Queensland Consolidated Acts

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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991

- As at 17 December 2018
- Act 98 of 1991

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      (Repealed)
   3.      Objects of Act
   4.      Definitions
   4AA.    Who is an influential person for a company
   4A.     Value of building work carried out in stages
   4B.     Act binds all persons
   4C.     Certain building contractors not bound

   PART 2 - QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

           Division 1 - Establishment, functions and powers

   5.      Establishment and status
   6.      Constitution
   7.      Functions
   8.      Powers
   9.      Ministerial direction
   9A.     (Repealed)

           Division 2 - Queensland Building and Construction Board

              Subdivision 1 - Establishment and functions

   10.     Establishment
   10A.    (Repealed)
   11.     Functions

              Subdivision 2 - Membership

   12.     Appointment
   13.     Disqualification as member
   14.     Conditions of appointment
   15.     Term of appointment
   16.     Chairperson
   17.     Deputy chairperson
   18.     Resignation

              Subdivision 3 - (Repealed)

              Subdivision 4 - Business

   20.     Conduct of business
   20A.    Meetings
   20B.    Committees
   20C.    Disclosure of interests

           Division 3 - Commissioner

   20D.    Appointment
   20E.    Disqualification as commissioner
   20F.    Conditions of appointment
   20G.    Term of appointment
   20H.    Resignation
   20I.    Appointment of acting commissioner
   20J.    Role of the commissioner
   20K.    Relationship between commissioner and board
   20L.    Commissioner not to engage in other paid employment
   20M.    Conflicts of interest

           Division 4 - (Repealed)

           Division 5 - The insurance manager

   21.     Appointment of insurance manager
   22.     Role of insurance manager
   23.     (Repealed)
   24.     (Repealed)

           Division 6 - Financial provisions

   25.     General Statutory Fund
   26.     Insurance Fund
   26A.    Management of statutory insurance scheme
   27.     Application of financial Acts
   28.     Commission’s obligation to report suspected offence

           Division 7 - Other provisions

   28A.    Commission must give particular information to health and safety regulator
   28B.    Exchange of information between commission and relevant agencies
   29.     Commission may enter into work performance arrangements

   PART 2A - QUEENSLAND BUILDING AND CONSTRUCTION EMPLOYING OFFICE

           Division 1 - Establishment and functions of employing office

   29A.    Establishment of employing office
   29B.    Employing office represents the State
   29C.    Functions of employing office

           Division 2 - Executive officer

   29D.    Appointment of executive officer
   29E.    Executive officer acting for employing office

           Division 3 - Staff of employing office

   29F.    Employing office may employ staff
   29G.    Employing office may enter into work performance arrangements

           Division 4 - Other provisions

   29H.    Employing office is statutory body

   PART 3 - LICENSING

           Division 1 - Classes of licences

   30.     Classes of contractors’ licences
   30A.    Nominee supervisor’s licence
   30B.    Site supervisor’s licence
   30C.    Fire protection occupational licence

           Division 2 - Entitlement to licence

   31.     Entitlement to contractor’s licence
   31A.    No entitlement to contractor’s licence if particular partners
   32.     Entitlement to a nominee supervisor’s licence
   32AA.   Entitlement to a site supervisor’s licence
   32AB.   Entitlement to a fire protection occupational licence
   32A.    Exception for s 30(4) licences

           Division 3 - Grant of licence

   33.     Application for licence
   34.     Grant of licence

           Division 3A - Issue of PINs to licensees

   34A.    PINs

           Division 4 - Conditions of licence

   35.     Imposition of conditions etc. on grant of licence
   36.     Subsequent imposition of conditions etc.

           Division 5 - Renewal of licences

   37.     Period of renewal
   37A.    Commission to advise licensee before licence due for renewal
   37B.    Applications for renewal of licence
   37C.    (Repealed)
   38.     Suspension for non-payment of fee
   38A.    Receipt of fee does not revive licence

