 17
publish the information in a way the chief 18
executive considers appropriate, including, for 19
example, on the internet. 20
Clause 55 Amendment of s 148 (Council members under the 21
repealed Act continue in office) 22
Section 148-- 23
insert-- 24
Note-- 25
The council was disestablished under the Professional 26
Engineers and Other Legislation Amendment Act 2014. 27
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 56]
Clause 56 Amendment of s 179 (Registrar and officers of former 1
board) 2
Section 179-- 3
insert-- 4
Note-- 5
The council and the office of registrar were disestablished 6
under the Professional Engineers and Other Legislation 7
Amendment Act 2014. 8
Clause 57 Insertion of new pt 10, div 11 9
Part 10-- 10
insert-- 11
Division 11 Transitional provisions for 12
Professional Engineers 13
and Other Legislation 14
Amendment Act 2014 15
Subdivision 1 Preliminary 16
191 Definitions for div 11 17
In this division-- 18
amended Act means this Act as amended by the 19
amending Act. 20
amending Act means the Professional Engineers 21
and Other Legislation Amendment Act 2014. 22
commencement means the commencement of 23
this section. 24
former council means the council established 25
under the unamended Act. 26
unamended Act means this Act as in force 27
immediately before the commencement. 28
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 57]
Subdivision 2 Dissolution of former 1
council 2
192 Dissolution 3
(1) On the commencement-- 4
(a) the former council ceases to exist; and 5
(b) the registrar and members of the former 6
council go out of office. 7
(2) In this section-- 8
registrar means the person holding the office of 9
registrar under the unamended Act immediately 10
before the commencement. 11
Subdivision 3 Transfer of matters to 12
QBCC 13
193 Agreements, assets, liabilities and rights 14
(1) On the commencement-- 15
(a) the former council's assets, liabilities and 16
rights vest in QBCC; and 17
(b) QBCC is substituted for the former council 18
in all agreements to which the former 19
council was a party immediately before the 20
commencement. 21
(2) Without limiting subsection (1), any amounts 22
payable to the former council immediately before 23
the commencement are, on the commencement, 24
taken to be payable to QBCC. 25
(3) In this section-- 26
agreement includes a lease, undertaking and 27
contractual arrangement. 28
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 57]
194 Pending applications 1
(1) This section applies to an application made but 2
not finally decided or withdrawn before the 3
commencement-- 4
(a) under the unamended Act to the former 5
council; or 6
(b) by the former council to QCAT. 7
(2) On and from the commencement, the application 8
is taken to have been made-- 9
(a) if subsection (1)(a) applies--to the QBCC 10
commissioner under the amended Act; or 11
(b) if subsection (1)(b) applies--by the 12
commissioner to QCAT; 13
when it was made to or by the former council. 14
(3) For deciding the application, if the context 15
permits-- 16
(a) action taken by the former council before 17
the commencement in relation to the 18
application is action taken by the 19
commissioner; and 20
(b) the commissioner may be satisfied about a 21
matter merely because the former council 22
was satisfied about the matter under the 23
relevant provision of the unamended Act. 24
195 Pending legal proceedings 25
(1) A legal proceeding that has been started, or could 26
have been started, by or against the former 27
council before the commencement may be started 28
or continued by or against the QBCC 29
commissioner. 30
(2) In this section-- 31
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 57]
legal proceeding means a proceeding before a 1
court or tribunal. 2
196 Ministerial directions to former council 3
(1) This section applies to a Ministerial direction 4
given before the commencement to the former 5
council under section 28 of the unamended Act. 6
(2) The Ministerial direction is, if the context 7
permits, taken to have been given to QBCC under 8
the QBCC Act, section 9. 9
197 Records of former council 10
(1) On the commencement, a record of the former 11
council becomes a record of QBCC. 12
(2) In this section-- 13
record includes a register kept by the former 14
council under the unamended Act. 15
198 Continuing appointment of investigators 16
(1) This section applies to a person appointed as an 17
investigator under section 33A of the unamended 18
Act. 19
(2) On and from the commencement, the person is 20
taken to have been appointed as an investigator 21
by the QBCC commissioner. 22
(3) Action taken for an investigation under the 23
unamended Act continues to have effect for the 24
purpose of the amended Act. 25
(4) Subsection (5) applies if, immediately before the 26
commencement-- 27
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 57]
(a) an identity card had been issued to the 1
person under section 33D of the unamended 2
Act; and 3
(b) the card had not expired according to its 4
terms. 5
(5) The card is taken to be an identity card issued to 6
the person by the commissioner until the earlier 7
of the following-- 8
(a) a new identity card is issued to the person by 9
the commissioner under the amended Act; 10
(b) the card expires according to its terms. 11
199 Pending disciplinary matters under pt 3, div 7 12
(1) This section applies if, before the 13
commencement-- 14
