This regulation may be cited as the Queensland Building and Construction Commission (Mechanical Services Licences) and Other Legislation Amendment Regulation 2019.
This regulation commences on 1 January 2020.
This part amends the Plumbing and Drainage Regulation 2019.
4Amendment of s 119 (Fee not payable for application for occupational licence for which there is an associated QBCCA licence)
Section 119(6), definition QBCCA licence, ‘or site supervisor’s licence’—
omit, insert—, site supervisor’s licence or mechanical services occupational licence
5Amendment of sch 9 (Associated QBCCA licences for occupational licences)
(1)Schedule 9—
insert—
7A water plumber—water and sanitary licence mentioned in schedule 4, part 3, item 7 for the scope of work stated in part 3, item 7, column 2 of that schedule
mechanical services—plumbing licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 48
mechanical services—plumbing occupational licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 3A, part 2(2)Schedule 9, items 7A to 9—
renumber as schedule 9, items 8 to 10.
This part amends the Queensland Building and Construction Commission Regulation 2018.
After section 6—
insert—6AWork that is not mechanical services work—Act, sch 2, definition mechanical services work
For schedule 2 of the Act, definition mechanical services work, paragraph (k), the work mentioned in schedule 1A is prescribed.
8Amendment of s 7 (Scope of work for a licence—incidental work of another class)
Section 7(2)(c)(i), ‘or a fire protection licence’—
omit, insert—, fire protection licence or mechanical services licence
After section 11—
insert—11AClasses of mechanical services occupational licence—Act, s 30D
Mechanical services occupational licences are divided into the classes stated in schedule 3A.
After section 15—
insert—15AQualifications for mechanical services occupational licence—Act, s 32AB
For section 32AB(1)(a) of the Act, the qualifications for a mechanical services occupational licence are the technical qualifications stated in schedule 3A for the relevant class of licence.
11Insertion of new pt 9, div 1 hdg
Before section 59—
insert—
12Amendment of s 59 (Definition for part)
Section 59, ‘part’—
omit, insert—division
13Insertion of new pt 9, div 2
Part 9—
insert—Division 2 Transitional provisions for Queensland Building and Construction Commission (Mechanical Services Licences) and Other Legislation Amendment Regulation 2019
66Replacement of particular licence classes
(1)This section applies if, immediately before the commencement, a person held a licence of a class mentioned in column 1 of the table below (a previous class).(2)The licence of the previous class is taken to be a licence of the class mentioned opposite the previous class in column 2 of the table (the new class).(3)If, immediately before the commencement, the licence of the previous class was subject to any conditions, the licence of the new class is subject to the conditions.(4)Unless the licence of the new class is sooner suspended or cancelled, the renewal day for the licence is the day that would have been the renewal day for the licence of the previous class if it had continued as a licence of the previous class.
Column 1
Column 2
Previous class of licence
New class of licence
refrigeration, air conditioning and mechanical services including unlimited design licence mentioned in schedule 2, part 47 as in force immediately before the commencement
mechanical services—air-conditioning and refrigeration (unlimited design) licence mentioned in schedule 2, part 48A
refrigeration, air conditioning and mechanical services including limited design licence mentioned in schedule 2, part 48 as in force immediately before the commencement
mechanical services—air-conditioning and refrigeration (limited design) licence mentioned in schedule 2, part 48B
67Pending application for, or renewal or restoration of, previous licence classes
(1)This section applies if—(a)before the commencement, a person applied for, or for the renewal of, or requested the restoration of, a licence of a class mentioned in column 1 of the table below (a previous class); and(b)immediately before the commencement, the application or request had not been decided or otherwise finally dealt with.(2)An application for a licence of the previous class is taken to be an application for a licence of the class mentioned opposite the previous class in column 2 of the table (the new class).(3)An application for the renewal of a licence of the previous class is taken to be an application for the renewal of a licence of the new class.(4)A request for the restoration of a licence of the previous class is taken to be a request for the restoration of a licence of the new class.(5)Subsection (6) applies in relation to an application for a licence of the previous class if, immediately before the commencement, the applicant had the qualifications for the licence mentioned opposite the previous class in column 3 of the table.(6)For deciding the application, the applicant is taken to have the qualifications required for a licence of the new class.(7)Subsection (8) applies in relation to an application for the renewal of a licence of the previous class, if the applicant held the licence immediately before the commencement.(8)For deciding the application, the applicant is taken to have the qualifications required for a licence of the new class.(9)For dealing with a request for the restoration of a licence of the previous class, the licence of the previous class is taken to have been a licence of the new class immediately before it was cancelled.
