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Queensland
Queensland Building Services
Authority Amendment
Bill 2013
Queensland
Queensland Building Services Authority
Amendment Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Queensland Building Services Authority Act
1991
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Replacement of pt 2, divs 1-4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 1 Establishment, functions and powers
5 Establishment and status . . . . . . . . . . . . . . . . . . . . . . 7
6 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Ministerial direction. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Queensland Building and Construction Board
Subdivision 1 Establishment and functions
10 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subdivision 2 Membership
12 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Disqualification as member . . . . . . . . . . . . . . . . . . . . 10
14 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 10
15 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Queensland Building Services Authority Amendment Bill 2013
Contents
Subdivision 3 Board's policies
19 Board's policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Subdivision 4 Business
20 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20A Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20B Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20C Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3 Commissioner
20D Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20E Disqualification as commissioner . . . . . . . . . . . . . . . . 16
20F Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 16
20G Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 16
20H Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20I Appointment of acting commissioner . . . . . . . . . . . . . 17
20J Role of the commissioner. . . . . . . . . . . . . . . . . . . . . . 17
20K Relationship between commissioner and board. . . . . 19
20L Commissioner not to engage in other paid
employment .......................... 19
20M Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . 20
6 Replacement of s 27 (Authority is statutory body) . . . . . . . . . . . . 20
27 Application of financial Acts . . . . . . . . . . . . . . . . . . . . 20
7 Insertion of new s 71AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
71AB Statutory insurance scheme not to affect licensing
decisions ............................... 21
8 Amendment of s 114 (Protection). . . . . . . . . . . . . . . . . . . . . . . . . 21
9 Insertion of new s 115A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
115A Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
10 Amendment of sch 1 (Transitional and validating provisions). . . . 22
11 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 3 Amendment of Building Act 1975
12 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
13 Insertion of new ch 11, pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 17 Transitional provisions for Queensland
Building Services Authority Amendment Act
2013
324 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
325 Unresolved applications to or by the former BSA. . . . 33
Page 2
Queensland Building Services Authority Amendment Bill 2013
Contents
326 Prosecution of offences against chapter 6 or section
246AP(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
327 Other administrative matters relating to the former
BSA ................................. 35
Part 4 Minor and consequential amendments
14 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 37
Body Corporate and Community Management Act 1997. . . . . . . 37
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Building and Construction Industry Payments Act 2004. . . . . . . . 40
Building and Construction Industry (Portable Long Service Leave)
Act 1991 ....................................... 42
Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . 43
Domestic Building Contracts Act 2000 . . . . . . . . . . . . . . . . . . . . . 43
Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 44
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Pest Management Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Queensland Building Services Authority Act 1991 . . . . . . . . . . . . 45
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 52
Subcontractors' Charges Act 1974. . . . . . . . . . . . . . . . . . . . . . . . 53
Sustainable Planning Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Page 3
2013
A Bill
for
An Act to amendment the Queensland Building Services
Authority Act 1991 to replace the Queensland Building
Services Authority with a new commission, and to make
consequential or minor amendments of the Building Act 1975
and the Acts as stated in schedule 1 for related purposes
Queensland Building Services Authority Amendment Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Queensland Building Services 4
Authority Amendment Act 2013. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Queensland 8
Building Services Authority Act 9
1991 10
Clause 3 Act amended 11
This part amends the Queensland Building Services Authority 12
Act 1991. 13
Note-- 14
See also the amendments in schedule 1. 15
Clause 4 Amendment of s 1 (Short title) 16
Section 1, `Queensland Building Services Authority'-- 17
omit, insert-- 18
Queensland Building and Construction Commission 19
Page 6
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
Clause 5 Replacement of pt 2, divs 1-4 1
Part 2, divisions 1 to 4-- 2
omit, insert-- 3
Division 1 Establishment, functions 4
and powers 5
5 Establishment and status 6
(1) The Queensland Building and Construction 7
Commission is established. 8
(2) The commission-- 9
(a) is a body corporate; and 10
(b) has a common seal; and 11
(c) may sue and be sued in its corporate name. 12
6 Constitution 13
The commission consists of-- 14
(a) the Queensland Building and Construction 15
Board; and 16
(b) the commissioner and the organisational 17
unit under the control of the commissioner. 18
7 Functions 19
The commission has the following functions-- 20
(a) to administer this Act and further its objects; 21
(b) any function given to it under another Act. 22
8 Powers 23
(1) The commission has all the powers of an 24
individual and may, for example-- 25
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
(a) enter into contracts or agreements; and 1
(b) acquire, hold, deal with and dispose of, 2
property; and 3
(c) employ staff; and 4
(d) appoint agents and attorneys; and 5
(e) engage consultants; and 6
(f) charge a fee for services and other facilities 7
it supplies; and 8
(g) do anything else necessary or convenient to 9