           Division 6 - Restoration of licences

   39.     Restoration of licence
   40.     (Repealed)
   41.     (Repealed)

           Division 7 - Requirement to be licensed

   42.     Unlawful carrying out of building work
   42A.    Exemption from s 42 for up to 6 months
   42B.    Carrying out building work without a nominee
   42C.    Unlawful carrying out of fire protection work
   42D.    Licensed contractor must not engage or direct unauthorised person for fire protection work
   42E.    Avoidance of contractual obligations causing significant financial loss
   43.     Licensed contractor must ensure building work is personally supervised
   43A.    Licensed contractor must ensure building work is adequately supervised
   43B.    Construction manager must ensure building work is personally supervised
   43C.    Construction manager must ensure building work is adequately supervised

           Division 8 - Owner-builders

   43D.    Definitions for div 8
   43E.    When owner-builder permit is required
   44.     Application for owner-builder permit
   44A.    Consideration of application for permit
   44B.    Criteria for granting application for permit
   44C.    When permit becomes effective
   44D.    Term of permit
   44E.    Conditions of permit
   44F.    Form of permit
   44G.    Cancellation or suspension of permit
   44H.    Procedure for cancellation or suspension
   44I.    Permit issued to more than 1 person
   44J.    Surrender of permit
   45.     Replacement of permits
   46.     Notification on certificate of title
   47.     Warnings

           Division 9 - Cancellation, suspension or surrender of licence

   48.     Cancellation or suspension of licence
   49.     Procedure for cancellation or suspension
   49A.    Immediate suspension of licence
   49B.    Suspension or cancellation for failure to comply with tribunal’s orders and directions
   50.     Surrender of licence

           Division 9A - Monitoring continued satisfaction of minimum financial requirements and particular laws

   50A.    Approved audit program
   50B.    (Repealed)
   50C.    Supply of financial records and other documents under approved audit program or for other reason

           Division 10 - Miscellaneous

   50D.    Person must not pretend to be a licensee
   51.     Improper use of licence card, certificate, number or PIN
   51A.    Other offences relating to unlawful carrying out of building work
   51B.    Licensed contractor must not contract with unlicensed person
   52.     Signs to be exhibited
   53.     Return of licence
   53A.    Satisfying financial requirements at renewal
   53B.    False or misleading documents about financial requirements
   53C.    Advertising by unlicensed person
   54.     Advertisements
   54A.    Notification of particular safety matters
   55.     Notification of company’s nominee
   56.     Partnerships
   56A.    Commission may request photographs for licence

   PART 3A - EXCLUDED INDIVIDUALS AND EXCLUDED COMPANIES

           Division 1 - Preliminary

   56AA.   (Repealed)
   56AB.   Operation of pt 3A
   56AC.   Excluded individuals and excluded companies

           Division 2 - (Repealed)

           Division 3 - Licence exclusion and cancellation

   56AE.   Exclusion from licence
   56AF.   Procedure if licensee is excluded individual
   56AG.   Procedure if licensee is excluded company
   56AH.   Review by tribunal of commission’s opinion

   PART 3B - PERMANENTLY EXCLUDED INDIVIDUALS

           Division 1 - Preliminary

   57.     Operation of pt 3B
   58.     Meaning of permanently excluded individual

           Division 2 - Licence exclusion

   59.     Exclusion from licence
   60.     Permanently excluded individual not fit and proper
   61.     When individual no longer permanently excluded individual

   PART 3C - CONVICTED COMPANY OFFICERS

           Division 1 - Preliminary

   62.     Operation of pt 3C

           Division 2 - Licence exclusion and cancellation

   63.     Exclusion from licence
   64.     Procedure if commission considers individual a convicted company officer
   65.     Ending procedure without further action
   66.     Notice of cancellation and that not a fit and proper person to individual who is a licensee
   67.     Notice that not a fit and proper person to individual who is not a licensee
   67AA.   Notice by commission to company for which a convicted company officer is a director, secretary, influential person or nominee

   PART 3D - BANNED INDIVIDUALS

           Division 1 - Preliminary

   67AB.   Meaning of tier 1 defective work and carry out tier 1 defective work
   67AC.   Banned individual
   67AD.   Operation of pt 3D

