Queensland Numbered Acts
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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) AND OTHER LEGISLATION
AMENDMENT ACT 2020
- As at 23 July 2020
- Act 24 of 2020
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - AMENDMENT OF ARCHITECTS ACT 2002
3. Act amended
4. Amendment of s 11 (Fitness to practise as an architect)
5. Amendment of s 28 (Grounds for cancellation)
6. Amendment of s 29 (Procedure for cancellation)
7. Amendment of s 29A (Immediate suspension of registration)
8. Insertion of new s 31A
9. Insertion of s 32AA
10. Replacement of s 32A (Notification of disciplinary action by other bodies)
11. Insertion of new pt 2B
12. Amendment of s 36 (Grounds for disciplining an architect)
13. Amendment of s 50 (Issue of identity card)
14. Amendment of s 51 (Production or display of identity card)
15. Replacement of s 55 (Power to require information or attendance)
16. Amendment of s 56 (Offences)
17. Insertion of new pt 3, divs 7A to 7C
18. Amendment of s 73 (Board’s decision on investigation about architects)
19. Amendment of s 75 (Board’s decision about other investigations)
20. Amendment of s 80 (Functions of board)
21. Replacement of s 90 (Report about person’s criminal history)
22. Amendment of s 102 (Keeping register)
23. Insertion of new s 107A
24. Amendment of s 115 (Claims about provision of architectural services)
25. Amendment of s 116 (Providing information about architects)
26. Amendment of s 117 (Information on correspondence about architectural services)
27. Amendment of s 121 (Review of particular decisions)
28. Replacement of s 138 (Summary proceedings for offences)
29. Insertion of new s 141B
30. Insertion of new pt 11, div 4
31. Amendment of sch 2 (Dictionary)
PART 3 - AMENDMENT OF BUILDING ACT 1975
32. Act amended
33. Replacement of s 12 (What is the Building Code of Australia (or BCA))
34. Replacement of s 13 (What is the Queensland Development Code (or QDC))
35. Amendment of s 21 (Building work that is accepted development for the Planning Act)
36. Amendment of s 33 (Alternative provisions to QDC boundary clearance and site cover provisions for particular buildings)
37. Amendment of s 37 (Provision for changes to building assessment provisions)
38. Amendment of s 49 (Functions of private certifier (class B))
39. Amendment of s 50 (Restrictions on building certifying functions that a private certifier (class B) can perform)
40. Amendment of s 61 (Alterations to safe existing work may be approved on basis of earlier building assessment provisions)
41. Insertion of new s 124A
42. Amendment of s 127 (Building certifier’s duty to act in public interest in performing building certifying function)
43. Amendment of s 136 (Offence for private certifier not to act in public interest in performing private certifying function)
44. Replacement of s 143 (Notice of engagement to local government)
45. Amendment of s 150 (Obligation to keep inspection documentation)
46. Amendment of s 155 (Who may apply)
47. Amendment of s 156 (Requirements for licence application)
48. Amendment of s 167 (Applying for renewal)
49. Amendment of s 171 (Power to amend, cancel or suspend licence)
50. Amendment of s 172 (Power to change licence level)
51. Amendment of s 179 (Register of building certifiers)
52. Replacement of s 184 (Accreditation standards bodies)
53. Amendment of s 185 (Function of accreditation standards body)
54. Amendment of s 186 (Criteria for deciding suitability of applicants and licensees)
55. Amendment of s 190 (Making a complaint against a building certifier)
56. Insertion of new ch 6, pt 5
57. Insertion of new ch 11, pt 21
58. Omission of sch 1 (The QDC on 14 June 2011)
59. Amendment of sch 2 (Dictionary)
PART 4 - AMENDMENT OF BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017
60. Act amended
61. Amendment of s 2 (Commencement)
62. Amendment of s 3 (The main purpose of Act)
63. Replacement of ch 2 (Project bank accounts)
64. Amendment of s 64 (Definitions for chapter)
65. Amendment of s 75 (Making payment claim)
66. Amendment of s 76 (Responding to payment claim)
67. Amendment of s 85 (Time for deciding adjudication application)
68. Amendment of s 86 (Extending time for deciding adjudication application)
69. Amendment of s 88 (Adjudicator’s decision)
70. Replacement of s 90 (Respondent required to pay adjudicated amount)
71. Amendment of s 95 (Adjudicator’s fees)
72. Amendment of s 97 (Withdrawing from adjudication)
73. Insertion of new ch 3, pt 4A
74. Amendment of s 99 (Notice required before starting particular proceedings)
75. Insertion of new ch 3, pt 6A
76. Amendment of s 117 (No subcontractor’s charge over money held in trust under a project bank account)
77. Amendment of s 149 (Registry)
78. Insertion of new ch 5, pt 3
79. Insertion of new s 198A
80. Insertion of new ss 200C–200E
81. Amendment of s 201 (Regulation-making power)
