Queensland Consolidated Acts Queensland Consolidated ActsIn section 2—
"authority" means the former Queensland Building Services Authority
established under the Queensland Building Services Authority Act 1991, section
5.
"former board" means the Builders’ Registration Board of Queensland
established under the repealed Act.
"repealed Act" means the Builders’ Registration and Home-Owners’
Protection Act 1979.
(3) The provisions of the repealed Act about insurance continue to apply, with the changes prescribed by regulation under this Act, to building work started before 1 July 1992 and—(a) the provisions continue to apply to the building work whether the work is carried out before or after the date as if the repealed Act had not been repealed; and(b) the authority may exercise any of the powers of the former board about the insurance.
(3A) Instruments of guarantee and indemnity entered into under section 31(3) of the repealed Act and in force immediately before 1 July 1992 continue to have effect, with all necessary changes and any changes prescribed by regulation under this Act, until the instruments are discharged by the authority.
(3B) Without limiting subsection (3A), a reference in the instruments to the former board is taken to be a reference to the authority.
(3C) The instruments guarantee the payment by the guarantors of amounts payable to the authority under—(a) section 70 of the repealed Act because of subsection (3); and(b) section 71 of this Act.
(3D) A house purchaser’s agreement that the former board is taken to have entered into under the repealed Act continues in force for the balance of its term and all rights, duties, obligations and liabilities of the former board under the agreement are taken to be the rights, duties, obligations and liabilities of the authority.
(3E) An amount paid by the former board under its obligations under section 69 of the repealed Act and not recovered at 1 July 1992—(a) is taken to be a debt owing to the authority; and(b) the authority has the same rights under section 71 of this Act as if the amount had been paid by the authority on a claim under the insurance scheme mentioned in that section.
(4) A direction or order for rectification of building work may be made under this Act in relation to building work, as defined in the repealed Act, carried out before 1 July 1992 by a person who was a registered builder, registered general builder or registered house builder within the meaning of the repealed Act as if references in this Act to a licensed contractor extended to the person.
(5) An order in force under section 59 of the repealed Act immediately before the commencement of part 6 is, on the commencement of that part, taken to be a direction under that part.
(6) The provisions of the repealed Act relating to building work carried out by owner-builders continue to apply, subject to any adaptations and modifications prescribed under this Act, to any such building work that had been carried out or started before the commencement of part 3 and an approval mentioned in section 53(3) of the repealed Act may be given by the authority.
(7) A proceeding for an offence against the repealed Act may, subject to the limitation of time prescribed by section 58 of the repealed Act, be brought by a person authorised by the authority, either generally or in the particular case, to bring the proceeding.
(8) A person who was, immediately before the commencement of part 3, carrying on the business of a class of building work for which a licence is required under this Act, but for which registration was not required under the repealed Act, is taken to be licensed to carry out and supervise that class of building work—(a) until a day 6 months after the commencement of part 3 or, if another day is fixed by regulation for the purposes of this subsection in relation to the relevant class of building work, that other day; or(b) until the day the person is granted or refused a licence under this Act;whichever is earlier.
A reference in an Act or document to either of the following Acts is taken to be a reference to this Act—
• Builders’ Registration Act 1971
• Builders’ Registration and Home-owners’ Protection Act 1979.
In an Act or document—
(a) a reference to the registrar/general manager of the authority is taken to be a reference to the general manager of the authority; and
(b) a reference to Home Building Advisory Service is taken to be a reference to the authority.
In this
part—
"affected licence" means a document purporting to be a licence that—
(a) was issued by the authority on or after 1 July 1992 but before the commencement day; and
(b) was issued to an individual who did not, or a company in relation to which the company’s nominated supervisor did not, when the document was issued, have the relevant qualifications and experience required by regulation.
(a) the basic compliance period for the licence; or
(b) if the authority extended or further extended the period—the period as extended.
(a) indicated to the relevant licensee that the licence was a transitional licence; and
(b) stated a period (the basic compliance period)—(i) as the period for which the licence was issued; and(ii) in relation to the licensee (for a licence issued to an individual) or the company’s nominated supervisor (for a licence issued to a company)—as the period for the licensee or supervisor to obtain stated qualifications or experience in order to have the relevant qualifications and experience required by regulation.
(1) An affected licence is taken to be, and at all times to have been, a validly issued licence.
(2) Subsection (3) applies if—(a) before the commencement day, an affected licence was suspended, cancelled or surrendered; and(b) for a suspension or cancellation—the decision to suspend or cancel the licence was or is not subsequently annulled or terminated under this Act.
(3) Despite subsection (1), the licence is taken to have been a validly issued licence only until it was suspended, cancelled or surrendered.
(1) This section applies to a transitional licence if—(a) the licence is not an expired licence; and(b) the compliance period for the licence ended before the commencement day.
(2) The licence is taken to have remained in force for the period starting when the compliance period ended and ending on the day before the commencement day.
(3) Also, the licence remains in force, subject to this Act, until the end of the period of 3 months starting on the commencement day.
(4) Subsection (6) applies if—(a) before the commencement day, the relevant licensee entered into a building contract; and(b) neither of the following things happens before the end of the period of 3 months mentioned in subsection (3)—(i) practical completion under the contract;(ii) termination of the contract.
(5) However, subsection (6) applies only for the contract or contracts to which it relates.
