Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67GB

67GB Particular conditions void in building contracts

(1) A building contractor must not enter into a building contract that includes a prohibited condition (
"prohibited conditions" ) prescribed by regulation.

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 provision of a building contract is of no effect to the extent to which it—

(a) is or incorporates a prohibited condition; or

(b) may reasonably be construed as an attempt to enforce a prohibited condition.

(4) To remove any doubt, it is declared that this section does not apply to a building contract entered into before the commencement of this section but does apply to a provision of the contract included after the commencement to the extent the provision is a prohibited condition.