be done for its functions. 10
(2) Without limiting subsection (1), the commission 11
has the powers given to it under an Act. 12
9 Ministerial direction 13
(1) The Minister may give the commission a written 14
direction in relation to the commission and its 15
functions. 16
(2) The commission must comply with the direction. 17
(3) The Minister must cause a copy of the direction 18
to be tabled in the Legislative Assembly within 7 19
sitting days after it is given. 20
(4) The commission's annual report under the 21
Financial Accountability Act 2009, section 63 for 22
the year in which the direction is given must 23
include a copy of the direction. 24
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
Division 2 Queensland Building and 1
Construction Board 2
Subdivision 1 Establishment and 3
functions 4
10 Establishment 5
The Queensland Building and Construction 6
Board is established as the commission's 7
governing body. 8
11 Functions 9
The board has the following functions-- 10
(a) deciding the strategies and the operational, 11
administrative and financial policies to be 12
followed by the commission; 13
(b) ensuring the commission performs its 14
functions and exercises its powers in a 15
proper, effective and efficient way; 16
(c) making and reviewing policies governing 17
the administration of this Act; 18
(d) providing guidance and leadership to the 19
commissioner; 20
(e) advising the Minister on issues affecting-- 21
(i) the building industry; and 22
(ii) consumers; and 23
(iii) the administration of this Act; and 24
(iv) the administration of the commission; 25
(f) advising the Minister about unfair or 26
unconscionable trading practices affecting 27
security of payments to subcontractors; 28
Page 9
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
(g) consulting the building industry and its 1
consumers and advancing their interests, 2
consistently with the objects of this Act. 3
Subdivision 2 Membership 4
12 Appointment 5
(1) The board consists of 7 members appointed by 6
the Governor in Council. 7
(2) In appointing a person as a member, the 8
Governor in Council must have regard to the 9
person's ability to make a contribution to the 10
effective and efficient performance of the 11
commission's functions. 12
(3) The members are appointed under this Act and 13
not the Public Service Act 2008. 14
13 Disqualification as member 15
A person is disqualified from becoming, or 16
continuing as, a member if the person-- 17
(a) has a recorded conviction, other than a spent 18
conviction, for an indictable offence; or 19
(b) is an insolvent under administration; or 20
(c) is not able to manage a corporation because 21
of the Corporations Act, part 2D.6; or 22
(d) is a relevant officer or contractor of the 23
commission. 24
14 Conditions of appointment 25
(1) A member is to be paid the remuneration and 26
allowances decided by the Governor in Council. 27
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
(2) For matters not provided for by this Act, a 1
member holds office on the terms and conditions 2
decided by the Governor in Council. 3
15 Term of appointment 4
(1) A member is appointed for the term, of no more 5
than 3 years, stated in the member's instrument 6
of appointment. 7
(2) However, a person's appointment as a member 8
ends if, during the term of the appointment, the 9
person becomes disqualified under section 13. 10
16 Chairperson 11
(1) The Governor in Council must appoint a member 12
as the chairperson of the board. 13
(2) A person may be appointed as the chairperson 14
when the person is appointed as a member. 15
(3) The chairperson holds office for the term, ending 16
no later than the person's term of appointment as 17
a member, stated in the person's instrument of 18
appointment as chairperson. 19
(4) However, a person's appointment as chairperson 20
ends if, during the term of the appointment, the 21
person stops being a member. 22
17 Deputy chairperson 23
(1) The Governor in Council must appoint a 24
member, other than the chairperson, as deputy 25
chairperson of the board. 26
(2) The deputy chairperson holds office for the term, 27
ending no later than the person's term of 28
appointment as a member, stated in the person's 29
instrument of appointment as chairperson. 30
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
(3) However, a person's appointment as deputy 1
chairperson ends if, during the term of the 2
appointment, the person stops being a member. 3
(4) The deputy chairperson must act as 4
chairperson-- 5
(a) during a vacancy in the office of 6
chairperson; and 7
(b) during all periods when the chairperson is 8
absent from duty or, for another reason, can 9
not perform the functions of the office. 10
18 Resignation 11
(1) A member may resign by signed notice given to 12
the Minister. 13
(2) Also, a member may resign the office of 14
chairperson or deputy chairperson by signed 15
notice given to the Minister. 16
(3) The resignation takes effect-- 17
(a) on the day the notice is given; or 18
(b) if a later day is stated in the notice--on the 19
later day. 20
(4) A person resigning from the office of chairperson 21
or deputy chairperson may continue to be a 22
member. 23
Subdivision 3 Board's policies 24
19 Board's policy 25
(1) The board may make a policy governing the 26
administration of this Act. 27
Page 12
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
(2) However, the policies can not prevent the 1
commissioner acting independently when 2
making decisions-- 3
(a) about the action to be taken about a 4
licensee's licence; or 5
(b) about rectification or completion of building 6
work; or 7
(c) relating to the statutory insurance scheme. 8
(3) Also, the policies do not take effect until they 9
have been approved by regulation. 10
(4) The commission must-- 11
(a) publish the policies on its website; and 12
(b) keep copies of them available for inspection, 13
without charge, at the commission's office at 14
any time that office is open to the public; 15
and 16
(c) if asked, advise where copies of them may 17
be obtained. 18
Subdivision 4 Business 19
20 Conduct of business 20
Subject to this division and any requirement 21
prescribed under a regulation, the board may 22
conduct its business, including its meetings, in 23
the way it considers appropriate. 24
20A Meetings 25
(1) The chairperson must convene a meeting when 26
requested by at least 3 members. 27
(2) At a meeting of the board-- 28
(a) 4 members constitute a quorum; and 29
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
(b) a question is to be decided by a majority of 1
votes of the members present and voting; 2
and 3
(c) each member present has 1 vote on any 4
