Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67AB

67AB Meaning of tier 1 defective work and carry out tier 1 defective work

(1)
"Tier 1 defective work" means grossly defective building work that—

(a) falls below the standard reasonably expected of a licensed contractor for the type of building work; and

(b) either—

(i) adversely affects the structural performance of a building to the extent that a person could not reasonably be expected to use the building for the purpose for which it was, or is being, erected or constructed; or

(ii) is likely to cause the death of, or grievous bodily harm to, a person.

Example for paragraph (b)(i)—

A building is constructed and due to substandard building work all or a significant part of the building requires demolition or substantial reconstruction.

Examples for paragraph (b)(ii)—

A fire protection contractor installs fire protection equipment that does not meet the requirements of the Building Code of Australia for the equipment. In the event of fire, the noncompliance is likely to result in the death of, or grievous bodily harm to, a person.

(2)
"Carry out tier 1 defective work" means—

(a) carry out tier 1 defective work personally; or

(b) directly or indirectly, cause tier 1 defective work to be carried out; or

(c) provide advisory, administrative, management or supervisory services for carrying out tier 1 defective work.