(a) the former council had given a licensee a 15
show cause notice under section 66 of the 16
unamended Act and had not yet made a 17
decision under section 69 of that Act; or 18
(b) a matter was referred to QCAT by the 19
former council under section 70A of the 20
unamended Act and the matter had not been 21
finally decided or withdrawn. 22
(2) On and from the commencement, the show cause 23
notice or referral of the matter is taken to have 24
been given or made by the QBCC commissioner 25
under the amended Act. 26
(3) For completing the matter-- 27
(a) steps taken by the former council before the 28
commencement in relation to the matter are 29
steps taken by the commissioner under the 30
amended Act; and 31
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
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[s 57]
(b) the commissioner may be satisfied about a 1
matter merely because the former council 2
was satisfied about the matter under the 3
unamended Act. 4
200 Other administrative matters 5
(1) Subsection (2) applies to each of the following 6
things in effect under the unamended Act 7
immediately before the commencement-- 8
(a) a direction or notice given by the chief 9
executive or former council; 10
Example-- 11
a show cause notice issued by the former council 12
under section 66 of the unamended Act 13
(b) a request, requirement or order made by the 14
chief executive or former council that has 15
not been fully complied with on the 16
commencement; 17
Example-- 18
a request of an applicant to provide the former 19
council with further information or evidence to 20
decide an application 21
(c) a certificate or licence issued by the former 22
council; 23
(d) a decision of the former council; 24
(e) an audit program prepared and approved by 25
the former council under section 33TB. 26
(2) The thing continues in effect as if it had been 27
given, issued, made, prepared or approved by the 28
QBCC commissioner when the thing first took 29
effect. 30
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 2 Amendment of Plumbing and Drainage Act 2002
[s 57]
Subdivision 4 Review of particular 1
decisions 2
201 Pending reviews of particular decisions 3
(1) This section applies if, before the 4
commencement-- 5
(a) an application for review of a relevant 6
decision had been made but not decided or 7
otherwise finally dealt with; or 8
(b) the period in which a person was entitled to 9
apply under the unamended Act for review 10
of a relevant decision had started but not 11
ended. 12
(2) The review of the relevant decision may be 13
completed, or started and completed, as if-- 14
(a) the unamended Act continued to apply; and 15
(b) the QBCC Act, part 7, division 3 did not 16
apply for review of the decision. 17
(3) In this section-- 18
relevant decision means a decision under section 19
40, 59 or 68. 20
Subdivision 5 Other matters 21
202 References to former council 22
In an Act or document, a reference to the former 23
council may, if the context permits, be taken to be 24
a reference to the QBCC commissioner. 25
203 Effect on legal relationships 26
(1) Nothing done under the amendments to this Act 27
under the amending Act (the Act amendments)-- 28
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 57]
(a) makes a relevant entity in breach of any 1
instrument, including an instrument 2
prohibiting, restricting or regulating the 3
assignment, novation or transfer of a right or 4
liability or the disclosure of information; or 5
(b) except as provided for under the Act 6
amendments, is taken to fulfil a condition 7
that-- 8
(i) terminates, or allows a person to 9
terminate, an instrument or obligation; 10
or 11
(ii) modifies, or allows a person to modify, 12
the operation or effect of an instrument 13
or obligation; or 14
(iii) allows a person to avoid or enforce an 15
obligation or liability contained in an 16
instrument or requires a person to 17
perform an obligation contained in an 18
instrument; or 19
(iv) requires any money to be paid before 20
its stated maturity. 21
(2) If, apart from this subsection, the advice, consent 22
or approval of a person would be necessary to do 23
something under the Act amendments, the advice 24
is taken to have been obtained or the consent or 25
approval is taken to have been given 26
unconditionally. 27
(3) If, apart from this Act, giving notice to a person 28
would be necessary to do something under the 29
Act amendments, the notice is taken to have been 30
given. 31
(4) In this section-- 32
relevant entity means-- 33
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 2 Amendment of Plumbing and Drainage Act 2002
[s 58]
(a) the State or an employee or agent of the 1
State; or 2
(b) QBCC, or a member or relevant officer of 3
QBCC. 4
204 Transitional regulation-making power 5
(1) A regulation (a transitional regulation) may 6
make provision of a saving or transitional nature 7
for which-- 8
(a) it is necessary to make provision to allow or 9
facilitate the doing of anything to achieve 10
the transition from the operation of this Act 11
as in force immediately before the 12
commencement to the operation of this Act 13
on or after the commencement; and 14
(b) this division does not make provision or 15
sufficient provision. 16
(2) A transitional regulation may have retrospective 17
operation to a day not earlier than the day of the 18
commencement. 19
(3) A transitional regulation must declare it is a 20