82. Insertion of new ch 8A
83. Replacement of ch 9, pt 1, divs 2 and 3
84. Amendment of sch 2 (Dictionary)
PART 5 - AMENDMENT OF PROFESSIONAL ENGINEERS ACT 2002
85. Act amended
86. Amendment of s 11 (Fitness to practise as a registered professional engineer)
87. Amendment of s 27A (Imposition of certain conditions on registration)
88. Amendment of s 28 (Grounds for cancellation)
89. Amendment of s 29 (Procedure for cancellation)
90. Amendment of s 29A (Immediate suspension of registration)
91. Insertion of new s 31A
92. Insertion of s 32AA
93. Replacement of s 32A (Notification of disciplinary action by other bodies)
94. Insertion of new pt 2B
95. Amendment of s 50 (Issue of identity card)
96. Amendment of s 51 (Production or display of identity card)
97. Replacement of s 55 (Power to require information or attendance)
98. Amendment of s 56 (Offences)
99. Insertion of new pt 3, divs 7A to 7C
100. Amendment of s 73 (Board’s decision on investigation about registered professional engineer)
101. Amendment of s 80 (Functions of board)
102. Replacement of s 90 (Report about person’s criminal history)
103. Amendment of s 102 (Keeping register)
104. Amendment of s 122 (Review of particular decisions)
105. Replacement of s 139 (Summary proceedings for offences)
106. Insertion of new s 142B
107. Amendment of sch 2 (Dictionary)
PART 6 - AMENDMENT OF QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991
Division 1 - Preliminary
108. Act amended
Division 2 - Miscellaneous licensing amendments
109. Insertion of new s 28C
110. Amendment of s 30 (Classes of contractors’ licences)
110A . Insertion of new s 30CA
111. Insertion of new s 30E
112. Amendment of s 31 (Entitlement to contractor’s licence)
113. Amendment of s 32 (Entitlement to a nominee supervisor’s licence)
114. Amendment of s 32AA (Entitlement to a site supervisor’s licence)
115. Omission of s 32A (Exception for s 30(4) licences)
115A . Amendment of s 35 (Imposition of conditions etc. on grant of licence)
115B . Amendment of s 36 (Subsequent imposition of conditions etc.)
115C . Insertion of new s 36A
115D . Amendment of s 42A (Exemption from s 42 for up to 6 months)
115E . Amendment of s 42C (Unlawful carrying out of fire protection work)
115F . Amendment of s 42CA (Unlawful carrying out of mechanical services work)
116. Amendment of s 48 (Cancellation or suspension of licence)
117. Insertion of new pt 3, div 9B
118. Amendment of s 53A (Satisfying minimum financial requirements at renewal)
120. Amendment of s 56AG (Procedure if licensee is excluded company)
120A . Amendment of s 67AB (Meaning of tier 1 defective work and carry out tier 1 defective work)
121. Amendment and renumbering of s 72AA (Delaying or obstructing compliance with direction to rectify or remedy)
122. Amendment of s 86 (Reviewable decisions)
123. Insertion of new s 109B
123A . Insertion of new s 115D
124. Amendment of s 116 (Regulations)
125. Amendment of sch 1 (Transitional and validating provisions)
125A . Amendment of sch 1A (Exemptions from requirement to hold contractor’s licence)
126. Amendment of sch 2 (Dictionary)
Division 3 - Auditing amendments
127. Amendment of s 50A (Approved audit program)
128. Amendment of s 50CA (Who is a qualified accountant)
129. Amendment of s 67AZB (Limit on demerit points from single audit)
130. Amendment of s 67NB (Failure to pay retention amount)
131. Amendment of s 67U (Void payment provision in construction management trade contract or subcontract)
132. Amendment of s 67W (Void payment provision in commercial building contract)
133. Amendment of s 86 (Reviewable decisions)
Division 4 - Amendments about excluded individuals
134. Amendment of s 32AA (Entitlement to a site supervisor’s licence)
135. Amendment of s 42E (Avoidance of contractual obligations causing significant financial loss)
136. Amendment of s 48 (Cancellation or suspension of licence)
137. Amendment of s 50C (Supply of financial records and other documents under approved audit program or for other reason)
138. Amendment of s 53B (False or misleading documents about minimum financial requirements)
139. Amendment of s 56AB (Operation of pt 3A)
140. Insertion of new pt 3A, div 4
141. Amendment of s 57 (Operation of pt 3B)
142. Amendment of s 58 (Meaning of permanently excluded individual)
143. Insertion of new pt 3B, div 3
144. Amendment of s 62 (Operation of pt 3C)
145. Amendment of s 67AV (Operation of pt 3E)
146. Amendment of s 86 (Reviewable decisions)
147. Amendment of s 111 (Prosecutions for offences)
148. Insertion of new sch 1, pt 17, ss 83 and 84
149. Amendment of sch 2 (Dictionary)
PART 7 - AMENDMENT OF RETIREMENT VILLAGES ACT 1999
150. Act amended
151. Insertion of new s 41K
PART 8 - REPEAL
152. Repeal
PART 9 - MINOR AND CONSEQUENTIAL AMENDMENTS
153. Acts amended
SCHEDULE 1
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