Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 82

82 Tribunal may make interim order

(1) Before finally deciding a building dispute, the tribunal may make 1 or more of the interim orders mentioned in subsections (2) to (4) .

(2) The tribunal may make an order requiring a building contractor to rectify or complete defined tribunal work, or tribunal work to be defined by a process identified in the order, that is the subject of the dispute.

(3) The tribunal may make an order requiring a building owner, in relation to the amount claimed to be owing from the building owner to a building contractor, to do 1 or more of the following—

(a) pay an amount decided by the tribunal into the tribunal’s trust account to be held until the tribunal is satisfied that the building contractor has completed the tribunal work;

(b) provide security of a type and for an amount decided by the tribunal until the tribunal is satisfied that the building contractor has completed the tribunal work;

(c) pay an amount decided by the tribunal to the building contractor.

(4) The tribunal may make an order requiring a person, in relation to the amount claimed to be owing from the person to a subcontractor, to do 1 or more of the following—

(a) pay an amount decided by the tribunal into the tribunal’s trust account to be held until the tribunal is satisfied that the subcontractor has completed the tribunal work;

(b) provide security of a type and for an amount decided by the tribunal until the tribunal is satisfied that the subcontractor has completed the tribunal work;

(c) pay an amount decided by the tribunal to the subcontractor.

(5) On being satisfied the tribunal work has been completed the tribunal must order—

(a) the amount paid into the tribunal’s trust account under subsection (3) (a) or (4) (a) be paid to the building contractor or subcontractor; or

(b) the application of the security in satisfaction of the amount decided by the tribunal under subsection (3) (b) or (4) (b) in favour of the building contractor or subcontractor.

(6) However for subsection (5) (b) , the tribunal may order that the security be discharged if an amount equal to the amount of the security is paid to the building contractor or subcontractor.