transitional regulation. 21
(4) This section and any transitional regulation 22
expire 1 year after the day of the commencement. 23
Clause 58 Amendment of sch (Dictionary) 24
(1) Schedule, definitions chairperson, council, deputy 25
chairperson, deputy member, member, original decision and 26
registrar-- 27
omit. 28
(2) Schedule-- 29
insert-- 30
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 2 Amendment of Plumbing and Drainage Act 2002
[s 58]
QBCC means the Queensland Building and 1
Construction Commission established under the 2
QBCC Act, section 5. 3
QBCC Act means the Queensland Building and 4
Construction Commission Act 1991. 5
QBC board means the Queensland Building and 6
Construction Board established under the QBCC 7
Act, section 10. 8
QBCC commissioner means the commissioner 9
of QBCC. 10
(3) Schedule, definition approved form, after `chief executive'-- 11
insert-- 12
or the QBCC commissioner 13
(4) Schedule, definition information notice, paragraph (a), from 14
`of the council' to `for the decision, and'-- 15
omit, insert-- 16
of the QBCC commissioner under part 3, a notice 17
(5) Schedule, definition information notice, paragraph (a)(i) to 18
(iv)-- 19
renumber as paragraph (a)(v) to (viii). 20
(6) Schedule, definition information notice, paragraph (a)-- 21
insert-- 22
(i) the decision; 23
(ii) the reasons for it; 24
(iii) that the person to whom the notice is 25
given may, within 28 days after the 26
person is given the notice-- 27
(A) apply to QBCC for internal review 28
of the decision under the QBCC 29
Act, part 7, division 3; or 30
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 59]
(B) apply to QCAT for external 1
review of the decision under the 2
QBCC Act, part 7, division 3; 3
(iv) how to apply for review of the 4
decision; 5
Part 3 Amendment of Queensland 6
Building and Construction 7
Commission Act 1991 8
Clause 59 Act amended 9
This part amends the Queensland Building and Construction 10
Commission Act 1991. 11
Clause 60 Amendment of s 56AC (Excluded individuals and 12
excluded companies) 13
(1) Section 56AC(5) and (6)-- 14
omit, insert-- 15
(5) An excluded individual for a relevant event does 16
not also become an excluded individual for 17
another relevant event if the commission is 18
satisfied that both events are consequences 19
flowing from what is, in substance, the one set of 20
circumstances. 21
(2) Section 56AC(7)-- 22
renumber as section 56AC(6). 23
Clause 61 Amendment of s 56AD (Becoming a permitted individual) 24
(1) Section 56AD(8), from `application, that'-- 25
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Professional Engineers and Other Legislation Amendment Bill 2014
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 62]
omit, insert-- 1
application, that-- 2
(a) section 56AC(5) applies to the individual for 3
the relevant event; or 4
(b) the individual took all reasonable steps to 5
avoid the coming into existence of the 6
circumstances that resulted in the happening 7
of the relevant event. 8
(2) Section 56AD(8A), `In'-- 9
omit, insert-- 10
For subsection (8)(b), in 11
Clause 62 Insertion of new pt 7, div 3, sdiv 1 12
Part 7, division 3, before section 86-- 13
insert-- 14
Subdivision 1 Internal review 15
85A Definitions for sdiv 1 16
In this subdivision-- 17
internal review application means an application 18
for review under this subdivision. 19
internal review decision see section 86C(1). 20
reviewable decision see section 86. 21
Clause 63 Amendment of s 86 (Reviewable decisions) 22
(1) Section 86(1), from `The' to `decisions of the commission'-- 23
omit, insert-- 24
Each of the following decisions of the commission 25
under this Act is a reviewable decision 26
(2) Section 86(2) to (4)-- 27
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 64]
omit, insert-- 1
(2) Also, a decision of the commissioner under any 2
of the following provisions is a reviewable 3
decision-- 4
(a) the Building Act 1975, section 157, 169, 5
177, 204, 246BJ, 246BP, 246BT, 246BZ or 6
246CY; 7
(b) the Plumbing and Drainage Act 2002, 8
section 40, 59 or 68. 9
Clause 64 Insertion of new ss 86A-86F 10
After section 86-- 11
insert-- 12
86A Who may apply for internal review 13
(1) A person who is given, or is entitled to be given, 14
notice of a reviewable decision may apply to the 15
commission to have the decision reviewed. 16
(2) However, subsection (1) does not apply if the 17
person has applied to the tribunal for a review of 18
the reviewable decision under subdivision 2. 19
(3) Also, if-- 20
(a) the person applies for an internal review of 21
the reviewable decision; and 22
(b) before the application is decided, the person 23
applies to the tribunal for review of the 24
reviewable decision under subdivision 2; 25
the application for internal review of the decision 26
lapses. 27
86B Requirements for making application 28
An internal review application must-- 29
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Professional Engineers and Other Legislation Amendment Bill 2014
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Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 64]
(a) be made within the following period-- 1
(i) 28 days after the applicant is given 2
notice of the reviewable decision to 3
which the application relates or 4
otherwise becomes aware of the 5
decision; or 6
(ii) a longer period allowed by the 7
commission, whether before or after 8
the end of the 28-day period mentioned 9