question arising for decision and, if the 5
votes are equal, the member presiding at the 6
meeting has a casting vote. 7
(3) The board must keep minutes of its meetings. 8
20B Committees 9
The board, or the Minister, may appoint 10
committees to advise the board on particular 11
subjects. 12
20C Disclosure of interests 13
(1) This section applies to a member if-- 14
(a) the member has an interest in an issue being 15
considered, or about to be considered, by the 16
board; and 17
(b) the interest conflicts or may conflict with 18
the proper performance of the member's 19
duties about the consideration of the issue. 20
(2) After the relevant facts come to the member's 21
knowledge, the member must disclose the nature 22
of the interest to a board meeting. 23
(3) Unless the board otherwise directs, the member 24
must not-- 25
(a) be present when the board considers the 26
issue; or 27
(b) take part in a decision of the board about the 28
issue. 29
(4) The member must not be present when the board 30
is considering whether to give the direction. 31
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
(5) If there is another person who must, under 1
subsection (2), also disclose an interest in the 2
issue, the other person must not-- 3
(a) be present when the board is considering 4
whether to give the direction; or 5
(b) take part in making the decision about 6
giving the direction. 7
(6) Subsections (7) and (8) apply if-- 8
(a) because of this section, a member is not 9
present at a board meeting for considering 10
or deciding the issue, or for considering or 11
deciding whether to give the direction; and 12
(b) there would be a quorum if the member 13
were present. 14
(7) The remaining members present are a quorum of 15
the board for considering or deciding the issue, or 16
for considering or deciding whether to give the 17
direction, at the meeting. 18
(8) If there are no members who may remain present 19
for considering or deciding the issue, the 20
Minister may consider and decide the issue. 21
(9) The disclosure must be recorded in the board's 22
minutes. 23
Division 3 Commissioner 24
20D Appointment 25
(1) The commission must have a commissioner. 26
(2) The commissioner must be appointed by the 27
board with the Minister's prior written approval. 28
(3) The commissioner is employed under this Act 29
and not under the Public Service Act 2008. 30
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
20E Disqualification as commissioner 1
A person is disqualified from becoming, or 2
continuing as, the commissioner if the person-- 3
(a) has a recorded conviction, other than a spent 4
conviction, for an indictable offence; or 5
(b) is an insolvent under administration; or 6
(c) is not able to manage a corporation because 7
of the Corporations Act, part 2D.6; or 8
(d) is a member or a contractor of the 9
commission. 10
20F Conditions of appointment 11
For matters not provided for under this Act or 12
stated in the contract of employment, the 13
commissioner holds office on the terms of 14
appointment decided by the board with the 15
Minister's written approval. 16
20G Term of appointment 17
(1) The commissioner holds office for the term, not 18
more than 3 years, stated in his or her contract of 19
employment. 20
(2) However, a person's appointment as 21
commissioner ends if, during the term of the 22
appointment, the person becomes disqualified 23
under section 20E. 24
(3) Although the board may, at any time, remove a 25
person appointed as commissioner, the removal 26
does not affect any rights to compensation to 27
which the person is entitled under his or her 28
contract of employment. 29
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
20H Resignation 1
The commissioner may resign by signed notice 2
given to the chairperson of the board. 3
20I Appointment of acting commissioner 4
The board may only act under the Acts 5
Interpretation Act 1954, section 24B or 25 in 6
appointing a person to act in the office of 7
commissioner with the Minister's prior written 8
approval. 9
20J Role of the commissioner 10
(1) The commissioner is responsible for the 11
following-- 12
(a) the overall management of the 13
organisational unit under the control of the 14
commissioner; 15
(b) administration of the licensing system 16
established by this Act; 17
(c) administration of a system of inspection; 18
(d) issuing directions for rectification of 19
building work under this Act; 20
(e) taking disciplinary and other proceedings 21
under this Act; 22
(f) assessing and approving payment of 23
insurance claims; 24
(g) undertaking strategic planning; 25
(h) issuing warnings to the public or any section 26
of the public; 27
(i) providing and promoting consumer 28
education; 29
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
(j) providing an advisory service to consumers 1
about-- 2
(i) their statutory rights and obligations; 3
and 4
(ii) insurance claims that may arise about 5
building work; and 6
(iii) the commission's role, functions and 7
operating procedures; and 8
(iv) any incidental matters; 9
(k) providing courses of instruction for-- 10
(i) persons seeking to obtain licences; and 11
(ii) licensees; and 12
(iii) persons proposing to carry out building 13
work as owner-builders; and 14
(iv) other persons seeking to acquire 15
knowledge or expertise in subjects 16
related to the building industry; 17
(l) performing a function given to the 18
commissioner under an Act. 19
(2) In undertaking the strategic planning, the 20
commissioner must have regard to cyclical 21
industry conditions to ensure the commission's 22
available revenue base, and its assets and 23
reserves, are enough to allow it to maintain the 24
services it is required to provide. 25
(3) The commissioner has all the powers necessary 26
for carrying out those responsibilities and any 27
function (an additional function) the 28
commissioner is authorised by another Act to 29
carry out. 30
(4) In carrying out an additional function, the 31
commissioner may adopt the procedures of this 32
Act unless the Act authorising the function 33
prescribes another procedure. 34
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 5]
20K Relationship between commissioner and 1
board 2
(1) In carrying out the commissioner's 3
responsibilities, other than performing an 4
additional function, the commissioner must give 5
effect to any policy or direction of the board 6
relevant to the responsibility. 7
(2) However, the commissioner must act 8
independently of the board when making any of 9
the following types of decisions giving effect to 10
the board's policies-- 11
(a) a decision about the action to be taken about 12
