QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991

Queensland Consolidated Acts

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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 103G

Definitions for part

103G Definitions for part

In this part—

"compliance purpose" means any of the following purposes—

(a) ascertaining whether a relevant Act is being complied with;

(b) determining whether building work at or on a place has been, or is being, properly carried out;

(c) determining whether a building product associated with, or proposed to be associated with, a building or other structure, or a proposed building or other structure, for a particular use is a non-conforming building product for that use.

"document certification requirement" see section 105Q (6) .

"document production requirement" see section 105Q (2) .

"electronic document" ...

"examine" includes analyse, test, account, measure, weigh, grade, gauge and identify.

"general power" see section 105L (1) .

"help requirement" see section 105M (1) .

"identity card" , for a provision about investigators, means an identity card issued under section 104F .

"information notice" , for a decision, means a written notice stating—

(a) the decision; and

(b) the reasons for the decision; and

(c) the rights of review under this Act for the decision; and

(d) how, and the period within which, a review under this Act for the decision may be started; and

(e) if applicable, how a stay of the operation of the decision may be applied for under the QCAT Act .

"occupier" , of a place, includes the following—

(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c) if no-one apparently occupies the place—any person who is an owner of the place.

"offence warning" , for a direction or requirement by an investigator, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.

"owner" , of a seized thing, includes a person who would be entitled to possession of the seized thing had it not been seized.

"personal details requirement" see section 105O (5) .

"person in control" , of a place or thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in control or possession of the place or thing.

"place" includes the following—

(a) premises;

(b) vacant land;

(c) a place in Queensland waters;

(d) a place held under more than 1 title or by more than 1 owner;

(e) the land or water where a building or other structure, or a group of buildings or other structures, is situated.

"premises" includes—

(a) a building or other structure; and

(b) a part of a building or other structure; and

(c) premises held under more than 1 title or by more than 1 owner.

"public place" means a place, or part of a place—

(a) that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under paragraph (a)—
a beach, a park, a road

(b) the occupier of which allows, whether or not on payment of money, members of the public to enter.
Examples of a place that may be a public place under paragraph (b)—
a saleyard, a showground

"reasonably suspects" means suspects on grounds that are reasonable in the circumstances.

"relevant Act" means—

(a) this Act; or

(b) the Building Act 1975 ; or

(c) the Building Industry Fairness (Security of Payment) Act 2017 ; or

(d) the Plumbing and Drainage Act 2018 .

"seized thing" means a place, part of a place, building, structure or other thing seized under division 6 .

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