Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67AF

67AF Procedure if commission considers individual has carried out tier 1 defective work

(1) This section applies if the commission considers that an individual has carried out tier 1 defective work after the commencement of this section.

(2) The commission may give the individual a written notice stating—

(a) details of the tier 1 defective work; and

(b) the effect of the individual becoming a banned individual for the tier 1 defective work; and

(c) an invitation to the individual to make written submissions, within a stated period, to satisfy the commission that—

(i) the individual did not carry out the work stated in the notice; or

(ii) the work carried out by the individual was not tier 1 defective work; or

(iii) the individual exercised reasonable diligence to ensure that the work carried out was not defective.

Example for subparagraph (iii)—

An individual carried out tier 1 defective work in relation to the footings of a house. However, the individual had reasonably relied on plans for the footings drawn by an engineer and carried out the work in accordance with the plans. It was the reliance on the plans that caused the tier 1 defective work.

(3) The stated period must be at least 28 days after the written notice is given to the individual.

(4) The commission must consider any submissions made by the individual.