Column 1
Column 2
Column 3
Previous class of licence
New class of licence
Accepted qualifications for new class of licence
refrigeration, air conditioning and mechanical services including unlimited design licence mentioned in previous schedule 2, part 47
mechanical services—air-conditioning and refrigeration (unlimited design) licence mentioned in schedule 2, part 48A
for any licence of the new class—the technical qualifications stated in previous schedule 2, part 47, section 3; or
for a contractor’s licence of the new class—a qualification for a licence of the previous class, to which section 12(2) applied immediately before the commencementrefrigeration, air conditioning and mechanical services including limited design licence mentioned in previous schedule 2, part 48
mechanical services—air-conditioning and refrigeration (limited design) licence mentioned in schedule 2, part 48B
for any licence of the new class—the technical qualifications stated in previous schedule 2, part 48, section 3; or
for a contractor’s licence of the new class—a qualification for a licence of the previous class, to which section 12(2) applied immediately before the commencement(10)In this section—previous, in relation to a provision, means the provision as in force immediately before the commencement.68Pending application for, or renewal of, particular licences
(1)This section applies if—(a)before the commencement, a person applied for, or for the renewal of, a licence of a class mentioned in column 1 of the table below (the licence applied for); and(b)immediately before the commencement, the application had not been decided; and(c)before the application is decided but no later than 1 April 2020, the person, by written notice, asks the commission to amend the application under subsection (2).(2)Before deciding the application, the commission must amend the application to include a licence of the class mentioned opposite the licence applied for in column 2 of the table (the additional licence).(3)If the application is amended under subsection (2) to include a mechanical services—plumbing licence as the additional licence—(a)no additional fee is payable for the application; and(b)no fee is payable for the grant or renewal of the additional licence.(4)Subsection (5) applies in relation to an application for the licence applied for if, immediately before the commencement, the applicant had the qualifications mentioned opposite the licence in column 3 of the table.(5)For deciding the application, the applicant is taken to have the qualifications required for the additional licence.(6)Subsection (7) applies in relation to an application for, or for the renewal of, the licence applied for if the applicant does not have the technical qualifications stated in the technical qualifications document for the additional licence.(7)For deciding the application, the experience for the additional licence for section 31(1)(b) or 32(1)(a) of the Act is the experience mentioned opposite the additional licence in column 4 of the table.
Column 1
Column 2
Column 3
Column 4
Licence applied for
Additional licence
Accepted qualifications for additional licence
Alternative experience requirement for additional licence
plumbing and drainage licence mentioned in schedule 2, part 18
mechanical services—plumbing licence mentioned in schedule 2, part 48
the technical qualifications stated in schedule 2, part 18, section 3
the commission is satisfied the applicant has carried out, whether before or after the commencement, mechanical services work for at least 6 months
gasfitting licence mentioned in schedule 2, part 36
mechanical services—medical gas licence mentioned in schedule 2, part 47
the technical qualifications stated in schedule 2, part 36, section 3 and successful completion of the competency unit called ‘Install medical gas pipeline system (CPCPMS3034A)’
the commission is satisfied the applicant has carried out medical gas work, in compliance with the Work Health and Safety Act 2011, for at least 6 months
69Pending application for water plumber—water and sanitary licence
(1)This section applies if—(a)before the commencement, a person applied under the Plumbing and Drainage Act 2018 for a water plumber—water and sanitary licence; and(b)immediately before the commencement, the application (the PDA application) had not been decided; and(c)before the PDA application is decided but no later than 1 April 2020, the person, by written notice, asks the commission to confirm that an application is taken to have been made under subsection (2).(2)The person is taken to have also made an application for a mechanical services—plumbing occupational licence (the deemed application).(3)The commission must, as soon as practicable after receiving the notice mentioned in subsection (1)(c), give the person written confirmation that the person is taken to have made the deemed application.(4)The deemed application must be decided with the PDA application.(5)No fee is payable for the deemed application or the grant of the mechanical services—plumbing occupational licence.(6)In this section—mechanical services—plumbing occupational licence means a licence of the class mentioned in schedule 3A, part 2.water plumber—water and sanitary licence means the restricted licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, item 7.70Alternative qualifications and experience for particular licences
(1)This section applies in relation to an applicant for a licence of a class mentioned in column 1 of the table below if the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class.(2)For sections 31(1)(b), 32(1)(a) and 32AA(1)(a) of the Act, the qualifications for the licence class are the qualifications mentioned opposite the licence class in column 2 of the table.(3)For sections 31(1)(b) and 32(1)(a) of the Act, the experience for the licence class is the experience (if any) mentioned opposite the licence class in column 3 of the table.(4)This section applies despite part 3, division 2.(5)This section stops applying on 1 July 2020.
