Queensland Consolidated Regulations

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION REGULATION 2018 - REG 32

32 Associate of building contractor not entitled to assistance under statutory insurance scheme—Act, s 68

(1) For section 68 (4) of the Act , if a building contractor carries out residential construction work, a person who is an associate of the building contractor is not entitled to assistance under the statutory insurance scheme in relation to the work.

(2) In this section—

"associate" , of a building contractor, means—

(a) if the building contractor is an individual—

(i) the individual’s spouse or child; or

(ii) a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(iii) a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or

(iv) a corporation of which the individual is an executive officer; or

(v) a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or

(b) if the building contractor is a corporation—

(i) an executive officer of the corporation; or

(ii) a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or

Examples for subparagraph (ii)—

• a shareholder with a significant shareholding

• a financier

• a senior employee

• an executive officer of another corporation that holds a controlling interest in the corporation

(iii) the spouse or child of a person mentioned in subparagraph (i) , (ii) or (vii) ; or

(iv) a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or

(v) a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or

(vi) a related body corporate of the corporation; or

(vii) the corporation’s nominee.

"building contractor" does not include a subcontractor who carries out building work for a building contractor.

"related body corporate" see the Corporations Act , section 50 .