Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 9A

9A Meaning of project trust subcontract

(1) A subcontract for a project trust contract is a
"project trust subcontract" if, when the subcontract is entered into—

(a) the subcontract is a first tier subcontract for the contract; and

(b) the subcontracted work under the subcontract is or includes 1 or more of the following—

(i) architectural services;

(ii) contractor or trade work;

(iii) a professional engineering service;

(iv) services or work prescribed by regulation for this paragraph; and

(c) the subcontract is not excluded by regulation from being a project trust subcontract.

(2) A subcontract does not cease to be a project trust subcontract because of—

(a) an amendment of the subcontract; or

(b) an amendment of subsection (1) or a regulation made for subsection (1) .

(3) If a contract becomes a project trust contract after it is entered into, a subcontract of the contract then in existence becomes a project trust subcontract if it would have been a project trust subcontract had it been entered into when the contract became a project trust contract.

(4) A subcontract that was not, at the time it was entered into, a project trust subcontract becomes a project trust subcontract if—

(a) the subcontract is amended; and

(b) the subcontract would have been a project trust subcontract had it been entered into in its amended form, including any earlier amendments, at the time it was amended.

(5) In this section—

"architectural services" see the Architects Act 2002 , schedule 2 .

"contractor or trade work" means—

(a) work for which the subcontractor holds, or is required to hold, a licence under any of the following—

(i) the Building Act 1975 ;

(ii) the Electrical Safety Act 2002 ;

(iii) the Plumbing and Drainage Act 2018 ;

(iv) the Queensland Building and Construction Commission Act 1991 ;

(v) a regulation made under the Work Health and Safety Act 2011 ;

(vi) an Act or regulation prescribed by regulation for this paragraph; or

(b) work prescribed by regulation to be contractor or trade work.

"professional engineering service" see the Professional Engineers Act 2002 , schedule 2 .