Building Act 1975An Act to regulate building development approvals, building work, building classification, building certifiers and pool safety inspectors, and to provide for particular matters about swimming pool safety and sustainable buildings, and for other purposesLong title sub 1993 No. 70s 804 schamd 1998 No. 13s 4sub 2006 No. 36s 4amd 2009 No. 51s 4; 2010 No. 21s 4Chapter 1Preliminarych hdg ins 2006 No. 36s 5Part 1Introductionpt hdg sub 2006 No. 36s 51Short titleThis Act may be cited as the Building Act 1975.s 1 amd 1998 No. 13s 5sub 2006 No. 36s 52Act binds all persons(1)This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.(2)Nothing in this Act makes the State liable to be prosecuted for an offence.s 2 prev s 2 om 1998 No. 13s 6pres s 2 sub 1978 No. 47s 4amd 1981 No. 53s 4; 1984 No. 45s 4; 1991 No. 52s 2.3; 1993 No. 70s 804 sch; 1994 No. 49s 6sch 2; 1994 No. 64s 293sch 4; 1997 No. 26s 57 schsub 1998 No. 13s 7; 2006 No. 36s 53Simplified outline of main provisions of Act(1)Chapter 2 provides for what building work is assessable development or accepted development for the Planning Act.(2)Chapter 3 imposes requirements, in addition to those under the Planning Act, for making a building development application.(3)Chapter 4—(a)provides for the laws and other documents for the assessment of building development applications; and(b)provides for who is responsible for carrying out building assessment work for building development applications; and(c)regulates the assessment and approval of building development applications.
(4)Chapter 5—(a)provides for the giving of final inspection certificates and other inspection documentation for particular buildings; and(b)provides for the giving of certificates of classification for other buildings; and(c)regulates the making of BCA classification or use changes; and(d)restricts the occupation and use of particular buildings.
(5)Chapter 6—(a)regulates private certifiers and other building certifiers and the performance of building and private certifying functions; and(b)regulates the engagement of private certifiers; and(c)provides for the licensing of, and complaints, investigations, and disciplinary proceedings against, private certifiers and other building certifiers.
(6)Chapter 7 makes provisions about fire safety for budget accommodation buildings.(7)Chapter 7A makes provision about fire safety for particular residential care buildings.(8)Chapter 8 provides for matters about swimming pool safety, including the establishment of the Pool Safety Council and the regulation of swimming pool fencing.(9)Chapter 8A regulates the effect of particular instruments in relation to stated matters for class 1a, 2 or 10a buildings.(10)Chapter 8B provides for the designation of land as a transport noise corridor for particular building assessment work.(11)Chapter 9 provides for the giving of show cause and enforcement notices for particular building work.Note—The QBCC Act also provides for enforcement action relating to building work.s 3 prev s 3 om 1991 No. 52s 2.2pres s 3 sub 1998 No. 13s 9Note—s 3 prev contained definitions for this Act. Definitions are now located in the schedule—Dictionary. Annotations for definitions contained in s 3 are now located in the annotations for the schedule.amd 2004 No. 53s 2 schsub 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2009 No. 51s 5; 2010 No. 21s 5; 2011 No. 27s 224; 2012 No. 8s 4; 2016 No. 27 s 37; 2017 No. 29 s 34 sch 1Part 2Interpretationpt hdg amd 1993 No. 70s 804 schsub 1998 No. 13s 10; 2006 No. 36s 5Division 1Dictionarydiv hdg ins 2006 No. 36s 54DefinitionsThe dictionary in schedule 2 defines particular words used in this Act.s 4 amd 1984 No. 114s 5sub 1993 No. 70s 804 sch; 1993 No. 76s 3sch 1amd 1995 No. 57s 4sch 2sub 1998 No. 13s 10amd 2002 No. 77s 162sub 2006 No. 36s 54AUse of Crown buildings in emergencys 4A ins 1991 No. 52s 2.4amd 1993 No. 70s 804 schom 1998 No. 13s 8Division 2Key definitionsdiv hdg ins 2006 No. 36s 55What is building work(1)Building work is—(a)building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; or(b)excavating or filling—(i)for, or incidental to, the activities mentioned in paragraph (a); or(ii)that may adversely affect the stability of a building or other structure, whether on the land on which the building or other structure is situated or on adjoining land; or
(c)supporting, whether vertically or laterally, land for activities mentioned in paragraph (a); or(d)other work regulated under the building assessment provisions.
(2)For subsection (1)(d), work includes a management procedure or other activity relating to a building or structure even though the activity does not involve a structural change to the building or structure.Examples—•a management procedure under the fire safety standard relating to a budget accommodation building•a management procedure under the fire safety standard (RCB) relating to a residential care building
s 5 prev s 5 om R1 (see RA s 39)pres s 5 ins 1998 No. 13s 10sub 2006 No. 36s 5amd 2011 No. 27s 225; 2016 No. 27 s 386What is a building development application(1)A building development application is—(a)a development application for a development approval—(i)if the local government is the assessment manager for the application—to the extent the application is for building work that, under the Planning Act, must be assessed against the building assessment provisions; andNote—For the functions of a local government in relation to building development applications, see section 51.(ii)if a private certifier is the assessment manager for the application—for building work; or
(b)a change application, other than a minor change application, to change a development approval—(i)if the development approval approves building work—in relation to the building work; or(ii)otherwise—to approve building work.
(2)However, if a local government is the responsible entity for a change application, the application is a building development application only to the extent the building work mentioned in subsection (1)(b)(i) or (ii) must, under the Planning Act, be assessed against the building assessment provisions.(3)In this section—minor change application means a change application for a minor change to a development approval, as defined in the Planning Act.s 6 prev s 6 om 1993 No. 76s 3sch 1pres s 6 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2sub 2017 No. 12 s 6; 2016 No. 27 s 39 (amd 2017 No. 12 s 63)7What is building assessment workBuilding assessment work is the assessment, under the building assessment provisions, of a building development application for compliance with those provisions.s 7 prev s 7 om 1993 No. 76s 3sch 1pres s 7 ins 2006 No. 36s 58Who is a building certifier(1)A building certifier is an individual who, under chapter 6, part 3, is licensed as a building certifier.(2)A reference to building certifier includes a reference to a private certifier.(3)In chapter 6, the term also includes a reference to a former building certifier.s 8 prev s 8 om R2 (see RA s 39)pres s 8 ins 2006 No. 36s 59Private certifiers and their classes(1)A private certifier is a building certifier whose licence has, under section 160, private certification endorsement.(2)A private certifier (class A) is a private certifier whose licence has development approval endorsement.(3)A private certifier (class B) is a private certifier whose licence does not have development approval endorsement.s 9 prev s 9 sub 1978 No. 47s 6amd 1981 No. 53s 5; 1984 No. 45s 6; 1987 No. 69s 4; 1990 No. 107s 4.2om 1993 No. 76s 3sch 1pres s 9 ins 2006 No. 36s 510What is a building certifying functionA building certifying function is doing any of the following—(a)carrying out building assessment work, other than a part of building assessment work that, under section 46, a referral agency may carry out;(b)the giving of a certificate (a compliance certificate) in the approved form that, other than for aspects of building assessment work that under section 46 must be assessed by a referral agency, states building work complies with the building assessment provisions;(c)for a building development approval—inspecting the building work to decide whether to certify the work;(d)for building work for a single detached class 1a building or a class 10 building or structure, the giving of—(i)a certificate in the approved form for the stage of the building work that is after excavation of foundation material and before the footings for the building are laid; and(ii)a certificate (a final inspection certificate) in the approved form for the final stage of the building work;
(e)the giving of a certificate of classification for a building or structure of another class.
s 10 prev s 10 om 1996 No. 76s 3sch 1pres s 10 ins 2006 No. 36s 5amd 2016 No. 27 s 4011Who is the assessment manager for a building development application(1)Generally, the assessment manager for a building development application is the assessment manager for the application under the Planning Act, section 48(1).(2)However, if under section 48 a private certifier (class A) is performing functions for the application, the certifier is the assessment manager for the application.s 11 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 4111ABy-laws prescribing requirements as to erection of buildings of Class I and X under Standard Building By-lawss 11A om 1987 No. 69s 512What is the Building Code of Australia (or BCA)(1)The Building Code of Australia (or BCA) is the edition, current at the relevant time, of the Building Code of Australia (including the Queensland Appendix) published by the body known as the Australian Building Codes Board.(2)A reference to the code includes the edition as amended from time to time by amendments published by the board.s 12 prev s 12 amd 1991 No. 52s 2.14; 1993 No. 70s 804 schsub 1998 No. 13s 10om 2006 No. 36s 5pres s 12 ins 2006 No. 36s 512ABy-laws Variation Subcommittees 12A om 1991 No. 52s 2.612AADelegate member of By-laws Variation Subcommittees 12AA om 1991 No. 52s 2.612BVariation of Standard Building By-lawss 12B sub 1984 No. 45s 10amd 1991 No. 52s 2.7; 1993 No. 70s 804 schom 1998 No. 13s 1012BAConstitution of building tribunals 12BA ins 1991 No. 52s 2.8amd 1993 No. 70s 804 schom 1998 No. 13s 1012CDetermination of application to varys 12C sub 1984 No. 45s 11amd 1991 No. 52s 2.9om 1998 No. 13s 1012DEffect of variations 12D ins 1981 No. 53s 6amd 1984 No. 45s 12; 1991 No. 52s 2.10; 1993 No. 70s 804 schom 1998 No. 13s 1012EPublic notice of guideliness 12E orig s 12E ins 1981 No. 53s 6amd 1984 No. 45s 13; 1991 No. 52s 2.11; 1993 No. 70s 804 schom 1998 No. 13s 10prev s 12E ins 2002 No. 7s 4om 2006 No. 36s 1112FAccess to guideliness 12F orig s 12F ins 1981 No. 53s 6amd 1984 No. 45s 14; 1991 No. 52s 2.12om 1998 No. 13s 10prev s 12F ins 2002 No. 7s 4om 2006 No. 36s 1112GEffect of committee’s decisions 12G ins 1981 No. 53s 6amd 1991 No. 52s 2.13om 1998 No. 13s 1012KAppeals about conformity with fire safety standards 12K ins 2002 No. 7s 4amd 2005 No. 14s 2 schom 2006 No. 36s 1612QDevelopment approval for building work for budget accommodation buildingss 12Q ins 2002 No. 7s 4amd 2006 No. 11s 84om 2006 No. 36s 2213What is the Queensland Development Code (or QDC)(1)The Queensland Development Code (or QDC) is the parts, or aspects of the parts, of the document called ‘Queensland Development Code’ published by the department and stated in schedule 1.(2)The chief executive may amend the QDC by—(a)adding another part to it; or(b)amending or replacing a part, or an aspect of a part, stated in schedule 1 or added under paragraph (a), or any amendment or replacement of the part or aspect.
(3)However, the amendment does not take effect until the chief executive publishes the amendment on the department’s website and a regulation approves the amendment.(4)The regulation must state the day on which the amendment was published.(5)A reference to the QDC is taken to include any amendment under subsection (2) that has taken effect.s 13 prev s 13 ins 1993 No. 70s 804 schsub 1998 No. 13s 12amd 2002 No. 77s 165om 2006 No. 36s 27pres s 13 ins 2006 No. 36s 514When building work complies with the BCA or QDC(1)This section applies if in this Act there is a reference to building work complying with—(a)the BCA or QDC; or(b)the building assessment provisions to the extent they include the BCA and QDC.
