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

Definitions for chapter

8 Definitions for chapter

In this chapter—

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

"building contract"

(a) means a contract or other arrangement for carrying out building work in Queensland (whether or not the contract or arrangement is also for other matters); but
(b) does not include a subcontract.

"building work"
(a) means—
(i) the erection or construction of a building; or
(ii) the renovation, alteration, extension, improvement or repair of a building; or
(iii) the provision of lighting, heating, ventilation, air-conditioning, water supply, sewerage or drainage in connection with a building; or
(iv) any site work (including the construction of retaining structures) related to work of a kind referred to above; or
(v) the preparation of plans or specifications for the performance of building work; or
(vi) contract administration carried out by a person in relation to the construction of a building designed by the person; or
(vii) fire protection work; or
(viii) carrying out a completed building inspection; or
(ix) the inspection or investigation of a building, and the provision of advice or a report, for termite management systems for the building or for termite infestation in the building; and
(b) includes work prescribed by regulation; and
(c) does not include work prescribed by regulation.

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

"contract price" see section 10 .

"disputed funds account" ...

"disputed funds trust account" see section 23 (1) (c) .

"fire protection work" see the Queensland Building and Construction Commission Act 1991 , schedule 2 .

"first tier subcontract" see section 6 (5) .

"general trust account" see section 23 (1) (a) .

"head contractor" means the party to a building contract who is required to carry out building work under the contract.

"maintenance work"
(a) means work required on an ongoing basis to—
(i) prevent deterioration or failure of a thing; or
(ii) restore a thing to its correct operating specifications; or
(iii) replace a component at the end of its working life; but
(b) does not include—
(i) improving a building to increase its capabilities or functions; or
(ii) improving a building to meet new statutory requirements applying to the building; or
(iii) a refurbishment or replacement of a building that extends the life of the building.

"payment dispute" see section 35 .

"principal" means the party to a building contract for whose benefit building work is to be carried out under the contract.

"project bank account" see section 9 (1) .

"related entity" see section 19 .

"retention account" ...

"retention trust account" see section 23 (1) (b) .

"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, owned or controlled by the State, a local government or an entity mentioned in subparagraph (i) , if declared 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) ; but
(b) does not include an entity prescribed by regulation.

"subcontractor beneficiary" , for a project bank account, means a subcontractor that—
(a) as a party to a subcontract for the building contract is required to carry out subcontracted work; and
(b) is a beneficiary of the project bank account.

"supplier" see section 11 .

"variation" , of a building contract, means an addition to, or an omission from, the building work required to be carried out under the contract.



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