in subparagraph (i); and 10
(b) be lodged at an office of the commission. 11
86C Internal review decision 12
(1) If an internal review application is made under 13
section 86B, the commission must, as soon as 14
practicable but within the required period, make a 15
new decision (the internal review decision) as if 16
the reviewable decision the subject of the 17
application had not been made. 18
(2) For subsection (1), the required period is-- 19
(a) 28 days after the internal review application 20
is made; or 21
(b) a longer period agreed to by the applicant. 22
(3) However, if the commission does not decide the 23
application within the required period, the 24
commission is taken to have made an internal 25
review decision at the end of the required period 26
that is the same as the reviewable decision. 27
(4) The application must not be dealt with by-- 28
(a) the person who made the reviewable 29
decision; or 30
(b) a person in a less senior office than the 31
person who made the reviewable decision. 32
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Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
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[s 64]
(5) Subsection (4)-- 1
(a) applies despite the Acts Interpretation Act 2
1954, section 27A; and 3
(b) does not apply to a reviewable decision 4
made by the commissioner personally. 5
86D Notice of internal review decision 6
(1) As soon as practicable after an internal review 7
decision is made, or is taken to have been made, 8
under section 86C, the commission must give the 9
applicant and any other person affected by the 10
decision written notice (the review notice) of the 11
decision. 12
(2) The review notice must state-- 13
(a) the decision; and 14
(b) the reasons for the decision; and 15
(c) that the person may, if dissatisfied with the 16
internal review decision, within 28 days 17
after the person is given the notice apply to 18
the tribunal for external review of the 19
decision under subdivision 2; and 20
(d) how to apply for review of the decision. 21
Subdivision 2 External review 22
86E Definition for sdiv 2 23
In this subdivision-- 24
reviewable decision means-- 25
(a) a reviewable decision within the meaning of 26
subdivision 1, other than a decision that was 27
the subject of an internal review under 28
subdivision 1; or 29
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 64]
(b) an internal review decision within the 1
meaning of subdivision 1. 2
86F Decisions that are not reviewable decisions 3
(1) The following decisions of the commission under 4
this Act are not reviewable decisions under this 5
subdivision-- 6
(a) a decision to recover an amount under 7
section 71; 8
(b) a decision to direct rectification or 9
completion of tribunal work by a building 10
contractor and any finding by the 11
commission in arriving at the decision if-- 12
(i) 28 days have elapsed from the date the 13
direction to rectify or complete was 14
served on the building contractor and 15
the contractor has not, within that time, 16
applied to the tribunal for a review of 17
the decision; and 18
(ii) the commission has-- 19
(A) started a disciplinary proceeding 20
against the building contractor by 21
an application under division 4; or 22
(B) served a notice on the building 23
contractor advising a claim under 24
the statutory insurance scheme 25
has been approved in relation to 26
tribunal work stated in the 27
direction; or 28
(C) started a prosecution, or served an 29
infringement notice, for an 30
offence against section 72(10); 31
(c) a decision about the scope of works to be 32
undertaken under the statutory insurance 33
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 65]
scheme to rectify or complete tribunal work 1
if 28 days have elapsed since the decision 2
was served on the building contractor and 3
the contractor has not, within that time, 4
applied to the tribunal for a review of the 5
decision. 6
(2) Also, a decision of the commissioner to issue an 7
infringement notice for an offence against this 8
Act, the Building Act 1975 or the Plumbing and 9
Drainage Act 2002 is not a reviewable decision 10
under this subdivision. 11
Clause 65 Insertion of new s 87AA 12
Part 7, division 3, subdivision 2-- 13
insert-- 14
87AA Decision of tribunal on review of particular 15
reviewable decisions 16
(1) Subsection (2) applies if-- 17
(a) an application is made to the tribunal for a 18
review of a reviewable decision mentioned 19
in section 86(1)(n); and 20
(b) the tribunal is, after reviewing the matters 21
mentioned in section 67AH(1)(a) and (b), 22
67AI(1)(a) and (b), 67AL(1)(a) and (b) or 23
67AM(1)(a) and (b), satisfied that an 24
individual is a banned individual. 25
(2) The tribunal may not vary the term of ban 26
applying to the individual if it has been correctly 27
calculated under section 67AO. 28
(3) Subsection (4) applies if-- 29
(a) an application is made to the tribunal for a 30
review of a reviewable decision mentioned 31
in section 86(1)(p); and 32
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Professional Engineers and Other Legislation Amendment Bill 2014
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[s 66]
(b) the tribunal is, after reviewing the matters 1
mentioned in section 67AZF(1), 67AZG(1), 2
67AZJ(1)(a) and (b) or 67AZK(1)(a) and 3
(b), satisfied that an individual is a 4
disqualified individual. 5
(4) The tribunal may not vary the term of 6