(2)Building work complies with the BCA or QDC (the code) only if it complies with all relevant performance requirements under the code.(3)For subsection (2), the building work complies with a relevant performance requirement only if it achieves a relevant building solution under the code for the requirement.(4)For subsection (3), a relevant building solution is achieved for a performance requirement only by—(a)complying with the following (the relevant requirement)—(i)if the code is the BCA—the relevant deemed-to-satisfy provisions under the BCA for the performance requirement;(ii)if the code is the QDC—the relevant acceptable solution under the QDC for the performance requirement; or
(b)formulating an alternative solution that—(i)complies with the performance requirement; or(ii)is shown to be at least equivalent to the relevant requirement; or
(c)a combination of paragraphs (a) and (b).
s 14 ins 2006 No. 36s 514AInterpretations 14A om 1991 No. 52s 2.1514BModification of Standard Building By-Lawss 14B om 1991 No. 52s 2.1514CBy-laws (Expo ‘88) Variation Committees 14C om 1991 No. 52s 2.1514DRemunerations 14D om 1991 No. 52s 2.1514EQuorums 14E om 1991 No. 52s 2.1514FPresiding at meetingss 14F om 1991 No. 52s 2.1514GApplication of certain sectionss 14G om 1991 No. 52s 2.15Division 3Other referencesdiv hdg ins 2006 No. 36s 515References to changed BCA or QDC provisionSection 14H of the Acts Interpretation Act 1954 applies to a reference to the BCA or QDC as if the reference were a reference to a law.s 15 prev s 15 amd 1991 No. 52s 2.17om 1998 No. 13s 11pres s 15 ins 2006 No. 36s 516Reference in Act to applicants, development, assessment managers, referral agencies, building work or building certifiers(1)In a provision of this Act about a building development application, a reference to any of the following persons or matters is a reference to the person or matter stated for the referred person or matter—(a)the applicant—the person who made the application;(b)building work—building work to which the application relates;(c)the building—the building to which the application relates;(d)the development—the development to which the application relates;(e)the assessment manager—(i)if the application is a development application—the assessment manager for the application; or(ii)if the application is a change application—the responsible entity for the application;
(f)a referral agency—a referral agency for the application;(g)the decision notice—the decision notice for the application.
(2)In a provision of this Act about a building development approval, a reference to any of the following persons or matters is a reference to the person or matter stated for the referred person or matter—(a)the applicant—the person who applied for the approval;(b)building work—building work the subject of the approval;(c)the building—the building the subject of the approval;(d)the development—the development the subject of the approval;(e)the building certifier—the building certifier who performed, or is performing, building certifying functions for the relevant building development application or the approval.
(3)In a provision of this Act about a building or building work a reference to any of the following persons or matters is a reference to the person or matter stated for the referred person or matter—(a)the building development approval—each building development approval to which the building or building work is subject;(b)the assessment manager—the assessment manager or responsible entity for the building development application for the building development approval to which the building or building work is subject.
s 16 prev s 16 amd 1979 No. 69s 4(2); 1984 No. 45s 16; 1991 No. 52s 2.18; 1993 No. 70s 804 schom 1998 No. 13s 11pres s 16 ins 2006 No. 36s 5amd 2016 No. 27 s 4217Reference in Act to local governmentIn a provision of this Act, a reference to a local government, for any of the following matters, means the local government for the area stated for the matter—(a)a building or proposed building—the area in which the building is, or is proposed to be, situated;(b)building work or other work—the area in which the work is, or is proposed to be, carried out;(c)a building development application or development approval—the area in which the building work is, or is proposed to be, carried out;(d)a regulated pool—the area in which the pool is situated.
s 17 prev s 17 om 1998 No. 13s 11pres s 17 ins 2006 No. 36s 5amd 2010 No. 21s 618Reference to local government in provision about building development applicationIf—(a)a provision of this Act about a building development application refers to the local government; and(b)under the Planning Act, an entity other than the local government or a private certifier is the assessment manager;
the provision applies as if the reference to the local government were a reference to the entity.s 18 prev s 18 amd 1984 No. 114s 9; 1991 No. 52s 2.19om 1998 No. 13s 11pres s 18 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 4319Reference to a proposed building or structureIn this Act—(a)a reference to a building or structure includes a reference to a proposed building or structure; and(b)a reference to the owner of a building or structure is a reference to the person who, if the proposed building or structure were completed, would be its owner; and(c)a reference to the use of a proposed building or structure is a reference to its proposed use on its completion.
s 19 prev s 19 amd 1991 No. 52s 2.20; 1993 No. 70s 804 schom 1998 No. 13s 11pres s 19 ins 2006 No. 36s 519ABuilding tribunalss 19A ins 1991 No. 52s 2.21om 1998 No. 13s 1119BMembership of building tribunals 19B ins 1991 No. 52s 2.21amd 1993 No. 70s 804 schom 1998 No. 13s 1119CProcedure of building tribunals 19C ins 1991 No. 52s 2.22om 1998 No. 13s 1119DConstitution of building tribunals 19D ins 1991 No. 52s 2.22om 1998 No. 13s 1119EReferee not to act as member of building tribunal in certain casess 19E ins 1991 No. 52s 2.22om 1998 No. 13s 11Chapter 2When building work is assessable development or accepted developmentNotes—1For the development assessment process under the Planning Act and offences against the Planning Act, including development offences, see the Planning Act, chapters 3 and 5.2See chapters 3 and 4 for other provisions for applying for and obtaining a building development approval and for assessing building work.
ch hdg ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2sub 2016 No. 27 s 44ch 2 note sub 2016 No. 27 s 4420Building work that is assessable development for the Planning ActAll building work is assessable development, unless the building work is accepted development under section 21(2) or a regulation made under the Planning Act.s 20 orig s 20 sub 1991 No. 52s 2.23om 1998 No. 13s 11prev s 20 ins 1993 No. 70s 804 schsub 1998 No. 13s 12amd 2003 No. 53s 9; 2005 No. 14s 2 schom 2006 No. 36s 32pres s 20 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2009 No. 51s 6; 2016 No. 27 s 4520ABuilding Industry Complaints Tribunals 20A om 1991 No. 52s 2.2420BAppointment of members of Tribunals 20B om 1991 No. 52s 2.2420CTerm of Appointment of Tribunal members 20C om 1991 No. 52s 2.2420DCasual vacanciess 20D om 1991 No. 52s 2.2420EFunctions of Tribunals 20E om 1991 No. 52s 2.2420FProceedings of Tribunals 20F om 1991 No. 52s 2.2420GSecretary to assist Tribunals 20G om 1991 No. 52s 2.2421Building work that is accepted development for the Planning Act(1)Subsection (2) applies to the extent a regulation made under the Planning Act prescribes that this Act may declare building work to be accepted development.(2)Building work is declared to be accepted development for the Planning Act if—(a)the building work is prescribed by regulation; and(b)if the regulation states that the building work must comply with the relevant provisions—the building work complies with the relevant provisions for the building work.
(3)Building work that is accepted development under a regulation made under the Planning Act or subsection (2) is accepted building work.(4)Subsection (2) is subject to section 37.(5)In this section—relevant provisions, for building work, means—(a)if alternative provisions under section 33, or provisions as varied under section 44 (varied provisions), apply to all or part of the building work—(i)the alternative provisions or varied provisions; and(ii)any relevant deemed-to-satisfy provision under the BCA or relevant acceptable solution under the QDC for the work, other than the QDC boundary clearance and site cover provisions; and(iii)any other building assessment provision applying to the work; or
(b)if no alternative provisions under section 33, or varied provisions, apply to all or part of the building work—(i)any relevant deemed-to-satisfy provision under the BCA or relevant acceptable solution under the QDC for the work; and(ii)any other building assessment provision applying to the work.
s 21 prev s 21 om 1998 No. 13s 11pres s 21 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2009 No. 51s 7; 2016 No. 27 s 4622Building work that is exempt development for the Planning Acts 22 orig s 22 amd 1978 No. 47s 7; 1987 No. 69s 6; 1991 No. 52s 2.25; 1995 No. 57s 4sch 2om 1998 No. 13s 11prev s 22 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2om 2016 No. 27 s 47Chapter 3Additional requirements for building development applicationsNote—For the general requirements for development applications and change applications, see the Planning Act, sections 51 and 79.ch hdg ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2ch 3 note sub 2016 No. 27 s 48Part 1Requirements for supporting documentspt hdg ins 2006 No. 36s 523Operation of pt 1This part imposes requirements for documents (supporting documents) that under the Planning Act are given or required to be given for a building development application.s 23 prev s 23 amd 1991 No. 52s 2.26om 1998 No. 13s 11pres s 23 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 224Required information for supporting documents(1)Each supporting document must—(a)state the following details of the person who prepared them—(i)the person’s name;(ii)if the person is a designated person—the person’s registration or licence number as a designated person; or
(b)be accompanied by another document that—(i)states the information mentioned in paragraph (a); and(ii)identifies each supporting document.
(2)In this section—designated person means a person who—(a)is an architect under the Architects Act 2002; or(b)is a licensed builder; or(c)under the Queensland Building and Construction Commission Act 1991, holds a licence of any of the following classes—(i)building design—low rise;(ii)building design—medium rise;(iii)building design—open; or
(d)is a registered professional engineer under the Professional Engineers Act 2002.
s 24 prev s 24 om 1998 No. 13s 11pres s 24 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 125General requirements for supporting documents(1)Each supporting document must on its face demonstrate that the carrying out of the building work will comply with the building assessment provisions.(2)Each supporting document must state each of the following—(a)whether any of the following (a relevant authorisation) is necessary for the application—(i)the consent of a registered easement or statutory covenant holder mentioned in section 65(1);(ii)a development permit, preliminary approval or referral agency’s response mentioned in section 83(1);
(b)if the application relates to a relevant authorisation that has not lapsed or been withdrawn—how the application is consistent with the authorisation;(c)if—(i)the application relates to development categorised as accepted development under a planning scheme; and(ii)the development may affect the position, height or form of the building work;
how the building work is consistent with requirements for the development under the planning scheme;(d)if the application requires site works—(i)if they are assessable development—how they comply with the building assessment provisions; or(ii)if they are accepted building work—their location and type.
s 25 prev s 25 amd 1991 No. 52s 2.27om 1998 No. 13s 11pres s 25 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2012 No. 3s 132 sch; 2013 No. 5s 94 sch; 2017 No. 12 s 7; 2016 No. 27 s 49 (amd 2017 No. 12 s 64)26Requirements if alternative solution usedIf an alternative solution is used in the supporting documents, the documents must—(a)state—(i)the performance requirements with which the building work purports to comply; and(ii)how the building work complies with the performance requirements; and
(b)contain details of—(i)how the alternative solution is different from the relevant deemed-to-satisfy provisions under the BCA or acceptable solutions under the QDC; and(ii)inspection or test results and other documents or information relied on to prepare the application.
