Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74

74 Defences for failure to comply with direction to rectify or remedy

(1) This section applies for—

(a) a prosecution of a licensed contractor for an offence against section 73 ; or

(b) taking disciplinary action against a licensed contractor under part 6A on the ground that the contractor failed to comply with a direction given to the contractor under section 72 (2) .

(2) It is a defence for the licensed contractor to prove that—

(a) for a licensed contractor mentioned in section 71I (1) (a) —

(i) the contractor’s licence card was imprinted on the contract for carrying out the building work without the contractor’s authority; and

(ii) the contractor took all reasonable steps to ensure that the licence card was imprinted on contracts only with the contractor’s authority; or

(b) for a licensed contractor mentioned in section 71I (1) (b) —

(i) the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and

(ii) the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or

(c) for a licensed contractor mentioned in section 71I (1) (c) —the contractor’s name was stated on the contract for carrying out the building work without the contractor’s authority; or

(d) for a licensed contractor mentioned in section 71I (1) (d) —the contractor’s name was stated on the insurance notification form for the building work without the contractor’s authority; or

(e) for a licensed contractor mentioned in section 71I (1) (e) —the contractor’s licence number was stated on the contract for carrying out the building work without the contractor’s authority; or

(f) for a licensed contractor mentioned in section 71I (1) (f) —the contractor’s licence number was stated on the insurance notification form for the building work without the contractor’s authority; or

(g) for a licensed contractor mentioned in section 71I (1) (g) —

(i) the contractor’s PIN was used for putting in place, for the building work, insurance under the statutory insurance scheme without the contractor’s authority; and

(ii) the contractor took all reasonable steps to ensure the contractor’s PIN was kept and used in accordance with the commission’s requirements for the keeping and use of the PIN.