a licensee's licence; 13
(b) a decision about rectification or completion 14
of building work; 15
(c) a decision relating to the statutory insurance 16
scheme. 17
(3) The commissioner must-- 18
(a) report regularly to the board on the 19
administration of this Act; and 20
(b) at the request of the board, provide the board 21
with a special report on a particular subject. 22
(4) In this section-- 23
additional function see section 20J(3). 24
20L Commissioner not to engage in other paid 25
employment 26
The commissioner must not, without the board's 27
prior written approval-- 28
(a) engage in paid employment outside the 29
duties of the office of commissioner; or 30
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Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 6]
(b) actively take part in the activities of a 1
business, or in the management of a 2
corporation carrying on business. 3
20M Conflicts of interest 4
If the commissioner has an interest that conflicts 5
or may conflict with the discharge of the 6
commissioner's responsibilities, the 7
commissioner-- 8
(a) must disclose the nature of the interest and 9
conflict to the board as soon as practicable 10
after the relevant facts come to the 11
commissioner's knowledge; and 12
(b) must not take action or further action 13
concerning a matter that is, or may be, 14
affected by the conflict unless authorised by 15
the board. 16
Clause 6 Replacement of s 27 (Authority is statutory body) 17
Section 27-- 18
omit, insert-- 19
27 Application of financial Acts 20
(1) The commission is-- 21
(a) a statutory body under the Financial 22
Accountability Act 2009; and 23
(b) a statutory body under the Statutory Bodies 24
Financial Arrangements Act 1982 (the 25
SBFA). 26
(2) The SBFA, part 2B, sets out the way in which the 27
commission's powers under this Act are affected 28
by the SBFA. 29
Page 20
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 7]
Clause 7 Insertion of new s 71AB 1
Part 5-- 2
insert-- 3
71AB Statutory insurance scheme not to affect 4
licensing decisions 5
In deciding the action to be taken in relation to a 6
licensee's licence, the commissioner must not 7
have regard to the implications for the statutory 8
insurance scheme. 9
Clause 8 Amendment of s 114 (Protection) 10
(1) Section 114(1), from `the general manager' to `incurs'-- 11
omit, insert-- 12
the commissioner nor a relevant officer of the 13
commission incurs 14
(2) Section 114(2), `authority'-- 15
omit, insert-- 16
commission 17
(3) Section 114(3), from `the authority' to `incurs'-- 18
omit, insert-- 19
the commission nor a relevant officer of the 20
commission incurs 21
(4) Section 114(4), `authority'-- 22
omit, insert-- 23
commission 24
(5) Section 114(5), definition publication act, `authority'-- 25
omit, insert-- 26
commission 27
Page 21
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 9]
Clause 9 Insertion of new s 115A 1
After section 115-- 2
insert-- 3
115A Delegations 4
(1) The board or commissioner may delegate their 5
functions or powers under an Act to an 6
appropriately qualified relevant officer of the 7
commission. 8
(2) In this section-- 9
appropriately qualified includes having the 10
qualifications, experience or standing appropriate 11
to perform the function or exercise the power. 12
Example of standing-- 13
a person's seniority level in an entity 14
Clause 10 Amendment of sch 1 (Transitional and validating 15
provisions) 16
Schedule 1-- 17
insert-- 18
Part 9 Transitional provisions 19
for Queensland 20
Building Services 21
Authority Amendment 22
Act 2013 23
Division 1 Preliminary 24
37 Definitions 25
In this part-- 26
amending Act means the Queensland Building 27
Services Authority Amendment Act 2013. 28
Page 22
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 10]
transfer day means the day the amending Act, 1
section 5 commences. 2
document includes a policy of the former board. 3
former authority means the former Queensland 4
Building Services Authority established under 5
the QBSA Act. 6
former board means the Queensland Building 7
Services Board established under the QBSA Act. 8
general manager means the person holding the 9
office under the QBSA Act immediately before 10
the transfer day. 11
QBSA Act means this Act as in force 12
immediately before its amendment under the 13
amending Act, section 5. 14
Division 2 Dissolutions 15
38 Dissolutions 16
On the transfer day the following end or cease to 17
exist-- 18
(a) the former authority; 19
(b) the former board; 20
(c) the appointment of the members of the 21
former board; 22
(d) office of the general manager; 23
(e) the general manager's employment. 24
39 No compensation because of dissolutions 25
(1) No amount, whether by way of compensation, 26
reimbursement or otherwise, is payable by the 27
State or the commission to any person for or in 28
connection with the enactment of section 38. 29
Page 23
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 10]
(2) However, to avoid any doubt, subsection (1) does 1
not limit or otherwise affect the general 2
manager's right to a benefit or entitlement that, 3
under the existing conditions of appointment, had 4
accrued or was accruing immediately before the 5
transfer day. 6
(3) On the transfer day, a benefit or entitlement 7
mentioned in subsection (2) ceases to accrue and 8
becomes payable as if-- 9
(a) the general manager's appointment had, 10
according to its conditions, been terminated 11
on the transfer day; and 12
(b) the termination is other than by the general 13
manager. 14
(4) In this section-- 15
existing conditions of appointment, for the 16
general manager, means the general manager's 17
conditions of appointment as determined by the 18
Minister under the QBSA Act, section 17. 19
Division 3 Migration of matters to the 20
commission 21
40 Agreements, assets, liabilities and rights 22
(1) On the transfer day-- 23
(a) the former authority's assets, liabilities and 24
rights vest in the commission; and 25
(b) the commission is substituted for the former 26
authority in all agreements to which the 27
former authority is a party. 28
(2) In this section-- 29
agreement includes leases, undertakings and 30
contractual arrangements. 31
Page 24
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 10]
41 Unresolved applications 1
(1) On the transfer day, the commission stands in 2
place of the former authority for any unresolved 3
application made-- 4
(a) under the QBSA Act to the former 5
authority; or 6
(b) by the former authority to the tribunal. 7
(2) For subsection (1)(a), the commission may be 8
satisfied about a matter merely because the 9
former authority was satisfied about the matter 10