(6) Despite subsection (3), the licence remains in force, subject to this Act—(a) if, by the application of subsection (4), there is only 1 contract involved—until one of the following things happens—(i) the stage of practical completion is reached under the contract;(ii) the contract is terminated; or(b) if, by the application of subsection (4), there is more than 1 contract involved—until there is no contract either under which the stage of practical completion has not been reached or that has not been terminated.
(1) This section applies to a transitional licence if—(a) the licence is not an expired licence; and(b) the compliance period for the licence has not ended before the commencement day.
(2) The licence remains in force, subject to this Act, until the later of the following—(a) the end of the compliance period;(b) the end of the period of 3 months starting on the commencement day.
(3) Subsection (5) applies if—(a) before the commencement day, the relevant licensee entered into a building contract; and(b) neither of the following things happens before the end of the period for which the licence remains in force under subsection (2)—(i) practical completion under the contract;(ii) termination of the contract.
(4) However, subsection (5) applies only for the contract or contracts to which it relates.
(5) Despite subsection (2), the licence remains in force, subject to this Act—(a) if, by the application of subsection (3), there is only 1 contract involved—until one of the following things happens—(i) the stage of practical completion is reached under the contract;(ii) the contract is terminated; or(b) if, by the application of subsection (3), there is more than 1 contract involved—until there is no contract either under which the stage of practical completion has not been reached or that has not been terminated.
(1) This section applies to a transitional licence that is not an expired licence.
(2) The licence is subject to a condition that the relevant licensee must not, while the licence remains in force under section 10 or 11, enter into a building contract on the basis of being a licensee under the licence.
(3) The authority must promptly give written notice of the condition to the relevant licensee.
(4) A failure by the authority to comply with subsection (3) does not affect the effectiveness of the condition.
On the commencement of this section, the members of the board in office immediately before the commencement go out of office.
For applying section 71(2)(a)(iii) to (vi), the relevant residential construction work mentioned in section 71(2)(a) does not include relevant residential construction work that was the subject of a contract entered into before 1 July 2000.
For applying section 72(5)(ba) to (bd), the building work mentioned in section 72(5) does not include building work that was the subject of a contract entered into before 1 July 2000.
Despite schedule
2, definition
"building work" , paragraph (g), until the end of 31 December 2000, building
work under this Act is taken not to include the installation, maintenance, or
certification of the installation or maintenance, of a fire protection system
for a commercial or residential building.
In this part—
"authority" means the former Queensland Building Services Authority
established under the Queensland Building Services Authority Act 1991, section
5.
"board" means the former Queensland Building Services Board established under
the Queensland Building Services Authority Act 1991, section 8.
"the regulation" means the Queensland Building Services Authority Regulation
1992.
(1) This section applies to section 7 of the regulation as in force, or purporting to be in force, before 1 October 1999 and section 7A of the regulation as in force, or purporting to be in force, before 19 November 1993 so far as the sections related to financial requirements.
(2) The sections are taken to have been valid at all times and to have imposed financial requirements under section 31 of the Act as in force at a time mentioned in subsection (1).
(3) Without limiting subsection (2), the authority and board are taken to have had the power to make the determinations and policies mentioned in the sections of the regulation.
(1) This section applies to section 24 of the regulation as in force, or purporting to be in force, before the commencement of this section.
(2) The section is taken to have been valid at all times including for the purpose of prescribing the terms of a policy of insurance under section 69 (2) of the Act as in force at a time mentioned in subsection (1).
(3) Without limiting subsection (2), the board is taken to have had the power to make the policies mentioned in the section of the regulation.
(1) Board policies in force, or purporting to be in force, immediately before the commencement of this section for the purpose of section 24 of the regulation continue in force for the purpose of section 69 (2) of the Act as amended by the Queensland Building Services Authority and Other Legislation Amendment Act 2003.
(2) Subsection (1) does not prevent the board amending or repealing the policies.
(1) This section applies to schedule 2, part 25 of the regulation as in force, or purporting to be in force, before the commencement of the Queensland Building Services Authority Amendment Regulation (No. 2) 2002.
(2) The part is taken to have been valid at all times before the commencement of the Queensland Building Services Authority Amendment Regulation (No. 2) 2002 for the purpose of specifying a class of building work by regulation under section 30 (2) of the Act and having stated the qualifications and experience required by regulation under section 31 (1) (b) or 32 (b) of the Act .
(3) Without limiting subsection (2), the authority is taken to have had the power to give the directions mentioned in the part and to make decisions for deciding qualifications and experience requirements for the part.
(4) A board policy, or purported board policy, giving a direction or containing a decision about scope of work, qualifications or experience requirements is taken, for this section, to have been a direction or decision of the authority given for the part.
Section 35 of the regulation as inserted by the Queensland Building Services Authority Amendment Regulation (No. 2) 2002 is taken to have been valid for the purpose mentioned in the section.
In this
division—
"non-trading licence" means an instrument purporting to be a contractor’s
licence issued or renewed by the authority, in the period starting on 19
November 1999 and ending immediately before 27 August 2001, stating that it
was a non-trading licence or containing an expression indicating that it was a
non-trading licence.
Example of contractor’s licence containing an expression indicating the licence was a non-trading licence—a contractor’s licence containing the expression ‘NTL’
(1) A non-trading licence is taken to have been and to be a valid contractors licence subject to a valid condition under section 35 or 36 of the Act that the licensee must not carry out, undertake to carry out or supervise the carrying out of building work.
