Queensland Building and Construction Commission Act 1991Queensland Building and Construction Commission Regulation 2018Part 1Preliminary1Short titleThis regulation may be cited as the Queensland Building and Construction Commission Regulation 2018.2CommencementThis regulation commences on 1 September 2018.Part 2Interpretation3DictionaryThe dictionary in schedule 8 defines particular words used in this regulation.4Number of storeys of buildingsFor deciding the number of storeys of a building, other than for section 67WE(1)(c) of the Act, the lowest storey is not counted if it consists mainly of a car park.Note—For calculating the number of storeys for section 67WE(1)(c) of the Act, see also section 29.5Work that is not building work—Act, sch 2, definition building work(1)For schedule 2 of the Act, definition building work, work stated in schedule 1 is not building work.(2)To remove any doubt, it is declared that subsection (1) does not stop applying to work stated in schedule 1 merely because the work is carried out in combination with other work stated in schedule 1.6Licensed builder—Act, sch 2, definition licensed builderFor schedule 2 of the Act, definition licensed builder, a person is a licensed builder if the person is the holder of a builder contractor’s licence.7Scope of work for a licence—incidental work of another class(1)This section applies if, for a licence class under schedule 2 (the relevant class), the scope of work for the class includes incidental work of another class.(2)A licensee under the relevant class may carry out, or engage another person to carry out, building work with a total value of $3,300 or less—(a)that is within the scope of work under a licence class other than the relevant class; and(b)that is incidental to building work being carried out under the relevant class; and(c)that is—(i)for work for which an occupational licence or a fire protection licence is required—carried out by a licensee who holds a licence to carry out the work; or(ii)otherwise—carried out by the licensee or a licensee who holds a licence to carry out the work.
(3)To remove any doubt, a licensee under the relevant class may do the following—(a)personally carry out work mentioned in subsection (2)(c)(ii);(b)engage a person who holds an appropriate licence to carry out work mentioned in subsection (2)(c)(i) or (ii).
Part 3LicencesDivision 1Classes of licences8Classes of contractor’s licence—Act, s 30Contractors’ licences are divided into the classes stated in schedule 2.9Classes of nominee supervisor’s licence—Act, s 30ANominee supervisors’ licences are divided into the classes stated in schedule 2.10Classes of site supervisor’s licence—Act, s 30BSite supervisors’ licences are divided into the classes stated in schedule 2 other than the classes stated in any of parts 22 to 33.11Classes of fire protection occupational licence—Act, s 30CFire protection occupational licences are divided into the classes stated in schedule 3.Division 2Entitlement to licences12Qualifications and experience for contractor’s licence—Act, s 31(1)For section 31(1)(b) of the Act, the qualifications and experience in relation to a licence are the qualifications and experience stated in schedule 2 for the relevant class of licence.(2)Also, for a class of licence other than a class mentioned in schedule 2, any of parts 18, 19, 22 to 33, 36 and 56, a combination of 2 or more of the following is a qualification for the class if the commission is satisfied the combination is at least equivalent to the required competency for the class—(a)successful completion of an apprenticeship;(b)a recognition certificate;(c)a qualification or statement of attainment of the required competency for any class of licence mentioned in schedule 2;(d)a written statement issued by an approved authority that the individual has the required competency for the class of licence.
(3)In this section—approved authority means—(a)a registered training organisation; or(b)another entity approved by the commission.
recognition certificate means a recognition certificate issued under the repealed Vocational Education, Training and Employment Act 2000, that has not been cancelled.required competency, for a class of licence, means units of competency approved by the commission as the minimum technical requirements for the class.statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).13Qualifications and experience for nominee supervisor’s licence—Act, s 32For section 32(1)(a) of the Act, the qualifications and experience for a nominee supervisor’s licence are the technical qualifications, managerial qualifications, if any, and experience stated in schedule 2 for the relevant class of licence.14Qualifications for site supervisor’s licence—Act, s 32AAFor section 32AA(1)(a) of the Act, the qualifications for a site supervisor’s licence are the technical qualifications stated in schedule 2 for the relevant class of licence.15Qualifications for fire protection occupational licence—Act, s 32ABFor section 32AB(1)(a) of the Act, the qualifications for a fire protection occupational licence are the technical qualifications stated in schedule 3 for the relevant class of licence.Division 3Grant of licences16Applications for licence—Act, s 33(1)For section 33(1)(a) of the Act, an application for a licence must—(a)be made to the commission; and(b)be accompanied by—(i)for an application for a contractor’s or nominee supervisor’s licence—documentary evidence, satisfactory to the commission, of the applicant’s identity, qualifications and experience; and(ii)for an application for a site supervisor’s licence—documentary evidence, satisfactory to the commission, of the applicant’s identity and qualifications; and(iii)for an application for a contractor’s licence—documentary evidence required under the minimum financial requirements; and(iv)the licence application fee and licence fee stated in schedule 7.
(2)The applicant or, if the applicant is a company, an officer of the company must, at the request of the commission—(a)attend an interview with an officer of the commission to answer questions and provide information about the application; and(b)provide the commission with any further evidence it reasonably requires to decide the application.
(3)If the applicant, or the officer, does not, without a reasonable excuse, attend an interview or provide evidence required under this section, the commission may reject the application on that ground.(4)Subsection (5) applies to an application if—(a)the applicant is a company; and(b)the commission is satisfied the company’s main object is to conduct training for persons to undertake building work.
(5)Payment of the application fee and the licence fee for the application is waived.s 16 amd 2018 SL No. 218 s 3017Applications for renewal of licence—Act, s 37B(1)For section 37B(2) of the Act, the licence fee for a renewal of a licence must be paid at or before 4.30p.m. on the day the licence is due to expire.(2)Payment of the licence fee for a renewal of a licence is waived if—(a)the licensee is a company; and(b)the commission is satisfied the company’s main object is to conduct training for persons to undertake building work.
Division 4Miscellaneous18Fire protection work—Act, s 42C(1)For section 42C(2)(a) of the Act, the fire protection work mentioned in schedule 4, column 1 is prescribed.(2)For section 42C(2)(b) of the Act, the technical qualifications mentioned in schedule 4, column 2 are prescribed for the fire protection work mentioned in schedule 4, column 1.19Refund of licence fee(1)The commission may refund the unexpired part of the licence fee paid by a licensee if—(a)the licensee surrenders the licence before the expiry day for the licence; or(b)the licensee dies during the licence period.
(2)The unexpired part is the amount worked out using the formula—![]()
where—LF means the licence fee paid by the licensee, whether for a 1 year or a 3 year period.WM means the number of whole months before the expiry date for the licence.Y means the number of years for which the licence was renewed.(3)For subsection (2), a whole month means a month beginning on the day of the calendar month on which the licence was issued and ending on the day before the corresponding day of the next calendar month.Examples of a whole month—•for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month•for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month
Part 4Owner-builder permits20Prescribed course—Act, s 43D, definition owner-builder courseFor section 43D of the Act, definition owner-builder course, the course prescribed is the Course in Preparation for Owner Builder Permit 10274NAT or a course the commission considers is at least equivalent to that course.21Exceptional circumstances for granting application for owner-builder permit—Act, s 44BFor section 44B(4)(a) of the Act, the following are exceptional circumstances—(a)the work to be carried out would help an applicant who is suffering from a serious medical condition;(b)the work to be carried out would help a person who is living with the applicant and suffering from a serious medical condition;(c)the work to be carried out would help an applicant who is suffering severe financial hardship;(d)the work to be carried out would help a person who is living with the applicant and suffering severe financial hardship.
22Warnings—Act, s 47(1)The notice to be given to a prospective purchaser of land under section 47(1) of the Act must—(a)state that building work detailed in the notice has been carried out under an owner-builder permit by a person named in the notice; and(b)contain a warning in the following terms—‘WARNING—THE BUILDING WORK TO WHICH THIS NOTICE RELATES IS NOT COVERED BY INSURANCE UNDER THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991.’.
(2)The notice must be given in duplicate, and the purchaser must sign 1 copy of the notice and return it to the vendor on or before signing the contract.Part 5Disqualified individuals23Demerit offences—Act, s 67ARFor section 67AR of the Act, each of the following is a demerit offence—(a)an offence against a provision of the Act stated in schedule 5, column 1;(b)a contravention of a requirement imposed under a provision of the Act stated in schedule 5, column 1.
24Demerit points—Act, s 67AW(1)For section 67AW(2)(a) of the Act, the number of points allocated to a demerit offence is the number stated opposite the offence in schedule 5, column 2.(2)However, each conviction of a person for a demerit offence against section 73 of the Act is allocated a total of 10 demerit points, inclusive of the number of demerit points stated opposite the offence in schedule 5, column 2, if the commission is satisfied the building work to which the offence relates—(a)is work relating to the structural performance, safety or integrity of a building; or(b)causes a hazard to public health, public safety or the environment generally; or(c)causes a person to suffer significant financial loss.
s 24 amd 2018 SL No. 177 s 21Part 6Statutory insurance schemeDivision 1Name of scheme25Name of statutory insurance scheme—Act, s 67XFor section 67X(4) of the Act, the name of the statutory insurance scheme is the Queensland Home Warranty Scheme.Division 2Work under the scheme26Work not covered under the statutory insurance scheme—Act, s 67WBFor section 67WB(1)(f) of the Act, the following work is prescribed—(a)work on or for a duplex or multiple dwelling if the duplex or multiple dwelling is more than 3 storeys;Examples for paragraph (a)—•work for tiling the kitchen in a single residential unit in a 4-storey duplex•work for renovating the bathroom of a single residential unit in a 10-storey multiple dwelling
(b)work on or for a building used or proposed to be used for a purpose related to the use of a duplex, or proposed duplex, of more than 3 storeys;(c)work on or for a building used or proposed to be used for a purpose related to the use of a multiple dwelling, or proposed multiple dwelling, of more than 3 storeys;(d)work on or for a building that is—(i)on, or proposed to be on, the site of a residence or proposed residence; and(ii)used, or proposed to be used, primarily for a purpose that is not related to the use of the residence or proposed residence;
(e)work on or for a class 1b, 3, 4, 5, 6, 7b, 8 or 9 building;(f)work on or for a class 7a building unless the building is, or is proposed to be, used with a class 2 building;(g)work for the erection, construction or installation of a swimming pool that is, or is proposed to be, used primarily for a purpose that is not related to the use of a residence or proposed residence;(h)work for the erection, construction or installation of a structure that is not fixed.Example for paragraph (h)—work for installing a portable spa pool
27Primary insurable work—Act, s 67WCFor section 67WC(1)(e) of the Act, the following building work is prescribed—(a)building work for the renovation, alteration, extension, improvement or repair of the building envelope for a residence or related roofed building;Examples for paragraph (a)—•painting an external wall of a residence or related roofed building•extending the building envelope for a residence by constructing a patio
(b)building work for a structure attached to the external part of a residence or related roofed building if the structure does not have any other supporting structure;Examples for paragraph (b)—•an awning or handrail that is attached to a residence and does not have any other supporting structure•a soffit or cladding
(c)building work for a structure attached to the external part of a residence or related roofed building if the structure is for—(i)the primary water supply to the residence or related roofed building; or(ii)sewerage or drainage for the residence or related roofed building; or(iii)stormwater discharge for the residence or related roofed building;
Examples for paragraph (c)—•installing a water tank for the primary water supply to a residence•altering an existing water pipe for the primary water supply to a residence•repairing a downpipe or gutter that drains stormwater from a related roofed building to a stormwater drain•extending a sanitary drain that connects a residence to a main of a sewerage system
(d)building work for an elevated platform, including a verandah and deck, that is attached to a residence or related roofed building;(e)building work for stairs, a ramp or a similar structure providing access to a residence or related roofed building if the stairs, ramp or structure is, or is to be, permanently attached to the residence or related roofed building;(f)building work for the installation, repair or replacement of support structures for a residence or related roofed building.Examples for paragraph (f)—•replacement of a stump for a residence or related roofed building•installation or repair of a retaining wall that supports a residence or related roofed building•installation of underpinning for a residence or related roofed building
28Work that is not primary insurable work—Act, s 67WC(1)For section 67WC(2)(e) of the Act, the following work is prescribed—(a)work mentioned in schedule 1, section 21, 26, 29, 30, 32, 36, 40 or 45;(b)installation of electrical appliances intended to be permanently fixed to a residence or related roofed building;(c)installation, renovation, repair or replacement of any of the following—(i)a cubbyhouse;(ii)a structure for housing animals;Example for subparagraph (ii)—a doghouse(iii)a shade sail or fixed umbrella;(iv)telephone or data cables;(v)a water meter;(vi)a water tank that is not for the primary water supply to a residence or related roofed building;
(d)construction of a slab if—(i)the slab is not within, or not attached or connected to, the building envelope of a residence or related roofed building; or(ii)the work for the construction of the slab does not include the erection or construction of a residence, related roofed building or swimming pool on the slab.
(2)In this section—electrical appliance means an instrument, apparatus or device that is connected to an electricity supply by means of a flexible cord plug and socket outlet.29Calculating number of storeys of building—Act, s 67WEFor section 67WE(4) of the Act, the number of storeys of a building is calculated by excluding 1 storey of the building if more than 50% of the floor area of at least 1 storey of the building is designed to accommodate motor vehicles.Example—If a building has 3 storeys containing residential units and another storey of which more than 50% of the floor area is designed to accommodate motor vehicles, the number of storeys of the building is 3.Division 3Assistance30Terms of cover—Act, s 67Y(1)For section 67Y of the Act, the terms of cover are stated in schedule 6.(2)The terms of cover apply to the following work—(a)residential construction work;(b)work performed by either of the following persons if the work is associated with residential construction work—(i)an architect in the architect’s professional practice;(ii)an engineer in the engineer’s professional practice.
(3)The terms of cover under the statutory insurance scheme for residential construction work are the terms of cover stated in schedule 6 when—(a)if the consumer for the work obtains optional additional cover—the optional additional cover comes into force for the work; or(b)otherwise—cover under the statutory insurance scheme comes into force for the work.Note—See section 68I of the Act for when cover under the statutory insurance scheme comes into force for residential construction work.
31Optional additional cover—Act, s 67Z(1)For section 67Z(4) of the Act, schedule 6 provides for other matters relating to optional additional cover.(2)For section 67Z(5) of the Act, definition optional additional cover, the additional assistance provided to a person and the additional compensation to be paid under the statutory insurance scheme are stated in schedule 6.32Associate of building contractor not entitled to assistance under statutory insurance scheme—Act, s 68(1)For section 68(4) of the Act, if a building contractor carries out residential construction work, a person who is an associate of the building contractor is not entitled to assistance under the statutory insurance scheme in relation to the work.(2)In this section—associate, of a building contractor, means—(a)if the building contractor is an individual—(i)the individual’s spouse or child; or(ii)a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or(iii)a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or(iv)a corporation of which the individual is an executive officer; or(v)a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or
(b)if the building contractor is a corporation—(i)an executive officer of the corporation; or(ii)a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; orExamples for subparagraph (ii)—•a shareholder with a significant shareholding•a financier•a senior employee•an executive officer of another corporation that holds a controlling interest in the corporation
(iii)the spouse or child of a person mentioned in subparagraph (i), (ii) or (vii); or(iv)a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or(v)a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or(vi)a related body corporate of the corporation; or(vii)the corporation’s nominee.
building contractor does not include a subcontractor who carries out building work for a building contractor.related body corporate see the Corporations Act, section 50.Division 4Calculating insurable value33Application of division—Act, s 68DThis division prescribes, for section 68D(5) of the Act, the way to calculate the insurable value of particular residential construction work.34Work for multiple dwellings(1)This section applies if residential construction work includes any of the following work—(a)residential construction work for the erection or construction of a multiple dwelling;(b)residential construction work for the alteration or repair of the footings or slab of a multiple dwelling;(c)residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a multiple dwelling;(d)residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a multiple dwelling in the community titles scheme;(e)residential construction work for the renovation, alteration, extension, improvement or repair of 2 or more residential units in a multiple dwelling if the residential units are owned by the same person.
(2)The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.Note—See also sections 38 and 39.(3)However, this section applies to residential construction work mentioned in subsection (1)(c), (d) or (e) only if the insurable value of the work is—(a)for work mentioned in subsection (1)(c)—more than $5,000; or(b)for work mentioned in subsection (1)(d) or (e)—more than $20,000.
35Work for duplexes(1)This section applies if residential construction work includes any of the following work and section 34 does not apply in relation to the work—(a)residential construction work for the erection or construction of a duplex;(b)residential construction work for the alteration or repair of the footings or slab of a duplex;(c)residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a duplex;(d)residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a duplex in the community titles scheme;(e)residential construction work for the renovation, alteration, extension, improvement or repair of both residential units in a duplex.
(2)The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.Note—See also sections 38 and 39.(3)However, this section applies to residential construction work mentioned in subsection (1)(c), (d) or (e) only if the insurable value of the work is—(a)for work mentioned in subsection (1)(c)—more than $5,000; or(b)for work mentioned in subsection (1)(d) or (e)—more than $20,000.
36Work for 2 or more detached dwellings(1)This section applies if—(a)residential construction work includes building work for 2 or more detached dwellings; and(b)section 34 or 35 does not apply in relation to the work.
(2)The insurable value of the residential construction work for each living unit is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.Note—See also section 39.37Reference to particular work only includes primary building work(1)In this division, a reference to the following work only includes building work that is primary building work—(a)residential construction work mentioned in section 34(1)(b), (c) or (d);(b)residential construction work mentioned in section 35(1)(b), (c) or (d).
(2)However, for calculating an amount mentioned in the following sections, residential construction work that is not primary building work is included—(a)section 34(1)(c) or (d)(ii);(b)section 35(1)(c) or (d)(ii).
(3)In this section—primary building work means relevant work for a duplex or multiple dwelling if—(a)the relevant work is—(i)within the building envelope, or for the renovation, alteration, extension, improvement or repair of the building envelope, for the duplex or multiple dwelling; or(ii)for the guttering of a duplex or multiple dwelling; and
(b)the insurable value of the relevant work is more than the regulated amount within the meaning of section 67WC of the Act.
relevant work, for a duplex or multiple dwelling—(a)means any of the following work that is primary insurable work—(i)building work that affects the structural performance of the duplex or multiple dwelling;(ii)building work for the relocation or replacement of a roof, wall, internal partition, floor or foundation for the duplex or multiple dwelling;(iii)building work for the replacement or refitting of fixtures or fittings in a bathroom or kitchen in the duplex or multiple dwelling;(iv)building work for an unenclosed, elevated platform or verandah, including a deck, attached to the duplex or multiple dwelling;(v)building work that increases the covered floor area of the duplex or multiple dwelling;(vi)building work for the installation or repair of the primary water supply to, or sewerage or drainage for, the duplex or multiple dwelling; and
(b)does not include painting.
38Residential unit for which residential construction work carried out(1)This section applies if—(a)residential construction work is for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme; and(b)the work is in or on a duplex or multiple dwelling in the community titles scheme.
(2)The work is taken to be carried out for all residential units in the duplex or multiple dwelling.(3)However, subsection (2) does not apply if the residential construction work is only for common property the subject of an exclusive use by-law under the Body Corporate and Community Management Act 1997.39Living unitsFor this division and schedule 6—(a)a single detached dwelling is taken to be 1 living unit; and(b)a residential unit is taken to be 1 living unit; and(c)a duplex is taken to be 2 living units.
Division 5Miscellaneous40Matters for notice of cover—Act, s 68F(1)For section 68F(2) of the Act, the following matters must be included in a notice of cover for residential construction work—(a)a description of the work;(b)the name and licence number of the licensed contractor carrying out, or who is to carry out, the work;(c)the address, including the lot on plan description, of the site where the work is being or is to be carried out;(d)an amount representing the commission’s assessment of the insurable value of the work when issuing the notice;(e)the insurance premium paid for the work;(f)whether optional additional cover has been obtained for the work;(g)general information about when cover under the statutory insurance scheme comes into force;(h)general information about the period within which a claim under the statutory insurance scheme must be made.