           Division 2 - Licence exclusion and cancellation

   67AE.   Exclusion from licence
   67AF.   Procedure if commission considers individual has carried out tier 1 defective work
   67AG.   Ending procedure without further action
   67AH.   Notice of cancellation and that not a fit and proper person to individual who is a licensee
   67AI.   Notice that not a fit and proper person to individual who is not a licensee
   67AJ.   Notice by commission to director, secretary, influential person or nominee about tier 1 defective work
   67AK.   Ending procedure without further action
   67AL.   Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee
   67AM.   Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee
   67AN.   Notice by commission to company for which a banned individual is a director, secretary, influential person or nominee
   67AO.   Terms of bans
   67AP.   (Repealed)

   PART 3E - DISQUALIFIED INDIVIDUALS

           Division 1 - Preliminary

   67AQ.   Definitions for pt 3E
   67AR.   Meaning of demerit offence
   67AS.   Meaning of judgment debt
   67AT.   Meaning of unsatisfied judgment debt
   67AU.   Disqualified individual
   67AV.   Operation of pt 3E

           Division 2 - Calculation of demerit points and notification of unsatisfied judgment debts

   67AW.   Demerit points for demerit matters
   67AX.   When demerit points allocated for demerit offences
   67AY.   When demerit points allocated for unsatisfied judgment debts
   67AZ.   Judgment debtor must notify unsatisfied judgment debt
           67AZA . Commission must notify person about demerit points
   67AZAA. (Repealed)
           67AZB . Limit on demerit points from single audit

           Division 3 - Licence exclusion and cancellation

           67AZC . Exclusion from licence
           67AZD . Procedure if commission considers individual has accumulated 30 demerit points
           67AZE . Ending procedure without further action
           67AZF . Notice of cancellation and that not a fit and proper person to individual who is a licensee
   67AZG.  (Repealed)
           67AZH . Notice by commission to director, secretary, influential person or nominee about demerit points
           67AZI . Ending procedure without further action
           67AZJ . Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee
           67AZK . Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee
           67AZL . Notice by commission to company for which a disqualified individual is a director, secretary, influential person or nominee
           67AZM . Terms of disqualifications

   PART 4 - DOMESTIC BUILDING CONTRACTS

   67AZN.  Domestic building contracts

   PART 4A - BUILDING CONTRACTS OTHER THAN DOMESTIC BUILDING CONTRACTS

           Division 1 - Preliminary

   67A.    Definitions for pt 4A
           67AAA . Meaning of building contract
   67B.    Meaning of construction management trade contract
   67C.    Meaning of retention amount in pt 4A
   67D.    Meaning of subcontract in pt 4A
   67E.    Operation of pt 4A

           Division 2 - All building contracts

   67F.    Suggested forms of contract
   67G.    Building contracts to be in writing
   67GA.   Building contracts to include mandatory conditions
   67GB.   Particular conditions void in building contracts
   67H.    (Repealed)
   67I.    Directions given under building contracts
   67J.    Set-offs under building contracts
   67K.    Limits for retention amounts and securities for building contracts other than subcontracts
   67L.    Limits for retention amounts and securities for subcontracts
   67M.    Limits on deductions for retention amounts
   67N.    Limits for retention amounts and securities for building contracts after practical completion
   67NA.   Statutory defects liability period
   67NB.   Failure to pay retention amount
   67NC.   Notice about end of defects liability period
   67O.    Suspension of works
   67P.    Late progress payments
   67Q.    (Repealed)

           Division 3 - Construction management trade contracts and subcontracts

   67R.    Application of div 3
   67S.    Lodgement of security instead of retention amount or security in money form
   67T.    Lodgement of security to replace retention amount or security in money form
   67U.    Void payment provision in construction management trade contract or subcontract

           Division 4 - Warning for construction management trade contracts

   67V.    Offence of not warning that contract is construction management trade contract

           Division 5 - Commercial building contracts

   67W.    Void payment provision in commercial building contract

   PART 5 - THE STATUTORY INSURANCE SCHEME

           Division 1 - Preliminary

   67WA.   Definitions for pt 5
   67WB.   Work not covered under the statutory insurance scheme
   67WC.   Meaning of primary insurable work
   67WD.   Meaning of associated insurable work
   67WE.   Meaning of residence
   67WF.   Meaning of related roofed building