Column 1
Column 2
Column 3
Licence class applied for
Alternative qualification
Alternative experience requirement
mechanical services—medical gas licence mentioned in schedule 2, part 47
a gasfitting licence mentioned in schedule 2, part 36
the commission is satisfied the applicant has carried out medical gas work, in compliance with the Work Health and Safety Act 2011, for at least 6 months
mechanical services—plumbing licence mentioned in schedule 2, part 48
a plumbing and drainage licence mentioned in schedule 2, part 18 (a plumbing and drainage licence)
the commission is satisfied the applicant has carried out, whether before or after the commencement, mechanical services work under a plumbing and drainage licence for at least 6 months
mechanical services—plumbing occupational licence mentioned in schedule 3A, part 2
a water plumber—water and sanitary licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, item 7
—
71Deferral of experience requirements for particular licences
(1)This section applies in relation to a licence of a class mentioned in column 1 of the table below.(2)The section mentioned opposite the licence class in column 2 of the table does not apply in relation to a person who applies for a licence of the class before 1 January 2022.
Column 1
Column 2
Licence class
Deferred experience requirement
mechanical services—medical gas
schedule 2, part 47, section 5
mechanical services—plumbing
schedule 2, part 48, section 5
mechanical services— air-conditioning and refrigeration (unlimited design)
schedule 2, part 48A, section 5
mechanical services—air-conditioning and refrigeration (limited design)
schedule 2, part 48B, section 5
72Fee for mechanical services plumbing licence not payable—relevant licence held
(1)This section applies if—(a)before 1 April 2020, a person applies for a licence of a class mentioned in column 1 of the table below; and(b)the person holds a licence of the class mentioned opposite the licence class applied for in column 2 of the table.(2)No fee is payable for the application or the grant of the licence applied for.
Column 1
Column 2
Licence class applied for
Relevant licence class held
mechanical services—plumbing licence mentioned in schedule 2, part 48
plumbing and drainage licence mentioned in schedule 2, part 18
mechanical services—plumbing occupational licence mentioned in schedule 3A, part 2
water plumber—water and sanitary licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, item 7
73Fee for mechanical services plumbing licence not payable—prior relevant experience
(1)This section applies if—(a)immediately before the commencement, a person held a contractor’s licence mentioned in schedule 2, part 47 or 48, as in force immediately before the commencement; and(b)the person personally carried out or employed another person to carry out mechanical services plumbing work under the licence during the 6 months before the commencement; and(c)before 1 July 2020, the person applies for a mechanical services—plumbing licence of the class mentioned in schedule 2, part 48 (the licence applied for); and(d)the person—(i)has the technical qualifications for the licence applied for; or(ii)employs a nominee supervisor who holds a mechanical services—plumbing licence.(2)No fee is payable for the application or the grant of the licence applied for.(3)In this section—mechanical services plumbing work means constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a mechanical heating or cooling system in a building that is associated with the heating and cooling of that building.74Mechanical services work by employee of person not licensed for the work—Act, s 42CA
(1)For section 42CA(2) of the Act, mechanical services work personally carried out by an individual (the affected individual) is prescribed if—(a)immediately before the commencement—(i)a person (the employer) was carrying on a business that included carrying out the mechanical services work; and(ii)the affected individual was an officer, employee or subcontractor of the employer and was personally carrying out the mechanical services work for the employer; and(b)from the commencement—(i)the mechanical services work would be within the scope of work for a mechanical services licence (a relevant licence) if the licence were held by the employer; and(ii)the affected individual has continued to personally carry out the mechanical services work for the employer.(2)This section stops applying on the first of the following days—(a)if the employer applies for a relevant licence—the day the application is granted or refused;(b)1 July 2020.75Mechanical services work by employee of licensed contractor for the work—Act, s 42CA
(1)For section 42CA(2) of the Act, mechanical services work personally carried out by an individual is prescribed if—(a)the individual is an officer, employee or subcontractor of a licensed contractor and personally carries out the mechanical services work under the contractor’s licence; and(b)the mechanical services work is within the scope of work for the class of licence.(2)However, subsection (1) does not apply if the individual is—(a)a nominee supervisor providing supervisory services for, or personally supervising, the mechanical services work; or(b)an apprentice who, from the commencement, completes an apprenticeship for which the apprentice has been personally carrying out the mechanical services work in a calling that requires the apprentice to carry out the work.(3)This section stops applying on 1 January 2022.