(2)In this section—licensed contractor see schedule 6, section 2.41Refund of part of insurance premium—Act, s 70C(1)For section 70C of the Act, this section prescribes how to calculate the part of an insurance premium refundable because a variation of the value of residential construction work results in a decrease in the value of the work.(2)The refundable part of the insurance premium is the difference between the amount of the premium paid for the residential construction work before the variation and the amount of the premium that would have been payable on the decreased value.42Amount for tenders for rectification work—Act, s 71AThe amount prescribed for section 71A(4) of the Act is $20,000.43When work is taken to have started—Act, s 71F(1)For section 71F of the Act, residential construction work is taken to start when—(a)if the work includes the erection or construction of a footing system or slab or the provision of sewerage or drainage on a site—the erection or construction of the footing system or slab, or the provision of sewerage or drainage, physically starts on the site; or(b)otherwise—work for the renovation, alteration, extension, improvement or repair of an existing building on a site physically starts on the site.
(2)In this section—physically starts, for residential construction work, does not include starting any of the following—(a)the preparation of plans or specifications for the performance of the work;(b)design work;(c)administration services;(d)earthmoving or excavating;(e)site work related to the residential construction work.
44Insurance information statement(1)An interested person for land or a manufactured home may, on payment of the fee stated in schedule 7 for a request for an insurance information statement, ask the commission for an insurance information statement about the land or manufactured home.(2)The commission must comply with the request.(3)In this section—home owner, of a manufactured home, means a home owner under the Manufactured Homes (Residential Parks) Act 2003.interested person, for land or a manufactured home, means—(a)an owner of the land; or(b)a home owner of the manufactured home; or(c)a prospective purchaser of the land or manufactured home; or(d)the agent of a person mentioned in paragraph (a), (b) or (c).
owner, of land, includes the body corporate that under an approved determination of native title under the Native Title Act 1993 (Cwlth) has the exclusive right to regulate possession, occupation, use and enjoyment of the land.Note—See also schedule 2 of the Act, definition owner.prospective purchaser, of land or a manufactured home, means a person who the commission is satisfied—(a)if the land or manufactured home is offered or advertised for sale—is investigating purchasing the land or manufactured home; or(b)has entered into a contract with the owner of the land or the home owner of the manufactured home for the purchase of the land or manufactured home.
Part 7Domestic building contracts45Level 2 amount—Act, sch 1B, s 7For schedule 1B of the Act, section 7(2), definition level 2 amount, the prescribed amount is $20,000.46Building that is not a home—Act, sch 1B, s 9For schedule 1B of the Act, section 9(2), each of the following is declared not to be a home—(a)premises not intended to be used for permanent habitation;(b)a guesthouse, hostel or similar establishment;(c)a motel, residential club, residential hotel, residential part of a licensed premises or a serviced apartment;(d)a hospital, nursing home, aged care home, hostel or retirement village;(e)residential premises associated with a hospital or educational institution;(f)residential premises specifically set aside as a place at which specialised care services are supplied to children or disabled persons residing at the place;(g)a prison or similar establishment;(h)a caravan.
47Publication of consumer building guide—Act, sch 1B, s 46For schedule 1B of the Act, section 46(1), the commission must publish the consumer building guide on the commission’s website.Part 8General48Single amount to be transferred from General Statutory Fund to Insurance Fund—Act, s 25For section 25(4) of the Act, the single amount is $2,769,000.49Signs to be exhibited—Act, s 52For section 52 of the Act, a sign must—(a)be made of weatherproof materials; and(b)have a surface area of at least 0.5m2; and(c)be printed in letters at least 5cm high and placed in a way that can be easily read from the nearest street alignment.
50Advertisements—Act, s 54For section 54(c) of the Act, the information to be included in an advertisement under section 54(a) and (b) of the Act must—(a)if written—be easily read; or(b)if spoken—be no less audible and clear than other spoken material contained in the advertisement.
51Notification of nominee—Act, s 55(1)The notice required by section 55 of the Act must be in writing and contain the following information—(a)the name under which the company is licensed;(b)the licence number and class of licence held by the company;(c)the full name, address and licence number of the former nominee;(d)the date on which the former nominee ceased to be a nominee of the company;(e)for a change of nominee—(i)the full name, address and licence number of the new nominee; and(ii)the date on which the new nominee became the nominee of the company.
(2)The notice must also contain the name of a director of the company or an officer authorised by the company to give the notice, and be signed by the director or officer.52Partnerships—Act, s 56(1)For section 56(1)(c) of the Act, an advertisement must, in addition to stating the name under which the licensed contractor is licensed, state—(a)that the contractor is licensed under the Act; and(b)the contractor’s licence number.
(2)The information mentioned in subsection (1) must—(a)if written—be able to be easily read; or(b)if spoken—be no less audible and clear than other spoken material contained in the advertisement.
53Warning that contract is a construction management trade contract—Act, s 67V(1)For section 67V(2) of the Act, the following form of warning is prescribed—‘APPROVED WARNING UNDER SECTION 67V OF THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991This contract is a construction management trade contract, not a subcontract.You should be aware that, unlike a subcontract, under this contract the contracting party responsible for making payments to you (whether directly to you, or through the construction manager identified in this contract) is not required to demonstrate financial capacity to undertake the project under the Queensland Building and Construction Commission Act 1991 or any other legislation.You should make your own enquiries to satisfy yourself that the contracting party responsible for making payments to you under this contract has the financial capacity to fulfil its financial obligations to you.’.(2)The warning in subsection (1) must be—(a)on the first page of the contract; and(b)in bold type of at least 12 point font size.
54Interest—Act, s 77(1)For section 77(3)(c) of the Act, interest is payable on the amount of damages awarded—(a)if the parties have entered into a contract—at the rate provided under the contract; or(b)at the rate agreed between the parties; or(c)otherwise—at the rate of 10%.
(2)The interest is payable on and from the day after the day the amount became payable until and including the day the amount is paid.55Particulars in register—Act, s 99(1)For section 99(2)(e) of the Act, the particulars are the following—(a)for a licensee who holds a licence that authorises the licensee to carry out residential construction work—(i)the value of residential construction work carried out by the licensee other than work carried out as a subcontractor; and(ii)the number of projects involving residential construction work for which the licensee has carried out, or agreed to carry out, building work as a licensee; and(iii)if the licensee is a company—the full name and business address of the secretary of the company;
(b)the licensee’s current allowable annual turnover category;(c)if the licensee is a company and the nominee, a licensed director or a licensed secretary of the company is, or within the last 10 years was, a nominee, licensed director or licensed secretary of another company (the other company) that was a licensee at the relevant time—the name of the other company.
(2)If the secretary of a company mentioned in subsection (1)(a)(iii) does not have a business address, the register must instead contain the secretary’s residential address.(3)In this section—allowable annual turnover, for an applicant for a licence or a licensee, means the allowable annual turnover calculated for the applicant or licensee under the minimum financial requirements.allowable annual turnover category, for a licensee, means the category designated, under the minimum financial requirements, for the licensee’s allowable annual turnover.licensed director means a director of a company if—(a)the company is, or is required to be, a licensee; and(b)the director is also, or is also required to be, a licensee.
licensed secretary means a secretary of a company if—(a)the company is, or is required to be, a licensee; and(b)the secretary is also, or is also required to be, a licensee.
relevant time means any time during which the person mentioned in subsection (1)(c) is or was a nominee, a licensed director or a licensed secretary of the other company.s 55 amd 2018 SL No. 218 s 3056Prescribed persons and ways to examine building products or samples—Act, s 106O(1)For section 106O(4) of the Act, the prescribed classes of person for examining a building product or sample are—(a)if an Australian Standard states a way to examine the building product or sample—(i)persons accredited by NATA to examine the building product or sample; and(ii)persons accredited by another entity to examine the building product or sample, if the accreditation is recognised by NATA under a written agreement between NATA and the entity; or
(b)if paragraph (a) does not apply—persons the commissioner is satisfied are appropriately qualified to examine the building product or sample in the way mentioned in subsection (2)(b).
(2)For section 106O(4) of the Act, the prescribed way to examine a building product or sample is—(a)if an Australian Standard states a way to examine the building product or sample—the stated way; or(b)if paragraph (a) does not apply—a way the commissioner is satisfied is appropriate for examining the building product or sample for the purposes of part 6AA of the Act.
(3)The commissioner must keep a record of persons mentioned in subsection (1)(b).(4)In this section—NATA means the National Association of Testing Authorities Australia ABN 59 004 379 748.57Board’s policies approved—Act, sch 1, s 76For schedule 1, section 76 of the Act, the following policies are approved—(a)Rectification of Building Work made by the board on 16 May 2014; (b)Minimum Financial Requirements made by the board on 28 August 2015.
58Fees(1)The fees payable under the Act are stated in schedule 7.(2)A reference in schedule 7 to a particular category applying to a licence is a reference to the category of that name that applies under the minimum financial requirements.s 58 amd 2018 SL No. 218 s 30Part 9Transitional provisions59Definition for partIn this part—expired regulation means the expired Queensland Building and Construction Commission Regulation 2003.60Licences that may be held and renewed after commencement—Act, s 30(1)For section 30(4) of the Act, the following classes of licence are specified—•building restricted to alterations and additions•building restricted to external finishes•building restricted to building removal•building restricted to renovations, repairs and maintenance•building restricted to repairs and maintenance•building restricted to non-structural renovations•carpentry (formwork)•carpentry restricted to framing•carpentry restricted to lattice and other timber work•concreting restricted to concrete repairs•concreting restricted to light concreting•concreting restricted to minor repairs•concreting restricted to special finishes•specialised contracting—screw-in foundations•floor finishing and covering restricted to floor sanding and finishing—timber floors•floor finishing and covering restricted to install floating flooring•floor finishing and covering restricted to install strip flooring (non-structural)•floor finishing and covering restricted to seamless flooring•floor finishing and covering restricted to install cork flooring•floor finishing and covering restricted to install parquetry flooring•painting restricted to roof painting•painting restricted to special finishes•plastering drywall restricted to cornice fixing•plastering drywall restricted to partition installation•plastering drywall restricted to plaster setting•plastering drywall restricted to suspended ceiling fixing•plastering drywall restricted to wallboard fixing•plumbing and draining restricted to plumbing•plumbing and draining restricted to wall cladding•plumbing and draining restricted to skylight and ventilator installation•plumbing and draining restricted to tanks—water supply•specialised contracting—solid fuel heater installation•refrigeration, air conditioning and mechanical services restricted to multipackaged residential air conditioning equipment and plant•refrigeration, air conditioning and mechanical services restricted to residential evaporative cooling equipment•refrigeration, air conditioning and mechanical services restricted to self-contained window package residential air conditioning installation•roof tiling restricted to roof tile maintenance•structural landscaping restricted to fences•structural landscaping restricted to retaining walls•swimming pool and spa construction restricted to finishes.
Note—See also section 43 of the expired regulation.(2)While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the repealed Queensland Building Services Authority Regulation 1992 as in force immediately before 1 September 2003 are taken to continue to apply to the licence.61Contractors’ licences and nominee supervisors’ licences that may be held and renewed after commencement—Act, s 30(1)For section 30(4) of the Act—(a)the following classes of contractors’ licence are specified—(a)fire suppression systems—special hazards;(b)fire suppression systems—special hazards restricted to carrying out certain work;(c)fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work; and
(b)the following classes of nominee supervisor’s licence are specified—(a)fire suppression systems—special hazards;(b)fire suppression systems—special hazards restricted to carrying out certain work;(c)fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work.
Note—See also sections 50 and 51 of the expired regulation.(2)While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the expired regulation as in force immediately before 1 January 2009 are taken to continue to apply to the licence.62Existing competencies of persons to hold technical qualifications—sprinkler and suppression systems (reticulated water-based)—inspect and test(1)This section applies if an applicant—(a)has satisfactorily completed the following competencies—(i)Test fire protection systems for pressure BCPFS2005A;(ii)Test and maintain automatic fire sprinklers BCPFS3009A; and
(b)gives the commission evidence that—(i)the applicant was employed, before 1 January 2009, in the fire protection industry; and(ii)the applicant’s duties in that employment included the inspection and testing of sprinkler and suppression systems.
(2)The applicant is taken to hold the technical qualifications for a fire protection occupational licence in the class of sprinkler and suppression systems (reticulated water-based)—inspect and test.63Existing competencies of persons to hold technical qualifications for certain classes of licences(1)This section applies if—(a)under the expired regulation as in force immediately before 1 January 2009, completion of a course satisfied the technical requirements for a licence mentioned in column 1 of the table; and(b)a person gives the commission evidence that the person—(i)was enrolled in the course before 1 January 2009; and(ii)successfully completed the course before 1 January 2011.
(2)The person is taken to satisfy the technical qualifications for a licence of a class mentioned in column 2 of the table shown opposite the licence in column 1 of the table.TableColumn 1Column 2
1fire detection systemsfire detection, alarm and warning systems—certifyfire detection, alarm and warning systems—install and maintain—extra low voltage
2fire detection systems restricted to carrying out certain workfire detection, alarm and warning systems—install and maintain—extra low voltage
3fire detection systems restricted certification of, and preparation of reports about, certain workfire detection, alarm and warning systems—certify
4fire equipment—passive (wall and ceiling lining)passive fire protection—fire and smoke walls and ceilings—certifyplastering drywall licence
5fire equipment—passive (penetration and joint sealing)passive fire protection—fire collars, penetrations and joint sealing—certify, install and maintain
6fire equipment—passive (fire doors and fire shutters)passive fire protection—fire doors and shutters—certify
7fire equipment—passive (fire doors and fire shutters) restricted to carrying out certain workpassive fire protection—fire doors and shutters—inspect and test
8fire equipment—passive (fire doors and fire shutters) restricted to certification of, and preparation of reports about, certain workpassive fire protection—fire doors and shutters—certify
9fire fighting appliancesfire hydrants and hose reels—inspect and testportable fire equipment and hose reels (hose reels down stream of stop cock only)—certifyportable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain
10fire fighting appliances restricted to carrying out certain workportable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain
11fire fighting appliances restricted to certification of, and preparation of reports about, certain workfire hydrants and hose reels—inspect and testportable fire equipment and hose reels (hose reels down stream of stop cock only)—certify
12fire hose reels and fire hydrantsfire hydrants and hose reels—certifyfire hydrants and hose reels—install and maintain
13fire hose reels and fire hydrants restricted to carrying out certain workfire hydrants and hose reels—install and maintain
14fire hose reels and fire hydrants restricted to certification of, and preparation of reports about, certain workfire hydrants and hose reels—certify
15fixed fire pump setsfire pumps—certifyfire pumps—install and maintain
16fixed fire pump sets restricted to carrying out certain workfire pumps—install and maintain
17fixed fire pump sets restricted to certification of, and preparation of reports about, certain workfire pumps—certify
18fire sprinkler systems (domestic and residential)sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certifysprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain
19fire sprinkler systems (domestic and residential) restricted to carrying out certain worksprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain
20fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain worksprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certify
21fire sprinkler systems (other than domestic and residential)sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certifysprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain
22fire sprinkler systems (other than domestic and residential) restricted to carrying out certain worksprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain
23fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain worksprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certify
24fire sprinkler systems (domestic and residential); andfire sprinkler systems (other than domestic and residential)sprinkler and suppression systems (reticulated water-based)—certifysprinkler and suppression systems (reticulated water-based)—install and maintain
25fire sprinkler systems (domestic and residential) restricted to carrying out certain work; andfire sprinkler systems (other than domestic and residential) restricted to carrying out certain worksprinkler and suppression systems (reticulated water-based)—install and maintain
26fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work; andfire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain worksprinkler and suppression systems (reticulated water-based)—certify
64Existing competencies of persons to hold technical qualifications—portable fire equipment and hose reels (hose reels down stream of stop clock only) licences(1)This section applies if a person gives the commission evidence that the person—(a)was enrolled in the competency unit called ‘Service portable fire extinguishers in the workshop PRMPFES14B’ before 6 November 2009; and(b)successfully completed the competency unit before 1 January 2011.
(2)The person is taken to have satisfied the technical qualifications for a licence mentioned in—(a)schedule 2, part 29, section 3; or(b)schedule 3, part 8, section 3.
65References to expired regulationIn a document, a reference to the expired regulation is, if the context permits, taken to be as a reference to this regulation.Schedule 1Work that is not building worksection 51Work for a farm building or farm fence(1)Work mentioned in schedule 2 of the Act, definition building work, any of paragraphs (a) to (f), if—(a)the work is for a farm building; and(b)after the work is completed, the value of the farm building is not more than $27,500.
(2)Work mentioned in schedule 2 of the Act, definition building work, paragraph (a), (b) or (f), if the work is for a farm fence.(3)In this section—farm building means a building—(a)on land used wholly or primarily for agricultural or pastoral purposes; and(b)used, or intended to be used, for agricultural or pastoral purposes; and(c)that is not a residence.
farm fence means—(a)a fence—(i)on land used wholly or primarily for agricultural or pastoral purposes; and(ii)used, or intended to be used, for agricultural or pastoral purposes; or
(b)a gate or grid associated with a fence mentioned in paragraph (a).
2Work of a value of $3,300 or lessWork of a value of $3,300 or less, unless—(a)subject to section 33(2) of this schedule, the work is within the scope of work of a fire protection licence; or(b)the work is within the scope of work of a licence provided for in schedule 2, any of parts 11 to 14, 18, 19, 36, 51 or 56; or(c)the work is within the scope of work of another licence provided for in schedule 2, and is carried out by a licensee as part of a contract for building work of which the total value is more than $3,300; or(d)the work is within the scope of work of a licence provided for in schedule 2, part 38 and the value of the work is more than $1,100.
3Giving of free advice by building industry organisationsGiving of free advice by an organisation the membership of which is drawn wholly or predominantly from the building industry.4Work performed by architectsWork performed by an architect in the architect’s professional practice, including, for example, carrying out a completed building inspection.5Work performed by engineersWork performed by an engineer in the engineer’s professional practice.6Work performed by licensed surveyorsWork performed by a licensed surveyor in the surveyor’s professional practice.7Work performed by the Commonwealth or its agenciesWork performed by the Commonwealth or an instrumentality or agency of the Commonwealth, but not work performed for the Commonwealth or an instrumentality or agency by an independent contractor.8Work performed by the State or its agencies(1)Work performed by the State or an instrumentality or agency of the State, but not work performed for the State or an instrumentality or agency by an independent contractor.(2)In this section—agency of the State includes the following—(a)a department;(b)a government owned corporation;(c)an entity established under an Act;(d)a rail government entity under the Transport Infrastructure Act 1994.
9Work performed by local governmentsWork performed by a local government, but not work performed for a local government by an independent contractor.10Work performed by charities or community organisations(1)Work performed by a charitable or community organisation for its own use, if the commission gives the organisation written notice the work can be excluded from schedule 2 of the Act, definition building work, given the qualifications and experience of persons who supervise the work.(2)However, this exclusion does not apply to residential construction work.(3)In this section—11Work for water reticulation systems, sewerage systems or stormwater drains(1)Construction, extension, repair or replacement of a water reticulation system, sewerage system or stormwater drain, other than works connecting a particular building to a main of the system or drain.(2)In this section—building includes a proposed building.12Work for public utility easements(1)Construction, maintenance or repair on a public utility easement.(2)In this section—public utility easement see the Land Title Act 1994, section 81A.13Work on busways and tunnels(1)Construction, maintenance or repair of a busway or a tunnel for a busway.(2)In this section—busway means—(a)a route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport purposes; or(b)places for the taking on and letting off of bus passengers using the busway; or(c)a causeway or culvert in, on, or under a busway that is associated with the busway; or(d)a structure in, on, or under a busway that is associated with the busway.