           Division 2 - Statutory insurance scheme

   67X.    Statutory insurance scheme

           Division 3 - Assistance

   67Y.    Assistance available under statutory insurance scheme
   67Z.    Optional additional cover
   68.     Persons not entitled to assistance under statutory insurance scheme

           Division 4 - Insurance premiums

   68A.    Licensed contractor pays insurance premium on behalf of consumer
   68B.    When insurance premium is payable by licensed contractor
   68C.    When insurance premium is payable by construction manager
   68D.    Setting of insurance premiums
   68E.    Obligation of assessment manager in relation to insurance premium

           Division 5 - Notice and commencement of cover

   68F.    Notice of cover
   68G.    Refund of insurance premium if notice of cover is revoked
   68H.    Cover of residential construction work
   68I.    Commencement of cover

           Division 6 - Cancellation of cover

   69.     Cancellation of cover and return of premium
   69A.    (Repealed)

           Division 7 - Variations

   70.     Residential construction work carried out under a contract with a consumer
   70A.    Speculative residential construction work
   70B.    Optional additional cover
   70C.    Partial refunds of insurance premiums

           Division 8 - Recovery from licensed contractor

   71.     Recovery from licensed contractor etc.
   71AA.   (Repealed)
   71AB.   (Repealed)
   71AC.   (Repealed)

           Division 9 - Rectification work

   71A.    Tenders for rectification work

           Division 10 - Other

   71B.    Statutory insurance scheme not to affect licensing decisions
   71C.    Notice of entitlement to assistance under the statutory insurance scheme
   71D.    Multiple contracts for the same residential construction work
   71E.    Protection of expressions associated with statutory insurance scheme
   71F.    When work is taken to have started

   PART 6 - RECTIFICATION OF BUILDING WORK AND REMEDIATION OF CONSEQUENTIAL DAMAGE

           Division 1 - Preliminary

   71G.    (Repealed)
   71H.    What is consequential damage
   71I.    Who is taken to carry out building work for this part

           Division 2 - Direction to rectify or remedy

   71J.    Requests for rectification of building work or remediation of consequential damage
   72.     Power to require rectification of building work and remediation of consequential damage
   72A.    Powers and limitations of directions to rectify or remedy
   72B.    Extending time to rectify or remedy

           Division 3 - Offences and defences

   72AA.   Delaying or obstructing compliance with direction to rectify or remedy
   73.     Offence to fail to comply with direction to rectify or remedy
   74.     Defences for failure to comply with direction to rectify or remedy

   PART 6AA - BUILDING PRODUCTS

           Division 1 - Preliminary

   74AA.   Definitions for part
   74AB.   What is a building product and a non-conforming building product
   74ABA.  Extraterritorial application of part

           Division 2 - Duties relating to building products

              Subdivision 1 - General provisions about duties

   74AC.   Relationship with safety laws
   74AD.   Principles applying to duties
   74ADA.  Code of practice about discharging duties
   74ADB.  Use of code of practice in proceedings

              Subdivision 2 - Duties

   74AE.   Who is a person in the chain of responsibility for a building product
   74AF.   Primary duty of person in the chain of responsibility
   74AG.   Additional duty relating to accompanying information
   74AH.   Additional duties relating to recalls
   74AI.   Duty of executive officer of company

              Subdivision 3 - Offences relating to duties

   74AJ.   Failing to comply with duty
   74AK.   Duty about representations about building products
   74AL.   Duty to notify non-conforming building product
   74AM.   Duty to notify notifiable incident
   74AN.   Commission may require remedial action

           Division 3 - Enforceable undertakings relating to building products

   74AO.   Commission may accept building product undertaking
   74AP.   Notice of decision and reasons for decision
   74AQ.   When building product undertaking is enforceable
   74AR.   Compliance with building product undertaking
   74AS.   Contravention of building product undertaking
   74AT.   Withdrawal or variation of building product undertaking
   74AU.   Proceeding for contravention