14Amendment of sch 1 (Work that is not building work)
(1)Schedule 1, section 2—
insert—(e)subject to section 33(3) of this schedule, the work is mechanical services work within the scope of work for a mechanical services licence.(2)Schedule 1, section 33—
insert—(3)Work that is mechanical services work within the scope of work for a mechanical services licence, if—(a)the work is performed personally by the owner of the land on which the work is performed; and(b)the value of the work is less than $1,100.
After schedule 1—
insert—section 6A
1the following work that would be mechanical services work other than for being prescribed under section 6A of this regulation and this schedule—•work carried out on a class 1a or class 10 building•work carried out on a building located on land to which the Geothermal Energy Act 2010, Greenhouse Gas Storage Act 2009, Mineral Resources Act 1989, Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004 applies•work carried out as part of an environmentally relevant activity prescribed under the Environmental Protection Regulation 2019, schedule 2, any of sections 5 to 14, 19, 22 to 25, 28 to 33, 36, 38 to 42, 44, 45, 55, 61, 63 or 64•work carried out as part of a resource activity under the Environmental Protection Act 1994 including an ancillary activity under that Act that is an environmentally relevant activity prescribed under the Environmental Protection Regulation 2019, schedule 2, any of sections 6 to 14, 19, 22, 25, 28 to 33, 36, 38, 40 to 42, 44, 45, 63 or 642work to which schedule 1, section 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 17, 20, 34, 37, 38, 40, 42, 44 or 47 applies
16Amendment of sch 2 (Classes of licences and licence requirements)
(1)Schedule 2, part 4, section 2(5)(b)(i) and (c)(i), after ‘licence’—
insert—or mechanical services licence
(2)Schedule 2, part 5, section 2(5)(b)(i) and (c)(i), after ‘licence’—
insert—or mechanical services licence
(3)Schedule 2, part 6, section 2(2)(b)(i), after ‘licence’—
insert—or mechanical services licence
(4)Schedule 2, part 7, section 2(3)(b)(i), after ‘licence’—
insert—or mechanical services licence
(5)Schedule 2, part 8, section 2(3)(a), after ‘licence’—
insert—or mechanical services licence
(6)Schedule 2, part 9, section 2(4)(a), after ‘licence’—
insert—or mechanical services licence
(7)Schedule 2, part 10, section 2(8)(a), after ‘licence’—
insert—or mechanical services licence
(8)Schedule 2, parts 47 and 48—
omit, insert—Mechanical services—medical gas.(1)Constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a medical gas system in a building.(2)Incidental work of another class.The technical qualifications stated in the technical qualifications document for the licence class applied for.See section 70 of this regulation for alternative qualifications for a licence of this class applying before 1 July 2020.An approved managerial qualification.Two years experience, other than experience gained during an apprenticeship, in—(a)the scope of work for the class; or(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for that class.1See section 70 of this regulation for other experience requirements for a licence of this class applying before 1 July 2020.2Under section 71 of this regulation, this section does not apply in relation to a person applying for a licence of this class before 1 January 2022.The relevant minimum financial requirements.Mechanical services—plumbing.(1)Constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a mechanical heating or cooling system in a building that is associated with the heating and cooling of that building.(2)However, the scope of work mentioned in subsection (1) does not include work associated with a substance if, under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cwlth), a licence is required to—(a)manufacture, import or export the substance; or(b)manufacture or import equipment containing the substance or using the substance in its operation.(3)Incidental work of another class.The technical qualifications stated in the technical qualifications document for the licence class applied for.See section 70 of this regulation for alternative qualifications for a licence of this class applying before 1 July 2020.An approved managerial qualification.Two years experience, other than experience gained during an apprenticeship, in—(a)the scope of work for the class; or(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for that class.1See section 70 of this regulation for other experience requirements for a licence of this class applying before 1 July 2020.2Under section 71 of this regulation, this section does not apply in relation to a person applying for a licence of this class before 1 January 2022.The relevant minimum financial requirements.Mechanical services—air-conditioning and refrigeration (unlimited design).(1)Mechanical services work involving a relevant activity.(2)The following building work—(a)building work involving a relevant activity;(b)constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a mechanical ventilation system in a building;(c)designing and preparing plans and specifications for a mechanical ventilation system in a building—(i)for the licensee’s personal use; or(ii)for use in building work to be performed by the licensee personally.(3)Incidental work of another class.(4)In this section—relevant activity means—(a)constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning any of the following for a building—(i)air-conditioning;(ii)air handling systems;(iii)equipment in which a refrigerant gas is, or is to be, used;(iv)refrigeration; or(b)designing and preparing plans and specifications for a thing mentioned in paragraph (a)(i), (ii), (iii) or (iv)—(i)for the licensee’s personal use; or(ii)for use in building work to be performed by the licensee personally.The technical qualifications stated in the technical qualifications document for the licence class applied for.An approved managerial qualification.