(2) If the authority removed or removes the statement or expression on the licence stating or indicating that it was a non-trading licence, the authority is taken to have validly revoked the condition.
(1) This section applies to section 13(4) and (5) of the regulation as in force, or purporting to be in force, before the commencement of this section.
(2) Section 13(4) and (5) are taken to have been, and to be, valid at all times including for the purpose of specifying a course of instruction under section 44 (3) of the Act .
(3) Without limiting subsection (2), the board is taken to have had the power to make the policies mentioned in section 13(4) and (5) of the regulation.
(1) The board’s policies that are general policies in force under the Act before amendment—(a) continue in force as board’s policies under the Act after amendment; and(b) may be reviewed by the board and amended or repealed as if they were made under section 9A of the Act after amendment.
(2) The board’s policies that are supervision policies continue in force only until the commencement of section 17 of the amendment Act.
(3) In this section—
"Act after amendment" means the Queensland Building Services Authority Act 1991 as in force immediately after the commencement of section 6 of the amendment Act.
"Act before amendment" means the Queensland Building Services Authority Act 1991 as in force immediately before the commencement of section 6 of the amendment Act.
"amendment Act" means the Queensland Building Services Authority and Other Legislation Amendment Act 2003.
In this part—
"commencement" means the commencement of this part.
"former provisions" means sections 67H, 67I, 67J, 67Q, 67U and 67W, as in
force before the commencement.
The former provisions continue to apply to building contracts entered into before the commencement as if the Building and Construction Industry Payments Act 2004, schedule 1 had not commenced.
(1) This section applies to a person who—(a) becomes an employee of the employing office; and(b) was an employee of the authority—(i) immediately before the commencement of this section; and(ii) immediately before becoming an employee of the employing office.
(2) On becoming an employee of the employing office, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, immediately before the person became an employee of the employing office, if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).
(3) Also—(a) the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that—(i) have accrued or were accruing to the person as an employee of the authority; and(ii) would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and(b) if the person is a member of a superannuation scheme—(i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and(ii) the person’s membership of the scheme is not affected.
(4) Without limiting subsection (3), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by the authority.
(5) If the person was a seconded employee immediately before becoming an employee of the employing office, the arrangement under which the person was performing work for a government entity other than the authority may continue until the arrangement ends, and, if the arrangement does continue—(a) subsection (2) does not apply to the person; and(b) on the ending of the arrangement, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, on the ending of the arrangement, if—(i) the person had continued to be an employee of the authority; and(ii) the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).
(6) Subsections (2) and (5)(b) do not limit section 29F (3) and (4) of the Act .
(7) In this section—
"authority" means the former Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991, section 5.
"employee of the authority" includes a seconded employee.
"seconded employee" means an employee of the authority performing work for another government entity under an arrangement entered into, before the commencement of this section, by the authority with the appropriate authority of the other government entity.
The employing office is taken to be bound by the industrial instruments that bound the authority immediately before it became an employer under the Workplace Relations Act 1996 (Cwlth).
(1) This section applies to a licensee who at the commencement of this section holds a supervisor’s licence.
(2) The licensee is taken to hold a nominee supervisor’s licence for the classes of building work to which the supervisor’s licence applies.
(3) In this section—
"supervisor’s licence" means a licence authorising the licensee to supervise (but not to carry out) building work.
(1) This section applies if a person who does not have the required qualifications applies for a site supervisor’s licence during the transitional period.
(2) The authority may grant the application even though the applicant does not have the required qualifications for the licence if —(a) the authority has sighted a declaration by a licensed contractor stating that—(i) the applicant has carried out building work as an officer or employee of the contractor for a period of not less than 12 months; and(ii) the contractor has had an opportunity to assess the skills of the applicant during the period; and(iii) the contractor is satisfied that the applicant has the skills to carry out the duties of a site supervisor for a licence of the class applied for; and(b) the authority is satisfied that the applicant has the skills to be a site supervisor for that class.
(3) If the licensed contractor is a company, the declaration must be by the company’s nominee.
(4) Nothing in this section limits the powers the authority may exercise under section 33(2) or (3).
(5) In this section—
"required qualifications" means the qualifications required for a site supervisor’s licence under section 32AA.
"transitional period" means the period of 1 year from the commencement of section 30B.
Sections 42C and 42D do not apply to anything happening before 2 years from the commencement of section 30C.
Section 42 does not apply to the following building work until 2 years after the commencement of this section—
(a) the design of a fire protection system;
(b) the development, approval or certification of emergency evacuation procedures for a controlled evacuation during a fire emergency;
(c) the formulation or provision of alternative solutions relating to fire safety;
(d) the inspection or investigation of, and the provision of advice or a report about compliance with the Building Act 1975 or the Building Code of Australia relating to fire safety.
(1) Subsection (2) applies to the grant or renewal of a licence that happens before 2 years from the commencement of this section.
(2) The licence may, or may not, contain a recent photograph of the licensee.
(1) The register of licensees under section 39, as in force immediately before the commencement of section 99, continues as the licensee register under section 99.
(2) The authority may continue to exercise its powers under part 8 in relation to the licensee register.
In this part—
"amending Act" means the Queensland Building Services Authority Amendment Act
2013.