s 26 prev s 26 sub 1991 No. 52s 2.28om 1998 No. 13s 11pres s 26 ins 2006 No. 36s 5Part 2Other requirementspt hdg ins 2006 No. 36s 527Application for building work for budget accommodation buildingA building development application for a budget accommodation building must be accompanied by a fire safety management plan that will, after the building work is carried out, comply with the Fire and Emergency Services Act 1990, section 104FC.s 27 prev s 27 amd 1991 No. 52s 2.29; 1993 No. 70s 804 schom 1998 No. 13s 11pres s 27 ins 2006 No. 36s 5amd 2014 No. 17s 184sch 1 pt 228Application to build regulated poolA building development application for the construction of a regulated pool must also be for the construction of barriers, including any fencing, for the pool.s 28 orig s 28 sub 1978 No. 47s 8amd 1984 No. 114s 10om 1998 No. 13s 11prev s 28 ins 1998 No. 13s 19sub 2002 No. 77s 168om 2006 No. 36s 38pres s 28 ins 2006 No. 36s 5sub 2010 No. 35s 1128AFunction of accreditation standards bodys 28A orig s 28A ins 1978 No. 47s 9om 1998 No. 13s 11prev s 28A ins 2002 No. 77s 169om 2006 No. 36s 3829Application must include required site worksA building development application must include any site works that, under the building assessment provisions, must be carried out as part of or for the development.s 29 orig s 29 amd 1991 No. 52s 2.30om 1998 No. 13s 11prev s 29 ins 1998 No. 13s 19amd 1998 No. 31s 62sub 2002 No. 77s 171om 2006 No. 36s 38pres s 29 ins 2006 No. 36s 529AApplication for licences 29A ins 2002 No. 77s 172om 2006 No. 36s 38Chapter 4Building assessment provisions and assessing building development applicationsch hdg ins 2006 No. 36s 5sub 2016 No. 27 s 50Part 1Laws and other documents applying to building workpt hdg ins 2006 No. 36s 5amd 2016 No. 27 s 51Division 1General provisions about the laws and documents applying to building workdiv hdg ins 2006 No. 36s 5amd 2016 No. 27 s 5230Meaning of building assessment provisionsThe following laws and other documents are the building assessment provisions—(a)chapter 3 and this chapter;(b)the fire safety standard;(c)the fire safety standard (RCB);(d)any provisions of a regulation made under this Act relating to building assessment work or accepted building work;(e)any relevant local law, local planning instrument or resolution made under section 32 or any relevant provision under section 33;(f)the BCA;(g)subject to section 33, the QDC.
s 30 orig s 30 amd 1988 No. 52s 44sch 3; 1991 No. 52s 2.31; 1993 No. 70s 804 schom 1998 No. 13s 11prev s 30 ins 1998 No. 13s 19sub 1998 No. 31s 63; 2002 No. 77s 173om 2006 No. 36s 38pres s 30 ins 2006 No. 36s 5amd 2011 No. 27s 226; 2012 No. 3s 6; 2016 No. 27 s 5330ARestrictions on building certifier without endorsements 30A orig s 30A ins 1978 No. 47s 10amd 1984 No. 45s 18; 1991 No. 52s 2.32; 1993 No. 70s 804 schom 1998 No. 13s 11prev s 30A ins 2002 No. 77s 173om 2006 No. 36s 3830BKeeping registers 30B orig s 30B ins 1978 No. 47s 10sub 1981 No. 53s 7amd 1984 No. 45s 19; 1984 No. 114s 11; 1987 No. 69s 7; 1991 No. 52s 2.33; 1993 No. 70s 804 schom 1998 No. 13s 11prev s 30B ins 2002 No. 77s 173 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 schom 2006 No. 36s 3830BALocal government to tell applicant of planning law requirementss 30BA ins 1984 No. 114s 12sub 1993 No. 70s 804 schom 1998 No. 13s 1130BBTimes within which applications for approval to the carrying out of building work to be decideds 30BB ins 1984 No. 114s 12amd 1991 No. 52s 2.34; 1993 No. 70s 804 schom 1998 No. 13s 1130BCWhen application for approval to the carrying out of building work to be refuseds 30BC ins 1984 No. 114s 12amd 1993 No. 70s 804 schom 1998 No. 13s 1130BDNo right of objection under s 31s 30BD ins 1984 No. 114s 12amd 1991 No. 52s 2.35om 1998 No. 13s 1130BEInterpretations 30BE ins 1984 No. 114s 12om 1993 No. 70s 804 sch30BFApplication of ss 30BA, 30BB and 30BCs 30BF ins 1984 No. 114s 12amd 1993 No. 70s 804 schom 1998 No. 13s 1130BGLocal government to consider amenity and aesthetics on applications to erect certain buildingss 30BG ins 1987 No. 69s 8amd 1991 No. 52s 2.36; amd 1993 No. 70s 804 sch; 1995 No. 57s 4sch 2om 1998 No. 13s 1130BHProvision of security in certain casess 30BH ins 1991 No. 52s 2.37amd 1993 No. 70s 804 schom 1998 No. 13s 1130CInspection of registers 30C orig s 30C ins 1981 No. 53s 8amd 1984 No. 45s 20; 1984 No. 114s 13; 1991 No. 52s 2.38; 1993 No. 70s 804 schom 1998 No. 13s 11prev s 30C ins 2002 No. 77s 173om 2006 No. 36s 3830DApplication of Act etc. to offshore building works 30D ins 1981 No. 53s 9amd 1984 No. 45s 21; 193 No. 70 s 804 schom 1998 No. 13s 1130EMeaning of termss 30E ins 1993 No. 70s 804 schom 1998 No. 13s 1230FControl of swimming pool fencings 30F ins 1993 No. 70s 804 schom 1998 No. 13s 1230IFencing of above-ground outdoor swimming poolss 30I ins 1993 No. 70s 804 schom 1998 No. 13s 1230JIncorporation of buildings as part of fencing—existing swimming poolss 30J ins 1993 No. 70s 804 schom 1998 No. 13s 1230KIncorporation of buildings as part of fencing—new swimming poolss 30K ins 1993 No. 70s 804 schom 1998 No. 13s 1230LFurther provision about incorporation of class 10 building as part of fencings 30L ins 1993 No. 70s 804 schom 1998 No. 13s 1230MVariationss 30M ins 1993 No. 70s 804 schamd 1995 No. 50s 3 schom 1998 No. 13s 1230OExemptions—waterfront lands 30O ins 1993 No. 70s 804 schom 1998 No. 13s 1230PExemptions—land over 4000 m2s 30P ins 1993 No. 70s 804 schom 1998 No. 13s 1230QExemptions—fencing enclosing swimming pool and existing buildings 30Q ins 1993 No. 70s 804 schom 1998 No. 13s 1230REffect of variation or exemption subject to conditionss 30R ins 1993 No. 70s 804 schom 1998 No. 13s 1230TTime for compliances 30T ins 1993 No. 70s 804 schom 1998 No. 13s 1230YLiability of State for offencess 30Y ins 1993 No. 70s 804 schom 1998 No. 13s 1230ZOffencess 30Z ins 1993 No. 70s 804 schom 1998 No. 13s 1231Building assessment provisions are assessment benchmarks for Planning Act(1)Each of the building assessment provisions is an assessment benchmark for the Planning Act for the assessment of building work that is assessable development under section 20.(2)However, for the assessment of the building work under the Planning Act, the building assessment provisions are subject to—(a)how, under this division, the provisions apply to the work; and(b)any variation of them under division 2.
(3)The effect of a building assessment provision mentioned in section 30(a) to (d), (f) or (g) can not be changed under a local law, local planning instrument or local government resolution.(4)A local law, local planning instrument or local government resolution must not include provisions about building work, to the extent a building assessment provision mentioned in subsection (3) applies to the building work.(5)To the extent a local law, local planning instrument or local government resolution does not comply with subsection (4), the local law, local planning instrument or local government resolution is of no effect.(6)Subsections (3) to (5) are subject to sections 32 and 33.s 31 orig s 31 amd 1978 No. 47s 12; 1981 No. 53s 11; 1984 No. 45s 22; 1987 No. 69s 9; 1991 No. 52s 2.39; 1993 No. 70s 804 schom 1998 No. 13s 13prev s 31 ins 1998 No. 13s 19amd 2002 No. 77s 174om 2006 No. 36s 38pres s 31 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2012 No. 3s 7; 2016 No. 27 s 5432Local laws, local planning instruments and local government resolutions that may form part of the building assessment provisionsA local government may make or amend—(a)a local planning instrument that designates, for the BCA or QDC, matters prescribed under a regulation; orExample of a matter that may be prescribed—designated bush fire prone areas for the BCA(b)a provision of a local law or planning scheme or a resolution about an aspect of, or matter related or incidental to, building work prescribed under a regulation; orExamples of aspects that may be prescribed—swimming pool fencing or land liable to flooding(c)alternative provisions under section 33.
s 32 orig s 32 amd 1978 No. 47s 13; 1984 No. 45s 23; 1987 No. 69s 10; 1991 No. 52s 2.40; 1993 No. 70s 804 schom 1998 No. 13s 13prev s 32 ins 1998 No. 13s 19sub 2002 No. 77s 175om 2006 No. 36s 38pres s 32 ins 1998 No. 13s 10sub 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2012 No. 3s 832ATabling of codes 32A ins 2002 No. 77s 175om 2006 No. 36s 3832BNotice of approval of codes 32B ins 2002 No. 77s 175om 2006 No. 36s 3833Alternative provisions to QDC boundary clearance and site cover provisions for particular buildings(1)This section applies for work (relevant work) that—(a)is building assessment work or accepted building work; and(b)is for a single detached class 1 building or a class 10 building or structure located on the same allotment as a single detached class 1 building.
