Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67E

67E Operation of pt 4A

(1) Subject to any provision of this part that expressly provides that a building contract, or a provision of a building contract, is void, this part does not have effect to make void or voidable a building contract, or a provision of a building contract, even if—

(a) in entering into the building contract, or the building contract containing the provision, a party to the building contract commits an offence against this part; or

(b) the building contract or the provision of the building contract is inconsistent with a condition to which the building contract is subject under this part.

(2) However, if a building contract, or a provision of a building contract, is inconsistent with a provision (the
"Act provision" ) of this part applying to the building contract, the building contract, or the provision of the building contract, has effect only to the extent it is not inconsistent with the Act provision.

(3) Without limiting subsection (2) , a building contract is unenforceable against the contracted party for the contract to the extent that the contract provides for retention amounts or security in a way that is inconsistent with a condition to which the contract is subject under division 2 .

(4) This part—

(a) has effect in relation to a building contract despite anything in the building contract; and

(b) applies to a building contract even if—

(i) the contract was entered into outside Queensland; or

(ii) the parties to the contract have agreed that the law of Queensland does not apply to the contract or to a provision of the contract.