14Work on roads and tunnels(1)Construction, maintenance or repair of a road or a tunnel for a road.(2)In this section—driveway means—(a)a surface constructed—(i)on a private property; and(ii)for the purpose of driving or riding of motor vehicles to or from the property and a road; and(iii)for which the right to use the surface is restricted to persons with an interest in the property and their invitees; or
(b)a surface constructed—(i)between the boundary of a private property and that part of a road used for the driving or riding of motor vehicles; and(ii)for the purpose of driving or riding of motor vehicles to or from the property and the road.
road—(a)means an area of land—(i)whether surveyed or unsurveyed, dedicated, notified or declared to be a road for public use; or(ii)whether surveyed or unsurveyed, taken under an Act, for the purpose of a road for public use; or(iii)developed, or to be developed, for the public use of driving or riding of motor vehicles; and
(b)includes—(i)a street, esplanade, highway, pathway, thoroughfare, toll road, track or stock route; and(ii)a causeway or culvert in, on, or under a road that is associated with the road; and(iii)a structure in, on, or under a road that is associated with the road; and
(c)does not include a driveway.
15Work on bikeways and footpaths(1)Construction, maintenance or repair of a bikeway or footpath or a tunnel for a bikeway or footpath.(2)In this section—bikeway—(a)means a path that has as 1 of its main purposes the public use of the path for riding bicycles; but(b)does not include a path contained within private property.
16Work on public bridgesConstruction, maintenance or repair of a bridge, other than a bridge on private property.17Work for railway tracksConstruction, maintenance or repair of railway tracks, signals or associated structures, unless the structures are buildings for residential purposes, or are storage or service facilities.18Work for airport runwaysConstruction, maintenance or repair of airport runways, taxiways and aprons.19Work on harbours, wharfs and other maritime structuresConstruction, maintenance or repair of harbours, wharfs and other maritime structures, unless the structures are buildings for residential purposes, or are storage or service facilities.20Electrical workElectrical work under the Electrical Safety Act 2002.21Work for emergency detection and warning systems(1)Inspection, testing, installation or general repair by a person who is a licensed electrical mechanic, of a fire detection system, alarm system or emergency warning and communication system for a building.(2)In this section—licensed electrical mechanic see the Electrical Safety Act 2002, schedule 2.22Work for damsConstruction, maintenance or repair of a dam.23Work for communications for broadcastingConstruction, maintenance or repair of communications installations performed for a public company or other public body engaged in radio or television broadcasting or in some other form of communications business or undertaking.24Work for unsupported signsConstruction, maintenance or repair of a sign that does not have a supporting structure.Example—a sign that consists of only a flat sheet of acrylic resin, fabric, metal or wood25Work for supporting structures for signsConstruction, maintenance or repair of a supporting structure for a sign if—(a)the value of building work for the supporting structure is less than $5,000; or(b)the top of the sign or supporting structure, whichever is higher, is less than 3m above the surface immediately below the sign or structure, including, for example, the ground, or a road or path on which an individual may travel, whether in a vehicle, while walking, or in any other way.
26Erecting scaffoldingErection of scaffolding.27Installation of manufacturing equipmentInstallation of manufacturing equipment or equipment for hoisting, conveying or transporting materials or products, including luggage, mail or primary produce, but not including the installation of fixed structures providing shelter for the equipment.28Construction work in miningConstruction work in mining.29Work for curtains, blinds and internal window shuttersHanging of curtains or installing, maintaining or repairing blinds or internal window shutters, other than fire shutters.30Laying carpets, floating floors or vinyl(1)Laying of carpets, floating floors or vinyl.(2)In this section—floating floor means a floor that covers a subfloor but is not fixed to the subfloor.31Work for monuments, fountains and other works of artWork consisting of monumental masonry, sculpture, or the erection or construction of statues, fountains or other works of art, other than work affecting the structure of a building.32Earthmoving and excavatingWork consisting of earthmoving and excavating.33Particular work performed personally by owners of land(1)Work, other than work within the scope of work of an occupational licence, performed personally by the owner of the land on which the work is performed if—(a)the value of the work is not more than $11,000; or(b)under the Building Act 1975, chapter 2, the work is, for the Planning Act 2016, accepted development.
(2)Work within the scope of work of a fire protection licence performed personally by the owner of the land on which the work is performed if the value of the work is less than $1,100.34Certification work by building certifiersCertification work performed by a building certifier under the Building Act 1975 in the certifier’s professional practice.35Particular work performed by registered valuersServices performed by a registered valuer under the Valuers Registration Act 1992 in the valuer’s professional practice.36Laying asphalt or bitumenLaying of asphalt or bitumen.37Work done under the Work Health and Safety RegulationWork done under the Work Health and Safety Regulation 2011, chapter 8, part 8.3.38Work for assessment of insurance claimsAn inspection, investigation or report for assessment of an insurance claim.39Work performed by locksmithsWork of the type usually performed by a locksmith, whether performed by a locksmith or another person.40Preparing or installing insulationWork consisting of the preparation for, or installation of, insulation for acoustic or thermal control.41Interior design(1)Preparation of plans or specifications for building work for the interior design of a building if the work does not relate to a part of the building that is loadbearing or a structural member.(2)Contract administration for the interior design of a building.42Assessment of energy efficiency of buildingsAssessment of the energy efficiency of a building.43Inspecting or testing emergency lighting systemsWork, performed by a person who holds an electrical mechanic licence, that is inspecting or testing emergency lighting systems.44Work relating to fire safety performed by professional engineersWork, within the scope of work of a licence prescribed under schedule 2, part 33, section 2(1), performed by an engineer who may carry out professional engineering services under the Professional Engineers Act 2002 for alternative solutions relating to fire safety.45Installation of insect screensWork consisting of installation of insect screens, other than—(a)screens used for security; and(b)screens used for a particular material or system designed for the prevention of termite infestation.
46Line markingWork consisting of line marking.47Work performed by fire safety advisersWork performed by a fire safety adviser under the Building Fire Safety Regulation 2008.48Pool safety inspections by pool safety inspectors(1)Performance of a pool safety inspection function by a pool safety inspector under the Building Act 1975, other than a pool safety inspection function mentioned in section 231C(b) of that Act.(2)In this section—pool safety inspection function see the Building Act 1975, section 231C.pool safety inspector see the Building Act 1975, schedule 2.49Work for strand wire fences(1)Construction, maintenance or repair of a strand wire fence with no concrete footing.(2)In this section—strand wire fence means a structure serving as an enclosure, barrier or boundary made of posts, pickets or stakes joined together by strands of wire.50Installation of solar hot water systems(1)Installation, repair or maintenance of a solar hot water system if—(a)a person, who is the holder of an unrestricted electrical contractor licence (the electrical contractor), undertakes to carry out the work for a consumer; and(b)the electrical contractor only carries out the part of the work that is electrical work under the Electrical Safety Act 2002; and(c)that part of the work that is not electrical work under the Electrical Safety Act 2002 (the non-electrical work) is carried out by a person who—(i)holds, under the Act, a contractor’s licence of the appropriate class for the non-electrical work; and(ii)is engaged by the electrical contractor to carry out the non-electrical work.
(2)However, this exclusion applies only for the purpose of section 42 of the Act.(3)In this section—solar hot water system includes any part of a water heating system designed to heat water using light or heat from the sun.51Installation of photovoltaic solar panels(1)Installation, repair or maintenance of a photovoltaic solar panel if the work is carried out by a person who is the holder of an unrestricted electrical contractor licence.(2)However, this exclusion applies only for the purpose of section 42 of the Act.52Laying wet pour rubber(1)Laying of wet pour rubber, including the laying of a blended mix of graded rubber particles and binder to provide a continuous surface.(2)However, this exclusion applies only for the purpose of section 42 of the Act.53Work for off-site manufacture of roof trusses or wall framesWork consisting of—(a)the design and off-site manufacture of a roof truss or wall frame; or(b)the preparation of—(i)plans or specifications for the off-site manufacture of a roof truss or wall frame; or(ii)plans, specifications or instructions for the installation of a roof truss or wall frame that is manufactured off-site.
Schedule 2Classes of licences and licence requirementssections 8 to 10 and 12 to 14Part 1Air handling duct installation licence1Licence classAir handling duct installation.2Scope of work(1)Install ductwork and enclosures for air conditioning, air handling and mechanical ventilation systems.(2)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 2Brick and segmental paving licence1Licence classBrick and segmental paving.2Scope of work(1)Lay segmental or unit paving, including surface preparation.(2)Concrete work for brick and segmental paving.(3)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 3Bricklaying and blocklaying licence1Licence classBricklaying and blocklaying.2Scope of work(1)Brick or block construction, including surface preparation.(2)Build straight masonry steps and stairs with or without landings.(3)Lay segmental or unit paving.(4)Lay glass blocks.(5)Construct battered masonry surfaces.(6)Install prefabricated window or door frames.(7)Concreting to simple forms, including installation of formwork, reinforcement and concrete.(8)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 4Builder—low rise licence1Licence classBuilder—low rise.2Scope of work(1)Building work on a class 1 or class 10 building.(2)Building work on classes 2 to 9 buildings with a gross floor area not more than 2,000m2, but not including Type A or Type B construction.(3)Building work that consists of non-structural work on a building, regardless of—(a)the class for the building; or(b)the gross floor area of the building.
(4)Prepare plans and specifications that are—(a)for the licensee’s personal use; or(b)for use in building work to be performed by the licensee personally.
(5)However, the scope of work does not include—(a)a completed building inspection for an interested party for the building; or(b)personally carrying out any building work for which—(i)a fire protection licence is required; or(ii)an occupational licence is required unless the licensee holds the occupational licence; or
(c)for building work mentioned in subsection (3)—directly or indirectly causing the work to be carried out or providing building work services for the work if—(i)a fire protection licence is required for the work; and(ii)the work is—(A)for Type A or Type B construction on classes 2 to 9 buildings; or(B)on classes 2 to 9 buildings with a gross floor area more than 2,000m2.
3Technical qualifications—contractor’s and nominee supervisor’s licencesThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Technical qualifications—site supervisor’s licenceThe technical qualifications stated in the technical qualifications document for the licence class applied for.5Experience requirementsThe experience requirements are the following—(a)for a person who has a technical qualification required under part 3 or 16—2 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;
(b)otherwise—4 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 5Builder—medium rise licence1Licence classBuilder—medium rise.2Scope of work(1)Building work on a class 1 or class 10 building.(2)Building work to a maximum of 3 storeys, but not including Type A construction on classes 4 to 9 buildings.(3)Building work that consists of non-structural work on a building, regardless of—(a)the class for the building; or(b)the gross floor area of the building.
(4)Prepare plans and specifications that are—(a)for the licensee’s personal use; or(b)for use in building work to be performed by the licensee personally.
(5)However, the scope of work does not include—(a)a completed building inspection for an interested party for the building; or(b)personally carrying out any building work for which—(i)a fire protection licence is required; or(ii)an occupational licence is required unless the licensee holds the occupational licence; or
(c)for building work mentioned in subsection (3)—directly or indirectly causing the work to be carried out or providing building work services for the work if—(i)a fire protection licence is required for the work; and(ii) the work is—(A)for Type A construction on classes 4 to 9 buildings; or(B)to more than 3 storeys.
3Technical qualifications—contractor’s and nominee supervisor’s licencesThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Technical qualifications—site supervisor’s licenceThe technical qualifications stated in the technical qualifications document for the licence class applied for.5Experience requirementsThe experience requirements are the following—(a)for a person who has a technical qualification required under part 3 or 16—2 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;
(b)otherwise—4 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 6Builder—open licence1Licence classes(1)Builder—open.(2)Builder—project management services.2Scope of work(1)For the licence class mentioned in section 1(1)—(a)building work on all classes of buildings; and(b)prepare plans and specifications that are—(i)for the licensee’s personal use; or(ii)for use in building work to be performed by the licensee personally.
(2)However, the scope of work does not include—(a)a completed building inspection for an interested party for the building; or(b)personally carrying out any building work for which—(i)a fire protection licence is required; or(ii)an occupational licence is required unless the licensee holds the occupational licence.
(3)For the licence class mentioned in section 1(2)—(a)provide any of the following services for a consumer or a principal, for all classes of building work—(i)administration services;(ii)advisory services;(iii)management services, other than coordinating the scheduling of building work by building contractors including as agent for another person; and
(b)perform the following functions of a superintendent under a building contract, if appointed as a superintendent under the contract—(i)administer the contract for a principal for the contract;(ii)certify timing, quality and cost matters under the contract.
(4)However, the scope of work does not include performing building work services under a construction management contract.(5)In this section—certify, for the definition superintendent, means to give advice or a report, including a certificate.superintendent, under a building contract, means a person who is not a party to the contract and is appointed under the contract to perform the following—(a)administer the contract for a principal for the contract;(b)certify timing, quality and cost matters under the contract.
3Technical qualifications—contractor’s and nominee supervisor’s licencesThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Technical qualifications—site supervisor’s licenceThe technical qualifications stated in the technical qualifications document for the licence class applied for.5Experience requirements(1)For the licence class mentioned in section 1(1), the experience requirements are the following—(a)for a person who has a technical qualification required under part 3 or 16—2 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;
(b)otherwise—4 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.
(2)For the licence class mentioned in section 1(2), the experience requirements are 4 years experience in—(a)the scope of work for the class; or(b)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 7Builder restricted to kitchen, bathroom and laundry installation licence1Licence classBuilder restricted to kitchen, bathroom and laundry installation.2Scope of work(1)Install, refurbish, restore and repair a kitchen, bathroom or laundry on-site in—(a)a class 1 or class 10 building; or(b)classes 2 to 9 buildings if the gross floor area of the kitchen, bathroom or laundry is not more than 50m2.
(2)Prepare plans and specifications that are—(a)for the licensee’s personal use; or(b)for use in building work to be performed by the licensee personally.
(3)However, the scope of work does not include—(a)building work that may affect the structural performance of the building; or(b)personally carrying out any building work for which—(i)a fire protection licence is required; or(ii)an occupational licence is required unless the licensee holds the occupational licence.
3Technical qualifications—contractor’s and nominee supervisor’s licencesThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Technical qualifications—site supervisor’s licenceThe technical qualifications stated in the technical qualifications document for the licence class applied for.5Experience requirementsThe experience requirements are the following—(a)for a person who has a technical qualification required under part 3, 15, 16, 18, 34, 37, 39, 40, 43 to 46, 50, 54, 58 or 59—2 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;
(b)otherwise—4 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 8Builder restricted to shopfitting licence1Licence classBuilder restricted to shopfitting.2Scope of work(1)Building work associated with the internal fitout of a shop or office, including shopfronts but not including Type A or Type B construction.(2)Prepare plans and specifications that are—(a)for the licensee’s personal use; or(b)for use in building work to be performed by the licensee personally.
(3)However, the scope of work does not include personally carrying out any building work for which—(a)a fire protection licence is required; or(b)an occupational licence is required unless the licensee holds the occupational licence.
3Technical qualifications—contractor’s and nominee supervisor’s licencesThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Technical qualifications—site supervisor’s licenceThe technical qualifications stated in the technical qualifications document for the licence class applied for.5Experience requirementsThe experience requirements are the following—(a)for a person who has a technical qualification required under part 3, 15, 16, 18, 34, 37, 39, 40, 43 to 46, 50, 54, 58 or 59—2 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;
(b)otherwise—4 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 9Builder restricted to special structures licence1Licence classes(1)Builder restricted to special structures (shade sails).(2)Builder restricted to special structures (signs).2Scope of work(1)For the licence class mentioned in section 1(1)—(a)construction, installation, maintenance or repair of membrane shade structures, including metal brackets, cables and structural members for the structures; and(b)concreting work for footings for the structures; and(c)prepare plans and specifications for membrane shade structures that are—(i)for the licensee’s personal use; or(ii)for use in building work to be performed by the licensee personally.
(2)For the licence class mentioned in section 1(2)—(a)construction, installation, maintenance or repair of signs and supporting structures for signs; and(b)concreting work for footings for supporting structures for signs; and(c)prepare plans and specifications for signs and supporting structures for signs that are—(i)for the licensee’s personal use; or(ii)for use in building work to be performed by the licensee personally.
(3)For both licence classes mentioned in section 1, incidental work of another class.(4)However, the scope of work for the licence classes does not include personally carrying out any building work for which—(a)a fire protection licence is required; or(b)an occupational licence is required unless the licensee holds the occupational licence.
3Technical qualifications—contractor’s and nominee supervisor’s licencesThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Technical qualifications—site supervisor’s licenceThe technical qualifications stated in the technical qualifications document for the licence class applied for.5Experience requirementsThe experience requirements are the following—(a)for a person who has a technical qualification required under part 3, 15, 16, 18, 34, 37, 39, 40, 43 to 46, 50, 54, 58 or 59—2 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;
(b)otherwise—4 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 10Builder restricted to structural landscaping licence1Licence classBuilder restricted to structural landscaping.2Scope of work(1)Prepare, fabricate and erect carports, decking, fences, gates, gazebos, ornamental structures, pergolas, ponds and water features, prefabricated sheds, including associated concrete slabs, with a floor area of not more than 10m2, and retaining walls and structures.(2)Construct artificial landform structures requiring a fabricated internal structure.(3)Prepare site, excavate, lay paving or concrete associated with landscaping.(4)Install irrigation for landscaping works.(5)Install, erect and construct playground equipment.(6)Prepare plans and specifications that are—(a)for the licensee’s personal use; or(b)for use in building work to be performed by the licensee personally.
(7)However, the scope of work does not include personally carrying out any building work for which—(a)a fire protection licence is required; or(b)an occupational licence is required unless the licensee holds the occupational licence.
3Technical qualifications—contractor’s and nominee supervisor’s licencesThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Technical qualifications—site supervisor’s licenceThe technical qualifications stated in the technical qualifications document for the licence class applied for.5Experience requirementsThe experience requirements are the following—(a)for a person who has a technical qualification required under part 3, 15, 16, 18, 34, 37, 39, 40, 43 to 46, 50, 54, 58 or 59—2 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;
(b)otherwise—4 years experience in—(i)the scope of work for the class; or(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 11Building design—low rise licence1Licence classBuilding design—low rise.2Scope of work(1)Prepare plans and specifications for class 1 and class 10 buildings.(2)Prepare plans and specifications for classes 2 to 9 buildings with a gross floor area of not more that 2,000m2, but not including Type A and Type B construction.(3)Contract administration in relation to building work designed by the licensee.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 12Building design—medium rise licence1Licence classBuilding design—medium rise.2Scope of work(1)Prepare plans and specifications for buildings to a maximum of 3 storeys above a storey used for the parking of vehicles, but not including Type A construction other than class 2, 3 or 9 buildings.(2)Contract administration in relation to building work designed by the licensee.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 13Building design—open licence1Licence classBuilding design—open.2Scope of work(1)Prepare plans and specifications for buildings of any height or floor area.(2)Contract administration in relation to building work designed by the licensee.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 14Completed residential building inspection licence1Licence classCompleted residential building inspection.2Scope of workA completed building inspection, including an inspection and preparation of a report in accordance with Australian Standard 4349.1-2007 ‘Inspection of buildings-Pre-purchase inspections-Residential buildings’.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Experience requirementsFive years experience—(a)in the scope of work for any of the following licence classes—(i)builder—low rise;(ii)builder—medium rise;(iii)builder—open; or
(b)as a building surveyor, assistant building surveyor or building surveyor technician.