(2)A planning scheme or PDA instrument may include provisions (alternative provisions) that, for relevant work, are alternative or different to the QDC boundary clearance and site cover provisions.(3)However, a planning scheme or PDA instrument may include alternative provisions only if the provisions are a qualitative statement or quantifiable standard.(4)If there are alternative provisions for relevant work, the QDC boundary clearance and site cover provisions only apply to the extent the alternative provisions do not apply to the work.(5)Alternative provisions can not be made other than under a planning scheme or PDA instrument.(6)In this section—PDA instrument means a relevant development instrument for a priority development area, made under the Economic Development Act 2012.qualitative statement means a statement about a performance or outcome sought to be achieved when applicable buildings or structures are completed.quantifiable standard means a standard that achieves a performance or outcome sought under a qualitative statement.s 33 prev s 33 amd 1984 No. 45s 24; 1987 No. 69s 11; 1991 No. 52s 2.41; 1993 No. 70s 804 schom 1998 No. 13s 13pres s 33 ins 2006 No. 36s 5amd 2012 No. 3s 9; 2012 No. 43s 221sch 1; 2016 No. 27 s 5534Relationship between IDAS and other building assessment provisionss 34 orig s 34 amd 1991 No. 52s 2.42; 1993 No. 70s 804 schom 1998 No. 13s 13prev s 34 ins 2006 No. 36s 5om 2016 No. 27 s 5634ADecision for building development application that complies with building assessment provisions(1)This section applies subject to section 83 and the Planning Act, chapter 3.(2)If the assessment manager for a building development application is satisfied the application complies with the building assessment provisions, the assessment manager must approve the application.s 34A ins 2009 No. 36s 872sch 2amd 2016 No. 27 s 5735Relationship between the BCA and the QDCIf the BCA is inconsistent with a part of the QDC, the part prevails to the extent of the inconsistency.s 35 prev s 35 amd 1981 No. 53s 12; 1984 No. 45s 25; 1991 No. 52s 2.43; 1993 No. 70s 804 schom 1998 No. 13s 13pres s 35 ins 2006 No. 36s 535AAmendment of notice of objections 35A ins 1981 No. 53s 13amd 1991 No. 52s 2.44om 1998 No. 13s 1336When building assessment provisions must be applied(1)This section applies subject to sections 37 and 61.(2)Building assessment work, other than building assessment work carried out under section 46, must comply with the building assessment provisions in force when the application is approved.s 36 prev s 36 amd 1991 No. 52s 2.45; 1993 No. 70s 804 schom 1998 No. 13s 13pres s 36 ins 2006 No. 36s 536AAConstitution of building tribunals 36AA ins 1991 No. 52s 2.47om 1998 No. 13s 1336AObjection to building tribunals 36A ins 1984 No. 45s 26amd 1991 No. 52s 2.46om 1998 No. 13s 1336BProcedure on objections 36B ins 1984 No. 45s 26amd 1991 No. 52s 2.48; 1993 No. 70s 804 schom 1998 No. 13s 1336CReference to building tribunals 36C sub 1991 No. 52s 2.49amd 1993 No. 70s 804 schom 1998 No. 13s 1336DPowers of building tribunals 36D ins 1984 No. 45s 26amd 1991 No. 52s 2.50; 1993 No. 70s 804 schom 1998 No. 13s 1336EDisability of members of Tribunals 36E om 1991 No. 52s 2.5136FConstitution of panels 36F ins 1987 No. 69s 12amd 1991 No. 52s 2.52om 1998 No. 13s 1336GDuty of panels 36G ins 1987 No. 69s 12amd 1991 No. 52s 2.53; 1993 No. 70s 804 schom 1998 No. 13s 1336HPowers of panels 36H ins 1987 No. 69s 12om 1998 No. 13s 1336IDecision of panels 36I ins 1987 No. 69s 12amd 1991 No. 52s 2.54; 1993 No. 70s 804 schom 1998 No. 13s 1336JObjection to decisions 36J ins 1991 No. 52s 2.55amd 1993 No. 70s 804 schom 1998 No. 13s 1336KInstitution of objections 36K ins 1991 No. 52s 2.55amd 1993 No. 70s 804 schom 1998 No. 13s 1336LConstitution of building tribunals 36L ins 1991 No. 52s 2.55amd 1993 No. 70s 804 schom 1998 No. 13s 1336MDuty of building tribunals 36M ins 1991 No. 52s 2.56amd 1993 No. 70s 804 schom 1998 No. 13s 1336NPowers of building tribunals 36N ins 1991 No. 52s 2.56amd 1993 No. 70s 804 schom 1998 No. 13s 1336ONotice of determination to be given to partiess 36O ins 1991 No. 52s 2.56om 1998 No. 13s 1337Provision for changes to building assessment provisions(1)This section applies to building work if—(a)the lawful carrying out of the work starts before a building assessment provision is amended; or(b)the building development approval was given before a building assessment provision is amended, but the work does not start before the amendment commences; or(c)a building development application is made for the work before a building assessment provision is amended, but the application is not decided before the amendment commences; or(d)planning for carrying out the work started before a building assessment provision is amended and the building certifier for the building development approval certifies in writing that—(i)substantial progress was made on the design of the building, or the design was completed, before the amendment; and(ii)the design would need to be changed to comply with the amended provision; and(iii)the changes needed under subparagraph (ii) are not minor changes, having regard to the amendment and the nature of the building work.Example of a change to a design that is not a minor change—the removal of floors from a design to comply with an amended building assessment provision requiring the installation of water tanks in a building
(2)Despite the amendment, a building development approval for the work may be given if the approval is given under the building assessment provisions in force immediately before the amendment.(3)For subsection (1)(a) the work is lawfully carried out if it is carried out under the building assessment provisions in force immediately before the amendment.(4)For subsections (1) and (3), an amendment of the building assessment provisions includes an amendment of a document adopted by, or to which a reference is made in, any of the provisions.s 37 prev s 37 sub 1981 No. 53s 14amd 1991 No. 52s 2.58om 1998 No. 13s 13pres s 37 ins 2006 No. 36s 5amd 2009 No. 51s 8; 2016 No. 27 s 58Division 2Variation of how particular building assessment provisions applydiv hdg ins 2006 No. 36s 538Applying to vary how particular building assessment provision applies(1)If—(a)building work is proposed to be carried out, is being carried out or has been carried out; and(b)the building work will not, or does not, comply with a provision of any of the building assessment provisions;
a person may apply (the variation application) to the chief executive to vary how the provision applies to the building work.(2)However, the variation application can not be made if the provision permits an assessment manager to exercise discretion about the matter for which the variation is sought.Example of a provision mentioned in subsection (2)—part 3(3)The variation application must be made in the approved form and be accompanied by the fee prescribed under a regulation.s 38 prev s 38 amd 1978 No. 47s 15; 1984 No. 45s 27; 1991 No. 52s 2.59; 1993 No. 70s 804 schom 1998 No. 13s 13pres s 38 ins 2006 No. 36s 5amd 2016 No. 27 s 5939Applying for fast-track decision(1)The applicant under the variation application, may, in the application, ask the chief executive to decide the application within 2 business days after making the application.(2)A request made under subsection (1) must be accompanied by the fee prescribed under a regulation.(3)The chief executive may grant or refuse the request.(4)If the chief executive grants the request, the chief executive may, as a condition of granting the request, require the applicant to pay any reasonable additional costs that would be incurred by the chief executive in deciding the variation application within the 2 business days.s 39 prev s 39 amd 1991 No. 52s 2.60om 1998 No. 13s 13pres s 39 ins 2006 No. 36s 540Effect of variation application on development assessment process under Planning ActIf the variation application is about building work proposed to be carried out for which work a building development application has been made, the development assessment process under the Planning Act for the building development application—(a)stops on the day the variation application is received by the chief executive; and(b)starts again the day the chief executive gives the applicant under the variation application notice under section 43.
s 40 prev s 40 amd 1991 No. 52s 2.61om 1998 No. 13s 13pres s 40 ins 2006 No. 36s 5amd 2016 No. 27 s 6041Deciding variation application(1)If the building work is being or is to be carried out by or for someone other than the State, the chief executive must consult with the assessment manager about the variation application before deciding it.(2)The chief executive may consult with any other person about the variation application before deciding it.(3)After considering the variation application, the chief executive must decide to vary or refuse to vary how the provision applies to the building work.(4)The chief executive must decide the variation application within 20 business days after the application is made.s 41 prev s 41 amd 1991 No. 52s 2.62; 1993 No. 70s 804 schom 1998 No. 13s 13pres s 41 ins 2006 No. 36s 542Criteria for decision(1)In making the decision the chief executive must consider all relevant matters, including for example—(a)whether the building work substantially complies with the other building assessment provisions; and(b)whether compliance with the provision is unnecessary in the particular circumstances; and(c)whether the proposed variation is as effective as, or more effective than, compliance with the provision.
(2)However, the chief executive may vary how the provision applies to the building work only if the chief executive considers the general safety and structural standards of the relevant building or structure would not be at risk.s 42 prev s 42 amd 1981 No. 53s 15; 1984 No. 45s 28; 1987 No. 69s 13; 1991 No. 52s 2.63; 1993 No. 70s 804 schom 1998 No. 13s 13pres s 42 ins 2006 No. 36s 5amd 2016 No. 27 s 6143Notice of decision(1)The chief executive must, within 5 business days after deciding the variation application, give the applicant and the assessment manager for the building work notice of the decision.(2)If the decision is to refuse to vary how the provision applies to the building work, the notice must be an information notice.Note—For appeals against a decision for which an information notice must be given under this section, see the Planning Act, section 229.s 43 prev s 43 amd 1993 No. 70s 804 schom 1998 No. 13s 13pres s 43 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 6244Effect of variation(1)This section applies if the chief executive decides to vary how the provision applies to the building work.(2)Subject to any appeal against the chief executive’s decision, the provision, as varied by the decision, applies to the building work.(3)An assessment manager must not refuse to approve a building development application to which the chief executive’s decision relates only on the ground that the building work does not comply with the provision without the variation.s 44 prev s 44 sub 1978 No. 47s 16om 1998 No. 13s 13pres s 44 ins 2006 No. 36s 5Part 2Persons responsible for assessing building development applicationspt hdg ins 2006 No. 36s 5Division 1Who carries out building assessment workdiv hdg ins 2006 No. 36s 545Generally a building certifier must assessSubject to section 46, building assessment work must be carried out by a building certifier.s 45 prev s 45 amd 1993 No. 70s 804 schom 1998 No. 13s 13pres s 45 ins 2006 No. 36s 546Referral agencies may assess application against building assessment provisions(1)This section applies if, under the Planning Act—(a)a person is a referral agency for a building development application; and(b)the person must assess the application against a building assessment provision or part of a building assessment provision.
(2)Only the referral agency may assess the application against the provision or part.(3)Assessment of the application by the referral agency must be done under the building assessment provisions.(4)Subject to sections 37 and 61, the assessment must be carried out under the building assessment provisions in force when the assessment is made.(5)If the referral agency must, under the Planning Act, assess the application against the fire safety standard, the referral agency must appoint or employ a building certifier to carry out the assessment.Note—For the referral agencies for building development applications, see the Planning Act, section 54(2).s 46 prev s 46 amd 1993 No. 70s 804 schom 1998 No. 13s 13pres s 46 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 6346AFees for statutory functionss 46A orig s 46A om 1981 No. 53s 16prev s 46A ins 2001 No. 100s 88om 2003 No. 64s 11346BInstitution of reference to Ministers 46B om 1981 No. 53s 1646CPowers of Ministers 46C om 1981 No. 53s 16Division 2Functions of private certifiersdiv hdg ins 2006 No. 36s 547Operation of div 2(1)This division confers functions on private certifiers for building development applications.(2)The functions are in addition to the building certifying functions that private certifiers may perform as building certifiers.(3)The additional functions, together with building certifying functions, are private certifying functions.s 47 orig s 47 amd 1984 No. 45s 34; 1987 No. 69s 14; 1991 No. 52s 2.64; 1993 No. 70s 804 schom 1998 No. 13s 13prev s 47 ins 1978 No. 47s 23amd 1991 No. 52s 2.79sub 1993 No. 70s 804 sch; 1998 No. 13s 20amd 2005 No. 14s 2 schom 2006 No. 36s 50pres s 47 ins 2006 No. 36s 548Functions of private certifier (class A)(1)A private certifier (class A) may—(a)receive and assess a building development application; and(b)decide the building development application, and give a decision notice for the application; and(c)decide whether enforcement action under this Act or the Planning Act ought to be taken for a building development approval granted by—(i)the private certifier (class A); or(ii)another private certifier (class A) employed by the same private certifier employer when the decision to take the enforcement action is made.
(2)For section 248, a reference to a local government includes a reference to a private certifier (class A) performing functions under subsection (1)(c).(3)However, subsections (1)(c) and (2) apply only until the giving of a final inspection certificate for the building work or a certificate of classification for the building.(4)Despite the Planning Act—(a)a private certifier (class A) is an enforcement authority for that Act in relation to building work only until a final inspection certificate for the building work, or a certificate of classification for the building, is given; and(b)after the final inspection certificate or certificate of classification is given, the local government is the enforcement authority for that Act in relation to the building work.
(5)To remove any doubt, it is declared that subsections (1)(c) and (2) do not limit the local government’s functions or powers under this Act or the Planning Act, chapter 5, part 3.(6)Subsection (7) applies if—(a)under this section a private certifier (class A) gives a person an enforcement notice under this Act; or(b)a private certifier (class A) that is an enforcement authority under the Planning Act gives a person an enforcement notice under the Planning Act.
(7)If the person does not comply with the enforcement notice, the private certifier (class A) must give the local government a notice that the person has not complied with the enforcement notice.s 48 prev s 48 amd 1987 No. 69s 15; 1991 No. 52s 2.65om 1998 No. 13s 13pres s 48 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 64 (amd 2017 No. 12 s 64A)49Functions of private certifier (class B)A private certifier (class B) may—(a)receive a building development application; and(b)carry out all building assessment work for the application other than in relation to the QDC boundary clearance and site cover provisions.
s 49 orig s 49 amd 1981 No. 53s 17; 1987 No. 69s 16; 1991 No. 52s 2.66om 1998 No. 13s 13prev s 49 ins 1991 No. 52s 2.80amd 1993 No. 70s 804 sch; 1998 No. 13s 21om 2006 No. 36s 52pres s 49 ins 2006 No. 36s 550Restrictions on building certifying functions that a private certifier (class B) can perform(1)A private certifier (class B) can not give a final inspection certificate or certificate of classification.(2)A private certifier (class B) can only give a compliance certificate about whether building work complies with the BCA or a provision of the QDC, other than the QDC boundary clearance and site cover provisions.s 50 ins 2006 No. 36s 5Division 3Functions of local governmentdiv hdg ins 2006 No. 36s 551Function to act on building development application or development approval unless private certifier (class A) engaged(1)This section applies if—(a)a person wishes to make a building development application to the local government; and(b)if the application were made, it would be a properly made application; and(c)a private certifier (class A) is not engaged for the application; and(d)if a private certifier (class B) is engaged for the application—the private certifier (class B) has not entered into an agreement mentioned in section 140(3) for the proposed application.
