1Short titleThis regulation may be cited as the Queensland Building and Construction Commission (Fire Protection Licensing) Amendment Regulation 2021.2Regulation amendedThis regulation amends the Queensland Building and Construction Commission Regulation 2018.3Insertion of new pt 9, div 6Part 9—insert—Division 6Transitional provisions for Queensland Building and Construction Commission (Fire Protection Licensing) Amendment Regulation 2021Subdivision 1Preliminary87Definition for divisionIn this division—former, for a provision of this regulation, means the provision as in force immediately before 1 May 2021.Notes—

1The Queensland Building and Construction Commission and Other Legislation (Fire Protection Licensing) Amendment Regulation 2020, part 4, division 3 commenced on 1 May 2021.

2See also sections 80, 81, 82 and 83.

Subdivision 2Scope of work for particular transitioned licences88Scope of work for particular transitioned licences(1)This section applies in relation to a licence (the transitioned licence) if—

(a)the transitioned licence was taken, under section 82(2), to be a licence of the class mentioned in schedule 2, part 26, section 1(4); and

(b)immediately before 1 May 2021, the transitioned licence was a licence of a relevant former class.

(2)This section also applies in relation to a licence (also the transitioned licence) if—

(a)the transitioned licence is of the class mentioned in schedule 2, part 26, section 1(4); and

(b)the transitioned licence was granted, renewed or restored under section 83(2), (3) or (4); and

(c)the application or request mentioned in section 83(2), (3) or (4) related to a licence of a relevant former class.

(3)However, this section does not apply in relation to the transitioned licence—

(a)before 31 March 2022; or

(b)while—

(i)if the licensee is a company—the licensee’s nominee holds 1 or more of the required qualifications; or

(ii)otherwise—the licensee holds 1 or more of the required qualifications.

(4)The scope of work for the transitioned licence is taken to be—

(a)install and maintain fire hydrant systems, with or without pumps; and

(b)install and maintain fire hose reels, with or without pumps; and

(c)install fire collars, if the installation is incidental to work mentioned in paragraph (a) or (b).

(5)This section applies despite sections 82, 83 and 84 and schedule 2, part 26, section 2(5).(6)In this section—relevant former class, of licence, means a class of licence mentioned in—

(a)schedule 2, former part 27, section 1(2); or

(b)schedule 2, former part 28, section 1(2).

required qualifications means—

(a)successful completion of Certificate III in fire protection (CPC32813); or

(b)a current restricted licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, column 1, item 5 (water plumber—fire protection (commercial and industrial)); or

(c)a current plumbers licence, or current provisional plumbers licence, with an endorsement mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 4, column 1, item 3 (fire protection—commercial and industrial); or

(d)the technical qualifications for a licence of the class mentioned in schedule 2, part 26, section 1(4).

Subdivision 3Applications for licences of particular former classes89Definitions for subdivisionIn this subdivision—continuing provision, for a licence of a relevant former class, means a former provision of this regulation stated opposite the class in—

(a)schedule 7A, part 3, column 2; or

(b)schedule 7A, part 4, column 2.

relevant former class, of licence, means a class of licence mentioned in—

(a)schedule 7A, part 3, column 1; or

(b)schedule 7A, part 4, column 1.

90Existing applications for licences of relevant former classes(1)This section applies if—

(a)before 1 May 2021, a person made an application for a licence of a relevant former class; and

(b)immediately before the commencement, the application had not been decided, withdrawn or otherwise finally dealt with.

(2)The commission may decide the application as if each continuing provision for the licence had continued in force from 1 May 2021.(3)If the commission grants the application, the licence may be held and renewed by the person as if each continuing provision for the licence had continued in force from 1 May 2021.91New applications for licences of relevant former classes(1)This section applies if—

(a)before 1 May 2021, a person made an application (the initial application) for a licence of a relevant former class; and

(b)on or after 1 May 2021, but before the commencement—

(i)the commission rejected the application; or

(ii)the commission otherwise refused to grant the application; or

(iii)the application was withdrawn.

(2)The person may, before 1 May 2022, make an application (the further application) for a licence of the relevant former class.(3)Payment of a fee mentioned in schedule 7, item 1, 2, 3 or 4 is waived for the further application if the fee, as it was in force under schedule 7 from time to time before 31 May 2021—

(a)was paid in relation to the initial application; and

(b)has not been refunded before the making of the further application.

(4)The commission may decide the further application as if each continuing provision for the licence had continued in force from 1 May 2021.(5)If the further application is granted, the licence may be held and renewed by the person as if each continuing provision for the licence had continued in force from 1 May 2021.4Amendment of sch 4 (Fire protection work by employees)Schedule 4, item 5, column 1, ‘detection, alarm and warning’—omit, insert—alarm