"transfer day" means the day the amending Act, section 5 commences.
"document" includes a policy of the former board.
"former authority" means the former Queensland Building Services Authority
established under the QBSA Act.
"former board" means the Queensland Building Services Board established under
the QBSA Act.
"general manager" means the person holding the office under the QBSA Act
immediately before the transfer day.
"QBSA Act" means this Act as in force immediately before its amendment under
the amending Act, section 5.
On the transfer day the following end or cease to exist—
(a) the former authority;
(b) the former board;
(c) the appointment of the members of the former board;
(d) office of the general manager;
(e) the general manager’s employment.
(1) No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State or the commission to any person for or in connection with the enactment of section 38.
(2) However, to avoid any doubt, subsection (1) does not limit or otherwise affect the general manager’s right to a benefit or entitlement that, under the existing conditions of appointment, had accrued or was accruing immediately before the transfer day.
(3) On the transfer day, a benefit or entitlement mentioned in subsection (2) ceases to accrue and becomes payable as if—(a) the general manager’s appointment had, according to its conditions, been terminated on the transfer day; and(b) the termination is other than by the general manager.
(4) In this section—
"existing conditions of appointment" , for the general manager, means the general manager’s conditions of appointment as determined by the Minister under the QBSA Act, section 17.
(1) On the transfer day—(a) the former authority’s assets, liabilities and rights vest in the commission; and(b) the commission is substituted for the former authority in all agreements to which the former authority is a party.
(2) In this section—
"agreement" includes leases, undertakings and contractual arrangements.
(1) On the transfer day, the commission stands in place of the former authority for any unresolved application made—(a) under the QBSA Act to the former authority; or(b) by the former authority to the tribunal.
(2) For subsection (1)(a), the commission may be satisfied about a matter merely because the former authority was satisfied about the matter under the relevant provision of the QBSA Act.
(3) In this section—
"unresolved application" means an application made, but not finally decided or withdrawn, before the transfer day.
(1) If, immediately before the transfer day, the former authority was a party to a legal proceeding, the commission is substituted for the former authority as the party.
(2) For section 111(1), the commission is taken to have knowledge of the commission of a past offence—(a) if the offence came to the former authority’s knowledge; and(b) when the offence came to the former authority’s knowledge.Note—See section 45(6) for the continued authorisation of particular persons to bring prosecutions for offences against this Act.
(3) In this section—
"legal proceeding" means a proceeding before a court or tribunal.
"past offence" means an offence against this Act for which—(a) the alleged date of commission of the offence was before the transfer day; and(b) the prosecution for the offence had not yet started on the transfer day.
(1) A pending Ministerial direction to the former authority applies, if the context permits, to the commission as it would have applied to the former authority.
(2) In this section—
"pending Ministerial direction" means a direction by the Minister under section 7 of the QBSA Act and in effect immediately before the transfer day.
(1) On the transfer day, a record of the former board becomes a record of the commission.
(2) In this section—
"record" includes a register kept by the former authority under the QBSA Act.
(1) The appointment of an individual as the insurance manager under section 21 of the QBSA Act continues and is taken to have been made by the commission.
(2) The remuneration and conditions of appointment of the insurance manager decided by the former authority under the QBSA Act continue to apply for the appointment.
(3) The appointment of a relevant officer of the former authority as an inspector under section 104 of the QBSA Act continues and is taken to have been made by the commission.
(4) Subsection (5) applies if, immediately before the transfer day—(a) a relevant officer of the former authority had been issued a card (however called) identifying the officer as a person holding an authorisation under section 104 of the QBSA Act; and(b) the card had not expired according to its terms.
(5) The card is taken to be an identity card issued to the officer as an inspector until the earlier of the following—(a) the person is issued a new identity card by the commission under this Act;(b) the card expires according to its terms.
(6) A person authorised by the former authority to bring a prosecution for an offence against this Act under section 111(2) of the QBSA Act continues to be authorised and the authorisation is taken to have been given by the commission.
(1) This section applies unless the transfer day is 1 July in a year.
(2) The commission’s annual report for the financial year in which the commission is established must include information about the former authority’s operations that would have been required to be included in the commission’s annual report if the QBSA Act had not been amended by the amending Act.
(3) In this section—
"annual report" means annual report under the Financial Accountability Act 2009.
(1) From the transfer day, each of the following things in effect immediately before the transfer day continue in effect as if the thing was approved, given or made by the commission when the thing first took effect—(a) a direction or notice given by the former authority under the QBSA Act;Example—a direction to a licensee to rectify or complete tribunal work(b) a demand, request or requirement made by the former authority under the QBSA Act that has not been fully complied with on the transfer day;Examples—1 a demand of a licensee to pay an amount owed to the former authority2 a request of an applicant to provide the former authority with further information or evidence to decide an application(c) a certificate, licence or permit issued by the former authority under the QBSA Act;(d) a decision of the former authority made under the QBSA Act.
(2) A policy of the former board, approved under section 9A of the QBSA Act and still in effect immediately before the transfer day, continues in effect as if the policy was made by the board.
(3) For a provision of this Act enabling the taking of action by an entity if the commission had previously taken a particular action, a reference to the commission having previously taken the action is taken to include a reference to the former authority having previously taken it.