(2)The local government must do the following—(a)under the Planning Act, chapter 3, receive, assess and decide the application;(b)appoint or employ a private certifier or another building certifier to perform building certifying functions for—(i)the application; and(ii)if the building development approval applied for is granted—the building work.
Note—If a private certifier is appointed or employed, the functions can not include private certifying functions that are not also building certifying functions. See section 138.(3)If—(a)a private certifier (class A) has granted a building development approval; and(b)the engagement of a private certifier to inspect and certify the building work is discontinued; and(c)the building work has not been certified;
the local government for the approval must, if asked in writing by the nominated owner of the building, appoint or employ a building certifier to perform building certifying functions for the building work.(4)This section is subject to sections 31 and 52.(5)In this section—nominated owner, of a building, means the person who, under the most recent building development application for the building, was nominated in the application as the person to receive the inspection documentation for building work for the building.s 51 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2012 No. 3s 132 sch; 2016 No. 27 s 6552Restriction on local government issuing building development approvalThe local government for a building development application may issue the building development approval applied for only if—(a)a local government building certifier has carried out the building assessment work for the application; and(b)the building certifier is appropriately licensed to carry out the building assessment work.
s 52 ins 2006 No. 36s 552AApproval to be sought where building erected without approvals 52A ins 1991 No. 52s 2.70amd 1993 No. 70s 804 schom 1998 No. 13s 1553Local government may rely on particular compliance certificates and other documents(1)This section applies if—(a)a building certifier gives the local government for a building development application (the original application) a compliance certificate or other document; and(b)the certificate or other document was made by or given to the building certifier to carry out building assessment work under the original application.
(2)The local government may, in carrying out functions under this Act for the following, accept and, without further checking, rely and act on the certificate or other document—(a)the original application;(b)another building development application for all or part of the building work under the original application.
s 53 prev s 53 sub 1991 No. 52s 2.71om 1998 No. 13s 15ins 1998 No. 13s 25om 2006 No. 36s 56pres s 53 ins 2006 No. 36s 554Local government may rely on documents private certifier gives it for providing public access(1)This section applies if—(a)under this Act, a private certifier gives a document to the local government for a building development application; and(b)under the Planning Act, section 264, the local government must, or may, keep the document publicly available.
(2)The local government may accept, and without further checking, rely and act on the document for the purpose of making the document publicly available.s 54 prev s 54 amd 1978 No. 47s 18; 1993 No. 70s 804 schom 1998 No. 13s 15pres s 54 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2sub 2016 No. 27 s 66Division 4Power of particular replacement assessment managers to decide status of development assessment process under Planning Actdiv hdg ins 2006 No. 36s 5amd 2016 No. 27 s 6755Power to decide what stage of development assessment process under Planning Act application process may resume or start(1)This section applies if—(a)a private certifier (class A) is engaged to assess or decide a building development application; and(b)the engagement is discontinued; and(c)the application has not been decided; and(d)a new private certifier (class A) is engaged for the application.
(2)This section also applies if—(a)a building development approval lapses under part 7; and(b)the owner of the land to which the approval attached immediately before it lapsed makes a new building development application for all or part of the building work under the lapsed approval.
(3)The assessment manager for the application or new application may resume or start the application process at any stage of the development assessment process under the Planning Act the assessment manager considers appropriate.s 55 ins 2006 No. 36s 5amd 2016 No. 27 s 68Part 3Discretionary matters in the assessment of building development applicationspt hdg ins 2006 No. 36s 556Building certifier’s discretion—BCA(1)This section applies for a building certifier carrying out building assessment work for a building development application if—(a)the BCA allows a discretionary decision about a building design or specification for building work; andExample of discretionary decision—the BCA uses the word ‘suitable’ or ‘adequate’(b)the application proposes the use of the discretion.
(2)The building certifier must—(a)consider the objectives and functional statements of the BCA in relation to the design or specification; and(b)decide whether the design or specification complies with—(i)generally—the BCA; or(ii)if, for the application, the BCA is varied under part 1, division 2—the BCA as varied.
(3)The building certifier must not make the decision in a way that conflicts with the objectives or functional statements.s 56 prev s 56 amd 1978 No. 47s 20; 1981 No. 53s 18; 1991 No. 52s 2.73om 1998 No. 13s 17pres s 56 ins 2006 No. 36s 557Building certifier’s or referral agency’s discretion—QDC(1)This section applies for a building certifier or referral agency carrying out building assessment work for a building development application if—(a)a part of the QDC applies to the application; and(b)the part allows a discretionary decision about a building design or specification; andExample of discretionary decision—QDC uses the word ‘suitable’ or ‘adequate’(c)the application proposes the use of the discretion.
(2)The building certifier or referral agency must decide whether the design or specification complies with—(a)generally—the QDC; or(b)if, for the application, the QDC is varied under part 1, division 2—the QDC as varied.
s 57 prev s 57 amd 1978 No. 47s 21; 1991 No. 52s 2.74om 1998 No. 13s 17pres s 57 ins 2006 No. 36s 5amd 2016 No. 27 s 6958Survey certificate(1)A building certifier may, before assessing a building development application, require that a cadastral survey, including a survey commonly called in the surveying profession an identification survey, be carried out to show—(a)the boundaries of the allotment on which the building work is proposed; and(b)the location of any proposed or existing buildings or structures on the allotment.
(2)The absence of a requirement under subsection (1) does not prevent the requirement being made by a condition of the building development approval, under section 78.s 58 prev s 58 amd 1991 No. 52s 2.75om 1998 No. 13s 17pres s 58 ins 2006 No. 36s 559Discretion for building development applications for particular budget accommodation buildings(1)This section applies to the assessment of a building development application to the extent it is for building work required to ensure the building complies, under section 220, with the fire safety standard.(2)The decision on the application may be inconsistent with the planning scheme applying to the land on which the building work is to be carried out.Example—A desired outcome in the planning scheme is that the building does not affect the amenity and aesthetics of the neighbourhood of the building. An external stairway required under the fire safety standard does not achieve the outcome. The application may be approved despite the inconsistency.s 59 ins 1998 No. 13s 10sub 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2013 No. 5s 94 sch; 2016 No. 27 s 7060Building certifier may rely on particular compliance certificates and other documents(1)This section applies if—(a)a building certifier has given anyone else a compliance certificate or other document; and(b)the certificate or other document made by or given to the building certifier is to carry out building assessment work for a building development application (the original application).
(2)Another building certifier may, in carrying out functions under this Act for the following, accept and, without further checking, rely and act on the certificate or other document—(a)the original application;(b)another building development application for all or part of the building work under the original application.
s 60 ins 2006 No. 36s 5amd 2013 No. 5s 94 sch61Alterations to safe existing work may be approved on basis of earlier building assessment provisions(1)This section applies for a building development application if—(a)the building work is alterations to an existing building or structure; and(b)the building certifier is satisfied the general safety and structural standards of the building or structure would not be at risk if the alterations were to be carried out under earlier building assessment provisions.
(2)The building certifier may carry out building assessment work for the application on the basis that the building work is to be carried out under the earlier building assessment provisions.(3)Subsection (4) applies if the building’s BCA classification as shown on the certificate of classification for the building has changed only because of an amendment to building classifications under the BCA made after the certificate was given.(4)Without limiting subsection (2), the building certifier may carry out building assessment work for the application on the basis that the building work is to be carried out under the building assessment provisions applying for the BCA classification shown on the certificate of classification.(5)In this section—building assessment provisions includes the former Standard Building By-laws and Standard Building Law under this Act and the repealed Standard Building Regulation 1993.earlier building assessment provisions means the building assessment provisions as they were in force at a particular time before the application was made.s 61 prev s 61 amd 1984 No. 45s 32; 1991 No. 52s 2.76om 1998 No. 13s 19pres s 61 ins 2006 No. 36s 5amd 2009 No. 51s 9Part 4Requirements for and restrictions on assessing or approving building development applicationspt hdg ins 2006 No. 36s 562Requirement to consider any advice agency responses 62 orig s 62 amd 1984 No. 45s 33om 1998 No. 13s 19prev s 62 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2013 No. 5s 94 schom 2016 No. 27 s 7163Restriction on granting building development approval for budget accommodation buildingIf a building development application is for a budget accommodation building, the assessment manager must not approve the application unless the assessment manager is satisfied—(a)the fire safety management plan accompanying the application complies with the Fire and Emergency Services Act 1990, section 104FC; or(b)the building work involves an alternative solution, for performance requirements under the BCA, that includes a fire safety management procedure as a condition of the occupation and use of the building and the fire safety management plan adequately reflects the procedure.
s 63 ins 2006 No. 36s 5amd 2011 No. 27s 227; 2014 No. 17s 184sch 1 pt 263ARestriction on granting building development approval for residential care building(1)This section applies to a building development application for building work that includes an alteration to a residential care building to which chapter 7A applies.(2)The assessment manager must not approve the application unless—(a)the application also relates to building work (if any) to be carried out to the rest of the residential care building; and(b)the assessment manager is satisfied that, after the building work is completed, the whole of the residential care building will comply with the fire safety standard (RCB).
(3)In this section—alteration, to a residential care building, means—(a)an alteration affecting more than 20% of the floor area of the building; or(b)an addition of more than 20% to the floor area of the building.
s 63A prev s 63A ins 1991 No. 52s 2.77om 1998 No. 13s 19pres s 63A ins 2011 No. 27s 22863BNotice given to body corporate taken to be given to lot ownerss 63B ins 1997 No. 28s 295sch 3om 1998 No. 13s 1964Required report before assessing application for temporary building or structure with special fire service(1)This section applies to a building development application for a temporary building or structure that is proposed to have a special fire service.(2)Before carrying out building assessment work for the application, the building certifier must obtain from QFES a report on the suitability of the proposed service.s 64 ins 2006 No. 36s 5amd 2014 No. 17s 184sch 1 pt 464COffences generally and penaltys 64C ins 1991 No. 52s 2.80amd 1993 No. 70s 804 schom 1998 No. 13s 2064DContinuing offencess 64D ins 1991 No. 52s 2.80om 1998 No. 13s 2065Land subject to registered easement or statutory covenant(1)This section applies if a building development application is for land subject to—(a)a registered easement; or(b)a registered statutory covenant for which the registered holder of the covenant is—(i)the State; or(ii)a statutory body representing the State; or(iii)a local government.
(2)The assessment manager must not approve the application unless each registered holder of the easement or covenant has consented to the building work.(3)However, subsection (2) does not apply to a building development application for a class 1, 2, 3 or 4 building on land subject to a noise covenant if a building assessment provision is expressed to apply specifically for the reduction in a class 1, 2, 3 or 4 building of noise coming from outside the building.(4)In this section—noise covenant means a registered statutory covenant—(a)for which the registered holder of the covenant is the State; and(b)for the reduction in a class 1, 2, 3 or 4 building of noise coming from outside the building.
registered means registered under the Land Act 1994 or Land Title Act 1994.s 65 ins 2006 No. 36s 5amd 2009 No. 51s 1066Special structures(1)This section applies to a building development application for a building that, under section 120, is classified as a special structure.(2)The assessment manager must not approve the application unless the special structure—(a)complies with the building assessment provisions; and(b)reasonably provides for all of the following—(i)the safety of persons using the structure if there is a fire (including, for example, means of egress);(ii)the prevention and suppression of fire;(iii)the prevention of the spread of fire;(iv)the health and amenity of persons using the structure.
s 66 ins 2006 No. 36s 566AApplication for approval where building work commenceds 66A ins 1991 No. 52s 2.81om 1998 No. 13s 2366BCertain applications not made unless fees paids 66B ins 1991 No. 52s 2.81amd 1993 No. 70s 804 schom 1998 No. 13s 2367Temporary building or structures(1)A building development approval for any temporary building or structure must include a condition that—(a)limits the period during which the temporary building or structure may remain in place; and(b)requires removal or demolition of the temporary building or structure at the end of the period.