5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 15Cabinetmaking licence1Licence classCabinetmaking.2Scope of work(1)Install, refurbish, restore or repair kitchen, bathroom, laundry and other fitted cabinets and fitments on-site.(2)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 16Carpentry licence1Licence classCarpentry.2Scope of work(1)Construct and erect timber and steel wall framing and roof structures.(2)Construct and erect non-loadbearing internal partition walls.(3)Install windows and doors including framing.(4)Erect ceiling and subfloor framing.(5)Install timber and sheet flooring.(6)Install exterior cladding, fascias and soffits.(7)Install metal roofing.(8)Construct timber stairs.(9)Fix internal linings, panelling and mouldings.(10)Install door and window locks and furniture.(11)Restore and renovate doors, windows and frames.(12)Install fitments.(13)Concreting to simple forms, including install formwork, reinforcement and concrete.(14)Erect and strip formwork, including slip form and jump form formwork.(15)Incidental work of another class.(16)In this section—door includes a fire door or fire shutter.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 17Concreting licence1Licence classConcreting.2Scope of work(1)Concreting including install formwork, reinforcement and concrete.(2)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 18Plumbing and drainage licence1Licence classPlumbing and drainage.2Scope of work(1)Installing, commissioning, maintaining and testing plumbing and drainage services in all classes of buildings and premises, including, but not limited to, the following—(a)compressed air, heating, steam, vacuum or ventilation systems;(b)irrigation;(c)metal fascias and gutters;(d)on-site domestic waste water management systems;(e)roof and wall cladding;(f)skylights;(g)fire hydrants, with or without pumps;(h)fire hose reels, with or without pumps.
(2)Prepare plans and specifications for plumbing and drainage work that are—(a)for the licensee’s personal use; or(b)for use in plumbing and drainage work to be performed by the licensee personally.
(3)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 19Drainage licence1Licence classDrainage.2Scope of work(1)Installing, commissioning, maintaining and testing above and below ground waste water, stormwater and sanitary drainage systems, including on-site domestic waste water management systems.(2)Prepare plans and specifications for drainage work that are—(a)for the licensee’s personal use; or(b)for use in drainage work to be performed by the licensee personally.
(3)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 20Drainage—on-site sewerage facility licence1Licence class(1)Maintenance.(2)Maintenance and installation.2Scope of work(1)For the licence class mentioned in section 1(1), building work within the scope of work mentioned in the Plumbing and Drainage Regulation 2003, schedule 2, item 8, column 4, paragraph (a) for a drainer—on-site sewerage facility licence.(2)For the licence class mentioned in section 1(2), building work within the scope of work mentioned in the Plumbing and Drainage Regulation 2003, schedule 2, item 8, column 4, paragraph (b) for a drainer—on-site sewerage facility licence.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 316Definition for partIn this part—drainer—on-site sewerage facility licence means the restricted licence of that name issued under the Plumbing and Drainage Act 2002, section 34.Part 21Irrigation licence1Licence classIrrigation.2Scope of work(1)Assess, select and install irrigation equipment for various landscaping situations, including, for example, overhead, mini-sprinkle, dripper and pop-up sprinklers, irrigation systems, filters, timers, injectors, pressure pumps and pipe installations.(2)Installing and commissioning solar heating systems for swimming pools.(3)Incidental work of another class.(4)However, the scope of work does not include personally carrying out any building work for which an occupational licence is required, unless the licensee holds an occupational licence.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 22Passive fire protection—fire doors and shutters licences1Licence classes(1)Certify.(2)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1)—(a)certify, inspect and test fire doors and shutters; and(b)if the licensee held a licence in the class of ‘fire equipment—passive (fire doors and fire shutters)’ on 31 December 2008—install and maintain fire doors and shutters.
(2)For the licence class mentioned in section 1(2)—(a)inspect fire doors and shutters; and(b)test fire doors and shutters; and(c)if the licensee held a licence in the class of ‘fire equipment—passive (fire doors and fire shutters) restricted to carrying out certain work’ on 31 December 2008—install and maintain fire doors and shutters.
3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 to the scope of work for the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 23Passive fire protection—fire collars, penetrations and joint sealing licence1Licence classCertify, install and maintain.2Scope of workCertify, install and maintain, inspect and test fire collars, fire-rated penetrations and fire-rated joint sealing.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 24Passive fire protection—fire and smoke walls and ceilings licence1Licence classCertify.2Scope of workCertify, inspect and test fire walls, smoke walls, or fire-rated ceiling systems requiring a fire-resistant level under the Building Code of Australia.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 25Special hazard suppression systems licences1Licence classes(1)Certify—restricted to gaseous, water mist and reticulated foam proportioning systems.(2)Certify—restricted to chemical and foam special hazard systems.(3)Install and maintain.(4)Maintain—restricted to gaseous, water mist and reticulated foam proportioning systems.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test gaseous, water mist and reticulated foam proportioning systems.(2)For the licence class mentioned in section 1(2), certify, inspect and test chemical and foam stored pressure systems.(3)For the licence class mentioned in section 1(3), install and maintain gaseous, water mist and reticulated foam proportioning systems and chemical and foam stored pressure systems.(4)For the licence class mentioned in section 1(4), maintain gaseous, water mist and reticulated foam proportioning systems.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 26Sprinkler and suppression systems (reticulated water-based) licences1Licence classes(1)Certify.(2)Certify—restricted to commercial or industrial type.(3)Certify—restricted to domestic or residential types.(4)Install and maintain.(5)Install and maintain—restricted to commercial or industrial type.(6)Install and maintain—restricted to domestic or residential type.(7)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test—(a)reticulated water-based fire suppression systems or fire sprinkler systems of a commercial or industrial type designed under AS 2118.1; and(b)reticulated water-based fire suppression systems or fire sprinkler systems of a domestic type designed under AS 2118.5 or of a residential type designed under AS 2118.4, to a maximum height of 4 storeys.
(2)For the licence class mentioned in section 1(2), certify, inspect and test reticulated water-based fire suppression systems or fire sprinklers of a commercial or industrial type designed under AS 2118.1.(3)For the licence class mentioned in section 1(3), certify, inspect and test reticulated water-based fire suppression systems or fire sprinklers of a domestic type designed under AS 2118.5 or of a residential type designed under AS 2118.4, to a maximum height of 4 storeys.(4)For the licence class mentioned in section 1(4), install and maintain—(a)reticulated water-based fire suppression systems or fire sprinkler systems of a commercial or industrial type designed under AS 2118.1; and(b)reticulated water-based fire suppression systems or fire sprinkler systems of a domestic type designed under AS 2118.5 or of a residential type designed under AS 2118.4, to a maximum height of 4 storeys.
(5)For the licence class mentioned in section 1(5), install and maintain reticulated water-based fire suppression systems or fire sprinkler systems of a commercial or industrial type designed under AS 2118.1.(6)For the licence class mentioned in section 1(6), install and maintain reticulated water-based fire suppression systems or fire sprinkler systems of a domestic type designed under AS 2118.5 or of a residential type designed under AS 2118.4, to a maximum height of 4 storeys.(7)For the licence class mentioned in section 1(7), inspect and test—(a)reticulated water-based fire suppression systems or fire sprinkler systems of a commercial or industrial type designed under AS 2118.1; and(b)reticulated water-based fire suppression systems or fire sprinkler systems of a domestic type designed under AS 2118.5 or of a residential type designed under AS 2118.4, to a maximum height of 4 storeys.
3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 27Fire pump licences1Licence classes(1)Certify.(2)Install and maintain.(3)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test fire pumps.(2)For the licence class mentioned in section 1(2), install and maintain fire pumps.(3)For the licence class mentioned in section 1(3), inspect and test fire pumps.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 28Fire hydrants and hose reels licences1Licence classes(1)Certify.(2)Install and maintain.(3)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test fire hydrants and hose reels.(2)For the licence class mentioned in section 1(2), install and maintain fire hydrants and hose reels.(3)For the licence class mentioned in section 1(3), inspect and test fire hydrants and hose reels.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 29Portable fire equipment and hose reels (hose reels down stream of stop cock only) licences1Licence classes(1)Certify.(2)Install and maintain.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only), including non-pumped presence of water tests.(2)For the licence class mentioned in section 1(2), install and maintain portable fire equipment and hose reels (hose reels down stream of stop cock only), including non-pumped presence of water tests.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 30Fire detection, alarm and warning systems licences1Licence classes(1)Certify.(2)Install and maintain—extra low voltage.(3)Maintain—extra low voltage.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test fire detection, alarm and warning systems, including inputs to, and outputs and controls from, fire alarm systems, fire ventilation controls, and suppression system monitoring and controls.(2)For the licence class mentioned in section 1(2), install and maintain fire detection, alarm and warning systems, including inputs to, and outputs and controls from, fire alarm systems, fire ventilation controls, and suppression system monitoring and controls but limited to systems and controls with extra low voltage.(3)For the licence class mentioned in section 1(3), maintain fire detection, alarm and warning systems, including inputs to, and outputs and controls from fire, alarm systems, fire ventilation controls, and suppression system monitoring and controls but limited to systems and controls with extra low voltage.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 31Emergency lighting licences1Licence classes(1)Certify.(2)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test emergency lighting systems to—(a)provide a level of illumination for safe evacuation in a fire emergency; and(b)provide identification of exits and paths of travel to an exit; and(c)safeguard occupants by making them aware of a fire emergency.
(2)For the licence class mentioned in section 1(2), inspect and test emergency lighting systems to—(a)provide a level of illumination for safe evacuation in a fire emergency; and(b)provide identification of exits and paths of travel to an exit; and(c)safeguard occupants by making them aware of a fire emergency.
3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 32Emergency procedures licence1Licence classEmergency procedures.2Scope of workDevelop and approve emergency evacuation procedures for the controlled evacuation of buildings, structures and workplaces during a fire emergency.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the work for the class.
6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 33Fire safety professional licence1Licence classFire safety professional.2Scope of work(1)The formulation and provision of alternative solutions relating to fire safety.(2)The inspection of, or reporting on, buildings, including existing, temporary or special structures, against fire performance legislation, including, for example, the Building Act 1975, and the Building Code of Australia.(3)Certify, inspect and test a fire protection system.(4)However the scope of work does not include professional engineering services under the Professional Engineers Act 2002.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the work for the class.
5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 34Floor finishing and covering (hard sector) licence1Licence classFloor finishing and covering (hard sector).2Scope of work(1)Prepare, sand, and apply coatings to, timber floors.(2)Install and repair cork flooring, including prepare, sand, and apply coating systems.(3)Install and repair mosaic and block parquetry flooring, including prepare, sand, and apply coating systems.(4)Install pre-finished manufactured and engineered timber flooring.(5)Install and repair non-structural strip timber flooring, including prepare, sand, and apply coating systems.(6)Prepare, apply and finish epoxy and seamless floor coverings.(7)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 35Foundation work (piling and anchors) licence1Licence classFoundation work—piling and anchors.2Scope of work(1)Excavate and install support.(2)Construct underpinning.(3)Concreting for foundation work, including install formwork, reinforcement and concrete.(4)Install piling, including driven piles, cast-in piles, groutcrete piles, compressed piles, bored cast-in-place piles and screw piles.(5)Dewater site, including sump and permanent dewatering systems.(6)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 36Gasfitting licence1Licence classGasfitting.2Scope of work(1)Installing, commissioning, maintaining, testing, altering, repairing and servicing a gas system in any building.(2)Incidental work of another class.(3)However, the scope of work does not include—(a)for a gasfitter who holds only a gas work authorisation—(i)gas work that can be carried out only by a gasfitter who holds a gas work licence; or(ii)gas work the gasfitter must not carry out under a condition or limitation imposed under the Petroleum and Gas (Production and Safety) Act 2004 on the gas work authorisation; or
(b)for a gasfitter who holds only a gas work licence—(i)gas work that can be carried out only by a gasfitter who holds a gas work authorisation; or(ii)gas work the gasfitter must not carry out under a condition or limitation imposed under the Petroleum and Gas (Production and Safety) Act 2004 on the gas work licence.
3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 316Definitions for partIn this part—gas system see the Petroleum and Gas (Production and Safety) Act 2004, schedule 2.gas work see the Petroleum and Gas (Production and Safety) Act 2004, section 725.gas work authorisation means a gas work authorisation under the Petroleum and Gas (Production and Safety) Act 2004.gas work licence means a gas work licence under the Petroleum and Gas (Production and Safety) Act 2004.Part 37Glass, glazing and aluminium licence1Licence classGlass, glazing and aluminium.2Scope of work(1)Glaze and reglaze buildings.(2)Fabricate and install windows and doors in buildings.(3)Fabricate and install shower screens and metal framed sliding wardrobe doors whether mirrored or otherwise.(4)Fabricate and install security screens and doors.(5)Fabricate, install and reglaze commercial glazing including shopfronts, windows, doors, toughened glass assemblies, aluminium glazing systems, curtain walling systems, balustrading and watertight glazing.(6)Fabricate and install fixed mirrors.(7)Fabricate, install and reglaze architectural engineered glazing, including suspended and overhead glazing and structural balustrading.(8)Construct and repair leadlight panels.(9)Apply film patterns and designs to glass.(10)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 38Hydraulic services design licences1Licence classes(1)Hydraulic services design.(2)Hydraulic services design excluding design of on-site domestic waste water management.2Scope of work(1)For the licence class mentioned in section 1(1), prepare plans, specifications and documents associated with the following building services—(a)sanitary drainage, soil waste and venting;(b)trade waste drainage, plumbing and venting;(c)cold and hot water;(d)rainwater and stormwater drainage;(e)gas services;(f)fire hydrant and hose reel services, with or without pumps;(g)commercial, residential and domestic fire sprinklers, deluge and wall wetting sprinklers (drenchers);(h)on-site domestic waste water management.
(2)For the licence class mentioned in section 1(2), prepare plans, specifications and documents associated with the building services mentioned in subsection (1)(a) to (g).3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Experience requirementsTwo years experience, that may include experience gained during an apprenticeship or other training, 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 the class.
5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 39Joinery licence1Licence classJoinery.2Scope of work(1)Install subfloor framing, including bearers and joists.(2)Construct and erect wall framing including install internal linings, assemble partition frames and install curtain walling.(3)Manufacture, assemble and fit components for door and window frames, doors and sashes, and for stairs.(4)Manufacture, assemble and install joinery unit components.(5)Prepare surfaces and apply paint and other finishes for joinery.(6)Cut and install glass for joinery.(7)Use aluminium, including fabricate, assemble, construct framework and manufacture aluminium grills and louvres.(8)Incidental work of another class.(9)In this section—door includes a fire door or a fire shutter.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 40Structural metal fabrication and erection licence1Licence classStructural metal fabrication and erection.2Scope of work(1)Prepare, fabricate and erect structural and non-structural metal components.(2)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 41Non-structural metal fabrication and installation licence1Licence classNon-structural metal fabrication and installation.2Scope of workPrepare, fabricate and erect non-structural metal components.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 42Metal fascias and gutters licence1Licence classMetal fascias and gutters.2Scope of work(1)Fabricate and install rainwater goods including, and associated with, metal fascias and gutters.(2)Fabricate and install external flashings and associated soffits, fascias and gutters.(3)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 43Roof and wall cladding licence1Licence classRoof and wall cladding.2Scope of work(1)Select and install roof cladding other than terracotta and concrete roof tiles.(2)Fabricate and install rainwater goods.(3)Flash penetrations through roofs and walls, including, for example, install skylights and ventilators.(4)Design, fabricate and install external flashings, metal ceilings, associated soffits and fascias.(5)Erect fixed or operating box type louvre units.(6)Disconnect and reconnect air distribution equipment throughout roof or wall cladding.(7)Design roof drainage components.(8)Design penetrations associated with mechanical services, including large penetration water management.(9)Refurbish and maintain roofs, excluding painting roofs.(10)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 44Painting and decorating licence1Licence class(1)Painting and decorating.(2)Painting and decorating, excluding applying cement render.2Scope of work(1)For the licence class mentioned in section 1(1)—(a)apply paint or other substance for protective, decorative or technical purposes, including colour matching; and(b)apply texture coatings; and(c)apply wallpaper; and(d)prepare surfaces for application of paint or other protective, decorative or technical materials; and(e)apply cement render to no more than 8mm thickness; and(f)incidental work of another class.
(2)For the licence class mentioned in section 1(2), the scope of work mentioned in subsection (1)(a) to (d) and (f).3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 45Plastering drywall licence1Licence classPlastering drywall.2Scope of work(1)Construct and install non-loadbearing partition wall frames and ceiling frames, including fix plasterboard, plasterglass and fibre cement sheets and cornices and finishing joints.(2)Construct and install non-loadbearing fire-rated walls and ceilings, autoclaved aerated masonry wall and ceiling systems.(3)Install suspended ceiling systems.(4)Install cast plaster blockwork.(5)Apply or install waterproofing and damp-proofing for plastering drywall.(6)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 46Plastering solid licence1Licence class(1)Plastering solid.(2)Plastering solid, excluding applying paint for decorative, protective or technical purposes.2Scope of work(1)For the licence class mentioned in section 1(1)—(a)concrete work for solid plastering, including installing formwork, reinforcement and concrete; and(b)fix steel for solid plastering; and(c)cut with oxyacetylene for solid plastering; and(d)apply float and set coats for hard plaster-flat surfaces; and(e)apply solid render; and(f)apply trowelled texture-coat finishes; and(g)install pre-cast decorative mouldings; and(h)install cast plaster blockwork; and(i)construct plaster mouldings; and(j)conite construction; and(k)apply paint for decorative, protective or technical purposes; and(l)incidental work of another class.
(2)For the licence class mentioned in section 1(2), the scope of work mentioned in subsection (1)(a) to (j) and (l).3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 47Refrigeration, air conditioning and mechanical services including unlimited design licence1Licence classRefrigeration, air conditioning and mechanical services including unlimited design.2Scope of work(1)Installing, commissioning, servicing or repairing refrigeration, air conditioning, mechanical ventilation and air handling systems for a building.(2)Design and prepare plans and specifications for refrigeration, air conditioning, mechanical ventilation and air handling systems for a building that are—(a)for the licensee’s personal use; or(b)for use in building work to be performed by the licensee personally.
3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 48Refrigeration, air conditioning and mechanical services including limited design licence1Licence classRefrigeration, air conditioning and mechanical services including limited design.2Scope of work(1)Installing, commissioning, servicing or repairing refrigeration, air conditioning, mechanical ventilation and air handling systems for a building.(2)Design and prepare plans and specifications for—(a)refrigeration systems for a building; or(b)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 2,000m2; and(iii)for which the plant capacity for any 1 system for the building is not more than 34kW.
(3)However, the scope of work mentioned in subsection (2) 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; or(ii)for use in building work to be performed by the licensee personally.
3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 49Sheds, carports and garages licence1Licence classSheds, carports and garages.2Scope of work(1)The following building work for sheds, carports and garages that are class 10a buildings with a floor area of not more than 100m2—(a)prepare, fabricate and erect metal components;(b)prepare site for, and install, concrete floor slab.
(2)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 50Shopfitting (trade) licence1Licence classShopfitting (trade).2Scope of work(1)The following for shopfitting—(a)set out, fabricate and assemble cabinets, showcases, wall units, counters and work stations;(b)set out, fabricate and assemble shopfronts, commercial entries, bulkheads and component fittings;(c)install subfloor framing, including bearers, joists and ladder frames;(d)construct and erect wall and ceiling framing including install internal linings, assemble partition frames and install curtain walling;(e)manufacture, assemble and fit components for door and window frames, doors and sashes;(f)manufacture, assemble and install stairs;(g)manufacture, assemble and install joinery unit components;(h)apply paint and other finishes, including prepare surfaces;(i)cut and install glass;(j)aluminium work, including fabricate, assemble or construct framework and manufacture aluminium grills and louvres.
(2)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 51Site classifier licences1Licence classes(1)Site classifier.(2)Site classifier excluding on-site domestic waste water management.2Scope of work(1)For the licence class mentioned in section 1(1)—(a)site survey, including use dumpy and laser levelling equipment; and(b)sample, test and assess materials on building sites, including moisture testing, particle distribution testing, and field strength testing; and(c)classify building sites through the interpretation of site and laboratory data; and(d)prepare plans, specifications and documents for on-site domestic waste water management.