disqualification applying to the individual if it 7
has been correctly calculated under section 8
67AZM. 9
Clause 66 Insertion of new pt 9A 10
After section 108-- 11
insert-- 12
Part 9A Transfer of particular 13
assets, liabilities and 14
employees 15
108AA Relevant entity 16
(1) Each of the following entities is a relevant 17
entity-- 18
(a) the commission; 19
(b) the department administering this Act; 20
(c) an entity prescribed by regulation for this 21
section. 22
(2) However, the regulation may only prescribe-- 23
(a) a department; or 24
(b) an entity established under an Act; or 25
(c) an entity ultimately owned by a relevant 26
entity or the State. 27
Page 64
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 66]
108AB Transfer of assets, liabilities etc. to relevant 1
entity 2
(1) A regulation (a transfer regulation) may make 3
provision about all or any of the following for a 4
relevant entity-- 5
(a) the transfer of an asset or liability of the 6
relevant entity to another relevant entity; 7
(b) the consideration for an asset or liability 8
transferred under paragraph (a); 9
(c) whether and, if so, the extent to which the 10
relevant entity is the successor in law of 11
another relevant entity; 12
(d) a legal proceeding that is being, or may be, 13
taken by or against the relevant entity to be 14
continued or taken by or against another 15
relevant entity; 16
(e) the transfer of an employee of the relevant 17
entity to another relevant entity; 18
(f) the employees of the relevant entity 19
transferred under paragraph (e), and their 20
terms and conditions of employment, rights 21
and entitlements; 22
(g) the application of a particular industrial 23
instrument to-- 24
(i) the employees mentioned in paragraph 25
(f); or 26
(ii) the relevant entity to which the 27
employees mentioned in paragraph (f) 28
are transferred; or 29
(iii) other employees of the relevant entity 30
mentioned in subparagraph (ii). 31
(2) A transfer regulation-- 32
Page 65
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 66]
(a) may transfer an asset attached to land 1
without transferring the land, even though 2
the asset would otherwise be a part of the 3
land; and 4
(b) has effect despite any other law or 5
instrument; and 6
(c) may provide for a matter by reference to a 7
document held by an entity. 8
(3) To remove any doubt it is declared that a transfer 9
regulation applies despite-- 10
(a) the Industrial Relations Act 1999; and 11
(b) any industrial instrument. 12
(4) A transfer regulation may make provision about 13
an accounting treatment in relation to a matter 14
mentioned in subsection (1). 15
108AC Rights of transferred employees etc. 16
(1) This section applies if there is a transfer of an 17
employee (a transferred employee) from a 18
relevant entity (the transferor) to another 19
relevant entity (the transferee) under a transfer 20
regulation made under section 108AB. 21
(2) The transfer does not-- 22
(a) reduce the transferred employee's total 23
remuneration; or 24
(b) prejudice the transferred employee's 25
existing or accruing rights to superannuation 26
or recreation, sick, long service or other 27
leave; or 28
(c) affect a right or entitlement of the 29
transferred employee to be employed as a 30
public service employee accrued-- 31
Page 66
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 3 Amendment of Queensland Building and Construction Commission Act 1991
[s 66]
(i) immediately before the 1
commencement of this section; or 2
(ii) before, on or after the commencement 3
of this section; or 4
(iii) before, on or after the commencement 5
of this section under the Public Service 6
Act 2008, section 123; or 7
(d) interrupt continuity of service, except that 8
the transferred employee is not entitled to 9
claim the benefit of a right or entitlement 10
more than once for the same period of 11
service; or 12
(e) constitute a termination, retrenchment or 13
redundancy of the transferred employee's 14
employment by the transferor; or 15
(f) entitle the transferred employee to a 16
payment or other benefit merely because he 17
or she is no longer employed by the 18
transferor; or 19
(g) require the transferor to make any payment 20
to the transferred employee for the 21
transferred employee's accrued rights to 22
recreation, sick, long service or other leave 23
irrespective of any arrangement between the 24
transferor and the transferred employee. 25
(3) The transfer has effect despite any other contract, 26
law or instrument. 27
(4) If the transfer regulation provides for the 28
application of a particular industrial instrument to 29
an employee of the transferee (other than a 30
transferred employee), the provision does not 31
reduce the employee's total remuneration. 32
Page 67
Professional Engineers and Other Legislation Amendment Bill 2014
Chapter 3 Amendments of other Acts
Part 4 Minor and consequential amendments
[s 67]
Clause 67 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2-- 2
insert-- 3
internal review application, for part 7, division 4
3, subdivision 1, see section 85A. 5
internal review decision, for part 7, division 3, 6
subdivision 1, see section 86C(1). 7
relevant entity, for part 9A, see section 8
108AA(1). 9
reviewable decision-- 10
(a) for part 7, division 3, subdivision 1, see 11
section 86; or 12
(b) for part 7, division 3, subdivision 2, see 13
section 86E. 14
(2) Schedule 2, definition excluded company, `56AC(7)'-- 15