(2)Subsection (3) applies to a building development application for a temporary building or structure if—(a)no building assessment provision is expressed to apply specifically to temporary buildings or structures generally or to temporary buildings or structures of the same type as the temporary building or structure; and(b)the building or structure would not otherwise comply with the building assessment provisions.
(3)The assessment manager must not approve the application unless the building certifier has decided the temporary building or structure—(a)is structurally sound and capable of withstanding the loadings likely to arise from its use; and(b)reasonably provides for all of the following—(i)the safety of persons to be accommodated in the building or structure if there is a fire (including, for example, means of egress);(ii)the prevention and suppression of fire;(iii)the prevention of the spread of fire;(iv)the health and amenity of persons to be accommodated in the building or structure.
s 67 ins 2006 No. 36s 5sub 2008 No. 13s 3amd 2012 No. 3s 132 sch68Particular alterations not permissible(1)This section applies to a building development application for alterations to an existing building or structure.(2)However, this section does not apply if—(a)the alterations are for a budget accommodation building to which chapter 7, part 3 applies; and(b)the purpose of the alterations is to ensure the building or structure complies with the fire safety standard.
(3)The assessment manager must not approve the application unless the building certifier has decided the alterations do not unduly reduce the following—(a)the existing level of fire protection for persons accommodated in, or using, the building or structure;(b)the existing level of resistance to fire of the building or structure;(c)the existing safeguards against spread of fire to adjoining buildings or structures;(d)the existing level of emergency egress from the building or structure.
s 68 ins 2006 No. 36s 5amd 2012 No. 3s 132 sch68AStatement of reasons for approving alternative solution(1)This section applies if—(a)an alternative solution is used in the supporting documents for a building development application; and(b)the assessment manager decides to approve the application on the basis of the alternative solution.
(2)The assessment manager must prepare a written statement of reasons for the decision.(3)The statement must contain details of—(a)how the alternative solution is different from the relevant deemed-to-satisfy provisions under the BCA or acceptable solutions under the QDC; and(b)inspection or test results and other documents or information relied on to make the decision.
s 68A ins 2006 No. 59s 21Part 5Conditions of building development approvalsNote—For general provisions about conditions of development approvals, see the Planning Act, chapter 3, part 3, division 3.pt hdg ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2pt 5 note amd 2016 No. 27 s 72Division 1Conditions taken to be imposeddiv hdg ins 2006 No. 36s 569Operation of div 1(1)This division imposes restrictions and obligations for particular building development approvals.(2)The restrictions and obligations are taken to be conditions of building development approvals to which they relate.(3)This division does not limit the conditions that may be imposed under the Planning Act.(4)If a provision of this division applies to a building development approval, the condition provided for under the provision (an imposed condition) is taken to—(a)have been imposed on the approval; and(b)comply with the Planning Act, section 65(1).
(5)The Planning Act, chapter 3, part 5, division 2, subdivision 2 does not apply to an imposed condition.(6)If there is a conflict between an imposed condition and another condition of a building development approval, the imposed condition prevails to the extent of the inconsistency.s 69 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 7370Engineering drawings(1)This section applies if—(a)supporting documents for a building development application are in the form of engineer’s drawings or other engineering details; and(b)the drawings or details were not included with the application; and(c)the application is approved.
(2)Work on any footings for the building work must not start until the drawings and details for the footings have been approved by the building certifier.(3)A stage of the building work must not be started until the drawings and details for the stage have been approved by the building certifier.s 70 ins 2006 No. 36s 571When demolition, removal and rebuilding must start and be completed(1)This section applies to a building development approval for building work to—(a)demolish or remove a building or structure; or(b)rebuild, after removal, a building or structure.
(2)The building work must substantially start within 2 months after the giving of the approval.(3)Within 1 year after the giving of the approval—(a)the building work must be completed; and(b)if the building work is rebuilding, after removal, of a building or structure, either—(i)if, under the approval or a regulation, the building work must be inspected, a final inspection showing that the building work complies with the approval or regulation is carried out; or(ii)under chapter 5, a certificate of classification must be given for the building.
(4)The condition under subsection (3) is the demolition/removal completion condition.(5)However, a person may apply to the local government to approve 1 extension of the period mentioned in subsection (3) for a period of up to 6 months.(6)The application must be—(a)made before the end of the period mentioned in subsection (3); and(b)in writing; and(c)supported by enough information to enable the local government to decide the application.
(7)A person who makes an application for an extension must, within 5 business days of making the application, give a copy of the application to the assessment manager who gave the building development approval mentioned in subsection (1), unless the local government is also the assessment manager.(8)The local government may consult with any other entity the local government considers appropriate in deciding the application.(9)The local government must decide the application within 10 business days after the application is made.(10)In making a decision about the application the local government may consider all relevant matters, including, for example—(a)how much building work has been undertaken at the time of the making of the application and whether the building work that has been undertaken is structurally sound; and(b)any impact the building work may have on the local community if the extension were given or not.
(11)The local government must, within 5 business days after deciding the application, give the applicant and the assessment manager for the building work notice of the decision.(12)If the decision is to refuse to extend the building development approval, the notice must be an information notice.Note—For appeals against a decision for which an information notice must be given under this section, see the Planning Act, section 229.(13)If the local government grants the application, the building development approval for the building work is taken to have been extended for the period granted by the local government.(14)Subsection (15) applies if—(a)an application for an extension is made before the end of the period mentioned in subsection (3); and(b)the local government has not made a decision about the application before the end of that period.
(15)The building development approval for the building work is taken to have been extended until the earlier of the following events—(a)the local government notifies the applicant of its decision;(b)the end of 6 months after the end of the period mentioned in subsection (3).
s 71 prev s 71 amd 1981 No. 53s 19 (see RA s 39); 1993 No. 70s 804 schom 1995 No. 57s 4sch 2pres s 71 ins 2006 No. 36s 5amd 2013 No. 5s 59; 2016 No. 27 s 7472Building work in erosion prone area(1)This section applies to a building development approval for an erosion prone area under the Coastal Protection and Management Act 1995.(2)All material excavated from land for the building work must be placed, levelled and stabilised against wind erosion—(a)on the land seaward of the building or structure; or(b)at another location, stated in the approval, within the erosion prone area.
(3)If the building work includes the erection or alteration of a roof drainage system or stormwater drain for the building or other structure, the system or drain must not be erected or altered in a way that is likely to cause erosion of the area.(4)However, the conditions under subsections (2) and (3) do not apply if the approval states that the person carrying out the building assessment work for the application is satisfied the conditions are not necessary for coastal management, including, in particular, the prevention of erosion or tidal inundation.s 72 ins 2006 No. 36s 573Obligation to make current drawing available for inspectionThe applicant for a building development approval must ensure 1 legible set of the current drawings for the building is, while the building work is being carried out, available for inspection by anyone who, under an Act, is entitled to inspect the relevant building site.s 73 prev s 73 om 1990 No. 61s 8.8(1) 1st schpres s 73 ins 2006 No. 36s 574Inspection and testing of special fire service installation(1)This section applies to a building development approval for a building served by a special fire service.(2)The person installing the service must—(a)give QFES—(i)while the installation of the service is being carried out but before it is finished—a notice to inspect the installation; and(ii)after the installation of the service but before interior surface finishes are applied—a notice to test the service; and
(b)give a copy of the notices to the assessment manager when they are given to QFES.
(3)QFES may inspect and test the building work only about special fire services.s 74 prev s 74 om 1990 No. 61s 8.8(1) 1st schpres s 74 ins 2006 No. 36s 5amd 2014 No. 17s 184sch 1 pt 475Earthworks and retaining wallsIf soil conditions, ground levels, excavation or filling make it necessary to protect land, buildings or structures in the neighbourhood of building work—(a)retaining walls must be built, or other suitable methods used, to prevent soil movement; and(b)drainage of the land, buildings or structures must be provided.
s 75 prev s 75 amd 1981 No. 53s 20om 1995 No. 57s 4sch 2pres s 75 ins 2006 No. 36s 576Drainage of buildings or landIf a building development approval permits a building or land to be drained, the drainage must be carried out in a way that protects land, buildings and structures in the neighbourhood of the building or land.s 76 ins 2006 No. 36s 577Building work over existing sanitary drainageBuilding work over or adjacent to existing sanitary drainage must comply with the Standard Plumbing and Drainage Regulation.s 77 prev s 77 ins 1993 No. 70s 804 schom R1 (see RA s 37)pres s 77 ins 2006 No. 36s 5Division 2Conditions that may be imposeddiv hdg ins 2006 No. 36s 578Survey certificate(1)A building development approval may include a condition that the building certifier must be given a cadastral survey, including a survey commonly called in the surveying profession an identification survey, showing—(a)the boundaries of the allotment; and(b)the actual location of the building or structure on the allotment.
(2)A survey under subsection (1) must be given—(a)as soon as the actual location of the building or structure on the allotment can be established; or(b)at a later time the building certifier allows.
s 78 ins 2006 No. 36s 579Hazardous buildings(1)This section applies to a building development approval for a class 5, 6, 7 or 8 building—(a)with a total floor area greater than 36,000m2; or(b)for which the building certifier considers special provision should be made to restrict or combat the spread of fire within or from the building because of the purpose or purposes for which the building is being or is to be used.
(2)The building development approval may include conditions the building certifier considers appropriate about restricting or combating the spread of fire in or from the building.(3)However, the conditions may be imposed only if the building certifier has consulted QFES about their appropriateness.s 79 ins 2006 No. 36s 5amd 2014 No. 17s 184sch 1 pt 480Alterations to unsafe existing work(1)This section applies to a building development approval if—(a)the building work is alterations to an existing building or structure; and(b)the building certifier decides the building or structure is unsafe or structurally unsound.
(2)The building development approval may include a condition that all, or a stated part, of the building or structure must comply with the building assessment provisions in force—(a)when the approval was granted; or(b)at another stated time that the building certifier considers will ensure the building or structure is made safe and structurally sound.
s 80 ins 2006 No. 36s 581Building development approval for particular alterations may require existing building or structure to comply with building assessment provisions(1)This section applies to a building development approval for alterations to an existing building or structure if—(a)the total of the following represents more than half the total volume of the existing building or structure, measured over its roof and external walls—(i)the alterations;(ii)any previous structural alterations to it approved or completed in the previous 3 years; or
(b)the building certifier has decided the alterations pose a risk—(i)to the safety of persons accommodated in or using the building or structure; or(ii)of spreading fire to adjoining buildings or structures.
(2)However, this section does not apply if—(a)the alterations are for—(i)a budget accommodation building to which chapter 7, part 3 applies; or(ii)a residential care building to which chapter 7A, part 4 applies; and
(b)the purpose of the alterations is to ensure the building complies with—(i)for a budget accommodation building—the fire safety standard; or(ii)for a residential care building—the fire safety standard (RCB).