In an Act or document—
(a) a reference to the former authority may, if the context permits, be taken to be a reference to the commission; and
(b) a reference to the former board may, if the context permits, be taken to be a reference to the board; and
(c) a reference to the general manager under the QBSA Act may, if the context permits, be taken to be a reference to the commissioner.
In an Act or document, a reference to the QBSA Act may, if the context permits, be taken as a reference to this Act as in force after the transfer day.
A change in the name of the employing office under the amending Act does not affect the status of that office.
(1) Nothing done under the amendments to the QBSA Act under the amending Act (the
"Act amendments" )—(a) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or(b) except as provided for under the Act amendments, is taken to fulfil a condition that—(i) terminates, or allows a person to terminate, an instrument or obligation; or(ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or(iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or(iv) requires any money to be paid before its stated maturity; or(c) releases a surety or other obligee, wholly or partly, from an obligation.
(2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under the Act amendments, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
(3) If, apart from this Act, giving notice to a person would be necessary to do something under the Act amendments, the notice is taken to have been given.
(4) In this section—
"relevant entity" means—(a) the State or an employee or agent of the State; or(b) the commission, a member or a relevant officer of the commission.
(1) Section 42(4) applies to building work carried out on or after 1 July 1992, unless the entitlement to payment for the carrying out of the building work was—(a) before the commencement of this section, decided by—(i) a court; or(ii) the tribunal; or(iii) an arbitrator or another entity authorised to make a binding decision about the entitlement; or(b) before 2 March 1999, the subject of—(i) a claim or counterclaim filed in a court; or(ii) an application made to the tribunal; or(iii) a reference to an arbitrator or another entity authorised to make a binding decision about the entitlement; or(c) provided for as a term of a binding agreement entered into before the commencement of this subsection, but only if the binding agreement—(i) is between—(A) 1 or more consumers and 1 or more building contractors; or(B) 1 or more building contractors and 1 or more other building contractors; and(ii) was entered into to resolve a dispute between some or all of the parties to the binding agreement; and(iii) is not the contract for the carrying out of the building work as originally entered into, or as originally entered into and as subsequently varied.
(2) In this section—
"tribunal" means the former Queensland Building Tribunal previously established under this Act, part 7, before amendment of this Act under the repealed Queensland Building Tribunal Act 2000.
In this part—
"Amendment Act" means the Queensland Building and Construction Commission and
Other Legislation Amendment Act 2014.
"commencement" means the commencement of the provision in which the term is
used.
"former" , in relation to a provision, means the provision as in force
immediately before the amendment of the provision under the Amendment Act.
(1) This section applies if, before the commencement, a person could have applied to the commission or tribunal for a review of any of the following decisions under former part 7, division 3—(a) a decision to direct or not to direct rectification or completion of tribunal work;(b) a decision that tribunal work undertaken at the direction of the commission is or is not of a satisfactory standard;(c) a decision not to categorise an individual as a permitted individual for a relevant event.
(2) If the person had not applied before the commencement, the person may make the application in compliance with the requirements of former part 7, division 3 and the commission or tribunal may review the decision.
(3) If the person had applied before the commencement, the commission or tribunal may start, continue and decide the review of the decision.
(4) For the purpose of starting, continuing or deciding a review to which this section applies, this Act, as in force immediately before the commencement, has effect as if this Act had not been amended by the Amendment Act.
(5) A decision of the commission or tribunal made after reviewing a decision under subsection (2) or (3) has effect despite the amendment of this Act by the Amendment Act.
(6) A decision of the commission made after reviewing a decision under subsection (2) or (3) is taken to be a reviewable decision for part 7, division 3, subdivision 2 and a person affected by the decision may apply to the tribunal under section 87 for a review of the decision.
(1) This section applies if—(a) the commission had applied to the tribunal under former section 88 to conduct a proceeding to decide whether proper grounds exist for taking disciplinary action against a person before the commencement; and(b) the tribunal had not started or completed the disciplinary proceeding before the commencement.
(2) The tribunal may start, continue and complete the disciplinary proceeding as if former part 7, division 4 had not been repealed by the Amendment Act.
(1) This section applies if, before the commencement of this section, the commission—(a) had an obligation to allocate demerit points to a person under former part 3E; but(b) had not allocated the demerit points.
(2) The commission must allocate the demerit points to the person, as required under former part 3E, despite—(a) any amendment of this Act under the Amendment Act; or(b) the repeal of the Domestic Building Contracts Act 2000.
(1) An individual who, immediately before the commencement, was an excluded individual for a relevant bankruptcy or company event under former section 56AC continues to be an excluded individual for the relevant bankruptcy or company event under former section 56AC as if that section had not been amended by the Amendment Act.Note—The individual would continue under former section 56AC to be an excluded individual until 5 years had elapsed from the day the relevant bankruptcy or company event happened.
(2) An individual who, immediately before the commencement, was a permanently excluded individual under former section 58 continues to be a permanently excluded individual despite any amendment of parts 3A or 3B under the Amendment Act.
(3) However, section 61 continues to apply to the person.
(1) Subsection (2) applies if—(a) the commission gave an individual a written notice under former section 56AF(2) before the commencement; and(b) at the commencement, 28 days have not elapsed from the day the commission gave the person the notice mentioned in paragraph (a).
(2) The person may apply to the commission, and the commission may consider and decide the application, under former section 56AD, as if that section had not been repealed under the Amendment Act.
