Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74AD

74AD Principles applying to duties

(1) This section sets out principles applying to duties persons have under subdivision 2 .

(2) A person may have more than 1 duty because of the functions the person performs or is required to perform.

(3) More than 1 person can concurrently have the same duty.

(4) Each person must comply with the duty to the standard required under subdivision 2 even if another person has the same duty.

(5) If more than 1 person has a duty for the same matter, each person—

(a) is responsible for the person’s duty in relation to the matter; and

(b) must discharge the person’s duty to the extent to which the person—

(i) has the capacity to influence and control the matter; or

(ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.

(6) A person’s duty can not be transferred to another person.