Queensland Consolidated Acts Queensland Consolidated Actsaccumulate, for part 3E, see section 67AQ.
administering authority, for part 3E, see section 67AQ.
administration services, for building work or tribunal work, includes the following--
(a) preparing tender documentation and calling and selecting tenders;
(b) arranging and conducting on-site meetings and inspections;
(c) arranging payment of subcontractors;
(d) arranging for certificates, including certificates from a local government, to be issued;
(e) administration for the work usually carried out by--
(i) a construction manager; or
(ii) a project manager under a project management agreement;
(f) other administration for the work usually carried out by a licensed contractor in the course of the contractor's business.
advisory services, for building work or tribunal work, includes the provision of advice or a report about building work other than--
(a) the carrying out of a completed building inspection; or
(b) the inspection or investigation of a building, and the provision of advice or a report, for the following--
(i) termite management systems for the building;
(ii) termite infestation in the building.
alternative solution see Building Act 1975, schedule 2.
apprentice means an apprentice under the Vocational Education, Training and Employment Act 2000.
approved security provider, for part 4A, see section 67A.
architect means a person registered as an architect under the Architects Act 2002.
assessment manager see the Sustainable Planning Act 2009, section 246(1).
authority means the Queensland Building Services Authority.
banned individual see section 67AC.
board means the Queensland Building Services Board.
board's policies means the policies of the board made for the purposes of section 9A.
building includes any fixed structure.
Examples of a fixed structure--
a fence other than a temporary fence
a water tank connected to the stormwater system for a building
an inground swimming pool or an aboveground pool fixed to the ground
Building Code of Australia see the Building Act 1975, section 12.
building contract means a contract or other arrangement for carrying out building work in Queensland, for the following--
(a) this Act, other than part 4A;
(b) the definition construction management trade contract where it is used, other than in part 4A.
building contract, for part 4A, see section 67A.
building contractor means a person who carries on a business that consists of or includes carrying out building work, and includes a subcontractor who carries out building work for a building contractor.
building dispute means--
(a) a domestic building dispute; or
(b) a minor commercial building dispute; or
(c) a major commercial building dispute if the parties to the dispute consent to the dispute being heard by the tribunal under section 79.
building owner means a person for whom tribunal work is to be, is being or has been carried out, but does not include a building contractor for whom tribunal work is carried out by a subcontractor.
building site means a place where building work has been, is being, or is about to be, carried out.
building work means--
(a) the erection or construction of a building; or
(b) the renovation, alteration, extension, improvement or repair of a building; or
(c) the provision of lighting, heating, ventilation, airconditioning, water supply, sewerage or drainage in connection with a building; or
(e) any site work (including the construction of retaining structures) related to work of a kind referred to above; or
(f) the preparation of plans or specifications for the performance of building work; or
(fa) contract administration carried out by a person in relation to the construction of a building designed by the person; or
(g) fire protection work; or
(h) carrying out site testing and classification in preparation for the erection or construction of a building on the site; or
(i) carrying out a completed building inspection; or
(j) the inspection or investigation of a building, and the provision of advice or a report, for the following--
(i) termite management systems for the building;
(ii) termite infestation in the building;
but does not include work of a kind excluded by regulation from the ambit of this definition.
building work services means 1 or more of the following for building work--
(a) administration services;
(b) advisory services;
(c) management services;
(d) supervisory services.
calling includes a craft, manufacture, occupation, trade, undertaking or vocation.
carry out, for building work (other than for part 4A) means any of the following--
(a) carry out the work personally;
(b) directly or indirectly cause the work to be carried out;
(c) provide building work services for the work.
carry out building work, for part 4A, see section 67A.
carry out tier 1 defective work see section 67AB(2).
commercial building contract, for part 4A, see section 67A.
commercial building dispute means--
(a) a claim or dispute arising between a building owner and a building contractor relating to the performance of reviewable commercial work or a contract for the performance of reviewable commercial work; or
(b) a claim or dispute arising between 2 or more building contractors relating to the performance of reviewable commercial work or a contract for the performance of reviewable commercial work; or
(c) a claim or dispute in negligence, nuisance or trespass related to the performance of reviewable commercial work other than a claim for personal injuries; or
(d) a claim or dispute arising between a building owner or a building contractor and any 1 or more of the following relating to the performance of reviewable commercial work or a contract for the performance of reviewable commercial work--
(i) an architect;
(ii) an engineer;
(iii) a surveyor;
(iv) a quantity surveyor;
(v) an electrician or an electrical contractor;
(vi) a supplier or manufacturer of materials used in the tribunal work.