under the relevant provision of the QBSA Act. 11
(3) In this section-- 12
unresolved application means an application 13
made, but not finally decided or withdrawn, 14
before the transfer day. 15
42 Pending legal proceedings 16
(1) If, immediately before the transfer day, the 17
former authority was a party to a legal 18
proceeding, the commission is substituted for the 19
former authority as the party. 20
(2) For section 111(1), the commission is taken to 21
have knowledge of the commission of a past 22
offence-- 23
(a) if the offence came to the former authority's 24
knowledge; and 25
(b) when the offence came to the former 26
authority's knowledge. 27
Note-- 28
See section 45(6) for the continued authorisation of 29
particular persons to bring prosecutions for offences 30
against this Act. 31
Page 25
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 10]
(3) In this section-- 1
legal proceeding means a proceeding before a 2
court or tribunal. 3
past offence means an offence against this Act 4
for which-- 5
(a) the alleged date of commission of the 6
offence was before the transfer day; and 7
(b) the prosecution for the offence had not yet 8
started on the transfer day. 9
43 Ministerial directions to former authority 10
(1) A pending Ministerial direction to the former 11
authority applies, if the context permits, to the 12
commission as it would have applied to the 13
former authority. 14
(2) In this section-- 15
pending Ministerial direction means a direction 16
by the Minister under section 7 of the QBSA Act 17
and in effect immediately before the transfer day. 18
44 Records of the former authority 19
(1) On the transfer day, a record of the former board 20
becomes a record of the commission. 21
(2) In this section-- 22
record includes a register kept by the former 23
authority under the QBSA Act. 24
45 Continuing appointments and authorisations 25
(1) The appointment of an individual as the 26
insurance manager under section 21 of the QBSA 27
Act continues and is taken to have been made by 28
the commission. 29
Page 26
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 10]
(2) The remuneration and conditions of appointment 1
of the insurance manager decided by the former 2
authority under the QBSA Act continue to apply 3
for the appointment. 4
(3) The appointment of a relevant officer of the 5
former authority as an inspector under section 6
104 of the QBSA Act continues and is taken to 7
have been made by the commission. 8
(4) Subsection (5) applies if, immediately before the 9
transfer day-- 10
(a) a relevant officer of the former authority had 11
been issued a card (however called) 12
identifying the officer as a person holding an 13
authorisation under section 104 of the 14
QBSA Act; and 15
(b) the card had not expired according to its 16
terms. 17
(5) The card is taken to be an identity card issued to 18
the officer as an inspector until the earlier of the 19
following-- 20
(a) the person is issued a new identity card by 21
the commission under this Act; 22
(b) the card expires according to its terms. 23
(6) A person authorised by the former authority to 24
bring a prosecution for an offence against this 25
Act under section 111(2) of the QBSA Act 26
continues to be authorised and the authorisation 27
is taken to have been given by the commission. 28
46 Annual report of former board 29
(1) This section applies unless the transfer day is 1 30
July in a year. 31
(2) The commission's annual report for the financial 32
year in which the commission is established must 33
Page 27
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 10]
include information about the former authority's 1
operations that would have been required to be 2
included in the commission's annual report if the 3
QBSA Act had not been amended by the 4
amending Act. 5
(3) In this section-- 6
annual report means annual report under the 7
Financial Accountability Act 2009. 8
47 Other administrative matters 9
(1) From the transfer day, each of the following 10
things in effect immediately before the transfer 11
day continue in effect as if the thing was 12
approved, given or made by the commission 13
when the thing first took effect-- 14
(a) a direction or notice given by the former 15
authority under the QBSA Act; 16
Example-- 17
a direction to a licensee to rectify or complete 18
tribunal work 19
(b) a demand, request or requirement made by 20
the former authority under the QBSA Act 21
that has not been fully complied with on the 22
transfer day; 23
Examples-- 24
1 a demand of a licensee to pay an amount owed 25
to the former authority 26
2 a request of an applicant to provide the former 27
authority with further information or evidence 28
to decide an application 29
(c) a certificate, licence or permit issued by the 30
former authority under the QBSA Act; 31
(d) a decision of the former authority made 32
under the QBSA Act. 33
Page 28
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 10]
(2) A policy of the former board, approved under 1
section 9A of the QBSA Act and still in effect 2
immediately before the transfer day, continues in 3
effect as if the policy was made by the board. 4
(3) For a provision of this Act enabling the taking of 5
action by an entity if the commission had 6
previously taken a particular action, a reference 7
to the commission having previously taken the 8
action is taken to include a reference to the 9
former authority having previously taken it. 10
Division 4 Other matters 11
48 References to former entities 12
In an Act or document-- 13
(a) a reference to the former authority may, if 14
the context permits, be taken to be a 15
reference to the commission; and 16
(b) a reference to the former board may, if the 17
context permits, be taken to be a reference to 18
the board; and 19
(c) a reference to the general manager under the 20
QBSA Act may, if the context permits, be 21
taken to be a reference to the commissioner. 22
49 References to QSBA Act 23
In an Act or document, a reference to the QBSA 24
Act may, if the context permits, be taken as a 25
reference to this Act as in force after the transfer 26
day. 27
Page 29
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 10]
50 Change to name of employing office 1
A change in the name of the employing office 2
under the amending Act does not affect the status 3
of that office. 4
51 Effect on legal relationships 5
(1) Nothing done under the amendments to the 6
QBSA Act under the amending Act (the Act 7
amendments)-- 8
(a) makes a relevant entity in breach of any 9
instrument, including an instrument 10
prohibiting, restricting or regulating the 11
assignment, novation or transfer of a right or 12
liability or the disclosure of information; or 13