(3) Subsection (4) applies if, before the commencement, an individual applied to the commission under former section 56AD and the commission had not finally dealt with the application.
(4) The commission may continue to consider and decide the application, under former section 56AD, as if that section had not been repealed under the Amendment Act.
(5) To remove any doubt it is declared that the commission may categorise the person as a permitted individual despite the repeal of former section 56AD by the Amendment Act.
(1) A permitted individual for a relevant event continues to be taken not to be an excluded individual for the relevant event.
(2) The relevant event must not be counted in deciding, under section 61, whether the individual is or continues to be a permanently excluded individual.
(3) In this section—
"permitted individual" means—(a) an individual categorised as a permitted individual for a relevant event under former section 56AD if—(i) the person continued to be categorised as a permitted individual immediately before the commencement; or(ii) the person is categorised as a permitted individual after the commencement because of schedule 1, section 58; or(b) an individual categorised as a permitted individual for a relevant event as result of the tribunal reversing the commission’s decision not to categorise the individual as a permitted individual for the relevant event after a review of the decision by the tribunal.
(1) This section applies if, before the commencement—(a) a consumer applied to the commission under former section 71A for a direction to rectify building work that was defective or incomplete; and(b) the commission had not finally dealt with the application.
(2) The commission may deal with the application under former section 71A despite the repeal of that section by the Amendment Act.
(3) Former section 72 continues to apply for the purpose of subsection (2) as if that section had not been repealed by the Amendment Act.
(1) This section applies if, before the commencement—(a) the commission directed a person to rectify building work that was defective or incomplete under former section 72; and(b) the direction had not been complied with in full.
(2) The direction continues to apply to the person, and former section 72 continues to apply for that purpose, as if the section had not been replaced by the Amendment Act.
(3) The direction is taken, for section 73, to be a direction of the commission to rectify building work that is defective or incomplete, or to remedy consequential damage.
(1) Despite the repeal, the Domestic Building Contracts Act 2000, as in force immediately before the repeal, continues to apply—(a) for a domestic building contract entered into before the repeal; and(b) to the parties to a domestic building contract mentioned in paragraph (a).
(2) In this part—
"domestic building contract" means a domestic building contract within meaning of the Domestic Building Contracts Act 2000 as in force immediately before its repeal.
"repeal" means the repeal of the Domestic Building Contracts Act 2000.
(1) The repeal of the Domestic Building Contracts Act 2000 (the
"repealed Act" ) does not—(a) cause or require—(i) the licensee register kept under section 99 to be amended to remove notes relating to the repealed Act; or(ii) the cancellation of any demerit points relating to the repealed Act; and(b) prevent the consideration of—(i) any past contravention of a requirement imposed under the repealed Act; or(ii) any conviction of an offence against the repealed Act; or(iii) a person having been served with an infringement notice relating to the repealed Act.
(2) For the purpose of subsection (1)(b), a provision of this Act that includes a reference to a provision of schedule 1B is taken to include a reference to the equivalent provision of the repealed Act.
(1) This section applies if a person is alleged to have committed an offence against the repealed Domestic Building Contracts Act 2000 (the
"repealed Act" ) before its repeal.
(2) Proceedings for the offence may be started, continued or completed, and the Court may hear and decide the proceedings, as if the repealed Act had not been repealed.
(3) This section applies despite the Criminal Code, section 11.
(1) This section applies if, before the commencement, a right, privilege or liability was acquired, accrued or incurred by the commission or a person under former part 5 and—(a) the right or privilege had not been exhausted; or(b) the liability had not been released.
(2) The right, privilege or liability may be exercised or enforced under former part 5 despite the replacement of that part by the Amendment Act.
(3) To remove any doubt, it is declared that—(a) a person continues to be liable for any contravention of a provision of former part 5 that happened before the commencement; or(b) a person who, before the commencement, was liable to pay an insurance premium under former part 5 continues to be liable to pay the premium; or(c) a liability of the commission to issue a certificate of insurance under former part 5 that had not been issued before the commencement must be issued in compliance with former section 69(1); or(e) a proceeding to recover an amount under former section 71 may be started, continued or completed and any defence available to a person under that section may be relied upon.
(4) In this section—
"liability" includes an obligation of the commission or a person to take particular action under former part 5.
(1) A policy of insurance that came into force under former part 5 continues in force on the terms stated in the board’s policies for that purpose.
(2) Despite the replacement of part 5 by the Amendment Act, former part 5 continues to apply to a contract for residential construction work if the contract was entered into before the replacement day.
(3) To remove any doubt, it is declared that subsection (2)—(a) applies to a contract even if an insurance premium is paid in relation to the contract on or after the replacement day; and(b) does not prevent the consumer for the contract from obtaining optional additional cover under section 67Z.
(4) The board’s policies that are relevant for this section continue for that purpose despite the replacement of part 5 by the Amendment Act or the repeal of the policies under schedule 1, section 67.
(5) In this section—
"board’s policies" means the policies of the board made for the purposes of section 19 and relating to the statutory insurance scheme.
"replacement day" means the day former part 5 was replaced under the Amendment Act.
On the commencement all policies of the board made, for the purposes of section 19, about the terms of cover under the statutory insurance scheme are repealed.