(3)The building development approval may include a condition that all, or a stated part, of the existing building or structure must comply with all or a stated part of the building assessment provisions as if it were a new building or structure.(4)This section does not limit chapter 5, part 3.s 81 ins 2006 No. 36s 5amd 2011 No. 27s 229Part 6Regulation of building assessment work and the issuing of building development approvals by private certifierspt hdg ins 2006 No. 36s 582Application of pt 6This part applies if, under section 48, a private certifier (class A) is assessing a building development application or deciding and issuing the decision notice.s 82 ins 2006 No. 36s 583General restrictions on granting building development approval(1)The private certifier must not grant the building development approval applied for—(a)until, under the Planning Act, all necessary development permits are effective for development, other than building work, that may affect any or all of the following—(i)the form or location of the building work;(ii)the use of the building or other structure;(iii)the assessment of the building development application; and
Example—A proposal involves building work, a material change of use, reconfiguring a lot and operational work under the Planning Act. The private certifier is engaged to carry out building assessment work and decide the building development application. The private certifier must not grant the building development approval applied for until all necessary development permits are effective for—•the material change of use, which will affect the use of the building or other structure•reconfiguring the lot, which will affect the location of the building work on the reconfigured lot•the operational work, other than operational work that does not affect the form or location of the building work or assessment of the building development application, including, for example, landscaping work.
(b)if the building development application is for a development permit that, under the Planning Act, section 73A, does not authorise the carrying out of a part of the building work unless a relevant preliminary approval is in effect for the part—(i)until the relevant preliminary approval is in effect for the part; or(ii)until a development permit given by an entity other than a private certifier is in effect for the part; and
Example—A building development application is made for a development permit for building work that must be assessed against the building assessment provisions and a code in the local government’s planning scheme. The code is not a building assessment provision and none of the referral agencies for the application are required, under the Planning Act, to assess the application against, or having regard to, the code. A private certifier is engaged to assess and decide the building development application. The private certifier must not grant the development permit until either of the following is in effect for the part of the building work that must be assessed against the code—(a)a preliminary approval given by the local government under the repealed Sustainable Planning Act 2009; or(b)a development permit given by the local government.
(c)until the building assessment work for the application has been carried out under the building assessment provisions; and(d)if, under the Planning Act, a referral agency must assess the building work against, or having regard to, a matter relating to the building work—until—(i)the referral agency has given its referral agency’s response to the private certifier or, if the referral agency does not give a response before the end of the referral agency’s response period for the application, until after the response period has ended; and(ii)if the referral agency is the local government—any security it has required for the carrying out of the building work has been given; and
(e)if proposed works relating to the development include installing or changing on premises an on-site sewerage facility under the Plumbing and Drainage Act 2002—until a compliance permit under that Act has been given for the installation or change.
Maximum penalty—165 penalty units.(2)Subsection (3) applies if the private certifier receives the application before a following application or request is decided—(a)if subsection (1)(a) applies to the application—a development application for each development permit mentioned in the subsection;(b)if subsection (1)(b) applies to the application—a development application for a preliminary approval or development permit mentioned in the subsection; (c)if subsection (1)(e) applies to the application—a request under the Plumbing and Drainage Act 2002 for a compliance permit mentioned in the subsection.
(3)For the development assessment process under the Planning Act, the building development application is taken not to have been received by the private certifier until the day the last or only application or request mentioned in subsection (2)(a), (b) or (c) to be decided is decided.(4)This section does not limit part 4.(5)In this section—referral agency’s response period, for a building development application, means the period stated in the development assessment rules under the Planning Act for complying with section 56(4) of that Act for the application, including any extension of that period under the rules.relevant preliminary approval see the Planning Act, section 73A(6).s 83 prev s 83 ins 1998 No. 13s 28om R3 (see RA s 37)pres s 83 ins 2006 No. 36s 5amd 2008 No. 34s 751sch 2; 2009 No. 36s 872sch 2; 2013 No. 30s 4; 2017 No. 12 s 8; 2016 No. 27 s 75 (amd 2017 No. 12 s 65)84Approval must not be inconsistent with particular earlier approvals or accepted development(1)The private certifier must not approve the application if—(a)the building development application relates to an earlier development approval granted by the local government; and(b)the earlier approval has not lapsed; and(c)the application is inconsistent with the earlier approval.
Maximum penalty—165 penalty units.(2)Also, the private certifier must not approve the application if—(a)the building development application relates to accepted development under the Planning Act; and(b)the development may affect the position, height or form of building work; and(c)a local planning instrument categorised the development as accepted development; and(d)the application is inconsistent with the local planning instrument.
Maximum penalty—165 penalty units.(3)For subsection (1), if the application is a change application, the development approval to which the change application relates is not an earlier development approval.s 84 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 7685Additional requirement for decision noticeThe private certifier must, when issuing the decision notice, include in the notice information about any requirements the building work must comply with to be categorised as accepted development under the Planning Act.s 85 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 7786Requirements on approval of application(1)If the private certifier approves the application, the certifier must—(a)within 5 business days, give the local government a copy of each of the following documents identified in the way stated in subsection (2)—(i)the application;(ii)the approval documents for the application; and
(b)give the local government the approved form for the documents mentioned in paragraph (a); and(c)pay the fee fixed by the local government under the City of Brisbane Act 2010 or the Local Government Act 2009 for accepting the application and the approval documents.
Maximum penalty—40 penalty units.(2)For subsection (1)(a), the documents must be identified by—(a)marking each of them as documents that relate to the application and that have been approved by the private certifier; or(b)giving them to the local government with another document that—(i)identifies each of the documents; and(ii)states their edition number, if any; and(iii)states that they relate to the application and that they have been approved by the private certifier.
Note—For public access to particular documents, see the Planning Act, chapter 7, part 3.s 86 ins 1998 No. 13s 10amd 2005 No. 14s 2 schsub 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2009 No. 17s 331sch 1; 2013 No. 5s 94 sch; 2013 No. 30s 9sch 1; 2016 No. 27 s 7887Local government acknowledgementThe local government must, when the private certifier complies with section 86(1), immediately give the certifier a document acknowledging the fee mentioned in subsection 86(1)(c) has been received.s 87 ins 2006 No. 36s 588Giving approval documents to applicant(1)This section applies only if the private certifier approves the application.(2)The private certifier must not give the applicant any approval documents for the application unless the certifier has complied with section 86(1).Maximum penalty—50 penalty units.(2A)Subsection (2B) applies if the application is for building work that is—(a)the demolition of a building used only or mainly for residential purposes; and(b)assessable development under a local planning instrument.
(2B)The private certifier must not give the applicant any approval documents for the application before the end of 5 business days after the day the private certifier has complied with all requirements under section 86(1).Maximum penalty—165 penalty units.(3)Subsection (4) applies if the private certifier—(a)receives an acknowledgement under section 87 from the local government for the application; and(b)has not given the approval documents to the applicant.
(4)The private certifier must give the approval documents to the applicant—(a)if the application is mentioned in subsection (2A) and the private certifier receives the acknowledgement before the end of the period mentioned in subsection (2B)—within 5 business days after the end of that period; or(b)otherwise—within 5 business days after receiving the acknowledgement.
Note—See also section 132.(5)Subsection (6) applies if the private certifier—(a)gives the approval documents to the applicant; and(b)has not received an acknowledgement under section 87 from the local government for the application.
(6)The private certifier must, for at least 5 years after giving the approval documents, keep written evidence that the fee mentioned in section 86(1)(c) for the application was paid to the local government.Maximum penalty for subsection (6)—20 penalty units.s 88 ins 2006 No. 36s 5sub 2009 No. 51s 11amd 2017 No. 12 s 8APart 7Provisions about lapsing of building development approvals and related matterspt hdg ins 2006 No. 36s 5Division 1Building work for demolition or removaldiv hdg ins 2006 No. 36s 589Application of div 1This division applies to a building development approval for building work to which the demolition/removal completion condition applies.s 89 ins 2006 No. 36s 590Currency period under the Planning Act, s 85(1) for building development approval(1)The period, or extended period, under the demolition/removal completion condition of the building development approval is taken to be, for the Planning Act, the currency period for the approval.(2)The currency period under subsection (1) may not be extended under the Planning Act.s 90 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2sub 2016 No. 27 s 7991Lapsing of building development approval(1)This section applies despite the Planning Act, section 85.(2)The building development approval lapses if the demolition/removal completion condition has not been complied with by the end of the period under the demolition/removal completion condition.(3)However, if section 92 applies, the approval does not lapse until the local government decides not to take any action under that section.s 91 ins 2006 No. 36s 5amd 2016 No. 27 s 8092Local government may complete particular work if condition not complied with(1)This section applies if the building development approval lapses and the building work is other than demolition.(2)The local government may take the action it considers necessary to complete the building work.(3)If the local government takes action under subsection (2), until the local government completes the action—(a)the approval is taken not to have lapsed; and(b)the local government is taken to be the person entitled to the benefit of the approval.
(4)The action is taken to have been authorised under the approval.(5)In taking the action the local government may use all or part of any security given to it for the carrying out of the building work.s 92 ins 2006 No. 36s 593Releasing security(1)The local government may at any time, having regard to the progress of the building work, refund or release part of any security given to it for the carrying out of the building work.(2)The local government must release all or any remaining part of the security if—(a)the demolition/removal completion condition is complied with; or(b)the building development approval lapses.
s 93 ins 2006 No. 36s 5Division 2Other building workdiv hdg ins 2006 No. 36s 594Application of div 2(1)This division applies if a condition of a building development approval requires the development, or an aspect of the development, to be completed by a particular time (the condition time).(2)However, this division does not apply to a building development approval for building work to which the demolition/removal completion condition applies.Note—For general provisions about when a development approval lapses, what conditions may be imposed and when a condition of a building development approval may be amended, see the Planning Act, chapter 3, part 3, division 3 and part 5, division 2, subdivision 2 and division 4.s 94 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 8195Reminder notice requirement for lapsing(1)Despite the Planning Act, chapter 3, part 3, division 3 and part 5, division 4 and the condition, the approval only lapses if—(a)the assessment manager has, under this section, given the owner of the building a reminder notice about the lapsing; and(b)the time (the lapsing time) chosen by the assessment manager and stated in the reminder notice for the completion of the development or aspect has passed; and(c)the development or aspect was not completed before the lapsing time.
(2)The lapsing time may be after, but must not be before, the condition time.(3)The reminder notice must—(a)be given no more than 6 months, but at least 3 months, before the lapsing time; and(b)state each of the following—(i)the condition;(ii)the lapsing time;(iii)that the approval will lapse unless the development or aspect is completed by the lapsing time;(iv)that if, under the Planning Act, the currency period under the Planning Act, section 85(1) for the building development approval is extended past the lapsing time stated in the notice the lapsing time will, under section 96, be taken to be when the extended period ends.
(4)Only 1 reminder notice may be given under this section.(5)Subject to section 96, the assessment manager can not change the lapsing time.s 95 ins 2006 No. 36s 5amd 2006 No. 59s 22; 2009 No. 36s 872sch 2; 2016 No. 27 s 8296Extension of lapsing time because of application to extend currency period under Planning Act, s 85(1)(1)This section applies if—(a)a reminder notice has been given under section 95; and(b)before the lapsing time stated in the notice, an extension application is made under the Planning Act to extend the currency period under the Planning Act, section 85(1) for the relevant building development approval.
(2)For section 95—(a)the lapsing time is taken to have been extended until the request has been decided; and(b)if the currency period is extended past the lapsing time stated in the notice, the lapsing time is taken to be when the extended period ends.
s 96 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 8397Restriction on private certifier (class A) extending currency period under Planning Act, s 85(1) more than once(1)This section applies if the assessment manager is a private certifier (class A) and, under the Planning Act, the currency period under the Planning Act, section 85(1) for the building development approval has already been extended.(2)The private certifier may further extend the period only if the private certifier has consulted with the local government.(3)Subsection (2) applies despite the Planning Act, chapter 3, part 3, division 3 and part 5, division 4.s 97 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 84Chapter 5Inspections, building classification and the use of buildingsch hdg ins 2006 No. 36s 5Part 1Giving of inspection documentation for single detached class 1a buildings and class 10 buildings or structurespt hdg ins 2006 No. 36s 598Application of pt 1This part applies to a building certifier for a building development approval who is a local government building certifier or a private certifier (class A), if the building is—(a)a single detached class 1a building; or(b)a class 10 building or structure.
s 98 ins 2006 No. 36s 5amd 2012 No. 3s 132 sch99Obligation to give owner inspection documentation on final inspection(1)This section applies if at the inspection of the final stage of building work, the building certifier is satisfied, on an inspection carried out under best industry practice, that the work complies with the building development approval.Note—For rights of appeal to a development tribunal, see the Planning Act, section 229.(2)The building certifier must ensure the owner of the building is, within the required period, given—(a)a final inspection certificate for the building work; and(b)a copy of any other inspection documentation for inspection of the building work.