omit, insert-- 16
56AC(6) 17
Part 4 Minor and consequential 18
amendments 19
Clause 68 Acts amended by sch 1 20
Schedule 1 amends the Acts mentioned in it. 21
Page 68
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 68 3
Building Act 1975 4
1 Section 158(2)-- 5
insert-- 6
Note-- 7
For reviews of the decision, see the QBCC Act, part 7, division 8
3. 9
2 Section 164-- 10
insert-- 11
Note-- 12
For reviews of the decision, see the QBCC Act, part 7, division 13
3. 14
3 Section 170(2)-- 15
insert-- 16
Note-- 17
For reviews of the decision, see the QBCC Act, part 7, division 18
3. 19
4 Section 178(2)-- 20
insert-- 21
Note-- 22
For reviews of the decision, see the QBCC Act, part 7, division 23
3. 24
Page 69
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
5 Section 204(2)-- 1
insert-- 2
Note-- 3
For reviews of the decision, see the QBCC Act, part 7, division 4
3. 5
6 Section 204(5)(a)-- 6
insert-- 7
Note-- 8
For reviews of the decision, see the QBCC Act, part 7, division 9
3. 10
7 Section 246BJ(5)-- 11
insert-- 12
Note-- 13
For reviews of the decision, see the QBCC Act, part 7, division 14
3. 15
8 Section 246BK(2)-- 16
insert-- 17
Note-- 18
For reviews of the decision, see the QBCC Act, part 7, division 19
3. 20
9 Section 246BP(4)-- 21
insert-- 22
Note-- 23
For reviews of the decision, see the QBCC Act, part 7, division 24
3. 25
10 Section 246BQ(2)-- 26
insert-- 27
Page 70
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
Note-- 1
For reviews of the decision, see the QBCC Act, part 7, division 2
3. 3
11 Section 246BT(4)-- 4
insert-- 5
Note-- 6
For reviews of the decision, see the QBCC Act, part 7, division 7
3. 8
12 Section 246BU(2)-- 9
insert-- 10
Note-- 11
For reviews of the decision, see the QBCC Act, part 7, division 12
3. 13
13 Section 246CA(2)-- 14
insert-- 15
Note-- 16
For reviews of the decision, see the QBCC Act, part 7, division 17
3. 18
14 Section 246CY(2)-- 19
insert-- 20
Note-- 21
For reviews of the decision, see the QBCC Act, part 7, division 22
3. 23
15 Section 246CY(6)(a)-- 24
insert-- 25
Note-- 26
For reviews of the decision, see the QBCC Act, part 7, division 27
3. 28
Page 71
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
16 Replacement of references in relation to dissolution of 1
PSC 2
The provisions mentioned in column 1 are amended by omitting 3
the words mentioned in column 2 and inserting the words 4
mentioned in column 3-- 5
column 1 column 2 column 3
provisions amended words omitted words inserted
section 239, heading chief executive QBCC commissioner
section 239(1) and (2)(a) chief executive QBCC commissioner
section 243, heading chief executive QBCC commissioner
section 243(1) chief executive QBCC commissioner
section 243(2)(a) chief executive commissioner
section 245F, heading chief executive QBCC commissioner
section 245F(1) chief executive QBCC commissioner
section 245F(2) and (3)(a) chief executive commissioner
section 245M(1) chief executive QBCC commissioner
section 245N, first chief executive QBCC commissioner
mention
section 245N, second chief executive commissioner
mention
section 245O(1) chief executive QBCC commissioner
section 245O(2) to (4) chief executive commissioner
section 245Q(1) chief executive QBCC commissioner
section 245Q(2), (3), (5) chief executive commissioner
and (6)
section 245R(2) chief executive QBCC commissioner
section 245S(1) chief executive QBCC commissioner
section 245UA, heading Chief executive QBCC commissioner
Page 72
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 245UA(1) chief executive QBCC commissioner
section 245UA(2) chief executive commissioner
section 245UA(2) chief executive's commissioner's
section 246AC(6)(a), first PSC the QBCC
mention commissioner
section 246AC(6)(a), PSC the commissioner
second mention
section 246AC(6)(b) PSC the commissioner
section 246AF(3) chief executive QBCC commissioner
section 246AF(4) chief executive commissioner
section 246AIB, heading chief executive QBCC commissioner
section 246AIB(1), first chief executive QBCC commissioner
mention
section 246AIB(1), chief executive commissioner
second mention
section 246AJ(1) PSC The QBCC
commissioner
section 246AM(2), first chief executive QBCC commissioner
mention
section 246AM(2), second chief executive commissioner
mention
section 246AP(2), first chief executive QBCC commissioner
mention
section 246AP(2), second chief executive commissioner
mention
section 246AQ(1), first chief executive QBCC commissioner
mention
Page 73
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 246AQ(1), second chief executive commissioner
mention
section 246AR(2), first chief executive QBCC commissioner
mention
section 246AR(2), second chief executive commissioner
mention
section 246AS(1) chief executive QBCC commissioner
section 246AS(2) chief executive commissioner
section 246ATF(b)(ii) chief executive QBCC commissioner
section 246ATF(c)(iii) chief executive commissioner
section 246ATI(2)(c) chief executive QBCC commissioner
section 246AZ(1) chief executive QBCC commissioner
section 246BH(1) PSC the QBCC
commissioner
section 246BH(2) PSC the commissioner
section 246BH(2)(b) chief executive commissioner
section 246BI(1)(a) PSC the QBCC
commissioner
section 246BI(1)(c)(v) chief executive commissioner
section 246BJ(1) PSC the QBCC
commissioner
section 246BJ(2) and (5) PSC the commissioner
section 246BJ(3) PSC The commissioner
section 246BJ(4) PSC is The commissioner is