           Division 4 - Ministerial recall orders

   74AV.   Application of division
   74AW.   Minister may make recall order
   74AX.   Notice required before making recall order
   74AY.   Service of recall order
   74AZ.   Nature of recall order
   74AZA.  Suppliers, installers and particular architects and engineers

           Division 5 - Warning statements

   74AZB.  Application of division
   74AZC.  Minister may publish warning statement
   74AZD.  Notice required before publishing warning statement

   PART 6A - DISCIPLINARY PROCEEDINGS

   74A.    Commission may investigate grounds for taking disciplinary action
   74B.    Proper grounds for taking disciplinary action against a licensee and former licensees
   74C.    Proper grounds for taking disciplinary action against person not a licensee
   74D.    Types of disciplinary action that may be taken
   74E.    Notice of proposed disciplinary action
   74F.    Taking disciplinary action
   74G.    When disciplinary action takes effect
   74H.    Filing of certificate as judgment debt

   PART 7 - JURISDICTION OF TRIBUNAL

           Division 1 - Meaning of central terms

   75.     Tribunal work defined
   76.     What is not tribunal work

           Division 2 - Building disputes

   77.     Tribunal may decide building dispute
   78.     When major commercial building dispute may be heard by tribunal
   79.     Procedure to decide whether all parties consent
   80.     Procedure if another party discovered
   81.     Consent may not be withdrawn
   82.     Tribunal may make interim order
   83.     Proceeding in tribunal does not affect action by commission
   84.     (Repealed)
   85.     Tribunal may hear dispute while contract still in operation

           Division 3 - Proceedings for review

              Subdivision 1 - Internal review

   85A.    Definitions for sdiv 1
   86.     Reviewable decisions
   86A.    Who may apply for internal review
   86B.    Requirements for making application
   86C.    Internal review decision
   86D.    Notice of internal review decision

              Subdivision 2 - External review

   86E.    Definition for sdiv 2
   86F.    Decisions that are not reviewable decisions
   87.     Application for review
   87A.    No stay by QCAT of particular decisions
   87AA.   Decision of tribunal on review of particular reviewable decisions

           Division 4 - (Repealed)

           Division 5 - Public examinations

   92.     Tribunal may conduct public examination
   92A.    Procedure before public examination starts

           Division 6 - Decisions about debts arising from statutory insurance scheme

   93.     Decisions about debts arising from statutory insurance scheme

           Division 7 - Tribunal proceedings

   93A.    Representation of parties
   94.     Transfer of proceedings between tribunal and the courts
   95.     Expedited hearing of domestic building disputes or reviews
   96.     Certain minor commercial building disputes may be expedited

           Division 8 - Other powers of the tribunal

   97.     Entry and inspection of property by member of tribunal
   97A.    Procedure before entry
   97B.    (Repealed)
   97C.    Suspension orders

   PART 8 - REGISTERS

   98.     Definitions for pt 8
   99.     Licensee register
   99A.    (Repealed)
   100.    When information may be included in the licensee register
   101.    Licensees must advise change of circumstances
   102.    When notes must be removed from the licensee register
   102A.   (Repealed)
   103.    Register of holders of owner-builder permits
   103A.   When particulars must be removed from owner-builder register
   103B.   Developer register
   103C.   When notes must be removed from developer register
   103D.   Inspection of registers
   103E.   Publication of registers
   103F.   Certificates

   PART 9 - INVESTIGATORS

           Division 1 - Preliminary

   103G.   Definitions for part
   103H.   References to exercise of powers
   103I.   Reference to document includes reference to reproductions from electronic document

           Division 2 - Appointment of investigators

              Subdivision 1 - Appointment

   104.    Investigators
   104A.   Functions of investigators
   104B.   Appointment and qualifications
   104C.   Appointment conditions and limit on powers
   104D.   When office ends
   104E.   Resignation

              Subdivision 2 - Identity cards

   104F.   Issue of identity card
   104G.   Production or display of identity card
   104H.   Return of identity card