(2)For the licence class mentioned in section 1(2), the work mentioned in subsection (1)(a) to (c).3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 52Steel fixing licence1Licence classSteel fixing.2Scope of work(1)Place reinforcement steel in footing trenches, for on-ground slabs, and on formwork in preparation for the placement of concrete.(2)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 53Stonemasonry licence1Licence classStonemasonry.2Scope of work(1)Work with stone, including, for example, finish, lay, machine, renovate and shape.(2)Construct with stone, including, for example, arches, fireplaces, stairs and walls.(3)Concrete work for stonemasonry.(4)Lay segmental or unit paving for stonemasonry.(5)Set out and anchor facades.(6)Apply or install waterproofing and damp-proofing for stonemasonry.(7)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 54Structural landscaping (trade) licence1Licence classStructural landscaping (trade).2Scope of work(1)Prepare, fabricate and erect carports, decking, fences, gazebos, pergolas, retaining walls of a height that does not require an engineering certification under a local law, and ornamental structures.(2)Install prefabricated sheds, including associated concrete slabs, with a floor area of not more than 10m2.(3)Install surface and subsoil drainage systems for landscaping work.(4)Prepare site and lay paving or concrete, not intended to carry vehicular traffic, for landscaping.(5)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 55Swimming pool construction, installation and maintenance licence1Licence classes(1)Swimming pool construction, installation and maintenance (construction).(2)Swimming pool construction, installation and maintenance (installation).(3)Swimming pool construction, installation and maintenance (maintenance and accessories).2Scope of work(1)For the licence class mentioned in section 1(1), the following—(a)earthworks and drainage for the construction of concrete swimming pools and spas;(b)place and fix reinforcement for the construction of concrete swimming pools and spas;(c)construct formwork for concrete swimming pools and spas;(d)place and finish concrete or other materials to provide a shape or form for concrete swimming pools and spas;(e)ancillary pipework including general filtration, sanitation, water chemistry, solar heating and basic hydraulics for concrete swimming pools and spas;(f)landscaping works associated with the construction of concrete swimming pools and spas, including pool fencing and paving;(g)ceramic tiling, painting, coping and internal finishes associated with the construction of concrete swimming pools and spas;(h)prepare plans and specifications for concrete swimming pools and spas that are—(i)for the licensee’s personal use; or(ii)for use in building work to be performed by the licensee personally;
(i)maintenance and general repair of concrete swimming pools and spas;(j)install pool accessories, including, for example, pool heating systems;(k)incidental work of another class.
(2)For the licence class mentioned in section 1(2), the following—(a)earthworks and drainage for the installation of prefabricated and fibreglass swimming pools and spas;(b)install prefabricated and fibreglass swimming pools and spas;(c)ancillary pipework for prefabricated and fibreglass swimming pools and spas, including general filtration, sanitation, water chemistry, solar heating and basic hydraulics;(d)place and finish bedding sand or other suitable materials for prefabricated and fibreglass swimming pools and spas, including packing, filling and levelling;(e)place and fix formwork, reinforcement and concrete for the installation of prefabricated and fibreglass swimming pools and spas;(f)landscaping works associated with the installation of prefabricated and fibreglass swimming pools and spas, including pool fencing and paving;(g)install coping and tiling associated with the installation of prefabricated and fibreglass swimming pools and spas;(h)prepare plans and specifications for prefabricated and fibreglass swimming pools and spas that are—(i)for the licensee’s personal use; or(ii)for use in building work to be performed by the licensee personally;
(i)maintenance and general repair of prefabricated and fibreglass swimming pools and spas;(j)install pool accessories, including, for example, pool heating systems;(k)incidental work of another class.
(3)For the licence class mentioned in section 1(3), the following—(a)non-structural maintenance and general repair of swimming pools and spas;(b)install pool accessories, including, for example, pool heating systems;(c)landscaping works associated with the maintenance and general repair of swimming pools and spas, including pool fencing and paving;(d)incidental work of another class.
(4)However, the scope of work for the licence class mentioned in section 1(1), (2) or (3) does not include—(a)construction, installation, maintenance or repair of membrane shade structures; or(b)personally carrying out any building work for which—(i)a fire protection licence is required unless the licensee holds a fire protection licence; or(ii)an occupational licence is required unless the licensee holds the occupational licence.
(5)In this section—fibreglass includes fibre reinforced plastic.maintenance and general repair includes the removal, replacement or addition of accessories or equipment.prefabricated pools includes above-ground pools.3Technical qualifications—contractor’s and nominee supervisor’s licencesThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Technical qualifications—site supervisor’s licenceThe technical qualifications stated in the technical qualifications document for the licence class applied for.5Managerial qualificationsAn approved managerial qualification.6Financial requirementsThe relevant minimum financial requirements.s 6 amd 2018 SL No. 218 s 31Part 56Termite management—chemical licence1Licence classTermite management—chemical.2Scope of work(1)Pre-slab and perimeter chemical treatment of new building work for termite management.(2)Inspect or investigate a completed building, and give advice or a report, about the following—(a)termite management systems for the building;(b)termite infestation in the building.
3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 57Termite management—physical licence1Licence classTermite management—physical.2Scope of work(1)Install a particular material or system designed for the prevention of termite infestation in accordance with the manufacturer’s specification or any other applicable standard.(2)Inspect or investigate a completed building and give advice or a report about the use of the particular material or system for the building.(3)In this section—particular material or system means the material or system stated in a condition on the licensee’s licence under section 35 of the Act.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 58Roof tiling licence1Licence classRoof tiling.2Scope of work(1)Cut and fix roof tiles, including tiles of concrete, clay, metal or similar material, shingles and shakes, to roof and fascia structures.(2)Set out and fix battens.(3)Bedding, pointing and installing of associated flashing.(4)Install safety mesh, sarking and antiponding boards.(5)Install firewall insulation and metal straps to battens.(6)Install skylights.(7)Refurbish and maintain roofs, excluding painting roofs.(8)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 59Wall and floor tiling licence1Licence classWall and floor tiling.2Scope of work(1)Cut and fix tiles, including ceramic, glass, marble, slate, stone and terracotta tiles, to fireplaces, floors, hearths, spas, swimming pools and walls.(2)Construct terrazzo floors, steps, risers and stringers.(3)Apply waterproofing for wall and floor tiling.(4)Incidental work of another class.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Part 60Waterproofing licence1Licence classWaterproofing.2Scope of workApply, install and repair waterproofing, including surface preparation and apply or install material or systems for preventing moisture penetration.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.4Managerial qualificationsAn approved managerial qualification.5Financial requirementsThe relevant minimum financial requirements.s 5 amd 2018 SL No. 218 s 31Schedule 3Classes and requirements of fire protection occupational licencessections 11 and 15Part 1Passive fire protection—fire doors and shutters occupational licences1Licence classes(1)Certify.(2)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test fire doors and shutters.(2)For the licence class mentioned in section 1(2)—(a)inspect fire doors and shutters; and(b)test fire doors and shutters.
3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 2Passive fire protection—fire collars, penetrations and joint sealing occupational licence1Licence classCertify, install and maintain.2Scope of workCertify, install and maintain, inspect and test, fire collars, fire-rated penetrations and fire-rated joint sealing.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 3Passive fire protection—fire and smoke walls and ceilings occupational licence1Licence classCertify.2Scope of workCertify, inspect and test fire walls, smoke walls, or fire-rated ceiling systems requiring a fire-resistant level under the Building Code of Australia.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 4Special hazard suppression systems occupational licences1Licence classes(1)Certify—restricted to gaseous, water mist and reticulated foam proportioning systems.(2)Certify—restricted to chemical and foam special hazard systems.(3)Install and maintain.(4)Maintain—restricted to gaseous, water mist and reticulated foam proportioning systems2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test gaseous, water mist and reticulated foam proportioning systems.(2)For the licence class mentioned in section 1(2), certify, inspect and test chemical and foam stored pressure systems.(3)For the licence class mentioned in section 1(3), install and maintain gaseous, water mist and reticulated foam proportioning systems and chemical and foam stored pressure systems.(4)For the licence class mentioned in section 1(4), maintain gaseous, water mist and reticulated foam proportioning systems.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 5Sprinkler and suppression systems (reticulated water-based) occupational licences1Licence classes(1)Certify.(2)Certify—restricted to commercial or industrial type.(3)Certify—restricted to domestic or residential types.(4)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test—(a)reticulated water-based fire suppression systems or fire sprinkler systems of a commercial or industrial type designed under AS 2118.1; and(b)reticulated water-based fire suppression systems or fire sprinkler systems of a domestic type designed under AS 2118.5 or of a residential type designed under AS 2118.4, to a maximum height of 4 storeys.
(2)For the licence class mentioned in section 1(2), certify, inspect and test reticulated water-based fire suppression systems or fire sprinklers of a commercial or industrial type designed under AS 2118.1.(3)For the licence class mentioned in section 1(3), certify, inspect and test reticulated water-based fire suppression systems or fire sprinklers of a domestic type designed under AS 2118.5 or of a residential type designed under AS 2118.4, to a maximum height of 4 storeys.(4)For the licence class mentioned in section 1(4), inspect and test—(a)reticulated water-based fire suppression systems or fire sprinkler systems of a commercial or industrial type designed under AS 2118.1; and(b)reticulated water-based fire suppression systems or fire sprinkler systems of a domestic type designed under AS 2118.5 or of a residential type designed under AS 2118.4, to a maximum height of 4 storeys.
3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 6Fire pumps occupational licences1Licence classes(1)Certify.(2)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test fire pumps.(2)For the licence class mentioned in section 1(2), inspect and test fire pumps.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 7Fire hydrants and hose reels occupational licences1Licence classes(1)Certify.(2)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test fire hydrants and hose reels.(2)For the licence class mentioned in section 1(2), inspect and test fire hydrants and hose reels.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 8Portable fire equipment and hose reels (hose reels down stream of stop cock only) occupational licences1Licence classes(1)Certify.(2)Install and maintain.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only), including non-pumped presence of water tests.(2)For the licence class mentioned in section 1(2), install and maintain portable fire equipment and hose reels (hose reels down stream of stop cock only), including non-pumped presence of water tests.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 9Fire detection, alarm and warning systems occupational licences1Licence classes(1)Certify.(2)Install and maintain—extra low voltage.(3)Maintain—extra low voltage.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test fire detection, alarm and warning systems, including inputs to, and outputs and controls from, fire alarm systems, fire ventilation controls, and suppression system monitoring and controls.(2)For the licence class mentioned in section 1(2), install and maintain fire detection, alarm and warning systems, including inputs to, and outputs and controls from, fire alarm systems, fire ventilation controls, and suppression system monitoring and controls, but limited to systems and controls with extra low voltage.(3)For the licence class mentioned in section 1(3), maintain fire detection, alarm and warning systems, including inputs to, and outputs and controls from, fire alarm systems, fire ventilation controls, and suppression system monitoring and controls, but limited to systems and controls with extra low voltage.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 10Emergency lighting occupational licences1Licence classes(1)Certify.(2)Inspect and test.2Scope of work(1)For the licence class mentioned in section 1(1), certify, inspect and test emergency lighting systems to provide a level of illumination for safe evacuation in a fire emergency, provide identification of exits and paths of travel to an exit, and to safeguard occupants by making them aware of the fire emergency.(2)For the licence class mentioned in section 1(2), inspect and test emergency lighting systems to provide a level of illumination for safe evacuation in a fire emergency, provide identification of exits and paths of travel to an exit, and to safeguard occupants by making them aware of the fire emergency.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 11Emergency procedures occupational licence1Licence classEmergency procedures.2Scope of workDevelop and approve emergency evacuation procedures for the controlled evacuation of buildings, structures and workplaces during a fire emergency.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Part 12Fire safety professional occupational licence1Licence classFire safety professional.2Scope of work(1)The formulation and provision of alternative solutions relating to fire safety.(2)The inspection of, or reporting on, buildings, including existing, temporary or special structures, against fire performance legislation, including, for example, the Building Act 1975, and the Building Code of Australia.(3)Certify, inspect and test a fire protection system.(4)However, the scope of work does not include professional engineering services under the Professional Engineers Act 2002.3Technical qualificationsThe technical qualifications stated in the technical qualifications document for the licence class applied for.Schedule 4Fire protection work by employeessection 18Column 1Fire protection workColumn 2Technical qualifications
1inspect and test commercial or industrial sprinkler and suppression systemsa licence under the Plumbing and Drainage Act 2002 in the class—
(a)plumber holding the endorsement of fire protection (commercial and industrial); or
(b)water plumber—fire protection (commercial and industrial)
2inspect and test domestic or residential sprinkler and suppression systemsa licence under the Plumbing and Drainage Act 2002 in the class water plumber—fire protection (domestic and residential)
a plumbers licence under the Plumbing and Drainage Act 2002 with an endorsement fire protection— domestic and residential
3inspect and test fire pumps, fire hydrants and hose reelsa licence under the Plumbing and Drainage Act 2002 in the class plumber or water plumber—fire protection (hydrants and hose reels)
4install and maintain a fire door or shuttera technical qualification mentioned in schedule 2, part 16, section 3
5install, maintain, inspect and test fire detection, alarm and warning systems extra low voltagean electrical mechanic licence
6inspect and test emergency lighting systemsan electrical mechanic licence
Schedule 5Demerit offencessections 23 and 24Column 1Column 2
Demerit offenceDemerit points
s 42B(1)10
s 42C(1)10
s 42D(1)10
s 43(1)8
s 43(2)8
s 43A(1)8
s 43A(2)8
s 43B(2)8
s 43B(3)8
s 43C(2)8
s 43C(3)8
s 50C(4)4
s 51A(1)10
s 51A(2)10
s 51B(2)8
s 53B(1)4
s 56(2) in the circumstances mentioned in paragraph (b) of the penalty8
s 67G(1)4
s 67G(2)4
s 67G(3)4
s 67I(4)4
s 67V(1)4
s 68B(2)4
s 68B(3)4
s 68C(2)4
s 72AA(1)4
s 72AA(2)4
s 73 first conviction4
s 73 second conviction8
s 73 each subsequent conviction10
s 105R(1)8
s 108A(2)4
s 108B(1)4
s 108C(1)4
s 108C(3)4
sch 1B, s 154
sch 1B, s 16(2)2
sch 1B, s 17(2)2
sch 1B, s 18(2)2
sch 1B, s 3010
sch 1B, s 31(2)4
sch 1B, s 31(5)2
sch 1B, s 33(1)4
sch 1B, s 34(1)2
sch 1B, s 40(2)2
sch 1B, s 40(5)2
sch 1B, s 41(1)2
sch 1B, s 42(2)2
sch 1B, s 42(3)2
sch 1B, s 43(2)4
sch 5 amd 2018 SL No. 177 s 22Schedule 6Terms of cover for statutory insurance schemesections 30 and 31Part 1Preliminary1Overview and application of schedule(1)Part 2 provides for the assistance a consumer for residential construction work is entitled to claim under the statutory insurance scheme if the work is incomplete.(2)Part 3 provides for the assistance a consumer for residential construction work is entitled to claim under the statutory insurance scheme if the work is defective.(3)However, the assistance provided under part 2 or 3 is subject to—(a)any limitations stated in the part, including limitations about the time for making a claim; and(b)the maximum amount of assistance the commission may pay for the work under part 4; and(c)the general provisions stated in part 5; and(d)the provisions about claims stated in part 6.
2DefinitionsIn this schedule—built work means a structure or part of a structure, or another thing, resulting from residential construction work.defective work see section 14.defined event means—(a)vandalism or forcible removal of built work; or(b)fire, storm or tempest.
ends, for a fixed price residential contract, see section 4.fire means a fire or explosion other than the following—(a)a fire or explosion with no flame;(b)a fire that has not escaped the normal confines of a cooking, heating or electrical appliance;(c)a fire or explosion caused by—(i)spontaneous fermentation or heating or a process involving the application of heat; or(ii)earthquake or subterranean fire; or(iii)riot, civil commotion, war, invasion, act of foreign enemy, a terrorist act, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection or military or usurped power; or(iv)arson, vandalism or forcible removal of built work or another unlawful act;
(d)an explosion that results in built work being damaged from exposure to water or another liquid, including, for example, petrol or oil but not including water from a pipe damaged by the explosion or water used to extinguish a fire.
fixed price residential contract see section 3.forcible removal, of built work—(a)means the removal by force of built work that is fixed by a person—(i)acting without the consent of the consumer for the residential construction work; and(ii)who is not the invitee of the consumer; but
(b)does not include the removal of the built work as a result of a terrorist act.
incomplete work provisions means—(a)section 7; or(b)section 9; or(c)section 10, to the extent it applies to a claim for a defined event that is vandalism or forcible removal of built work; or(d)section 15; or(e)section 20.
insolvent includes external administration, including, for example, liquidation, receivership or compromise entered into with creditors, under the Corporations Act or a similar law of a foreign jurisdiction.interest schedule lot entitlement see the Body Corporate and Community Management Act 1997, section 46.liability amount, for a consumer for residential construction work—(a)means the amount of the consumer’s remaining liability under—(i)if the contract for carrying out the work has ended—the contract immediately before the contract ended; or(ii)otherwise—the contract for carrying out the work; but
(b)does not include—(i)any amount for liquidated damages or damages for delay that the consumer may be entitled to set-off against the remaining liability; or(ii)an amount for which the licensed contractor who carried out the work has waived payment for valuable consideration, or is liable to the consumer in relation to the contract.
licensed contractor includes a building contractor who, at or before the time a contract for the carrying out of residential construction work is entered into, makes a representation mentioned in section 68H(1)(b) of the Act.lot see the Body Corporate and Community Management Act 1997, schedule 6.prime cost item, for a fixed price residential contract, means an item, including, for example, a fixture or fitting—(a)that has not been selected, or the price of which is not known, by the consumer or the licensed contractor when the contract is entered into; and(b)for which the contract provides for the licensed contractor to make a reasonable allowance for the cost of its supply and delivery.
provisional sum, for a fixed price residential contract, means an amount that is an estimate of the cost of providing particular services under the contract (including the cost of supplying materials needed for the work under the contract) if the licensed contractor, after making all reasonable inquiries, can not state a definite amount for the services when the contract is entered into.rectification work see section 15(1).reinstatement work see section 10(2).storm does not include the following—(a)heavy or persistent rain by itself;(b)water rising up from the ground, including from natural causes;(c)an increase in sea level, including a tsunami or other storm surge.
structural defect, for primary insurable work, means—(a)if the work is for a residence or related roofed building—(i)a defect in the work that causes or contributes to deflection or movement of the footing or slab of the residence or building so the residence or building no longer complies with the building assessment provisions under the Building Act 1975; or(ii)the work does not comply with a performance requirement under the Building Code of Australia, part B1 or part 2.1 for the residence or building; or(iii)a defect in the work that causes the residence or building to be uninhabitable or not reasonably accessible; or
(b)if the work is for a swimming pool—a defect in the work that allows water to escape through the shell of the swimming pool; or(c)if the work is on or for a residence, related roofed building or swimming pool—a defect in the work that adversely affects the health or safety of persons who occupy or use the residence, building or swimming pool; or(d)if the work is on or for a residence or related roofed building—a defect in the work that allows water penetration of the residence or building.
substantially complete, for residential construction work, means at least 1 of the following applies in relation to the work—(a)the final payment under the contract for the work is made;(b)if the residential construction work is for the erection or construction of a residence—the residence is occupied;(c)the built work is able to be used for its intended purpose despite the work not complying with the contract because of a cosmetic difference.
terrorist act see the Police Powers and Responsibilities Act 2000, section 211.vandalism, of built work—(a)means vandalism of the work by a person—(i)acting without the consent of the consumer for the residential construction work; and(ii)who is not the invitee of the consumer; but
(b)does not include vandalism of built work as a result of a terrorist act.