section 246BJ(4) if PSC if the commissioner
section 246BK(1) PSC the QBCC
commissioner
Page 74
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 246BK(2) PSC the commissioner
section 246BM PSC The QBCC
commissioner
section 246BN PSC the QBCC
commissioner
section 246BP(1) PSC the QBCC
commissioner
section 246BP(2), (3) PSC the commissioner
second mention and (4)
section 246BP(3) first PSC The commissioner
mention
section 246BQ(1) PSC the QBCC
commissioner
section 246BQ(2) PSC the commissioner
section 246BR PSC the QBCC
commissioner
section 246BT(1) PSC the QBCC
commissioner
section 246BT(2) and (4) PSC the commissioner
section 246BT(3) PSC The commissioner
section 246BU(1) PSC the QBCC
commissioner
section 246BU(2) PSC the commissioner
chapter 8, part 6, division PSC's QBCC commissioner's
4, subdivision 1, heading
section 246BV(1) PSC The QBCC
commissioner
section 246BV(2) and (3) PSC the commissioner
and note
Page 75
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 246BX(1) and PSC the QBCC
246BY(1) commissioner
section 246BY(2) PSC The commissioner
section 246BZ(1) PSC the QBCC
commissioner
section 246BZ(2) PSC the commissioner
section 246CA(1) PSC the QBCC
commissioner
section 246CA(2) PSC the commissioner
section 246CB(1) PSC The QBCC
commissioner
section 246CB(2) and (3) PSC the commissioner
section 246CD(1) PSC the QBCC
commissioner
section 246CD(2) and (3) PSC the commissioner
section 246CE(1) PSC the QBCC
commissioner
section 246CE(2) PSC the commissioner
section 246CF(2) PSC the QBCC
commissioner
section 246CG(1) PSC the QBCC
commissioner
section 246CG(2) PSC The commissioner
section 246CH, heading PSC QBCC commissioner
section 246CH(2), first PSC The QBCC
mention commissioner
section 246CH(2), second PSC the commissioner
mention
Page 76
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 246CI PSC the QBCC
commissioner
section 246CK(1) PSC the QBCC
commissioner
section 246CK(3), first PSC The commissioner
mention, and (4) to (6)
section 246CK(3), second PSC the commissioner
mention
section 246CK(6) PSC's the commissioner's
section 246CL(1), first PSC the QBCC
mention commissioner
section 246CL(1)(b) and PSC the commissioner
(3)
section 246CM, heading PSC QBCC commissioner
section 246CM(1), first PSC the QBCC
mention commissioner
section 246CM(1), second PSC the commissioner
mention, (1)(a) and (1)(e),
and (2), second mention
section 246CM(2), first PSC The commissioner
mention
section 246CN(2)(d) PSC the QBCC
commissioner
section 246CN(3) PSC the commissioner
section 246CO(1)(a) PSC the QBCC
commissioner
section 246CO(1)(b) and PSC the commissioner
(4)
section 246CO(2) and (3) PSC The commissioner
Page 77
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 246CP, heading PSC QBCC commissioner
section 246CP(1), first PSC the QBCC
mention commissioner
section 246CP(1), second PSC the commissioner
and third mentions
section 246CQ(1) PSC The QBCC
commissioner
section 246CV(1) PSC the QBCC
commissioner
section 246CV(2)(b) PSC the commissioner
section 246CW(1) and PSC the QBCC
246CX(1) commissioner
section 246CX(2) PSC the commissioner
section 246CY(1) PSC the QBCC
commissioner
section 246CY(2) and (6) PSC The commissioner
section 246CY(3) to (5) PSC the commissioner
and (7)
section 246CZ, heading PSC's QBCC commissioner's
section 246CZ(1) PSC's the QBCC
commissioner's
section 246DA(1) and PSC the QBCC
246DC(2)(f) commissioner
section 246DC(2)(i) PSC the commissioner
section 246DD(2)(a) PSC the QBCC
commissioner
section 246DD(2)(b) and PSC the commissioner
(c)
Page 78
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 246DG, heading PSC QBCC commissioner
section 246DG(1) PSC The QBCC
commissioner
section 246DG(2) PSC The commissioner
section 246DG(2) the department's QBCC's
section 260(1) Queensland Building QBCC Act
and Construction
Commission Act 1991
section 260(2) commissioner for QBCC commissioner
QBCC
schedule 2, definition PSC the QBCC
approved training course commissioner
schedule 2, definition PSC the QBCC
decision period, commissioner
paragraph (b), first
mention
schedule 2, definition PSC the commissioner
decision period,
paragraph (b)(ii)
schedule 2, definition PSC the QBCC
ground for disciplinary commissioner
action, paragraph (e)
schedule 2, definition pool chief executive the QBCC
safety inspector test commissioner
Page 79
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
Plumbing and Drainage Act 2002 1
1 Section 42(2)-- 2
insert-- 3
Note-- 4
For reviews of the decision, see the QBCC Act, part 7, division 5
3. 6
2 Section 59(4)(b)-- 7
insert-- 8
Note-- 9
For reviews of the decision, see the QBCC Act, part 7, division 10
3. 11
3 Section 69(2)-- 12
insert-- 13
Note-- 14
For reviews of the decision, see the QBCC Act, part 7, division 15
3. 16
4 Replacement of references in relation to dissolution of 17
council 18
The provisions mentioned in column 1 are amended by 19
omitting the words mentioned in column 2 and inserting the 20
words mentioned in column 3-- 21
column 1 column 2 column 3
provisions amended words omitted words inserted
section 33C(3), definition chief executive QBCC commissioner
signed notice
section 33D(1) chief executive QBCC commissioner
section 33G chief executive QBCC commissioner
Page 80
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 33H chief executive QBCC commissioner
part 2, division 8, Council audit Audit
subdivision 3A, heading
section 33TA, definition council QBCC commissioner
