Queensland Consolidated Acts Queensland Consolidated ActsAn unlicensed person who carries out, in the course of employment, building work (other than fire protection work or mechanical services work) for which the person’s employer holds a licence of the appropriate class under this Act does not contravene section 42 (1) .
(1) An unlicensed person who, as a subcontractor, carries out, or undertakes to carry out, building work (other than fire protection work or mechanical services work) for a licensed trade contractor, does not contravene section 42 (1) if the work is within the scope of the building work allowed by the class of licence held by the contractor.
(2) In this section—
"licensed trade contractor" means a licensed contractor other than the following—(a) a licensed builder;(b) a licensed contractor who holds a contractor’s licence authorising the licensee to carry out completed building inspections.
An unlicensed person who carries out, or undertakes to carry out, building work (other than fire protection work or mechanical services work) in partnership with another person who is licensed to carry out building work of the relevant class does not contravene section 42 (1) .
Note—Section 56 states that a licensed contractor may carry on business under the contractor’s licence in partnership with an unlicensed person subject to the conditions stated in the section.
An unlicensed person who holds an owner-builder permit does not contravene section 42 (1) by carrying out building work permitted under the permit.
An unlicensed person who carries out, or undertakes to carry out, design work does not contravene section 42 (1) if—
(a) the person carries on business as a landscape architect; and
(b) the person carries out the design work, or undertakes to carry it out, as part of the person’s work as a landscape architect; and
(c) the design work is of a type ordinarily carried out as an appropriate or necessary component of a landscape architect’s work.
A consumer who engages 1 or more licensed contractors to carry out building work for the consumer does not contravene section 42 (1) if the consumer does not provide building work services for the work.
Examples of a consumer who does not provide building work services—• a consumer who engages a licensed builder to build, and carry out all building work services for, a new residence• a consumer who, as a principal, enters into construction management trade contracts for building work and engages a construction manager for building work services for the work
A person who holds any of the following licences does not contravene section 42 (1) only by doing something permitted under the licence—
(a) a nominee supervisor’s licence;
(b) a site supervisor’s licence;
(c) a fire protection occupational licence;
(d) a mechanical services occupational licence.
(1) An unlicensed person who enters into a contract to carry out building work does not contravene section 42 (1) merely because the person entered into the contract if the building work—(a) is not residential construction work or domestic building work; and(b) is to be carried out by a person (an
"appropriately licensed contractor" ) who is licensed to carry out building work of the relevant class.
(2) Also, the unlicensed person does not contravene section 42 (1) merely because the person—(a) directly or indirectly causes the building work to be carried out by an appropriately licensed contractor; or(b) enters into another contract, with an appropriately licensed contractor, to carry out the work.
(3) However, subsection (1) ceases to apply to the unlicensed person if the person causes or allows any of the building work to be carried out by a person who is not licensed to carry out building work of the relevant class.
(4) Also, subsections (1) and (2) do not apply in circumstances prescribed by regulation.
An unlicensed person who submits a tender to carry out building work or makes an offer to carry out building work does not contravene section 42 (1) merely because the person submits the tender or makes the offer if the building work—
(a) is not residential construction work or domestic building work; and
(b) is to be carried out by a person who is licensed to carry out building work of the relevant class.
(1) This section applies to a special purpose vehicle that undertakes to carry out building work under a public-private partnership.
(2) The special purpose vehicle does not contravene section 42 (1) merely because the vehicle undertakes to carry out the building work if the work is to be carried out by a person (an
"appropriately licensed contractor" ) who is licensed to carry out building work of the relevant class.
(3) Also, the special purpose vehicle does not contravene section 42 (1) merely because the special purpose vehicle—(a) directly or indirectly causes the building work to be carried out by an appropriately licensed contractor; or(b) enters into a contract, with an appropriately licensed contractor, to carry out the work.
(4) However, this section ceases to apply to the special purpose vehicle if the special purpose vehicle causes or allows any of the building work to be carried out by a person who is not licensed to carry out building work of the relevant class.
(1) This section applies to an unlicensed person who, by doing any of the following, undertakes to carry out building work for a prescribed government project—(a) enters into a contract with a government entity to carry out building work for the project;(b) submits a tender to a government entity to carry out building work for the project;(c) makes an offer to a government entity to carry out building work for the project.
(2) The unlicensed person does not contravene section 42 (1) merely because the person undertakes to carry out the building work if the work—(a) is of a class prescribed, under a regulation, for the prescribed government project; and(b) is to be carried out by a person (an
"appropriately licensed contractor" ) who is licensed to carry out building work of the relevant class.
(3) Also, the unlicensed person does not contravene section 42 (1) merely because the person—(a) directly or indirectly causes the building work to be carried out by an appropriately licensed contractor; or(b) enters into a contract, with an appropriately licensed contractor, to carry out the work.
(4) However, this section ceases to apply to the unlicensed person if the person causes or allows any of the building work to be carried out by a person who is not licensed to carry out building work of the relevant class.
(5) In this section—
"government entity" means the State, the Commonwealth or a local government, or any of their authorities or agencies.
"prescribed government project" means a project, prescribed under a regulation, involving building work to be carried out—(a) for, or on behalf of, a government entity; and(b) by 1 or more private sector entities.