(1) This section applies if, before the commencement—(a) an internal review application for a relevant decision under the unamended Act had been made but not decided or otherwise finally dealt with; or(b) the period under the unamended Act in which a person was entitled to apply to have a relevant decision reviewed had started but not ended.
(2) An internal review may be completed, or started and completed, as if the unamended Act continued to apply.
(3) Part 7, division 3, subdivision 2 applies to a person affected by a decision made under subsection (2) as if the decision under subsection (2) were a reviewable decision under section 87.
(4) In this section—
"internal review" means a proceeding for review under part 7, division 3, subdivision 1.
"relevant decision" means a decision under the Plumbing and Drainage Act 2002, section 68.
"unamended Act" means this Act as in force immediately before the commencement.
(1) Former section 68E continues to apply in relation to the following as if the amending Act had not been enacted—(a) the giving of a development approval mentioned in former section 68E(1) for an existing development application;(b) the giving of a compliance permit mentioned in former section 68E(1) for an existing request for compliance assessment.
(2) In this section—
"amending Act" means the Planning (Consequential) and Other Legislation Amendment Act 2016.
"existing development application" means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.
"existing request for compliance assessment" means a request for compliance assessment for development made under the repealed Planning Act, to which the Planning Act, section 288 applies.
"former section 68E" means section 68E as in force immediately before the commencement.
"repealed Planning Act" means the repealed Sustainable Planning Act 2009.
Sections 28A and 28B apply in relation to information obtained by the commission before or after the commencement.
(1) A new ground under section 48 or 74B applies only in relation to an act or omission that happens after the commencement.
(2) In this section—
"new ground" means—(a) for section 48—a ground for suspending or cancelling a licence under the section that was not a ground for cancelling or suspending a licence under the section immediately before the commencement; or(b) for section 74B—a ground for taking disciplinary action under the section that was not a ground for taking disciplinary action under the section immediately before the commencement.
(1) The Minister may make a recall order under part 6AA, division 4, or publish a warning statement under part 6AA, division 5, for a building product in existence on the commencement.
(2) Subsection (1) applies even if the building product was associated with a building or other structure before the commencement.
(1) This Act as in force after the commencement applies to an investigation under this Act started but not finished before the commencement.
(2) Without limiting subsection (1)—(a) the commission may—(i) give a direction under section 74AN during or after conducting an investigation under part 6A; and(ii) use information mentioned in section 74A(3) for the investigation, including information obtained before the commencement; and(b) an inspector may exercise powers under part 9 for the investigation.
(1) This Act as in force before the commencement continues to apply to the following as if the amendment Act had not been enacted—(a) a stop order in force immediately before the commencement;(b) a proceeding before the tribunal to allow a person to show cause why a stop order should not be confirmed that was started, but not finished, before the commencement;(c) the outcome of a proceeding mentioned in paragraph (b).
(2) In this section—
"amendment Act" means the Building and Construction Legislation (Non-conforming Building Products—Chain of Responsibility and Other Matters) Amendment Act 2017.
"stop order" means an order of the tribunal under section 97B as in force before the commencement.
(1) A policy, made by the board under repealed section 19 and approved by regulation, in force immediately before the commencement continues in force—(a) despite the repeal of section 19; and(b) until the matters provided for under the policy are prescribed by regulation.Note—The policies in force were the Rectification of Building Work made by the board on 16 May 2014 and the Minimum Financial Requirements made by the board on 28 August 2015.
(2) A regulation may declare the day a policy mentioned in subsection (1) expires under that subsection.
(1) An existing appointment of a person as an inspector under section 104 continues as an appointment as an investigator under section 104B.
(2) An existing appointment of a person as an investigator under repealed section 246CP of the Building Act 1975 continues as an appointment as an investigator under section 104B.
(3) An existing appointment of a person as an investigator under repealed section 33A of the Plumbing and Drainage Act 2002 continues as an appointment as an investigator under section 104B.
(4) In this section—
"existing appointment" means an appointment in force immediately before the commencement.
(1) An existing appointment of a person continued as mentioned in section 77 is taken to have been continued as mentioned in that section from the commencement of the section as originally enacted.Note—Section 77 as originally enacted commenced on 10 November 2017.
(2) Anything done between 10 November 2017 and the commencement of this section by a person as the holder of the appointment is taken to have been validly done by the person as if the appointment had been continued as mentioned in section 77 as in force after the commencement.
(3) Nothing in this section continues the appointment of a person beyond the end of that appointment under section 104D.
(1) Subsection (2) applies to a licensee who immediately before the commencement held a contractor’s licence for refrigeration, airconditioning and mechanical services including unlimited design licence.
(2) The licensee is taken to be a licensee for a mechanical services—air-conditioning and refrigeration (unlimited design), subject to any conditions applying to the licence.
(3) Subsection (4) applies to a licensee who immediately before the commencement held a contractor’s licence for refrigeration, airconditioning and mechanical services including limited design licence.
(4) The licensee is taken to be a licensee for a mechanical services—air-conditioning and refrigeration (limited design), subject to any conditions applying to the licence.
(1) This section applies in relation to relevant landscaping work carried out before the commencement of the Queensland Building and Construction Commission (Structural Landscaping Licences) Amendment Regulation 2019 by the holder of a licence of either of the following classes—(a) a builder restricted to structural landscaping licence;(b) a structural landscaping (trade) licence.