3Meaning of fixed price residential contract(1)A fixed price residential contract is a contract between a consumer and a licensed contractor for residential construction work for which the price is fixed except for the effect of the following—(a)prime cost items;(b)provisional sums;(c)increases to reflect increased costs of labour or materials or delays in carrying out the work.
(2)However, the following contracts are not included for subsection (1)—(a)a construction management contract;(b)a contract for the erection, construction, renovation, alteration, extension, improvement or repair of 3 or more living units.
4When fixed price residential contract ends(1)A fixed price residential contract ends if—(a)the contract is validly terminated on the default of the licensed contractor; or(b)the licensed contractor dies; or(c)the licensed contractor is a company and the company no longer exists; or(d)both of the following apply—(i)the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction;(ii)the licensed contractor’s licence is cancelled.
(2)In this section—validly terminated, for a fixed price residential contract, does not include mutual abandonment of the contract by the parties to the contract.Part 2Incomplete residential construction workDivision 1Assistance if work not started5Assistance if work not started(1)This section applies to a consumer for residential construction work if—(a)the work is to be carried out under a fixed price residential contract; and(b)the contract ends within 2 years after the day the contract is entered into; and(c)work under the contract has not started before the contract ends.Note—See section 43 of the regulation for when residential construction work is taken to start.
(2)The consumer is entitled to claim assistance for the amount of the insurable deposit for the contract that is not otherwise refunded to the consumer under the contract.(3)However, no assistance can be given to the consumer unless the consumer makes the claim before the day that is 3 months after the day the contract ends.(4)In this section—deposit, for a fixed price residential contract, includes any payment for residential construction work received by the licensed contractor prior to work under the contract starting at the place where the work is to be completed under the contract, including, for example, any insurance premium paid.insurable deposit, for a fixed price residential contract, means the least of the following amounts—(a)the deposit paid by the consumer to the licensed contractor under the contract;(b)if the insurable value of the off-site work is more than 50% of the contract price—20% of the contract price;(c)if the contract price is less than $20,000—10% of the contract price;(d)if the contract price is $20,000 or more—5% of the contract price.
off-site work, for a fixed price residential contract, means work under the contract performed at a place that is not the place where the residential construction work is to be completed under the contract.Division 2Assistance if work startedSubdivision 1Preliminary6Application of divisionThis division applies to a consumer for residential construction work if—(a)the work is carried out under a fixed price residential contract; and(b)the contract ends within 2 years after the day work starts under the contract; andNote—See section 43 of the regulation for when residential construction work is taken to start.(c)the work is incomplete; and(d)for work for the common property for a community titles scheme that is, or is to be, carried out in or on a multiple dwelling in the scheme—at least half the residential units in the multiple dwelling are occupied when the contract is entered into and when it ends.
Subdivision 2Completion of work7Assistance for completion of work(1)The consumer is entitled to claim assistance for the reasonable cost of completing the residential construction work.(2)However, the consumer is not entitled to claim the assistance if—(a)the residential construction work is prohibited under a relevant law; or(b)approval required to complete the residential construction work under a relevant law can not be obtained.
(3)If the consumer is not entitled to claim assistance as mentioned in subsection (2), the consumer is entitled to claim the following assistance—(a)the reasonable cost of demolishing the built work;(b)an amount equivalent to the amount the consumer has paid under the contract, when the claim is made, for the built work that is demolished.
(4)However, the consumer is not entitled to claim the assistance mentioned in subsection (3) if—(a)the residential construction work is prohibited under a relevant law; and(b)the consumer assisted, authorised or encouraged the contravention of the relevant law.
(5)The assistance mentioned in subsection (1) or (3) the consumer is entitled to claim in relation to the residential construction work must be reduced by—(a)for assistance mentioned in subsection (1)—the consumer’s liability amount for the work; and(b)if the consumer makes a payment to, or for, the licensed contractor for the work before the payment is due under the contract—the reasonable cost of completing the work for which the payment was made; and(c)if the insurable value of the work exceeds the contract price for the work by more than 30%—the amount by which the insurable value of the work exceeds the contract price.
(6)No assistance can be given to the consumer unless the consumer makes a claim mentioned in this section before the day that is 3 months after the day the contract for the work ends.(7)In this section—relevant law, for residential construction work, means—(a)the Queensland Heritage Act 1992; or(b)the Planning Act 2016.
8Assistance not available for completing particular workThe consumer is not entitled to claim assistance mentioned in section 7 for building work services carried out by a construction manager.9Assistance for accommodation, removal and storage costs(1)This section applies if—(a)the commission allows a claim for assistance mentioned in section 7(1) (the completion claim); and(b)the residential construction work the subject of the completion claim is for a residence that is—(i)occupied by the consumer or, if the residence is unoccupied, intended to be occupied by the consumer; and(ii)uninhabitable because the work is incomplete.
(2)In addition to the assistance mentioned in section 7(1), the consumer is entitled to claim assistance for the accommodation, removal and storage costs incurred by the consumer during all or part of the claim period for the completion claim.(3)However, no assistance can be given to the consumer for the accommodation, removal and storage costs unless the consumer makes the claim for the costs within 28 days after the day the claim period for the completion claim ends.(4)In this section—accommodation, removal and storage costs, incurred by a consumer, means the reasonable costs of the following—(a)alternative accommodation of the consumer;(b)removal;(c)storage.
claim period, for the completion claim, means—(a)the initial claim period for the completion claim; and(b)the subsequent claim period for the completion claim.
initial claim period, for the completion claim, means the period—(a)starting on the latest of the following—(i)the day the contract for the residential construction work the subject of the completion claim ends;(ii)the day the consumer makes the completion claim;(iii)if a day for practical completion of the work is stated in, or is decided under, the contract—that day; and
(b)ending on the earliest of the following—(i)when the residence is habitable;(ii)the day the consumer for the work contracts with a licensed contractor to complete the work the subject of the completion claim;(iii)7 days after the day the consumer is given written notice that the completion claim has been allowed.
subsequent claim period, for the completion claim, means the period—(a)starting on the day the consumer for the residential construction work the subject of the completion claim contracts with a licensed contractor to complete the work the subject of the completion claim; and(b)ending when the residence is habitable.
Subdivision 3Vandalism, forcible removal, fire, storm or tempest10Assistance for defined event(1)This section applies if—(a)the built work the subject of an allowed completion claim is damaged or destroyed as a result of a defined event; and(b)the damage to or destruction of the built work happened—(i)during the claim period for the allowed completion claim; and(ii)as a consequence of the work being incomplete.
(2)The consumer is entitled to claim assistance for the reasonable cost of work (reinstatement work) necessary to reinstate the built work to the same state it was in immediately before the defined event.(3)The assistance mentioned in subsection (2) must be reduced by the amount, if any, by which the consumer’s liability amount for the residential construction work the subject of the allowed completion claim exceeds the reasonable cost of completing the work.(4)However, no assistance can be given to the consumer unless the consumer makes the claim for the reinstatement work within 14 days after the day the damage to or destruction of the built work would have come to the attention of the consumer if the consumer was taking reasonable steps to monitor and protect the built work. (5)In this section—allowed completion claim means a claim for assistance mentioned in section 7(1) if the commission—(a)allows the claim; or(b)disallows the claim only because either or both of the following apply—(i)the maximum amount the commission may pay under part 4 in relation to the claim has been reached;(ii)the consumer’s liability amount for the residential construction work the subject of the claim exceeds the reasonable cost of completing the work.
claim period, for an allowed completion claim, means the period—(a)starting on the day the claim is made; and(b)ending on the earliest of the following—(i)6 months after the day the contract for the residential construction work the subject of the claim ends;(ii)the day the consumer contracts with a licensed contractor to complete the residential construction work the subject of the claim;(iii)7 days after the day the consumer is given written notice that the claim has been allowed or disallowed.
11No entitlement to assistance for particular lossThe consumer is not entitled to claim assistance mentioned in section 10(2) for—(a)damage to or destruction of built work caused gradually as a result of repeated exposure of the work to fire or smoke; or(b)residential construction work carried out using goods or materials not supplied by the licensed contractor, or the licensed contractor’s agent, under the contract; or(c)damage to or destruction of property, other than the built work, as a result of a defined event, including, for example, damage to or destruction of a building that exists on the site of the residential construction work before the work starts; or(d)the cost of removing a tree stump, or any part of a tree that has not fallen or caused damage to the built work; or (e)building work services.
12Threshold for vandalism or forcible removalFor each occurrence of vandalism or forcible removal of built work, the consumer is entitled to claim only the reasonable cost of reinstatement work mentioned in section 10(2) that is more than $2,500.13Requirement to report vandalism or forcible removalBefore making a claim for assistance mentioned in section 10(2) relating to vandalism or forcible removal of built work, the consumer must report the vandalism or forcible removal to the Queensland Police Service.Note—See section 65(3) for the evidence that must be included in a notice of claim in relation to vandalism or forcible removal of built work.Part 3Defective work14Application of partThis part applies to residential construction work that is primary insurable work if it is defective (defective work).15Assistance for defective work(1)The consumer of the residential construction work is entitled to claim assistance for the reasonable cost of the following work (rectification work)—(a)rectifying the defective work;(b)any other building work reasonably required to be carried out to a relevant building as a consequence of the defective work.
Example for subsection (1)(b)—work reasonably required to repair a wall in a residence that has cracked because defective work to the concrete slab supporting the wall has resulted in subsidence of the slab(2)However, to the extent all of the following apply to the defective work, the consumer is not entitled to claim assistance mentioned in subsection (1) but may be entitled to claim assistance mentioned in subsection (3)—(a)the primary insurable work is defective because the work does not comply with the plans or specifications for the work;Example for paragraph (a)—a ceiling constructed at a height of 2.9m when the plans and specifications state a height of 3m(b)the primary insurable work complies with all of the following—(i)the Building Act 1975;(ii)the Building Code of Australia;(iii)the Queensland Development Code within the meaning of the Building Act 1975;
(c)the use of the built work is not significantly affected as a result of the defective work.
(3)To the extent subsection (2) applies to the defective work, the consumer is entitled to claim the loss in value of the built work as a result of the defective work.(4)The assistance the consumer is entitled to claim under this section in relation to the residential construction work must be reduced by the consumer’s liability amount for the work.(5)In this section—relevant building means—(a)if primary insurable work was carried out for a residence, other than a residential unit, and paragraph (e) does not apply—the residence; or(b)if primary insurable work was carried out for a related roofed building—the related roofed building; or(c)if primary insurable work was carried out for a swimming pool, other than a swimming pool that is in or on a multiple dwelling—the swimming pool; or(d)if primary insurable work was carried out for a residential unit and paragraph (e) does not apply—the residential unit; or(e)if primary insurable work was carried out for the common property for a community titles scheme and the work was carried out in or on a duplex or multiple dwelling in the scheme—the duplex or multiple dwelling and each residential unit in the duplex or multiple dwelling.
16Limit on assistance(1)A consumer is entitled to claim assistance mentioned in section 15 in relation to a structural defect in the residential construction work if the consumer first becomes aware, or ought reasonably to have become aware, of the structural defect within—(a)for residential construction work that is not substantially complete within 6 months after the cover commencement day for the work—the period—(i)starting on the day that is 6 months after the cover commencement day; and(ii)ending 6 years and 6 months after the period starts; or
(b)otherwise—6 years and 6 months after the cover commencement day for the work.
(2)Also, a consumer is entitled to claim assistance mentioned in section 15 in relation to a defect, other than a structural defect, in the residential construction work if the consumer first becomes aware, or ought reasonably to have become aware, of the defect within 6 months after the day the work is substantially complete.(3)No assistance can be given to the consumer unless the consumer makes a claim mentioned in section 15—(a)for a structural defect—within 3 months after the day the consumer first becomes aware, or ought reasonably to have become aware, of the defect in the work; or(b)for another defect—within 7 months after the day the residential construction work is substantially complete.
(4)In this section—cover commencement day, for residential construction work, means—(a)if the consumer for the work obtains optional additional cover—the day the optional additional cover comes into force for the work; or(b)otherwise—the day cover under the statutory insurance scheme comes into force for the work.Note—See section 68I of the Act for when cover under the statutory insurance scheme comes into force for residential construction work.
17Reasonable cost of rectification work for particular common property(1)This section applies if—(a)the defective work is carried out in a building in a community titles scheme, that includes 1 or more lots used for residential purposes and 1 or more lots used for commercial purposes; and(b)the rectification work mentioned in section 15(1) includes work for the common property for the scheme.
(2)The reasonable cost of the rectification work mentioned in section 15(1) for the common property must be calculated using the formula—where—C is the total cost of the rectification work required for the common property.R is the sum of the interest schedule lot entitlements of the lots in the building that are used for residential purposes.A is the sum of the interest schedule lot entitlements for all lots in the building.18No entitlement to assistance in particular circumstancesThe consumer is not entitled to claim assistance mentioned in section 15 if—(a)the consumer has unreasonably refused the licensed contractor who carried out the defective work access to the site to carry out rectification work; or(b)the licensed contractor who carried out the defective work has a continuing legal obligation to complete the work.
19No entitlement to assistance for particular lossThe consumer is not entitled to claim assistance mentioned in section 15 for any of the following—(a)if the primary insurable work is for the erection, construction or installation of a swimming pool—(i)a defect in the work for the swimming pool that is not a structural defect; or(ii)surfacing of an area outside the coping for the swimming pool; or(iii)work associated with the erection, construction or installation of the swimming pool, including, for example, paving, supplying or installing water features, swimming pool slides, diving boards and swimming pool equipment and housings; or(iv)steps for the swimming pool that are not fixed structures;
(b)if the primary insurable work is for the erection or construction of a related roofed building and the slab for the building is constructed other than under the contract for carrying out the work—damage to the building caused or contributed to by the slab;(c)if the primary insurable work is for an existing residence or related roofed building—damage to the residence or building that is—(i)not directly caused by the carrying out of the work; or(ii)not directly contributed to by the carrying out of the work.
20Assistance for accommodation, removal and storage costs(1)This section applies if—(a)the commission allows a claim for assistance mentioned in section 15(1); and(b)the primary insurable work the subject of the claim is for a residence that is—(i)occupied by the consumer or, if the residence is unoccupied, intended to be occupied by the consumer; and(ii)uninhabitable because the work is defective, or will become uninhabitable while the work necessary under the claim is carried out.
(2)In addition to the assistance mentioned in section 15(1), the consumer is entitled to claim assistance for the accommodation, removal and storage costs of the consumer incurred by the consumer—(a)while the rectification work is being carried out; and(b)as a result of the residence being uninhabitable.
(3)However, no assistance can be given to the consumer for the accommodation, removal and storage costs unless the consumer makes the claim for the costs during the period or before the time mentioned in section 16(1)(a) or (b).(4)In this section—accommodation, removal and storage costs, of a consumer, means the reasonable costs of the following—(a)alternative accommodation of the consumer;(b)removal;(c)storage.
Part 4Maximum amountsDivision 1Preliminary21Application of partThis part states the maximum amount the commission may pay for all claims relating to residential construction work if cover under the statutory insurance scheme is in force for the work.22Maximum amount inclusive of taxAn amount mentioned in this part is inclusive of any tax payable for the residential construction work.Division 2Work to which section 34 of the regulation applied23Application of divisionThis division states the maximum amount the commission may pay for all claims relating to residential construction work if section 34 of the regulation applied for calculating the insurable value of the work.24Claims relating to incomplete work, defective work or vandalism or forcible removal of built work—work not substantially complete(1)The maximum amount the commission may pay for all claims mentioned in the incomplete work provisions in relation to residential construction work that is not substantially complete is—(a)if optional additional cover is in force for the work—$300,000 multiplied by the number of living units for which the work was carried out; or(b)if paragraph (a) does not apply—$200,000 multiplied by the number of living units for which the work was carried out.
(2)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—(i)for all claims mentioned in sections 9 and 20—$10,000; and(ii)for all claims mentioned in the incomplete work provisions—$300,000;
(b)if paragraph (a) does not apply—(i)for all claims mentioned in sections 9 and 20—$5,000; and(ii)for all claims mentioned in the incomplete work provisions—$200,000.
(3)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in the incomplete work provisions in relation to the residential construction work—(a)must not be more than the maximum amount stated in section 27 for the residential construction work; and(b)must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(4)The amount apportioned for a living unit under subsection (3)(b) is counted for calculating the amount mentioned in subsection (2)(a)(ii) or (b)(ii).Example—Residential construction work is carried out for a multiple dwelling in a community titles scheme. Under subsection (3), $9,000 is apportioned to a residential unit in the multiple dwelling as a result of a claim for the common property for the scheme. The maximum amount the commission may pay under subsection (2)(b)(ii) for the residential unit is $191,000.25Claims for fire, storm or tempest—work not substantially complete(1)The maximum amount the commission may pay for all claims mentioned in section 10, as a result of a defined event that is a fire, storm or tempest, in relation to residential construction work that is not substantially complete is—(a)if optional additional cover is in force for the work—$300,000 multiplied by the number of living units for which the residential construction work was carried out; or(b)if paragraph (a) does not apply—$200,000 multiplied by the number of living units for which the work was carried out.
(2)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—$300,000;(b)if paragraph (a) does not apply—$200,000.
(3)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in section 10, as a result of a defined event that is a fire, storm or tempest, in relation to the residential construction work—(a)must not be more than the maximum amount stated in section 27 for the residential construction work; and(b)must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(4)The amount apportioned for a living unit under subsection (3)(b) is counted for calculating the amount mentioned in subsection (2)(a) or (b).26Claims relating to defective work—work substantially complete(1)The maximum amount the commission may pay for all claims mentioned in sections 15 and 20 in relation to residential construction work that is substantially complete is—(a)if optional additional cover is in force for the work—$300,000 multiplied by the number of living units for which the work was carried out; or(b)if paragraph (a) does not apply—$200,000 multiplied by the number of living units for which the work was carried out.
(2)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—(i)for all claims mentioned in section 20—$10,000; and(ii)for all claims mentioned in sections 15 and 20—$300,000;
(b)if paragraph (a) does not apply—(i)for all claims mentioned in section 20—$5,000; and(ii)for all claims mentioned in sections 15 and 20—$200,000.
(3)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in sections 15 and 20 in relation to the residential construction work—(a)must not be more than the maximum amount mentioned in section 27 for the residential construction work; and(b)must be apportioned between each living unit for which the work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(4)The amount apportioned for a living unit under subsection (3)(b) is counted for calculating the amount mentioned in subsection (2)(a)(ii) or (b)(ii).27Common property limit(1)The maximum amount the commission may pay for the common property for a community titles scheme for the total of all claims mentioned in sections 7, 9, 10, 15 and 20 in relation to the residential construction work is—(a)if optional additional cover is in force for the work—the lesser of the following—(i)$300,000 multiplied by the number of living units for which the work was carried out;(ii)$1.3m; or
(b)if paragraph (a) does not apply—the lesser of the following—(i)$200,000 multiplied by the number of living units for which the work was carried out;(ii)$1m.
(2)The amount mentioned in subsection (1) applies regardless of whether the residential construction work is substantially complete or not substantially complete.Example—Residential construction work is carried out for 6 residential units in a community titles scheme. Before the work is substantially complete, the commission pays $50,000 for the common property for the scheme for a claim in relation to the work. After the work is substantially complete, the maximum amount remaining that the commission may pay for the common property in relation to the work is $950,000 (if optional additional cover is not in force for the work).Division 3Work to which section 35 of the regulation applied28Application of divisionThis division states the maximum amount the commission may pay for all claims relating to residential construction work if section 35 of the regulation applied for calculating the insurable value of the work.29Claims relating to incomplete work, defective work or vandalism or forcible removal of built work—work not substantially complete(1)The maximum amount the commission may pay for all claims mentioned in the incomplete work provisions in relation to residential construction work that is not substantially complete is—(a)if optional additional cover is in force for the work—$300,000; or(b)if paragraph (a) does not apply—$200,000.
