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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67GA
Building contracts to include mandatory conditions
(1) A building contractor must not enter into a building contract that does
not include the conditions (
"mandatory conditions" ) prescribed by regulation for inclusion in that type
of building contract. Penalty— Maximum penalty—80 penalty units.
(2) Subsection (1) does not apply to a building contractor who— (a) enters
into a building contract as a principal; or
(b) enters into a subcontract as
the contracted party.
(3) A building contract is subject to the
mandatory conditions regardless of whether the conditions are stated in the
contract or not.
(4) The mandatory conditions have effect despite any
provision to the contrary in a building contract.
(5) A provision of a
building contract is of no effect to the extent to which it— (a) is contrary
to a mandatory condition; or
(b) purports to annul, exclude or change a
mandatory condition; or
(c) may reasonably be construed as an attempt to
deter a person from enforcing a mandatory condition.
(6) This section does
not apply in relation to a condition of a building contract that imposes a
greater or more onerous obligation on a building contractor than are imposed
under the mandatory conditions.
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