company means any body corporate.
completed building inspection means the inspection or investigation of, and the provision of advice or a report about, the following class 1a or 10 buildings under the Building Code of Australia--
(a) a building for which there is no current contract between a building contractor and a consumer because the contract has been completed;
Example--
an existing detached house that has previously been occupied or that has recently been built
(b) a building on which work is not being carried out because the contract under which it was being carried out has been terminated;
Example--
a detached house on which a building contractor has stopped building work in breach of the terms of a contract with a consumer and the consumer has terminated the contract
(c) a building on which work is being, or was, carried out but not under a contract between a building contractor and a consumer.
Example--
a detached house being built by, or that was built by, a building contractor but not under a contract with a particular consumer This is known in the building industry as "a speccy".
Editor's note--
Class 1a includes a detached house, a row house, a terrace house, a town house and a villa unit.
Class 10 includes non-habitable buildings such as private garages, carports and sheds.
condition includes a limitation or restriction.
construction management contract means a contract under which a principal engages a construction manager to provide building work services for building work carried out for the principal under construction management trade contracts.
construction management trade contract see section 67A.
construction manager means a person who provides building work services for the carrying out of building work for a principal under a construction management contract.
consumer means a person for whom building work is carried out, but does not include a building contractor for whom building work is carried out by a subcontractor.
contract, for part 7, means a contract for carrying out tribunal work.
contract administration, in relation to building work designed by a person, includes the following--
(a) preparing tender documentation and calling and selecting tenders;
(b) preparing, or helping the person's clients with the preparation of, contracts;
(c) preparing additional documentation for the person's clients or building contractors;
(d) arranging and conducting on-site meetings and inspections;
(e) arranging progress payments;
(f) arranging for certificates, including certificates from a local government, to be issued;
(g) providing advice and help to the person's clients including during the maintenance period allowed under a contract.
contracted party, for part 4A, see section 67A.
contracting party see section 67A.
contractor's licence see section 30(1).
contract price, for part 4A, see section 67A.
convicted company officer means a person who has been convicted of an offence under the Corporations Act 2001 (Cwlth), section 596(1)(b) or (c).
conviction, for part 3E, see section 67AQ.
decision includes an order or direction.
default certificate see section 67AQ.
defective, in relation to building work, includes faulty or unsatisfactory.
demerit matter see section 67AQ.
demerit offence, for part 3E, see section 67AR.
demerit points see section 67AQ.
design work means--
(a) the preparation of plans or specifications for building work; or
(b) professional advice in relation to building work.
developer register, for part 8, see section 98.
disciplinary proceeding means a proceeding under section 88.
disqualified individual see section 67AU.
document certification requirement see section 106A(5).
document production requirement see section 106A(6).
domestic building contract means a domestic building contract under the Domestic Building Contracts Act 2000.
domestic building dispute means--
(a) a claim or dispute arising between a building owner and a building contractor relating to the performance of reviewable domestic work or a contract for the performance of reviewable domestic work; or
(b) a claim or dispute arising between 2 or more building contractors relating to the performance of reviewable domestic work or a contract for the performance of reviewable domestic work; or
(c) a claim or dispute in negligence, nuisance or trespass related to the performance of reviewable domestic work other than a claim for personal injuries; or
(d) a claim or dispute arising between a building owner or a building contractor and any 1 or more of the following relating to the performance of reviewable domestic work or a contract for the performance of reviewable domestic work--
(i) an architect;
(ii) an engineer;
(iii) a surveyor;
(iv) a quantity surveyor;
(v) an electrician or an electrical contractor;
(vi) a supplier or manufacturer of materials used in the tribunal work.
domestic building work see the Domestic Building Contracts Act 2000, schedule 2.
employee of the employing office see section 29F(2).
employing office means the Queensland Building Services Employing Office established under section 29A.
enforcement debtor see the State Penalties Enforcement Act 1999, schedule 2.
enforcement order see the State Penalties Enforcement Act 1999, schedule 2.