(b) except as provided for under the Act 14
amendments, is taken to fulfil a condition 15
that-- 16
(i) terminates, or allows a person to 17
terminate, an instrument or obligation; 18
or 19
(ii) modifies, or allows a person to modify, 20
the operation or effect of an instrument 21
or obligation; or 22
(iii) allows a person to avoid or enforce an 23
obligation or liability contained in an 24
instrument or requires a person to 25
perform an obligation contained in an 26
instrument; or 27
(iv) requires any money to be paid before 28
its stated maturity; or 29
(c) releases a surety or other obligee, wholly or 30
partly, from an obligation. 31
(2) If, apart from this subsection, the advice, consent 32
or approval of a person would be necessary to do 33
Page 30
Queensland Building Services Authority Amendment Bill 2013
Part 2 Amendment of Queensland Building Services Authority Act 1991
[s 11]
something under the Act amendments, the advice 1
is taken to have been obtained or the consent or 2
approval is taken to have been given 3
unconditionally. 4
(3) If, apart from this Act, giving notice to a person 5
would be necessary to do something under the 6
Act amendments, the notice is taken to have been 7
given. 8
(4) In this section-- 9
relevant entity means-- 10
(a) the State or an employee or agent of the 11
State; or 12
(b) the commission, a member or a relevant 13
officer of the commission. 14
Clause 11 Amendment of sch 2 (Dictionary) 15
(1) Schedule 2, definitions authority and board-- 16
omit. 17
(2) Schedule 2-- 18
insert-- 19
board means the Queensland Building and 20
Construction Board established under section 10. 21
commission means the Queensland Building and 22
Construction Commission established under 23
section 5. 24
commissioner means the commissioner of the 25
commission. 26
insolvent under administration has the meaning 27
given by the Corporations Act, section 9. 28
member means member of the board. 29
recorded conviction, for an indictable offence, 30
does not include a finding of guilt, or the 31
Page 31
Queensland Building Services Authority Amendment Bill 2013
Part 3 Amendment of Building Act 1975
[s 12]
acceptance of a plea of guilty, by a court, in 1
relation to the offence, without recording a 2
conviction for the offence. 3
spent conviction means a conviction-- 4
(a) for which the rehabilitation period under the 5
Criminal Law (Rehabilitation of Offenders) 6
Act 1986 has expired under that Act; and 7
(b) that is not revived as prescribed by section 8
11 of that Act. 9
(3) Schedule 2, definition board's policies, `9A'-- 10
omit, insert-- 11
19 12
(4) Schedule 2, definition, employing office `Services'-- 13
omit, insert-- 14
and Construction 15
(5) Schedule 2, definitions insurance notification form, 16
occupational licence and relevant officer, `authority'-- 17
omit, insert-- 18
commission 19
Part 3 Amendment of Building Act 20
1975 21
Clause 12 Act amended 22
This part amends the Building Act 1975. 23
Note-- 24
See also the amendments in schedule 1. 25
Page 32
Queensland Building Services Authority Amendment Bill 2013
Part 3 Amendment of Building Act 1975
[s 13]
Clause 13 Insertion of new ch 11, pt 17 1
Chapter 11-- 2
insert-- 3
Part 17 Transitional provisions 4
for Queensland 5
Building Services 6
Authority Amendment 7
Act 2013 8
324 Definitions 9
In this part-- 10
amending Act means the Queensland Building 11
Services Authority Amendment Act 2013. 12
transfer day means the day the amending Act, 13
section 5 commences. 14
former BSA means the former Queensland 15
Building Services Authority under the QBSA 16
Act. 17
general manager means the general manager 18
under the QBSA Act. 19
QBSA Act means the Queensland Building and 20
Construction Commission Act 1991 as in force 21
immediately before its amendment under the 22
amending Act, section 5. 23
325 Unresolved applications to or by the former 24
BSA 25
(1) On the transfer day, the QBCC stands in place of 26
the former BSA for any unresolved application 27
made-- 28
(a) under this Act to the former BSA; or 29
Page 33
Queensland Building Services Authority Amendment Bill 2013
Part 3 Amendment of Building Act 1975
[s 13]
(b) by the former BSA to the tribunal. 1
(2) For subsection (1)(a), the QBCC may be satisfied 2
about a matter merely because the former BSA 3
was satisfied about the matter under the relevant 4
provision of this Act. 5
(3) In this section-- 6
unresolved application means an application 7
made, but not finally decided or withdrawn, 8
before the transfer day. 9
326 Prosecution of offences against chapter 6 or 10
section 246AP(2) 11
(1) For section 256(1), the commissioner for QBCC 12
is taken to have knowledge of the commission of 13
a relevant offence-- 14
(a) if the offence came to the general manager's 15
knowledge; and 16
(b) when the offence came to the general 17
manager's knowledge. 18
(2) For section 256(2), a complaint made by the 19
general manager is taken to be a complaint made 20
by the commissioner for QBCC when the 21
complaint was made. 22
(3) A prosecution for an offence against chapter 6 or 23
section 246AP(2) started by the general manager 24
but not concluded or dismissed before the 25
transfer day, may be continued by the 26
commissioner for QBCC. 27
(4) In this section-- 28
relevant offence means an offence against this 29
Act, chapter 6 or section 246AP(2) for which-- 30
(a) the alleged date of commission of the 31
offence was before the transfer day; and 32
Page 34
Queensland Building Services Authority Amendment Bill 2013
Part 3 Amendment of Building Act 1975
[s 13]
(b) the prosecution for the offence had not yet 1
started on the transfer day. 2
327 Other administrative matters relating to the 3
former BSA 4
(1) From the transfer day, each of the following 5
things in effect immediately before the transfer 6
day continue in effect as if the thing was 7
approved, given or made by the QBCC when the 8
thing first took effect-- 9
(a) a direction or notice given by the former 10
BSA under this Act; 11
(b) a requirement made by the former BSA 12
under this Act that has not been fully 13
complied with on the transfer day; 14
(c) a licence issued by the former BSA under 15
this Act; 16
(d) a decision or order of the former BSA made 17
under this Act. 18
(2) On the transfer day, the register kept by the 19
former BSA under section 179 before the transfer 20
day becomes part of the register kept by the 21
QBCC under section 179. 22
(3) For a provision of this Act enabling the taking of 23
action by an entity if the QBCC had previously 24
taken a particular action, a reference to the 25
QBCC having previously taken the action is 26