(2) The holder is taken to have held a licence of the appropriate class for carrying out the relevant landscaping work.
(3) In this section—
"relevant landscaping work" means work mentioned in the following provisions of the Queensland Building and Construction Commission Regulation 2018 —(a) schedule 2, part 10, section 2(7);(b) schedule 2, part 54, section 2(5).
(1) This section applies in relation to work that is the installation of a fire collar—(a) that was carried out by the holder of a relevant licence before the relevant commencement; and(b) to the extent the work would, if it were carried out by the holder on the relevant commencement, have been authorised for the holder’s licence under an amended provision.
(2) The holder is taken to have held a licence of the appropriate class for carrying out the work.
(3) In this section—
"amended provisions" means the following provisions of the Queensland Building and Construction Commission Regulation 2018, schedule 2, as in force on the relevant commencement—(a) part 18, section 2(2);(b) part 25, section 2(3)(b);(c) part 26, section 2(7);(d) part 30, section 2(2)(b);(e) part 36, section 2(2);(f) part 47, section 2(2);(g) part 48, section 2(2).
"relevant commencement" means the commencement of the Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2019, section 12.Note—The date of the relevant commencement is 13 December 2019.
"relevant licence" means a licence of any of the following classes—(a) plumbing and drainage;(b) the licence class of install and maintain for a special hazard suppression systems licence;(c) the following licence classes for a sprinkler and suppression systems (reticulated water-based) licence—(i) install and maintain;(ii) install and maintain—restricted to commercial or industrial type;(iii) install and maintain—restricted to domestic or residential type;(d) the licence class of install and maintain—extra low voltage for a fire detection, alarm and warning systems licence;(e) gasfitting;(f) refrigeration, air conditioning and mechanical services including unlimited design;(g) refrigeration, air conditioning and mechanical services including limited design.
(1) For deciding whether a person is a fit and proper person or whether to suspend or cancel a licence, sections 31, 32, 32AA(2) and 48(2) apply in relation to the suspension or cancellation of an interstate or New Zealand licence only if the suspension or cancellation happens after the commencement.
(2) The commission may give a notice under section 28C for an event mentioned in section 28C(1) only if the event happens after the commencement.
(1) This section applies if, before the commencement, the commission decided not to approve a person as a qualified accountant for the Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018, section 11D.
(2) As soon as practicable after the commencement, the commission must give the person an exclusion notice for the decision.
(3) The exclusion notice is taken to have been given to the person on the day the person was given notice of the decision mentioned in subsection (1) that the person was not approved as a qualified accountant.
(1) Parts 3A, 3B, 3C and 3E apply to a site supervisor only in relation to a relevant event that happens after the commencement.
(2) Part 3A, division 4 applies in relation to an individual, other than a site supervisor, who is an excluded individual for a relevant event, whether the event happened before or after the commencement.
(3) Part 3B, division 3 applies in relation to an individual, other than a site supervisor, who is a permanently excluded individual, even if the individual became a permanently excluded individual before the commencement.
Section 111, as in force from time to time before the commencement, continues to apply in relation to an offence committed before the commencement.
In this part—
"validation period" means the period—
(a) starting at the beginning of the day on 11 November 2019; and
(b) ending at the end of the day on 9 November 2021.Notes—1 The Building Industry Fairness (Security of Payment) Act 2017, section 281 commenced on 11 November 2019.2 The Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021 commenced on 10 November 2021.
Section 72, as amended by the Justice and Other Legislation Amendment Act 2021, is taken to have applied from the start of the validation period.
(1) This section applies in relation to a direction made, or purportedly made, under section 72(2) during the validation period.
(2) It is declared that the direction is, and always has been, as valid as it would have been if the 35-day period had been prescribed by regulation under section 72(4) throughout the validation period.
(3) Also, subsection (4) applies if the period stated in the direction for rectifying building work or remedying consequential damage ended on a day that was—(a) between 28 and 34 days after the day the direction was made, as stated in the direction; or(b) later than 35 days after the day the direction was made, as stated in the direction.
(4) It is declared that the direction is, and always has been, as valid as it would have been if the period stated in the direction had complied with the 35-day period.
(5) Without limiting subsection (2) or (4), any action, or purported action, taken in reliance on the direction is taken to be as lawful and valid as it would have been if the matters mentioned in the subsection had effect.Example of action, or purported action, taken in reliance on the direction—the grant, under section 72B, of an extension of the period for compliance with the direction
(6) This section does not limit the operation of section 76 of this schedule in relation to matters provided for under a policy mentioned in that section.
(7) In this section—
"35-day period" means the period prescribed under section 72(4) by the Queensland Building and Construction Commission Regulation 2018, section 53A.Note—Section 53A was inserted by the Queensland Building and Construction Commission (Rectification of Building Work) Amendment Regulation 2021.
(1) This section applies if, during the suspension period—(a) the limitation period for giving a direction to rectify or remedy building work ended; and(b) the commission did not give the direction.
(2) Despite section 72A(4), the limitation period for giving the direction is taken to end on the day that is 7 days after the commencement.
(3) In this section—
"limitation period" , for giving a direction to rectify or remedy building work, means the period, mentioned in section 72A(4), of 6 years and 6 months after the building work to which the direction relates.
"suspension period" means the period—(a) starting at the beginning of the day on 3 November 2021; and(b) ending at the end of the day on 9 November 2021.