Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67GA

67GA Building contracts to include mandatory conditions

(1) A building contractor must not enter into a building contract that does not include the conditions (
"mandatory conditions" ) prescribed by regulation for inclusion in that type of building contract.

Penalty—

Maximum penalty—80 penalty units.

(2) Subsection (1) does not apply to a building contractor who—

(a) enters into a building contract as a principal; or

(b) enters into a subcontract as the contracted party.

(3) A building contract is subject to the mandatory conditions regardless of whether the conditions are stated in the contract or not.

(4) The mandatory conditions have effect despite any provision to the contrary in a building contract.

(5) A provision of a building contract is of no effect to the extent to which it—

(a) is contrary to a mandatory condition; or

(b) purports to annul, exclude or change a mandatory condition; or

(c) may reasonably be construed as an attempt to deter a person from enforcing a mandatory condition.

(6) This section does not apply in relation to a condition of a building contract that imposes a greater or more onerous obligation on a building contractor than are imposed under the mandatory conditions.