taken to include a reference to the former BSA 27
having previously taken it. 28
Page 35
Queensland Building Services Authority Amendment Bill 2013
Part 4 Minor and consequential amendments
[s 14]
Part 4 Minor and consequential 1
amendments 2
Clause 14 Acts amended 3
Schedule 1 amends the Acts it mentions. 4
Page 36
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 14 3
Body Corporate and Community Management Act 4
1997 5
1 Section 162, `Queensland Building Services Authority Act 6
1991'-- 7
omit, insert-- 8
Queensland Building and Construction Commission 9
Act 1991 10
Building Act 1975 11
1 Section 24(2), definition designated person, paragraph 12
(c), `Queensland Building Services Authority Act 1991'-- 13
omit, insert-- 14
Queensland Building and Construction Commission 15
Act 1991 16
2 Section 133, `BSA'-- 17
omit, insert-- 18
QBCC 19
Page 37
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
3 Section 133, `Queensland Building Services Authority Act 1
1991'-- 2
omit, insert-- 3
Queensland Building and Construction Commission 4
Act 1991 5
4 Sections 151, 155, 157, 158, 160, 164, 165(1), 166(2), 6
167(1), 169, 170, 171, 172, 173, 174, 175(1), 176, 177, 178, 7
179, 180, 181, 182, 183(2), 186, 187, 188, 189(1), 190, 191, 8
192, 193, 194, 195, 196(1), 198, 201, 202(1), 203, 204, 9
208(1), 210, 211(2)(g), 212(7), 246BW(3)(b), and 256(5), 10
`BSA'-- 11
omit, insert-- 12
QBCC 13
5 Chapter 6, part 3, division 5, subdivision 1, heading, 14
`BSA's'-- 15
omit, insert-- 16
QBCC's 17
6 Section 205, `BSA's'-- 18
omit, insert-- 19
QBCC's 20
7 Sections 256(2)(b) and (g) and 260(2), `general manager 21
of BSA'-- 22
omit, insert-- 23
commissioner for QBCC 24
8 Section 256(4), `BSA'-- 25
omit, insert-- 26
the commissioner for QBCC 27
Page 38
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
9 Section 260(1), `Queensland Building Services Authority 1
Act 1991'-- 2
omit, insert-- 3
Queensland Building and Construction Commission 4
Act 1991 5
10 Schedule 2, definition BSA-- 6
omit. 7
11 Schedule 2-- 8
insert-- 9
QBCC means the Queensland Building and 10
Construction Commission established under the 11
Queensland Building and Construction Commission 12
Act 1991, section 5. 13
12 Schedule 2, definition another relevant Act, paragraph 14
(b), `Queensland Building Services Authority Act 1991'-- 15
omit, insert-- 16
Queensland Building and Construction Commission 17
Act 1991 18
13 Schedule 2, definition licensed builder, `Queensland 19
Building Services Authority Act 1991'-- 20
omit, insert-- 21
Queensland Building and Construction Commission 22
Act 1991 23
14 Schedule 2, definition professional misconduct, 24
paragraph (c), `BSA'-- 25
omit, insert-- 26
QBCC 27
Page 39
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
15 Schedule 2, definition register, `BSA'-- 1
omit, insert-- 2
QBCC 3
Building and Construction Industry Payments Act 4
2004 5
1 Section 3(5), `Queensland Building Services Authority 6
Act 1991'-- 7
omit, insert-- 8
Queensland Building and Construction Commission 9
Act 1991 10
2 Section 10(2), `Queensland Building Services Authority 11
Act 1991'-- 12
omit, insert-- 13
Queensland Building and Construction Commission 14
Act 1991 15
3 Section 15, `Queensland Building Services Authority Act 16
1991'-- 17
omit, insert-- 18
Queensland Building and Construction Commission 19
Act 1991 20
4 Section 26(2)(a), `Queensland Building Services 21
Authority Act 1991'-- 22
omit, insert-- 23
Queensland Building and Construction Commission 24
Act 1991 25
Page 40
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
5 Section 37(2), `authority'-- 1
omit, insert-- 2
commission 3
6 Section 38, `general manager'-- 4
omit, insert-- 5
commissioner 6
7 Section 38(2)(f), `general manager's'-- 7
omit, insert-- 8
commissioner's 9
8 Section 40(1), `authority'-- 10
omit, insert-- 11
commission 12
9 Section 41(1), `general manager'-- 13
omit, insert-- 14
commissioner 15
10 Section 106(3), definition official, paragraph (a), `general 16
manager'-- 17
omit, insert-- 18
commissioner 19
11 Section 110, `general manager'-- 20
omit, insert-- 21
commissioner 22
Page 41
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
12 Schedule 2, definitions authority and general manager-- 1
omit. 2
13 Schedule 2-- 3
insert-- 4
commission means the Queensland Building and 5
Construction Commission established under the 6
Queensland Building and Construction Commission 7
Act 1991, section 5. 8
commissioner means the commissioner appointed 9
under the Queensland Building and Construction 10
Commission Act 1991, section 20D. 11
14 Schedule 2, definition approved form, `general 12
manager'-- 13
omit, insert-- 14
commissioner 15
15 Schedule 2, definition relevant offence, paragraph (d), 16
`Queensland Building Services Authority Act 1991'-- 17
omit, insert-- 18
Queensland Building and Construction Commission 19
Act 1991 20
Building and Construction Industry (Portable Long 21
Service Leave) Act 1991 22
1 Schedule, definition owner-builder permit, `Queensland 23
Building Services Authority Act 1991'-- 24
omit, insert-- 25
Page 42
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
Queensland Building and Construction Commission 1
Act 1991 2
Building Units and Group Titles Act 1980 3
1 Section 122(b), `Queensland Building Services Authority 4
Act 1991'-- 5
omit, insert-- 6
Queensland Building and Construction Commission 7
Act 1991 8
Domestic Building Contracts Act 2000 9
1 Section 7(1)(b), `Queensland Building Services Authority 10
Act 1991'-- 11
omit, insert-- 12
Queensland Building and Construction Commission 13
Act 1991 14
2 Sections 32, 97, 99 and 100(2)(a)(ii), `authority'-- 15
omit, insert-- 16
commission 17
3 Sections 52 and 103, `QBSA Act'-- 18
omit, insert-- 19
QBCC Act 20
Page 43
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
4 Schedule 2, definitions authority, board's policies and 1
QBSA Act-- 2
omit. 3
5 Schedule 2-- 4
insert-- 5
commission means the Queensland Building and 6
Construction Commission established under the 7
QBCC Act, section 5. 8
QBCC Act means the Queensland Building and 9
Construction Commission Act 1991. 10
6 Schedule 2, definitions contract information statement, 11
`authority'-- 12
omit, insert-- 13
commission 14
7 Schedule 2, definitions contractor's licence and 15
residential construction work, `QBSA Act'-- 16
omit, insert-- 17
QBCC Act 18
Environmental Protection Act 1994 19
1 Schedule 4, definition owner-builder permit, `Queensland 20
Building Services Authority Act 1991'-- 21
omit, insert-- 22
Queensland Building and Construction Commission 23
Act 1991 24
Page 44
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
Judicial Review Act 1991 1
1 Schedule 1, part 1, entry for Queensland Building 2
