Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 42A

42A Temporary exemption from s 42 for up to 12 months for new classes of licence

(1) This section applies if—

(a) on or after 1 July 2000, a class of licence (the
"new class of licence" ) is established under this Act; and

(b) immediately before the establishment of the new class of licence a person (the
"relevant person" ) was carrying on a business that included carrying out work (
"relevant work" ) within the scope of work for the new class of licence; and

(c) either of the following applied immediately before the establishment of the new class of licence—

(i) no relevant work was building work;

(ii) some relevant work was building work, but its carrying out was incidental to the carrying out of all other relevant work.

(2) Section 42 does not apply to the relevant person for carrying out, or undertaking to carry out, relevant work for the first 6 months after the new class of licence is established.

(3) Also, if the relevant person applies for the new class of licence within the 6-month period mentioned in subsection (2) , section 42 does not apply in relation to the person for carrying out, or undertaking to carry out, relevant work until the application is decided or withdrawn.

(4) To remove any doubt, it is declared that while section 42 does not apply to the relevant person under subsection (2) or (3) —

(a) the person is not prohibited from carrying out, or undertaking to carry out, relevant work under section 42 (1) ; and

(b) the person is not stopped from being entitled to monetary or other consideration for carrying out relevant work under section 42 (3) .

(5) If the application mentioned in subsection (3) is not decided or withdrawn within 12 months after the new class of licence is established, the application is taken to be refused at the end of the 12 months.