Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 191

191 Enforcement action to comply with prescribed guidelines

(1) An entity considering taking enforcement action must consider a guideline, about taking enforcement action, prescribed by regulation.

(2) A failure to comply with subsection (1) does not invalidate or otherwise affect the enforcement action.

(3) Nothing in subsection (1) —

(a) affects the functions of Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 10 ; or

(b) affects the power of the Director of Public Prosecutions to act under the Director of Public Prosecutions Act 1984 , section 11 ; or

(c) prevents a person from complying with a guideline made by the Director of Public Prosecutions under the Director of Public Prosecutions Act 1984 , section 11 (1) .

(4) To the extent of any inconsistency between a guideline prescribed under subsection (1) and a guideline mentioned in subsection (3) (c) , the latter guideline prevails.

(5) In this section—

"enforcement action" means a proceeding for an offence against this Act or issuing an infringement notice for an offence against this Act.

"infringement notice" see the State Penalties Enforcement Act 1999 , schedule 2 .