Services Authority Act 1991, section 97-- 3
omit. 4
Pest Management Act 2001 5
1 Sections 14(1)(d)(iv) and 62(5), definition building site, 6
`Queensland Building Services Authority Act 1991'-- 7
omit, insert-- 8
Queensland Building and Construction Commission 9
Act 1991 10
Queensland Building Services Authority Act 1991 11
1 Part 2, heading-- 12
omit, insert-- 13
Part 2 Queensland Building 14
and Construction 15
Commission 16
2 Sections 21, 25, 26(2)(b) and 26A, `authority'-- 17
omit, insert-- 18
commission 19
Page 45
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
3 Section 25(5), `authority's'-- 1
omit, insert-- 2
commission's 3
4 Section 28, heading `Authority's'-- 4
omit, insert-- 5
Commission's 6
5 Section 28, `authority'-- 7
omit, insert-- 8
commission 9
6 Section 29, heading `Authority'-- 10
omit, insert-- 11
Commission 12
7 Section 29(1), `The authority'-- 13
omit, insert-- 14
The commission 15
8 Section 29(4) and (5), `the authority'-- 16
omit, insert-- 17
the commission 18
9 Part 2A, heading, `Services'-- 19
omit, insert-- 20
and Construction 21
Page 46
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
10 Section 29A(1), `Services'-- 1
omit, insert-- 2
and Construction 3
11 Sections 29A(3) and 29C, `authority'-- 4
omit, insert-- 5
commission 6
12 Section 29G, `the authority'-- 7
omit, insert-- 8
the commission 9
13 Sections 31, 32, 32AA, 32AB, 33, 34, 34A, 35(1) and 36, 10
`authority'-- 11
omit, insert-- 12
commission 13
14 Sections 34A(2) and 36(5), `authority's'-- 14
omit, insert-- 15
commission's 16
15 Section 37A, heading `Authority'-- 17
omit, insert-- 18
Commission 19
16 Sections 37A, 37B, 38, 38A(1) and (3), `authority'-- 20
omit, insert-- 21
commission 22
Page 47
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
17 Sections 37C and 38A(2), `authority's'-- 1
omit, insert-- 2
commission's 3
18 Sections 44, 44A, 44B, 44E(f)(i), 44F, 44G, 44H, 44J(1), 45, 4
46, 48, 49, 49A, 50, 50A(1), 50B, 50C, 53, 53A, 53B and 55, 5
`authority'-- 6
omit, insert-- 7
commission 8
19 Section 49A(3)(a), `authority's'-- 9
omit, insert-- 10
commission's 11
20 Section 56A, heading `Authority'-- 12
omit, insert-- 13
Commission 14
21 Sections 56A(2), 56AD, 56AE, 56AF, 56AG, and 56AH(1), 15
`authority'-- 16
omit, insert-- 17
commission 18
22 Sections 56AD(7), 56AF(3)(b)(ii)(B), 56AG(4)(c)(ii) and 19
56AH, `authority's'-- 20
omit, insert-- 21
commission's 22
Page 48
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
23 Sections 58, 59, 63, 64, 65, 66, 67, 67AA, 67AE, 67AF, 1
67AG, 67AH, 67AI, 67AJ, 67AK, 67AL, 67AM, 67AN, 67AO 2
and 67AP, `authority'-- 3
omit, insert-- 4
commission 5
24 Sections 61, 66(3)(c)(ii), 67(3), 67AH(3)(c), 67AI(3), 6
67AL(3)(c), 67AM(3), 67AO(7)(b) and 67AP(6), 7
`authority's'-- 8
omit, insert-- 9
commission's 10
25 Section 67AQ, definition demerit points, `authority'-- 11
omit, insert-- 12
commission 13
26 Sections 67AS, 67AW, 67AX(1), 67AY(1) and 67AZ(1), 14
`authority'-- 15
omit, insert-- 16
commission 17
27 Section 67AZA, heading, `Authority'-- 18
omit, insert-- 19
Commission 20
28 Sections 67AZA, 67AZB and 67AZC, `authority'-- 21
omit, insert-- 22
commission 23
29 Sections 67AZD, 67AZE, 67AZF and 67AZG, `authority'-- 24
omit, insert-- 25
Page 49
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
commission 1
30 Sections 67AZF(3), 67AZG(3), 67AZJ(3), 67AZK(3) and 2
67AZM(7)(b), `authority's'-- 3
omit, insert-- 4
commission's 5
31 Sections 67AZH, 67AZI, 67AZJ and 67AZK, `authority'-- 6
omit, insert-- 7
commission 8
32 Sections 67AZL, 67AZM, 67F, 67Y, 68, 68D, 69(1), 70 and 9
71(1) and (3), `authority'-- 10
omit, insert-- 11
commission 12
33 Section 68D(2)(a), `authority's'-- 13
omit, insert-- 14
commission's 15
34 Section 71(4), (5) and (6), `the authority'-- 16
omit, insert-- 17
the commission 18
35 Section 71(6)(e)(ii), `authority's'-- 19
omit, insert-- 20
commission's 21
Page 50
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
36 Sections 71AA, 71A, 72(1), (2), (3), (4), (8) and (14), 73 and 1
74, `authority'-- 2
omit, insert-- 3
commission 4
37 Section 72(13A)(e)(ii) and (15)(a), `authority's'-- 5
omit, insert-- 6
commission's 7
38 Sections 83, 84, 86, 87, 88, 89, 90, 91, 92, 92A, 93, 95, 97B, 8
97C, 99, 101, 102, 103, 103B, 103E, 103F, 104, 108, 108B, 9
108C, 109A, 111, 111C and 112, `authority'-- 10
omit, insert-- 11
commission 12
39 Sections 103D and 103E, `authority's'-- 13
omit, insert-- 14
commission's 15
40 Section 115, heading, `Authority'-- 16
omit, insert-- 17
Commission 18
41 Section 115, `authority'-- 19
omit, insert-- 20
commission 21
42 Schedule 1, section 1A-- 22
insert-- 23
Page 51
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
authority means the former Queensland Building 1
Services Authority established under the Queensland 2
Building Services Authority Act 1991, section 5. 3
43 Schedule 1, section 8-- 4
insert-- 5
authority means the former Queensland Building 6
Services Authority established under the Queensland 7
Building Services Authority Act 1991, section 5. 8
44 Schedule 1, section 17-- 9
insert-- 10
authority means the former Queensland Building 11
Services Authority established under the Queensland 12
Building Services Authority Act 1991, section 5. 13
board means the former Queensland Building 14
Services Board established under the Queensland 15
Building Services Authority Act 1991, section 8. 16
45 Schedule 1, section 29(7)-- 17
insert-- 18
authority means the former Queensland Building 19
Services Authority established under the Queensland 20
Building Services Authority Act 1991, section 5. 21
South Bank Corporation Act 1989 22
1 Schedule 4, section 122(1)(b), `Queensland Building 23
Services Authority Act 1991'-- 24
omit, insert-- 25
Page 52
Queensland Building Services Authority Amendment Bill 2013
Schedule 1
Queensland Building and Construction Commission 1
Act 1991 2
Subcontractors' Charges Act 1974 3
1 Section 10A(1)(c), `Queensland Building Services 4
Authority Act 1991'-- 5
omit, insert-- 6
Queensland Building and Construction Commission 7
Act 1991 8
Sustainable Planning Act 2009 9
1 Sections 526(a) and 532(1)(a)(i), `Queensland Building 10
Services Authority'-- 11
omit, insert-- 12
Queensland Building and Construction Commission 13
2 Section 526, note-- 14
omit. 15
3 Schedule 3-- 16
insert-- 17
Queensland Building and Construction Commission 18
means the Queensland Building and Construction 19
Commission established under the Queensland 20
Building and Construction Commission Act 1991, 21
section 5. 22
Page 53
Queensland Building Services Authority Amendment Bill 2013
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 54
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