engineer means a person who is a registered professional engineer under the Professional Engineers Act 2002.
excluded company see section 56AC(7).
excluded individual, for a relevant event, see section 56AC(3) and (4).
executive officer, for part 2A, means the executive officer of the employing office appointed under section 29D.
executive officer, of a company, means a person who is--
(a) a director or secretary of the company; or
(b) a person who is concerned with, or takes part in, the company's management, whether or not the person is a director or secretary of the company or the person's position is given the name of executive officer.
field work means--
(a) a site investigation; or
(b) a site assessment; or
(c) soil sampling; or
(d) soil collection.
fire protection occupational licence see section 30C(1) and (2).
fire protection system, for a building, means a system of fire protection for all or part of the building comprising some or all of the following--
(a) portable firefighting appliances, including, for example, wheeled fire extinguishers, fire hoses, fire blankets and portable fire extinguishers;
(b) fire hydrants, with or without pumps;
(c) fire hose reels, with or without pumps;
(d) a fire or smoke detection system, a heat or smoke alarm or another alarm system or emergency warning and communication system;
(e) a fire suppression system or fire sprinkler system, whether solid based, liquid based or gas based;
(f) fire doors, fire shutters and fire damper assemblies;
(g) emergency lighting.
fire protection work means any of the following for a building or part of a building--
(a) the installation, restoration, repair or maintenance of a fire protection system;
(b) the preparation of any certificate, statement or record--
(i) relating to the installation, restoration, repair or maintenance of a fire protection system; or
(ii) stating whether a fire protection system meets a standard, requirement or specification;
(c) the design of a fire protection system;
(d) the development, approval or certification of emergency evacuation procedures for a controlled evacuation during a fire emergency;
(e) the formulation or provision of alternative solutions relating to fire safety;
(f) the inspection or investigation of, and the provision of advice or a report about, compliance with the Building Act 1975 or the Building Code of Australia relating to fire safety.
government entity see the Public Service Act 2008, section 24.
industrial instrument see the Industrial Relations Act 1999, schedule 5.
influential person, for a company, means an individual, other than a director or secretary of the company, who is in a position to control or substantially influence the conduct of the company's affairs, including, for example, a shareholder with a significant shareholding, a financier or a senior employee.
infringement notice see section 67AQ.
infringement notice offence see the State Penalties Enforcement Act 1999, schedule 2.
insurance notification form means a form approved by the authority on which information about building work is submitted to the authority for insuring the work under the statutory insurance scheme.
judgment debt see section 67AS.
licence means a licence under this Act.
licence card means a licence card issued under section 34.
licence certificate means a licence certificate issued under section 34.
licensed builder means a person who is a licensed builder under the regulations.
licensed contractor means a person who holds a contractor's licence.
licensed supervisor, for building work, means a person who holds a licence under this Act authorising supervision of building work of the relevant class.
licensee means a person who holds a licence.
licensee register, for part 8, see section 98.
major commercial building dispute means a commercial building dispute where either the claim or the counterclaim exceeds $50000.
management services, for building work or tribunal work, includes--
(a) coordinating the scheduling of the work by building contractors including as agent for another person; and
(b) management for the work usually carried out by--
(i) a construction manager; or
(ii) a project manager under a project management agreement; and
(c) other management for the work usually carried out by a licensed contractor in the course of the contractor's business.
minor commercial building dispute means a commercial building dispute where neither the claim nor the counterclaim exceeds $50000.
minor domestic building dispute means a domestic building dispute where neither the claim nor the counterclaim exceeds $10000.
nominee, in relation to a company, means an officer or employee of the company nominated by the company to have the general supervision of building work to be carried out under a licence.
nominee supervisor means a person who holds a nominee supervisor's licence.
nominee supervisor's licence see section 30A(1).
occupational licence means a licence or registration for an occupation that is--
(a) issued to a person by an entity other than the authority; and
(b) required by the person to carry out the occupation.
owner of land means--
(a) for freehold land--the registered owner of the land under the Land Title Act 1994; or
(b) for land held under a statutory lease or licence giving a right to possession of the land--the lessee or licensee.