(1)Two years experience, other than experience gained during an apprenticeship, in—(a)the scope of work for the class; or(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for that class.(2)Despite subsection (1)(a), if a person has 2 years experience in carrying out work within the scope of work for a mechanical services—air-conditioning and refrigeration occupational licence, the person is not required to have experience in design work.(3)In this section—design work means the work mentioned in section 2(2)(c) or (4), definition relevant activity, paragraph (b).mechanical services—air-conditioning and refrigeration occupational licence means a licence of the class mentioned in schedule 3A, part 3.Under section 71 of this regulation, this section does not apply in relation to a person applying for a licence of this class before 1 January 2022.The relevant minimum financial requirements.Mechanical services—air-conditioning and refrigeration (limited design).(1)Mechanical services work involving a relevant activity.(2)The following building work—(a)building work involving a relevant activity;(b)constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a mechanical ventilation system in a building.(3)Design and prepare plans and specifications for—(a)air-conditioning and mechanical ventilation and air handling systems for a building—(i)that is not more than 3 storeys; and(ii)that has a floor area of not more than 2000m2; and(iii)for which the plant capacity for any 1 system for the building is not more than 34kW; or(b)refrigeration systems for a building.(4)However, the scope of work mentioned in subsection (3) only includes plans and specifications—(a)to the extent the plans and specifications are for air-conditioning and mechanical ventilation and air handling systems for a building—if the systems do not form part of a fire or smoke hazard management system for the building; and(b)that are—(i)for the licensee’s personal use; and(ii)for use in building work to be performed by the licensee personally.(5)Incidental work of another class.(6)In this section—relevant activity means constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning any of the following for a building—(a)air-conditioning;(b)air handling systems;(c)equipment in which a refrigerant gas is, or is to be, used;(d)refrigeration.The technical qualifications stated in the technical qualifications document for the licence class applied for.An approved managerial qualification.(1)Two years experience, other than experience gained during an apprenticeship, in—(a)the scope of work for the class; or(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for that class.(2)Despite subsection (1)(a), if a person has 2 years experience in carrying out work within the scope of work for a mechanical services—air-conditioning and refrigeration occupational licence, the person is not required to have experience in design work.(3)In this section—design work means work to which section 2(3) applies.mechanical services—air-conditioning and refrigeration occupational licence means a licence of the class mentioned in schedule 3A, part 3.Under section 71 of this regulation, this section does not apply in relation to a person applying for a licence of this class before 1 January 2022.The relevant minimum financial requirements.(9)Schedule 2, part 55, section 2(4)(b)—
insert—(ia)a mechanical services licence is required unless the licensee holds a mechanical services licence; or(10)Schedule 2, part 55, section 2(4)(b)(ia) and (ii)—
renumber as section 2(4)(b)(ii) and (iii).
After schedule 3—
insert—sections 11A and 15A
Mechanical services—medical gas.Constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a medical gas system in a building.
The technical qualifications stated in the technical qualifications document for the licence class applied for.Mechanical services—plumbing.(1)Constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a mechanical heating or cooling system in a building that is associated with the heating and cooling of that building.(2)However, the scope of work mentioned in subsection (1) does not include work associated with a substance if, under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cwlth), a licence is required to—(a)manufacture, import or export the substance; or(b)manufacture or import equipment containing the substance or using the substance in its operation.The technical qualifications stated in the technical qualifications document for the licence class applied for.See section 70 of this regulation for alternative qualifications for a licence of this class applying before 1 July 2020.Mechanical services—air-conditioning and refrigeration.Constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning air-conditioning, air handling systems and refrigeration for a building.
The technical qualifications stated in the technical qualifications document for the licence class applied for.
(1)Schedule 7, item 1—
insert—
121.65
(2)Schedule 7, item 3—
insert—
121.65
310.20
19Amendment of sch 8 (Dictionary)
Schedule 8—
insert—mechanical services licence means a licence of a class mentioned in—(a)schedule 2, part 47, 48, 48A or 48B; or(b)schedule 3A.medical gas work means constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a medical gas system in a building.refrigerant gas means a substance or mixture of substances, other than water, capable of undergoing a change in phase, that is used in a mechanical heating or cooling system.