QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991

Queensland Consolidated Acts

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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991

- As at 1 July 2024
- 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 (Repealed)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 (Repealed)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 (Repealed)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Subdivision 3 - (Repealed)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Division 4 - (Repealed)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 (Repealed)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 (Repealed)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

28AA. Public register of interests
28A. Commission must give particular information to health and safety regulator
28B. Exchange of information between commission and relevant agencies
28C. Notice of particular events to interstate or New Zealand licensing authorities
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
30CA. Meaning of fire protection work
30D. Mechanical services occupational licence
30E. Regulation may prescribe continuation and renewal of particular class of 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 or a mechanical services occupational licence
32A. (Repealed)

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.
36A. Vary or revoke conditions

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. Temporary exemption from s 42 for up to 12 months for new classes of licence
42B. Carrying out building work without a nominee
42C. Unlawful carrying out of fire protection work
42CA. Unlawful carrying out of mechanical services work
42D. Licensed contractor must not engage or direct unauthorised person for fire protection work
42DA. Licensed contractor must not engage or direct unauthorised person for mechanical services 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 of permit in register
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 9B - Qualified accountants

50CA. Who is a qualified accountant
50CB. Commission may give exclusion notice
50CC. Grounds for giving exclusion notice
50CD. Steps before giving exclusion notice
50CE. Commission may give particular information to professional bodies
50CF. Publication of relevant details

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 minimum financial requirements at renewal
53B. False or misleading information about minimum 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

Division 4 - Publication of details of particular excluded individuals

56AI. Publication of relevant details about excluded individuals who are not licensees
56AJ. Show cause notice
56AK. Decision by commission about whether to publish the individual’s relevant details

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

Division 3 - Publication of details of particular permanently excluded individuals

61A. Publication of relevant details of permanently excluded individuals who are not licensees

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 or other security
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

72C. 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

106V. Information to complainant on completion of investigation
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
109B. Licensees must give commission notice of particular matters about interstate or New Zealand licences
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
115D. Review of role of developers
116. Regulations
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 1B
SCHEDULE 2

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