           Division 3 - Entry of places by investigators

              Subdivision 1 - Power to enter

   105.    General power to enter places

              Subdivision 2 - Entry by consent

   105A.   Application of subdivision
   105B.   Incidental entry to ask for access
   105C.   Matters investigator must tell occupier
   105D.   Consent acknowledgement

              Subdivision 3 - Entry under warrant

   105E.   Application for warrant
   105F.   Issue of warrant
   105G.   Electronic application
   105H.   Additional procedure if electronic application
   105I.   Defect in relation to a warrant
   105J.   Entry procedure

           Division 4 - General powers of investigators after entering places

   105K.   Application of division
   105L.   General powers
   105M.   Power to require reasonable help
   105N.   Offence to contravene help requirement

           Division 5 - Other information-obtaining powers of investigators

   105O.   Power to require name and address
   105P.   Offence to contravene personal details requirement
   105Q.   Power to require production of document
   105R.   Offence to contravene document production requirement
   105S.   Offence to contravene document certification requirement
   105T.   Power to require information or attendance
   105U.   Offence to contravene information or attendance requirement

           Division 6 - Seizure by investigators and forfeiture

              Subdivision 1 - Power to seize

   106.    Seizing evidence at a place that may be entered without consent or warrant
   106A.   Seizing evidence at a place that may be entered only with consent or warrant
   106B.   Power to seize non-conforming building products
   106C.   Power to seize dangerous places, structures and things
   106D.   Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   106E.   Power to secure seized thing
   106F.   Offence to contravene seizure requirement
   106G.   Offence to interfere

              Subdivision 3 - Safeguards for seized things

   106H.   Receipt and information notice for seized things
   106I.   Access to seized things
   106J.   Return of seized things

              Subdivision 4 - Forfeiture

   106K.   Forfeiture by commissioner decision
   106L.   Information notice about forfeiture decision

              Subdivision 5 - Dealing with property forfeited or transferred to State

   106M.   When place, structure or thing becomes property of the State
   106N.   How property may be dealt with

           Division 7 - Additional powers for building products

   106O.   Power to have building products or samples examined
   106P.   Direction about use of non-conforming building product associated with a building or other structure
   106Q.   Direction about action at place where non-conforming building product is present
   106R.   Power to take remedial action

           Division 7A - Damage and compensation

              Subdivision 1 - Damage

   106S.   Duty to avoid inconvenience and minimise damage
   106T.   Notice of damage

              Subdivision 2 - Compensation

   106U.   Compensation

           Division 8 - Other provisions

   107.    Evidential immunity for individuals complying with particular requirements
   107A.   Obstructing investigators
   107B.   Impersonating investigator
   108.    Obligation of assessment manager

   PART 9A - TRANSFER OF PARTICULAR ASSETS, LIABILITIES AND EMPLOYEES

           108AA . Relevant entity
           108AB . Transfer of assets, liabilities etc. to relevant entity
           108AC . Rights of transferred employees etc.

   PART 9B - INJUNCTIONS AND STOP WORK NOTICES

           Division 1 - Injunctions

           108AD . Grounds for injunction
           108AE . Commissioner may apply for injunction
           108AF . When injunction may be granted
           108AG . Court’s powers for injunctions
           108AH . Terms of injunction

           Division 2 - Stop work notices

   108AI.  Commissioner may issue stop work notice

   PART 10 - MISCELLANEOUS

   108A.   Documents that must be kept for 7 years
   108B.   False or misleading statement
   108C.   False or misleading document
   108D.   Contracting out prohibited
   109.    Access to building sites
   109A.   Service of documents
   110.    Confidentiality of information
   111.    Prosecutions for offences
   111AAA. Enforcement action to comply with prescribed guidelines
   111A.   Responsibility for acts or omissions of representatives
   111B.   Liability of executive officer—particular offences committed by company
   111C.   Liability of directors for amounts
   112.    Appropriation of penalty
   113.    Double jeopardy
   114.    Protection
   115.    Commission may provide services to a professional board
   115A.   Delegations
   115B.   Commissioner’s policy
   115C.   Approved forms
   116.    Regulations
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 1B
           SCHEDULE 2


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