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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 8

Definitions for chapter

8 Definitions for chapter

In this chapter—

"amendment" , of a contract, includes a variation of the contract or a change in the contract price.

"approved financial institution" means a financial institution approved by the commissioner under section 55 .

"building" means a fixed structure that is wholly or partly enclosed by walls or is roofed.

"contract administration" , in relation to project trust work wholly or partly designed by a person, includes the following—

(a) preparing tender documentation and calling and selecting tenders;
(b) preparing, or helping the person’s clients with the preparation of, contracts;
(c) preparing additional documentation for the person’s clients or building contractors;
(d) arranging and conducting on-site meetings and inspections;
(e) arranging progress payments;
(f) arranging for certificates, including certificates from a local government, to be issued;
(g) providing advice and help to the person’s clients including during the maintenance period allowed under a contract.

"contracted party" , for a contract, means the party to the contract who is required to perform work under the contract, whether by—
(a) carrying out the work personally; or
(b) directly or indirectly causing the work to be carried out.

"contracted work" , for a contract, means the work required to be carried out under the contract.

"contracting party" , for a contract, means the party to the contract for whom the contracted work is to be carried out.

"contract price" see section 9 .

"hospital and health service" means a Hospital and Health Service established under the Hospital and Health Boards Act 2011 , section 17 .

"mechanical services work" see the Queensland Building and Construction Commission Act 1991 , schedule 2 .

"project trust contract" means a contract for which a project trust is required under section 12 .

"project trust subcontract" see section 9A .

"project trust work" see section 8A .

"protected work" ...

"State authority"
(a) means—
(i) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or by authority of the State for a public or State purpose; or
(ii) a corporation that is—
(A) owned or controlled by the State, a local government or an entity mentioned in subparagraph (i) ; and
(B) prescribed by regulation to be a State authority; or
(iii) a subsidiary of a corporation mentioned in subparagraph (ii) ; or
(iv) a part of an entity mentioned in subparagraphs (i) to (iii) ; or
(v) a hospital and health service; but
(b) does not include an entity prescribed by regulation not to be a State authority.

"trust records" means records required to be kept and retained under section 52 .

"variation" , of a contract, means an addition to, or an omission from, the contracted work.



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