(2)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—(i)for all claims mentioned in sections 9 and 20—$10,000 divided by the number of living units for which the work was carried out; and(ii)for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out;
(b)if paragraph (a) does not apply—(i)for all claims mentioned in sections 9 and 20—$5,000 divided by the number of living units for which the work was carried out; and(ii)for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out.
(3)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in the incomplete work provisions in relation to the residential construction work—(a)must not be more than the maximum amount stated in section 32 for the residential construction work; and(b)must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(4)The amount apportioned for a living unit under subsection (3)(b) is counted for calculating the amount mentioned in subsection (2)(a)(ii) or (b)(ii).Example—Residential construction work is carried out for a duplex in a community titles scheme. Under subsection (3), $9,000 is apportioned to each residential unit in the duplex as a result of a claim for the common property for the scheme. The maximum amount the commission may pay under subsection (2)(b)(ii) for each residential unit is $91,000.30Claims for fire, storm or tempest—work not substantially complete(1)The maximum amount the commission may pay for all claims mentioned in section 10, as a result of a defined event that is a fire, storm or tempest, in relation to residential construction work that is not substantially complete is—(a)if optional additional cover is in force for the work—$300,000; or(b)if paragraph (a) does not apply—$200,000.
(2)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—$300,000 divided by the number of living units for which the work was carried out;(b)if paragraph (a) does not apply—$200,000 divided by the number of living units for which the work was carried out.
(3)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in section 10, as a result of a defined event that is a fire, storm or tempest, in relation to the residential construction work—(a)must not be more than the maximum amount stated in section 32 for the residential construction work; and(b)must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(4)The amount apportioned for a living unit under subsection (3)(b) is counted for calculating the amount mentioned in subsection (2)(a) or (b).31Claims relating to defective work—work substantially complete(1)The maximum amount the commission may pay for all claims mentioned in sections 15 and 20 in relation to residential construction work that is substantially complete is—(a)if optional additional cover is in force for the work—$300,000 multiplied by the number of living units for which the work was carried out; or(b)if paragraph (a) does not apply—$200,000 multiplied by the number of living units for which the work was carried out.
(2)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—(i)for all claims mentioned in section 20—$10,000; and(ii)for all claims mentioned in sections 15 and 20—$300,000;
(b)if paragraph (a) does not apply—(i)for all claims mentioned in section 20—$5,000; and(ii)for all claims mentioned in sections 15 and 20—$200,000.
(3)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in sections 15 and 20 in relation to the residential construction work—(a)must not be more than the maximum amount mentioned in section 32 for the residential construction work; and(b)must be apportioned between each living unit for which the work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(4)The amount apportioned for a living unit under subsection (3)(b) is counted for calculating the amount mentioned in subsection (2)(a)(ii) or (b)(ii).32Common property limit(1)The maximum amount the commission may pay for the common property for a community titles scheme for the total of all claims mentioned in sections 7, 9, 10, 15 and 20 in relation to the residential construction work is—(a)if optional additional cover is in force for the work—the lesser of the following—(i)$300,000 multiplied by the number of living units for which the work was carried out;(ii)$1.3m; or
(b)if paragraph (a) does not apply—the lesser of the following—(i)$200,000 multiplied by the number of living units for which the work was carried out;(ii)$1m.
(2)The amount mentioned in subsection (1) applies regardless of whether the residential construction work is substantially complete or not substantially complete.Example—Residential construction work is carried out for a duplex in a community titles scheme. Before the work is substantially complete, the commission pays $50,000 for the common property for the scheme for a claim in relation to the work. After the work is substantially complete, the maximum amount remaining that the commission may pay for the common property in relation to the work is $350,000 (if optional additional cover is not in force for the work).Division 4Work to which section 36 of the regulation applied33Application of divisionThis division states the maximum amount the commission may pay for all claims relating to residential construction work if section 36 of the regulation applied for calculating the insurable value of the work.34Claims relating to incomplete work, defective work or vandalism or forcible removal of built work—work not substantially complete(1)The maximum amount the commission may pay for all claims mentioned in the incomplete work provisions in relation to residential construction work that is not substantially complete is—(a)if optional additional cover is in force for the work—$300,000 multiplied by the number of living units for which the work was carried out; or(b)if paragraph (a) does not apply—$200,000 multiplied by the number of living units for which the work was carried out.
(2)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—(i)for all claims mentioned in sections 9 and 20—$10,000; and(ii)for all claims mentioned in the incomplete work provisions—$300,000;
(b)if paragraph (a) does not apply—(i)for all claims mentioned in sections 9 and 20—$5,000; and(ii)for all claims mentioned in the incomplete work provisions—$200,000.
(3)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in the incomplete work provisions in relation to the residential construction work—(a)must not be more than the maximum amount stated in section 37 for the residential construction work; and(b)must be apportioned equally between each living unit for which the residential construction work was carried out.
(4)The amount apportioned for a living unit under subsection (3)(b) is counted for calculating the amount mentioned in subsection (2)(a)(ii) or (b)(ii).35Claims for fire, storm or tempest—work not substantially complete(1)The maximum amount the commission may pay for all claims mentioned in section 10, as a result of a defined event that is a fire, storm or tempest, in relation to residential construction work that is not substantially complete is—(a)if optional additional cover is in force for the work—$300,000 multiplied by the number of living units for which the work was carried out; or(b)if paragraph (a) does not apply—$200,000 multiplied by the number of living units for which the work was carried out.
(2)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—$300,000;(b)if paragraph (a) does not apply—$200,000.
(3)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in section 10, as a result of a defined event that is a fire, storm or tempest, in relation to the residential construction work—(a)must not be more than the maximum amount stated in section 37 for the residential construction work; and(b)must be apportioned equally between each living unit for which the residential construction work was carried out.
(4)The amount apportioned for a living unit under subsection (3)(b) is counted for calculating the amount mentioned in subsection (2)(a) or (b).36Claims relating to defective work—work substantially complete(1)The maximum amount the commission may pay for all claims mentioned in sections 15 and 20 in relation to residential construction work that is substantially complete is—(a)if optional additional cover is in force for the work—$300,000 multiplied by the number of living units for which the work was carried out; or(b)if paragraph (a) does not apply—$200,000 multiplied by the number of living units for which the work was carried out.
(2)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—(i)for all claims mentioned in section 20—$10,000; and(ii)for all claims mentioned in sections 15 and 20—$300,000;
(b)if paragraph (a) does not apply—(i)for all claims mentioned in section 20—$5,000; and(ii)for all claims mentioned in sections 15 and 20—$200,000.
(3)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in sections 15 and 20in relation to the residential construction work—(a)must not be more than the maximum amount mentioned in section 37 for the residential construction work; and(b)must be apportioned equally between each living unit for which the work was carried out.
(4)The amount apportioned for a living unit under subsection (3)(b) is counted for calculating the amount mentioned in subsection (2)(a)(ii) or (b)(ii).37Common property limit(1)The maximum amount the commission may pay for the common property for a community titles scheme for the total of all claims mentioned in sections 7, 9, 10, 15 and 20 in relation to residential construction work is—(a)if optional additional cover is in force for the work—the lesser of the following—(i)$300,000 multiplied by the number of living units for which the work was carried out;(ii)$1.3m; or
(b)if paragraph (a) does not apply—the lesser of the following—(i)$200,000 multiplied by the number of living units for which the work was carried out;(ii)$1m.
(2)The amount mentioned in subsection (1) applies regardless of whether the residential construction work is substantially complete or not substantially complete.Division 5Work for particular buildings38Application of divisionThis division states the maximum amount the commission may pay for all claims relating to residential construction work if the work was for any of the following buildings or any combination of the following buildings—(a)1 single detached dwelling;(b)a related roofed building;(c)a swimming pool, other than a swimming pool that is in or on a duplex or multiple dwelling.
39Claims relating to incomplete work, defective work or vandalism or forcible removal of built work—work not substantially complete(1)This section applies to the residential construction work if the work is not substantially complete.(2)The maximum amount the commission may pay for all claims mentioned in the incomplete work provisions in relation to the residential construction work is—(a)if optional additional cover is in force for the work—$300,000; or(b)if paragraph (a) does not apply—$200,000.
(3)However, for all claims mentioned in sections 9 and 20, the commission must not pay more than—(a)if optional additional cover is in force for the work—$10,000; or(b)if paragraph (a) does not apply—$5,000.
40Claims for fire, storm or tempest—work not substantially complete(1)This section applies to the residential construction work if the work is not substantially complete.(2)The maximum amount the commission may pay for all claims mentioned in section 10, as a result of a defined event that is a fire, storm or tempest, in relation to the residential construction work is—(a)if optional additional cover is in force for the work—$300,000; or(b)if paragraph (a) does not apply—$200,000.
41Claims relating to defective work—work substantially complete(1)This section applies to the residential construction work if the work is substantially complete.(2)The maximum amount the commission may pay for all claims mentioned in sections 15 and 20 in relation to the residential construction work is—(a)if optional additional cover is in force for the work—$300,000; or(b)if paragraph (a) does not apply—$200,000.
(3)However, for all claims mentioned in section 20 in relation to the residential construction work, the commission must not pay more than—(a)if optional additional cover is in force for the work—$10,000; or(b)if paragraph (a) does not apply—$5,000.
Division 6Other work42Application of divisionThis division states the maximum amount the commission may pay for all claims relating to residential construction work if divisions 2 to 5 do not apply in relation to the work.43Claims relating to incomplete work, defective work or vandalism or forcible removal of built work—work not substantially complete(1)This section applies to the residential construction work if the work is not substantially complete.(2)The maximum amount the commission may pay for all claims mentioned in the incomplete work provisions in relation to the residential construction work is—(a)if optional additional cover is in force for the work—$300,000; or(b)if paragraph (a) does not apply—$200,000.
(3)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—(i)for all claims mentioned in sections 9 and 20—$10,000 divided by the number of living units for which the work was carried out; and(ii)for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out;
(b)if paragraph (a) does not apply—(i)for all claims mentioned in sections 9 and 20—$5,000 divided by the number of living units for which the work was carried out; and(ii)for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out.
(4)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in the incomplete work provisions in relation to the residential construction work—(a)must not be more than the maximum amount stated in section 46 for the residential construction work; and(b)must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(5)The amount apportioned for a living unit under subsection (4)(b) is counted for calculating the amount mentioned in subsection (3)(a)(ii) or (b)(ii).44Claims for fire, storm or tempest—work not substantially complete(1)This section applies to the residential construction work if the work is not substantially complete.(2)The maximum amount the commission may pay for all claims mentioned in section 10, as a result of a defined event that is a fire, storm or tempest, in relation to residential construction work is—(a)if optional additional cover is in force for the work—$300,000; or(b)if paragraph (a) does not apply—$200,000.
(3)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—$300,000 divided by the number of living units for which the work was carried out;(b)if paragraph (a) does not apply—$200,000 divided by the number of living units for which the work was carried out.
(4)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in section 10, as a result of a defined event that is a fire, storm or tempest, in relation to the residential construction work—(a)must not be more than the maximum amount stated in section 46 for the residential construction work; and(b)must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(5)The amount apportioned for a living unit under subsection (4)(b) is counted for calculating the amount mentioned in subsection (3)(a) or (b).45Claims relating to defective work—work substantially complete(1)This section applies to the residential construction work if the work is substantially complete.(2)The maximum amount the commission may pay for all claims mentioned in sections 15 and 20 in relation to the residential construction work is—(a)if optional additional cover is in force for the work—$300,000; or(b)if paragraph (a) does not apply—$200,000.
(3)However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—(a)if optional additional cover is in force for the work—(i)for all claims mentioned in section 20—$10,000 divided by the number of living units for which the work was carried out; and(ii)for all claims mentioned in sections 15 and 20—$300,000 divided by the number of living units for which the work was carried out;
(b)if paragraph (a) does not apply—(i)for all claims mentioned in section 20—$5,000 divided by the number of living units for which the work was carried out; and(ii)for all claims mentioned in sections 15 and 20—$200,000 divided by the number of living units for which the work was carried out.
(4)Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in sections 15 and 20 in relation to the residential construction work—(a)must not be more than the maximum amount stated in section 46 for the residential construction work; and(b)must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(5)The amount apportioned for a living unit under subsection (4)(b) is counted for calculating the amount mentioned in subsection (3)(a)(ii) or (b)(ii).46Common property limit(1)The maximum amount the commission may pay for the common property for a community titles scheme for the total of all claims mentioned in sections 7, 9, 10, 15 and 20 in relation to residential construction work is—(a)if optional additional cover is in force for the residential construction work—$300,000; or(b)if paragraph (a) does not apply—$200,000.
(2)The amount mentioned in subsection (1) applies regardless of whether the residential construction work is substantially complete or not substantially complete.Division 7Maximum liability47Total maximum liability if work not startedThe total maximum amount the commission may pay for all claims mentioned in section 5 relating to residential construction work is— (a)if optional additional cover is in force for the work—$300,000; or (b)if paragraph (a) does not apply—$200,000.
48Total maximum liability if work started(1)This section states the total maximum amount the commission may pay for all claims mentioned in sections 7, 9, 10, 15 and 20 relating to residential construction work.(2)For residential construction work that includes the erection or construction of a multiple dwelling, the commission must not pay more than the following amount for each living unit for which the work was carried out— (a)if optional additional cover is in force for the work—$300,000; (b)if paragraph (a) does not apply—$200,000.
(3)For residential construction work, other than work mentioned in subsection (2), for which section 34 of the regulation applied for calculating the insurable value of the work, the commission must not pay more than the following amount for each living unit for which the work was carried out— (a)if optional additional cover is in force for the work—$900,000; (b)if paragraph (a) does not apply—$600,000.
(4)For residential construction work that is not substantially complete and for which section 35 of the regulation applied for calculating the insurable value of the work, the commission must not pay more than— (a)if optional additional cover is in force for the work—$900,000; or (b)if paragraph (a) does not apply—$400,000.
(5)For residential construction work that is substantially complete and for which section 35 of the regulation applied for calculating the insurable value of the work, the commission must not pay more than the following amount for each living unit for which the work was carried out— (a)if optional additional cover is in force for the work—$300,000; (b)if paragraph (a) does not apply—$200,000.
(6)For residential construction work that includes building work for 2 detached dwellings if section 36 of the regulation applied for calculating the insurable value of the work, the commission must not pay more than the following amount for each living unit for which the work was carried out— (a)if optional additional cover is in force for the work—$900,000; (b)if paragraph (a) does not apply—$600,000.
(7)For residential construction work that includes building work for 3 or more detached dwellings if section 36 of the regulation applied for calculating the insurable value of the work, the commission must not pay more than the following amount for each living unit for which the work was carried out— (a)if optional additional cover is in force for the work—$300,000; (b)if paragraph (a) does not apply—$200,000.
(8)For residential construction work not mentioned in subsections (2) to (7), the commission must not pay more than— (a)if optional additional cover is in force for the work—$900,000; or (b)if paragraph (a) does not apply—$600,000.
Part 5General provisions about entitlement to assistanceDivision 1Reasonable cost of work49Application of divisionThis division applies to a consumer for residential construction work if the consumer is entitled to claim the reasonable cost of—(a)completing the residential construction work as mentioned in section 7(1); or(b)reinstatement work; or(c)rectification work.
50Uniform appearance(1)The reasonable cost the consumer is entitled to claim for the work includes the cost of using materials that, as far as reasonably possible, match materials already used for the built work, or a building adjoining the work, to create a uniform appearance.(2)However, if materials are used that do not match materials already used for the built work or a building adjoining the work, the reasonable cost the consumer is entitled to claim for the work does not include the cost of replacing undamaged parts of the work or adjoining building to create a uniform appearance.51Cost for certificates(1)The reasonable cost the consumer is entitled to claim for the work includes the reasonable cost of—(a)obtaining a certificate in relation to the work; and(b)any inspections of the built work required for obtaining the certificate.
(2)However, subsection (1) does not apply to a certificate in relation to work carried out in whole or part by the licensed contractor who carried out the residential construction work for which the consumer is entitled to claim assistance.(3)In this section—certificate means any of the following—(a)a certificate of classification under the Building Act 1975, schedule 2;(b)a certificate of inspection under the Building Regulation 2006;(c)a final inspection certificate under the Building Act 1975, section 10(d)(ii).
52Input tax credits and GST(1)The reasonable cost the consumer is entitled to claim for the work—(a)must be reduced by the amount of any input tax credits the commission is satisfied the consumer is entitled to claim in relation to the work for which the reasonable costs are claimed; and(b)does not include any GST payable for a supply made, or that may be made, by the consumer.
(2)In being satisfied under subsection (1)(a), the commission may have regard to any matter the commission considers relevant in deciding whether the work for which the reasonable costs are claimed will relate to a taxable supply or an input taxed supply, including, for example—(a)whether the consumer is registered for GST; and(b)the enterprise carried on by the consumer; and(c)the way in which the consumer is likely to deal with the residential construction work.
(3)In this section—enterprise see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 9-20.input tax credit see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 195-1.input taxed supply means a supply that is input taxed under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).registered, for GST, means registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).taxable supply see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 9-5.Division 2No entitlement to assistance in particular circumstances53Loss caused or contributed to by particular matters(1)A consumer for residential construction work is not entitled to claim assistance for loss caused or contributed to by any of the following—(a)the defective design of built work if—(i)for residential construction work for a multiple dwelling—the consumer contracted with someone, other than the licensed contractor who carried out the work, for the design; or(ii)otherwise—the design was prepared by someone other than an engineer, an architect, a building designer or the licensed contractor who carried out the work;
(b)the gradual deterioration of the built work caused by fair wear and tear or by the lack of maintenance or neglect of the work by the consumer;(c)the failure of any person, other than the following, to undertake reasonable maintenance, inspection and treatment or to carry out the reasonable written recommendations given to the person by the commission—(i)the licensed contractor who carried out the work;(ii)an employee, subcontractor, supplier or invitee of the licensed contractor;
(d)pressure waves caused by an aircraft or another aerial device;(e)earthquake, erosion, flood, landslip, tidal wave or change of watercourse;(f)failure of an artificial device for the storage or conveyance of water or gas unless the construction of the device is part of the contract for carrying out the work;(g)accidental damage, other than as a result of a failure by the licensed contractor who carried out the work, or an employee or subcontractor of the licensed contractor, to take proper care and skill in carrying out the residential construction work;(h)a defective product;(i)the act or omission of a third party, unless the loss is also caused or contributed to by—(i)the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; or(ii)an engineer, architect or building designer for the work;
(j)a terrorist act regardless of any other cause or event contributing at any time to the loss;(k)any action in controlling, preventing, suppressing, retaliating against or responding to a terrorist act.
(2)Also, a consumer for residential construction work is not entitled to claim assistance in relation to public or legal liability for the payment of compensation relating to death, bodily injury or illness of any person.(3)In this section—building designer means a licensee who holds a licence of a class mentioned in schedule 2, any of parts 11 to 13.third party means a person other than—(a)the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; and(b)an engineer, architect or building designer for the work.
54Electronic data(1)A consumer for residential construction work is not entitled to claim assistance in relation to the following—(a)the destruction, distortion, erasure, corruption, alteration, misinterpretation or misappropriation, in whole or in part, of electronic data;(b)an error in creating, amending, entering, deleting or using electronic data;(c)the inability or failure, in whole or in part, of the consumer to access, receive, send or use electronic data for any period as a result of any cause.
(2)In this section—electronic data—(a)means facts, concepts or information converted to a form usable for communications, display, distribution, interpretation or processing by electronic and electromechanical processing or electronically controlled equipment; and(b)includes programs, software and other coded instructions for the equipment.
55Appliances(1)This section applies if—(a)an electrical appliance is supplied as part of the contract for carrying out residential construction work; and(b)as part of the contract the electrical appliance will not be permanently fixed to any of the following on which the residential construction work is or is proposed to be carried out—(i)a residence;(ii)a related roofed building;(iii)land.