Note--
Owner has a different meaning for part 3, division 8.
owner-builder course, for part 3, division 8, see section 43D.
owner-builder permit see section 43E.
owner-builder register, for part 8, see section 98.
owner-builder work see section 43D.
payment claim, for part 4A, see section 67A.
period of 3 years, for part 3E, see section 67AQ.
permanently excluded individual see section 58.
permitted individual, for a relevant event, means an individual who, under part 3A, is categorised as a permitted individual for the relevant event.
permittee means the holder of an owner-builder permit under this Act.
personally supervise, in relation to building work, means personally exercise control over the work by overseeing and directing the work to ensure it is--
(a) in accordance with the plans and specifications set out in the contract for the work; and
(b) of a standard expected of a competent holder of a contractor's licence of the relevant class.
PIN see section 34A.
principal see section 67A.
progress payment, for part 4A, see section 67A.
project management agreement means a contract under which a principal engages a project manager to provide building work services for building work carried out for the principal other than under construction management trade contracts.
project manager means a person who provides building work services for the carrying out of building work for a principal under a project management agreement.
rectify building work means to remedy defective building work or to complete incomplete building work.
registrar--
(a) for part 3E--see section 67AQ; or
(b) otherwise--means the principal registrar under the Tribunal Act.
registrar of titles, for land that is not under the Land Title Act 1994, means the officer responsible for keeping a register for the land.
relevant bankruptcy event see section 56AC(1)(a).
relevant company event see section 56AC(2)(b).
relevant event means a relevant bankruptcy event or a relevant company event.
relevant officer, of the authority, means--
(a) an employee of the employing office or of another government entity performing work for the authority under a work performance arrangement; or
(b) an officer or employee of the authority.
renewal day, for a licence, means the day the licence is due to be renewed.
residential construction work means building work classified by regulation as residential construction work.
residential unit means a part of a building designed for separate occupation as a residence.
retention amount, for part 4A, see section 67A.
review means review by the tribunal.
reviewable commercial work means tribunal work other than reviewable domestic work.
reviewable domestic work means domestic building work under the Domestic Building Contracts Act 2000, except that for applying section 8(8) of that Act, the definition excluded building work in that Act is taken not to mean anything mentioned in paragraph (b), (c) or (d) of the definition.
security, for part 4A, see section 67A.
site classification means the classification of a site, or the reclassification of a site, under a standard directed to ensuring the appropriate selection or design of footings.
site supervisor means a person who holds a site supervisor's licence.
site supervisor's licence see section 30B(1) and (2).
site testing means--
(a) field work for soil testing or site classification; or
(b) laboratory testing of soil.
speculative residential construction work means residential construction work carried out by a building contractor if--
(a) the work is not carried out under a contract with a consumer; and
(b) the work is carried out on land owned by the building contractor; and
(c) the work is a single detached dwelling or a multiple dwelling of not more than 3 storeys; and
(d) the dwelling has been sold, or is intended for sale, to another person.
SPER, for part 3E, see section 67AQ.
statutory insurance scheme means the insurance scheme established under part 5.
subcontract, for part 4A, see section 67A.
subcontractor, for part 7, means--
(a) a building contractor that carries out tribunal work for another building contractor; or
(b) a building contractor that carries out tribunal work for another person under a construction management trade contract under section 67B.
supervisory services, for building work or tribunal work, includes--
(a) the development, implementation and management of a system for the supervision of the work; and
(b) the coordination or management of persons undertaking the supervision of the work; and
(c) the personal supervision of the work; and
(d) any other supervision of building work under this Act.
term of ban see section 67AO.
term of disqualification, for part 3E, see section 67AZM.
tier 1 defective work see section 67AB(1).
trainee means a trainee under the Vocational Education, Training and Employment Act 2000.
tribunal means QCAT.
tribunal work see sections 75 and 76.
undertake to carry out, for building work, means any of the following--
(a) enter into a contract to carry out the work;
(b) submit a tender to carry out the work;
(c) make an offer to carry out the building work.
unsatisfied, in relation to a judgment debt, see section 67AT.
valuable instrument, for part 4A, see section 67A.
value of building work means an amount representing the reasonable cost to a consumer of having the work carried out by a licensed contractor on the basis that all building materials are to be supplied by the contractor (whether or not the work is in fact carried out by a licensed contractor on that basis).
variation, for part 4A, see section 67A.
work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.