Queensland Consolidated Acts

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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 147

Qualified persons

147 Qualified persons

(1) A person is a
"qualified person" for the purpose of certifying a notice of claim under section 122 if the person is—
(a) an architect registered under the Architects Act 2002 ; or
(b) a registered professional engineer under the Professional Engineers Act 2002 ; or
(c) a person licensed under the Queensland Building and Construction Commission Act 1991 to carry out or supervise work of the type to which the claim relates; or
(d) a quantity surveyor who is a member of the Australian Institute of Quantity Surveyors; or
(e) a person having expert knowledge of the work to which the claim relates and who is accepted in a particular case as a qualified person by the contractor and subcontractor.
(2) A person must not give a certificate for a claim that relates to any work if the person
(a) performed any of the work; or
(b) has a direct or indirect financial interest in the work.
(3) If a person gives a certificate for a claim in contravention of subsection (2) , the claim is of no effect and the relevant subcontractor’s charge does not attach.
(4) A person who gives a certificate for a claim does not have a financial interest in the work only because the person is paid a fee for giving the certificate.
(5) A person who gives a certificate for a claim does not incur civil liability by reason only of the giving of the certificate unless the person is convicted of fraud in relation to giving the certificate.



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