approved audit program
section 33TC(1) chief executive QBCC commissioner
section 33TC(1) and (4) the department's QBCC's
section 33TC(4) chief executive commissioner
section 33TD(1)(b), first council QBCC commissioner
mention
section 33TD(1)(b), council commissioner
second mention, (2) and
(3)
section 33TF(1)(a) the council the QBCC
commissioner
section 33TF(1)(b) and (2)the council the commissioner
section 33V the State QBCC
section 33W, heading Council's obligation Obligation
section 33W(1), first council QBCC commissioner
mention
section 33W(1)(b)(ii) and council commissioner
(2)
section 34(1) council QBCC commissioner
section 34(2) council commissioner
sections 36 and 37 council QBCC commissioner
section 38(1), first council QBCC commissioner
mention
Page 81
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 38(1)(b), (2) and council commissioner
(5)
section 39(1) council QBCC commissioner
section 39(2) to (4) and council commissioner
(5), definition final
consideration day
section 40(1) council QBCC commissioner
section 40(2) council commissioner
section 41(1), first council QBCC commissioner
mention
section 41(1), second council commissioner
mention, and (2)
section 42(1) council QBCC commissioner
section 42(2) and (3) council commissioner
section 43(1), first council QBCC commissioner
mention
section 43(1), second council commissioner
mention, (2) and (3)
section 46, heading Council QBCC commissioner
section 46(1)(b) council QBCC commissioner
section 46(1)(d) and (2) council commissioner
sections 47 and 48(1) council QBCC commissioner
sections 48(2) and (3) council commissioner
section 50(1) council QBCC commissioner
section 50(3) council commissioner
sections 51(1), 52(1), 53 council QBCC commissioner
and 55(1)
Page 82
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 55(5) council commissioner
sections 56(1) council QBCC commissioner
section 56(2) council commissioner
section 57, heading Council's QBCC commissioner's
section 57(1), first council QBCC commissioner
mention
section 57(1)(b), (2) and council commissioner
(3)
section 58(3) council QBCC commissioner
section 58(5) council commissioner
sections 59(1) council QBCC commissioner
sections 59(2) to (5) council commissioner
sections 60(1) council QBCC commissioner
sections 60(2) and (3) council commissioner
section 61, heading and council QBCC commissioner
(1), first mention
section 61(1), second council commissioner
mention, (2) and (3)
section 62, heading and council QBCC commissioner
(1), first mention
section 62(1), second council commissioner
mention and (2) and (3)
section 63(2) council QBCC commissioner
section 63(3) council commissioner
section 64, first mention council QBCC commissioner
section 64, second council commissioner
mention and (g)
Page 83
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
part 3, division 7, council QBCC commissioner
subdivision 2, heading
section 65, heading and council QBCC commissioner
(1), first mention
section 65(1)(e), (2) and council commissioner
(3)
section 66(1), first council QBCC commissioner
mention
section 66(1), second council commissioner
mention
section 67(1) council QBCC commissioner
sections 67(2) and (3) council commissioner
section 68, heading Council QBCC commissioner
section 68 council QBCC commissioner
section 69, heading Council QBCC commissioner
section 69(1), first council QBCC commissioner
mention
section 69(1), second council commissioner
mention and (2)
section 70 council QBCC commissioner
section 70A, heading Council QBCC commissioner
section 70A(1) council QBCC commissioner
section 70A(2) council commissioner
section 70C council QBCC commissioner
section 71, heading and council QBCC commissioner
(1), first mention
Page 84
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
section 71(1), second council commissioner
mention and (2)
section 72(1) council QBCC commissioner
section 72(2) and (3) council commissioner
section 73(1) council QBCC commissioner
section 73(2) and (4) council commissioner
sections 74 and 75(2) council QBCC commissioner
section 75(3) council commissioner
section 76(2) council QBCC commissioner
section 76(3) to (5) council commissioner
section 77 council QBCC commissioner
section 87(3) council QBCC commissioner
section 87(9), (10) and council commissioner
(12)
section 87A(1) chief executive QBCC commissioner
section 87A(2) council commissioner
section 87B(1) council QBCC commissioner
section 87B(2) council commissioner
section 107(2)(a) council QBCC commissioner
section 107(2)(b) council commissioner
sections 128RA and 128S council QBCC commissioner
schedule, definition council's functions QBCC commissioner's
foreign licensing functions relating to
authority, paragraph (b) plumbing and drainage
Page 85
Professional Engineers and Other Legislation Amendment Bill 2014
Schedule 1
column 1 column 2 column 3
schedule, definition council's functions QBCC commissioner's
interstate or the New functions relating to
Zealand licensing plumbing and drainage
authority
schedule, definition council QBCC commissioner
review period
5 Amendment of cross references 1
The following provisions are amended by omitting `division 8' and 2
inserting `division 2'-- 3
· schedule, definition approved audit program 4
· schedule, definition employed licensee 5
· schedule, definition relevant person. 6
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 86
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