(2)The consumer for the work is not entitled to claim assistance for loss suffered in relation to the electrical appliance. (3)In this section—electrical appliance means an instrument, apparatus or device that is connected to an electricity supply by means of a flexible cord plug and socket outlet.56Work covered by insurance policy(1)This section applies if loss suffered in relation to residential construction work is covered by the statutory insurance scheme and an insurance policy.(2)The consumer for the work is not entitled to claim assistance for the work to the extent the work is covered by the insurance policy.(3)Subsection (2) applies regardless of whether the consumer makes a claim under the insurance policy.(4)In this section—insurance policy does not include cover under the statutory insurance scheme.57Release from liability or provision of indemnity(1)This section applies if a consumer for residential construction work—(a)releases the licensed contractor who carries out the work, or another person, from liability for all or part of the work; or(b)indemnifies the licensed contractor who carries out the work, or another person, in relation to all or part of the work.
(2)The consumer is not entitled to claim assistance for the work to the extent the consumer has released the licensed contractor or other person from liability for the work or indemnified the licensed contractor or other person in relation to the work.58Access to assess claimA consumer for residential construction work is not entitled to claim assistance if the consumer unreasonably refuses the commission access to the built work for the purposes of assessing a claim for the work.59Defect in work apparent before work substantially completeA consumer for residential construction work is not entitled to claim assistance in relation to a defect in the work if—(a)the residential construction work is substantially complete; and(b)the defect was apparent, or ought reasonably to have been apparent, to the consumer before the work was substantially complete.
60Work damaged, defective or destroyed before purchase(1)This section applies if—(a)a person purchases land, or a manufactured home, on or for which residential construction work has been carried out; and(b)before completing the contract for the purchase of the land or manufactured home, the person knew or ought reasonably to have known the built work was damaged, defective or destroyed.
(2)The person is not entitled to claim assistance in relation to the following—(a)the damage, defect or destruction;(b)any damage resulting from the damage, defect or destruction.
(3)In this section—land includes a lot or common property in a community titles scheme.61Work no longer covered by statutory insurance scheme(1)This section applies if—(a)when residential construction work is carried out, the work is covered under the statutory insurance scheme; and(b)the work is defective or incomplete; and(c)when a claim for assistance is made, building work carried out on or for the built work would not be covered under the statutory insurance scheme because of section 67WB of the Act.
(2)The consumer for the residential construction work is not entitled to claim assistance for the work.Example of work for which the consumer is not able to claim assistance—work on a residence that is converted to a boarding house after the work is carried out but before a claim for assistance is made62Cost of delay entering into contract(1)This section applies if the commission gives a consumer for residential construction work written notice about the approval for a licensed contractor to—(a)complete residential construction work as mentioned in section 7(1); or(b)carry out reinstatement work; or(c)carry out rectification work.
(2)The consumer is not entitled to claim assistance for loss that would not have been suffered if the consumer had entered into the contract with the licensed contractor within 28 days after receiving the notice.63Work covered by payment in settlement of claim(1)The commission is not liable to make a payment for a matter the subject of a claim under the statutory insurance scheme relating to residential construction work if the commission has already made a payment for the same matter relating to the work in settlement of the matter.(2)However, subsection (1) does not apply if—(a)the payment previously made by the commission was made to a licensed contractor to perform work to rectify the matter; and(b)the work was carried out in the way approved by the commission but did not rectify the matter.
64Demolition, rectification or reinstatement without approval(1)A consumer for residential construction work is not entitled to claim assistance in relation to the work if the consumer does any of the following without the prior written approval of the commission—(a)demolishes the built work;(b)rectifies the work;(c)reinstates the built work.Note—See section 67(2).
(2)In this section—approval does not include the following—(a)a decision of the commission about the scope of works to be carried out to rectify residential construction work or reinstate built work;(b)a decision of the commission to grant an application for an owner-builder permit.
Part 6Claims65Claim for assistance—Act, s 71C(1)This section prescribes the requirements for section 71C of the Act.(2)For a claim for assistance mentioned in section 5 or 7, the notice of the claim must include the following—(a)either—(i)a copy of the contract for the residential construction work the subject of the claim, including any variations to the contract; or(ii)if a copy of the contract is not available—written evidence of the existence of a contract for the carrying out of the work, and any variations to the contract;
(b)if the contract for the work is validly terminated as mentioned in section 4(1)(a)—evidence the contract has been validly terminated;(c)evidence of all payments made in relation to the work;(d)a copy of any plans or specifications for the work.
(3)For a claim for assistance mentioned in section 10(2) relating to vandalism or forcible removal of built work, the notice of the claim must include evidence the consumer reported the vandalism or forcible removal to the Queensland Police Service.(4)If, for a claim for defective work, the consumer is required to give notice under section 66, the notice of the claim must include evidence that the consumer has complied with section 66.(5)For all claims, the notice of the claim must be in writing and include any other information the commission reasonably requires to decide the claim.66Notice of claim to licensed contractor(1)This section applies if a consumer for residential construction work that is substantially complete decides to make a claim under the statutory insurance scheme in relation to the work.(2)The consumer must—(a)serve a notice about the facts and circumstances giving rise to the claim on the licensed contractor who carried out the work; and(b)give the licensed contractor a reasonable period stated in the notice to rectify the work.
(3)However, subsection (2) does not apply if—(a)the licensed contractor dies; or(b)the licensed contractor is a company and the company no longer exists; or(c)both of the following apply—(i)the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction;(ii)the licensed contractor’s licence is cancelled.
(4)The commission must not decide to allow or disallow the claim until after the end of the reasonable period stated in the notice given to the licensed contractor.(5)This section does not prevent the consumer making the claim under the statutory insurance scheme before the end of the reasonable period stated in the notice given to the licensed contractor.67Direction to rectify before making decision on claim(1)This section applies if—(a)the commission is given notice of a claim for assistance; and(b)the commission is of the opinion the residential construction work the subject of the claim is defective or incomplete.
(2)Before deciding to allow or disallow the claim, the commission must decide whether to give a direction to rectify or remedy the work under section 72 of the Act.68Time for complying with direction to end before making decision on claim(1)This section applies if the commission gives a direction to rectify residential construction work under section 72 of the Act.(2)The commission must not make a decision to allow or disallow a claim under the statutory insurance scheme in relation to the work until the period for complying with the direction has ended.(3)However, the commission may make a decision to allow or disallow the claim before the period for complying with the direction has ended if—(a)the licensed contractor dies; or(b)the licensed contractor is a company and the company no longer exists; or(c)both of the following apply—(i)the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction;(ii)the licensed contractor’s licence is cancelled.
69Notice of approval of claim(1)If the commission decides to allow or disallow a claim under the statutory insurance scheme, the commission must, as soon as practicable after making the decision, give written notice of the decision to—(a)the person making the claim; and(b)the licensed contractor who carried out the residential construction work the subject of the claim.
(2)The notice given to the person making the claim must also include the reasons for the decision.70Consumer to act in good faith(1)A consumer for residential construction work has a duty to the commission to act in good faith in relation to a claim for assistance.Example of acting in good faith—disclosing to the commission any matter the consumer knows, or ought reasonably to know, is relevant to the commission making a decision on the claim(2)Subsection (3) applies if the commission makes a payment on a claim under the statutory insurance scheme and the consumer making the claim has not acted in good faith in relation to the claim.(3)The commission may recover, as a debt payable by the consumer, the amount by which the payment exceeds the amount the commission would have paid if the consumer had acted in good faith in relation to the claim.71Payment of claim for demolishing work(1)This section applies if the commission allows a claim for assistance mentioned in section 7(3).(2)The commission must not pay an amount under section 7(3)(b) until the built work the subject of the claim has been demolished.72Priority of payment on claim(1)This section applies if the commission allows a claim for assistance in relation to residential construction work for 2 or more detached dwellings, or a duplex or multiple dwelling, in a community titles scheme.(2)The commission must pay the claim in the following priority—(a)firstly, for work for the common property for which the residential construction work the subject of the claim was carried out;(b)secondly, for any building work reasonably required to be carried out to the detached dwellings, or a residential unit in the duplex or multiple dwelling, as a consequence of the work for the common property;(c)thirdly, for work for the detached dwellings, or a residential unit in the duplex or multiple dwelling, for which the residential construction work the subject of the claim was carried out.
73Way of making payment on claim(1)If the commission allows a claim for assistance, the commission must pay the claim in 1 or more of the following ways decided by the commission—(a)pay all or part of the claim to the licensed contractor, approved by the commission, who has contracted with the consumer making the claim to—(i)carry out work the subject of the claim; or (ii)demolish the built work as mentioned in section 7(3)(a);
(b)pay all or part of the claim to the licensed contractor appointed by the commission to—(i)carry out work the subject of the claim; or (ii)demolish the built work as mentioned in section 7(3)(a);
(c)pay all or part of the claim to the consumer making the claim;(d)if the claim is in relation to work on a building in a community titles scheme and the commission is satisfied the consumer making the claim owes a contribution or levy to the body corporate for the community titles scheme under the Body Corporate and Community Management Act 1997—pay all or part of the claim to the body corporate to the extent necessary to cover the amount owed by the consumer to the body corporate;(e)if the consumer making the claim is a body corporate and the body corporate gives the commission a signed notice requesting all or part of the claim to be paid to 1 or more lot owners—pay all or part of the claim to 1 or more of the lot owners as stated in the notice.
(2)However, the commission may decide not to make a payment under subsection (1)(a) to a licensed contractor if the consumer—(a)has a retention amount under the contract for the residential construction work the subject of the claim; and(b)has not paid the retention amount to the licensed contractor.
(3)In this section—retention amount, for a contract, means an amount—(a)payable as part of the contract price that, under the contract, may be withheld from payment to the licensed contractor—(i)during the progress of the residential construction work the subject of the contract; or(ii)for a period after the completion of the residential construction work the subject of the contract; or(iii)both during the progress of the residential construction work the subject of the contract and for a period after the completion of the residential construction work the subject of the contract; and
(b)withheld for the purpose of giving financial protection to the consumer in relation to the need to correct defects in the residential construction work, or otherwise to secure, wholly or partly, the performance of the contract.
74Payment of claim includes taxIf the commission makes a payment on a claim under the statutory insurance scheme, the payment is inclusive of any tax payable on the amount paid.Schedule 7Feessection 58$
1Licence application fee for an individual—
(a)contractor’s licence—
(i)for a trade contractor’s licence or design licence to which category SC1 applies365.85
(ii)for a trade contractor’s licence or design licence to which category SC2 applies418.10
(iii)for a builder contractor’s licence to which category SC2 applies418.10
(iv)for a licence to which category 1 or 2 applies565.90
(v)for a licence to which any of categories 3 to 7 applies785.55
(b)nominee supervisor’s licence or site supervisor’s licence209.05
(c)fire protection occupational licence119.00
2Licence application fee for a company—
(a)for a trade contractor’s licence or design licence to which category SC1 applies610.95
(b)for a trade contractor’s licence or design licence to which category SC2 applies697.45
(c)for a builder contractor’s licence to which category SC2 applies697.45
(d)for a licence to which category 1 or 2 applies958.90
(e)for a licence to which any of categories 3 to 7 applies1,308.45
3Licence fee for an individual—
(a)contractor’s licence, for 1 year—
(i)for a trade contractor’s licence or design licence to which category SC1 applies279.35
(ii)for a trade contractor’s licence or design licence to which category SC2 applies349.50
(iii)for a builder contractor’s licence to which category SC2 applies349.50
(iv)for a licence to which category 1 or 2 applies418.10
(b)contractor’s licence, for 3 years—
(i)for a trade contractor’s licence or design licence to which category SC1 applies712.45
(ii)for a trade contractor’s licence or design licence to which category SC2 applies891.30
(iii)for a builder contractor’s licence to which category SC2 applies891.30
(iv)for a licence to which category 1 or 2 applies1,066.15
(v)for a licence to which any of categories 3 to 7 applies1,604.00
(c)nominee supervisor’s licence—
(a)for 1 year209.05
(b)for 3 year533.00
(d)site supervisor’s licence—
(a)for 1 year209.05
(b)for 3 year533.00
(e)fire protection occupational licence—
(a)for 1 year119.00
(b)for 3 year303.40
4Licence fee for a company—
(a)for 1 year—
(i)for a trade contractor’s licence or design licence to which category SC1 applies558.65
(ii)for a trade contractor’s licence or design licence to which category SC2 applies697.45
(iii)for a builder contractor’s licence to which category SC2 applies697.45
(iv)for a licence to which category 1 or 2 applies837.95
(v)for a licence to which any of categories 3 to 7 applies1,256.05
(b)for 3 years—
(i)for a trade contractor’s licence or design licence to which category SC1 applies1,424.45
(ii)for a trade contractor’s licence or design licence to which category SC2 applies1,778.55
(iii)for a builder contractor’s licence to which category SC2 applies1,778.55
(iv)for a licence to which category 1 or 2 applies2,136.65
(v)for a licence to which any of categories 3 to 7 applies3,202.95
5Application for owner-builder permit (Act, s 44(2)(d))411.55
6Issue of—
(a)new licence card (Act, s 34(4))8.30
(b)new licence certificate (Act, s 34(4))29.35
7Inspection of a register at the commission’s offices (Act, s 103D)40.85
8Request for insurance information statement45.75
9Restoration of licence (Act, s 39(3)(b))119.00
Schedule 8Dictionarysection 3approved managerial qualification, for an individual applying for a contractor’s or nominee supervisor’s licence, means either of the following courses provided by a registered training organisation—(a)Establish legal and risk management requirements of small business BSBSMB401;(b)another course that the commission considers is at least equivalent to the course mentioned in paragraph (a).
builder contractor’s licence means—(a)a licence of a class mentioned in schedule 2, any of parts 4 to 10; or(b)a licence of any of the following classes mentioned in section 60—(i)building restricted to alterations and additions;(ii)building restricted to external finishes;(iii)building restricted to building removal;(iv)building restricted to renovations, repairs and maintenance;(v)building restricted to repairs and maintenance;(vi)building restricted to non-structural renovations.
building certifier see the Building Act 1975, section 8.Building Code of Australia see the Building Act 1975, section 12.building envelope, for a residence or related roofed building, see section 67WC(3) of the Act.built work, for schedule 6, see schedule 6, section 2.certify, for schedule 2, other than part 6, and schedule 3, means to give advice or a report, including a certificate, stating that a fire protection system complies with Australian and international standards, Building Code of Australia requirements and manufacturer’s specifications after conducting a survey of the system.class, for a building, means the class for the building under the Building Code of Australia.common property, for a community titles scheme, see the Body Corporate and Community Management Act 1997, section 10.conviction, of a person for a demerit offence, see section 67AQ of the Act.def conviction ins 2018 SL No. 177 s 23defective work, for schedule 6, see schedule 6, section 14.defined event, for schedule 6, see schedule 6, section 2.design licence means a licence of a class mentioned in schedule 2, any of parts 11 to 13 or 38.detached dwelling means a residence that is a single detached dwelling or manufactured home.drainer—on-site sewerage facility licence, for schedule 2, part 20, see schedule 2, part 20, section 6.duplex means a building comprising 2 residential units.electrical mechanic licence means—(a)an electrical mechanic licence issued under the Electrical Safety Regulation 2013; or(b)an electrical contractor licence issued under the Electrical Safety Regulation 2013, if the person to whom the licence is issued, previously held an electrical mechanic licence under that regulation.
ends, for a fixed price residential contract, for schedule 6, see schedule 6, section 4.fire, for schedule 6, see schedule 6, section 2.fire protection licence means a licence of a class mentioned in—(a)schedule 2, any of parts 22 to 33; or(b)schedule 3.
fixed price residential contract, for schedule 6, see schedule 6, section 3.forcible removal, of built work, for schedule 6, see schedule 6, section 2.gas system, for schedule 2, part 36, see schedule 2, part 36, section 6.gas work, for schedule 2, part 36, see schedule 2, part 36, section 6.gas work authorisation, for schedule 2, part 36, see schedule 2, part 36, section 6.gas work licence, for schedule 2, part 36, see schedule 2, part 36, section 6.general repair means a repair that is not carried out in connection with the preparation of a record of maintenance within the meaning of the Building Fire Safety Regulation 2008.incomplete work provisions, for schedule 6, see schedule 6, section 2.insolvent, for schedule 6, see schedule 6, section 2.inspect and test, for schedules 2 to 4, means—(a)to inspect by visual examination the components of fire protection systems or equipment to establish correct settings, physical condition or fitness for purpose; or(b)to test, after inspecting, by the confirmation of correct function or performance of a fire protection system or components of a fire protection system.
install, for schedule 2, parts 22, 23 and 25 to 30 and schedules 3 and 4, means—(a)place a fire protection system in position ready for use; or(b)restore a fire protection system to its original operating specifications; or(c)alter a fire protection system; or(d)provide a statement in relation to work mentioned in paragraph (a), (b) or (c) about the installation of the fire protection system.
insurance information statement, about land or a manufactured home, means a written statement about—(a)whether cover under the statutory insurance scheme is in force for residential construction work relating to the land or manufactured home; and(b)if cover under the statutory insurance scheme is in force—whether a claim has been made under the scheme and any amount paid on the claim.
interested party, for a building, means a party or prospective party to a contract of sale for the building.interest schedule lot entitlement, for schedule 6, see schedule 6, section 2.liability amount, for a consumer for residential construction work, for schedule 6, see schedule 6, section 2.licence fee means the fee payable on application for, or renewal of, a licence.licensed contractor, for schedule 6, see schedule 6, section 2.living unit means a living unit as mentioned in section 39.lot, for schedule 6, see schedule 6, section 2.maintain, for schedule 2, any of parts 22, 23 and 25 to 30 and schedules 3 and 4, means—(a)inspect and test a fire protection system and any other fire safety measures to ensure continued operation at their original performance levels and in accordance with any relevant Australian Standards; or(b)repair or replace defective components to keep a fire protection system in a working order according to original specifications; or(c)carry out lubrication, cleaning, adjustment and replacement of parts for the purpose of minimising faults or malfunctions of a fire protection system; or(d)prepare a record of maintenance carried out in relation to work mentioned in paragraph (a), (b) or (c).
manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10.minimum financial requirements policy ...def minimum financial requirements policy om 2018 SL No. 218 s 32multiple dwelling means a building comprising 2 or more separate residential units, other than a duplex.prime cost item, for a fixed price residential contract, for schedule 6, see schedule 6, section 2.private property includes a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994.provisional sum, for a fixed price residential contract, for schedule 6, see schedule 6, section 2.rectification work, for schedule 6, see schedule 6, section 15(1).registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.reinstatement work, for schedule 6, see schedule 6, section 10(2).storm, for schedule 6, see schedule 6, section 2.structural defect, for primary insurable work, for schedule 6, see schedule 6, section 2.substantially complete, for residential construction work, for schedule 6, see schedule 6, section 2.supporting structure, for a sign, is a structure the main purpose of which is to display the sign, including any structure attached to or suspended from a building to allow the sign to be displayed, including, for example, a sign case or other box-type structure, but does not include the building.survey, for the definition certify, means a visual inspection of a fire protection system to identify if the system has been altered, damaged or compromised.swimming pool see the Building Act 1975, schedule 2.technical qualifications document means the document called ‘Technical Qualifications for Licensing’ made by the chief executive and published on the department’s website.terrorist act, for schedule 6, see schedule 6, section 2.trade contractor’s licence means a licence other than a builder contractor’s licence.Type A, for construction, means Type A construction under the Building Code of Australia.Type B, for construction, means Type B construction under the Building Code of Australia.unrestricted electrical contractor licence means an electrical contractor licence under the Electrical Safety Act 2002 that does not include any conditions or restrictions.vandalism, of built work, for schedule 6, see schedule 6, section 2.