Maximum penalty—40 penalty units.(3)In this section—required period means the period that ends 5 business days after—(a)if the inspection documentation includes any certificates relied on by the building certifier—the certifier accepts the certificates; or(b)otherwise—all of the building work is inspected.
s 99 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 85Part 2Certificates of classification for other buildingspt hdg ins 2006 No. 36s 5Division 1Preliminarydiv hdg ins 2006 No. 36s 5100Application of pt 2This part applies to a building certifier for a building development approval who is a local government building certifier or a private certifier (class A), unless the building is—(a)a single detached class 1a building; or(b)a class 10 building or structure.
s 100 ins 2006 No. 36s 5amd 2012 No. 3s 132 sch101Meaning of substantially completed(1)A building has been substantially completed when—(a)all wet areas are waterproof as required under the building assessment provisions; and(b)reticulated water is connected to and provided throughout the building; and(c)all sanitary installations are installed as required under the building assessment provisions; and(d)either—(i)the local government has issued a compliance certificate under the Plumbing and Drainage Act 2002 stating the plumbing or drainage work for the building has been completed under that Act; or(ii)notice of notifiable work carried out for the building has, on the completion of that work, been given to the Plumbing Industry Council under the Plumbing and Drainage Act 2002, section 87; and
(e)all fire safety installations are operational and installed as required under the building assessment provisions; and(f)all health and safety matters relating to the building comply with the building assessment provisions; and(g)electricity supply is connected to the building to the extent necessary for it to be used under the BCA classification sought; and(h)the building is weatherproof as required under the building assessment provisions; and(i)the building is structurally adequate as required under the building assessment provisions; and(j)all means of access and egress to the building comply with the building assessment provisions; and(k)if the relevant development approval includes conditions advised or required by a referral agency and the conditions are about the building work for the building—the conditions have been complied with.
(2)In this section—building includes alterations to all or part of an existing building.s 101 ins 2006 No. 36s 5amd 2013 No. 5s 60Division 2Giving of certificatediv hdg ins 2006 No. 36s 5102Obligation to give certificate of classification on inspection after particular events(1)This section applies if—(a)the building certifier has inspected the building and—(i)decided that it has been substantially completed; or(ii)given written consent to the occupation of part of the building before all of it has been substantially completed; or(iii)if the development is alterations to an existing building—decided that they have been substantially completed; and
(b)if there is any fire safety installation installed in the building—the applicant has given the building certifier—(i)a list of all of the installations; and(ii)drawings showing their location; and
(c)any requirement under the building assessment provisions or a condition of the building development approval for a referral agency inspection of the building has been complied with or has ceased to apply.
(2)The building certifier must, as soon as practicable, ensure the owner of the building is given a certificate of classification by a building certifier that complies with the requirements under section 103 for a certificate of classification (the certificate requirements).Maximum penalty—20 penalty units.(3)If a requirement mentioned in subsection (1)(c) applies, the certificate must not be given until the requirement has been complied with or it has ceased to apply.Notes—1For rights of appeal to a development tribunal, see the Planning Act, section 229.2See also section 132.
s 102 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 86103Certificate requirementsA certificate of classification must—(a)be signed in the approved form; and(b)state the building’s classification, having regard to—(i)the class of the building stated in the decision notice for the development; and(ii)the use for which the building was designed, built or adapted; and
(c)briefly describe the type of building or the use for which the building was designed, built or adapted, having regard to—(i)any particular categories of uses under the classification; and(ii)restrictions about the use of the building under the BCA or QDC; and
Examples of descriptions for paragraph (c)—•retail showroom for sale of goods•manufacturing – plastic goods production, not to be used for hazardous processes under the BCA•motel – sole occupancy units
Example of restriction about the use of a building under the QDC—a requirement under the QDC for a floating building to be permanently moored and not used for navigational purposes(d)if a part of the building is classified differently to another part—state the part to which each classification relates; and(e)if the development uses a building solution under the BCA or QDC and the solution—(i)restricts the use or occupation of the building—state the restriction; or(ii)requires a management procedure relating to systems or procedures—state the management procedure; and
(f)if the development uses alternative solutions—state the materials, systems, methods of building, management procedures, specifications and other things required under the alternative solutions.Examples of possible alternative solution requirements relating to materials—•a limitation on the use of finishes with fire hazard properties as defined under the BCA•a prohibition on storing hazardous materials above a stated height•a limitation on storing or using stated materials
Examples of possible alternative solution requirements relating to systems or procedures—•a requirement that all of the building’s final exit doors be unlocked before it is occupied on the start of any day•a requirement to implement stated evacuation strategies or procedures•a restriction on the number and the distribution of the building’s occupants•a requirement that evacuation routes be kept clear of fittings and furnishings or be kept sterile•a prohibition on carrying out any hazardous processes or storage mentioned in BCA, part E1.5, table E1.5, note 3, paragraph (a)
s 103 ins 2006 No. 36s 5amd 2008 No. 13s 4; 2009 No. 51s 12; 2011 No. 27s 230104Interim certificate if building is remote(1)This section applies if, because of the remoteness of the building’s location, it is not practicable for the building certifier to inspect the building to decide whether it has been substantially completed.(2)The building certifier may give the owner of the building an interim certificate of classification for the building pending the carrying out of the inspection.(3)The interim certificate must—(a)comply with the certificate requirements; and(b)state that it is an interim certificate; and(c)state when it will expire under subsection (5).
(4)The interim certificate may be based on information given to the building certifier by or for the owner of the building.(5)The interim certificate expires when the earlier of the following happens—(a)the inspection is carried out and the owner is, under section 102, given a certificate of classification;(b)the end of 6 months after the interim certificate is given;(c)its cancellation by the building certifier.
(6)For subsection (5)(c), the interim certificate may be cancelled only on the ground that the basis on which it was issued was incorrect.s 104 ins 2006 No. 36s 5amd 2013 No. 5s 94 sch105Certificates for a building occupied in stages(1)This section applies if—(a)the building is unfinished; and(b)its owner has been given a certificate of classification for part of it; and(c)the building certifier has consented to the occupation of a further part of the building.
(2)The building certifier must ensure the owner is given a further certificate of classification for the further part.(3)The further certificate must comply with the certificate requirements.Note—See also section 132.s 105 ins 2006 No. 36s 5Division 3Miscellaneous provisions about certificates of classificationdiv hdg ins 2006 No. 36s 5106Term of certificate of classificationA certificate of classification for the building, other than an interim certificate given under section 104, continues in force until and unless it is replaced under section 113.s 106 ins 2006 No. 36s 5107Building certifier’s obligation to give referral agency certificate and other documents(1)This section applies if—(a)under a building development approval a referral agency must be given a notice to inspect a building; and(b)a building certifier gives a certificate of classification for the building.
(2)The building certifier must, within 10 business days after giving the certificate, give the referral agency—(a)a copy of the certificate; and(b)a copy of plans and specifications showing the aspects of the completed building work relevant to the agency’s functions as a referral agency, other than plans or specifications given to the agency under the Planning Act, section 63(3); and(c)if the agency is QFES—(i)a list of all fire safety installations installed in the building; and(ii)drawings showing the location of the fire safety installations.
Maximum penalty—40 penalty units.s 107 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2014 No. 17s 184sch 1 pt 4; 2016 No. 27 s 87108Additional obligations if certificate of classification given by private certifier (class A)If a private certifier (class A) gives a certificate of classification the certifier must—(a)give the local government for the building development application a copy within 5 business days; and(b)keep a copy for at least 5 years.
Maximum penalty—40 penalty units.s 108 ins 2006 No. 36s 5108AOwner’s obligations about access to certificate of classification(1)This section applies to the owner of a building if—(a)a certificate of classification has been given for the building; and(b)the certificate was given on or after 1 July 1997; and(c)all or part of the building is occupied.
(2)If the building is not a class 1a building, the owner must ensure the certificate is conspicuously displayed as near as practicable to the building’s main entrance.Maximum penalty—165 penalty units.Notes—1See, however, section 284 (Transitional provision for s 108A).2A certificate of classification is not required to be given for a single detached class 1a building or a class 10 building or structure. See section 100.
(3)An authorised officer may require the owner to produce the certificate for inspection at the building.(4)The owner must comply with the requirement.Maximum penalty—165 penalty units.(5)Subsections (3) and (4) do not apply if the certificate is displayed as mentioned in subsection (2).(6)For subsections (2) to (5), a reference to the certificate includes a reference to a copy of the certificate.s 108A ins 2008 No. 13s 5amd 2009 No. 17s 331sch 1; 2011 No. 27s 231Part 3Changes to BCA classification or use within classificationpt hdg ins 2006 No. 36s 5amd 2009 No. 51s 13109What is a BCA classification or use change to a building(1)A BCA classification or use change to a building is—(a)a change to the use for which the building was designed, built or adapted to be used if—(i)the change of use alters its BCA classification; or(ii)the change of use does not alter its BCA classification but the new use requires building work to be carried out for the building to comply with any relevant building assessment provisions applying to the new use; or
Example of BCA classification or use change for paragraph (a)(ii)—a change in the use of a class 7b warehouse to an occupancy of excessive hazard by storing combustible cartons above 4m in height or more than 1,000m3 of combustible cartons(b)if, under section 103(e), a certificate of classification for the building states a restriction on its use or occupation—a change in circumstances that affects the way the building complies with the restriction.Example of BCA classification or use change for paragraph (b)—a change in the nature or quantity of materials displayed, stored or used in a building that increases the risk to life or safety, requiring building work to be carried out to comply with the BCA
(2)However, a BCA classification or use change does not include a change of use that alters a building’s BCA classification if the alteration happens only because of an amendment to building classifications under the BCA made after—(a)if there is a certificate of classification for the building—the certificate was given; or(b)otherwise—the building was first used or occupied.
s 109 ins 2006 No. 36s 5amd 2009 No. 51s 14110Restriction on making BCA classification or use changeThe owner of a building must ensure a BCA classification or use change is not made to the building unless—(a)a building certifier who is either of the following has approved the change and the building as changed complies with the building assessment provisions—(i)a local government building certifier;(ii)a private certifier (class A); or
(b)the change has been approved under section 112.
Maximum penalty—165 penalty units.s 110 ins 2006 No. 36s 5amd 2009 No. 51s 15111Provision for applying to local government to obtain approval for BCA classification or use change(1)The owner of a building may apply to the local government for an approval mentioned in section 110(a).(2)The application must—(a)be in the approved form; and(b)include enough information about the proposed change to allow a local government building certifier to comply with the certificate requirements.
(3)The local government building certifier must decide to grant or refuse the approval.(4)This section does not prevent a private certifier (class A) engaged by the owner from granting an approval mentioned in section 110(a).(5)Subject to section 112, a local government building certifier or private certifier (class A) must not approve a BCA classification or use change to a building unless the building as changed complies with the building assessment provisions.(6)Despite subsections (3) and (4), if the building assessment provisions or a condition of a building development approval provide for a referral agency inspection of the building about the BCA classification or use change, the approval must not be granted until the requirement has been complied with or it has ceased to apply.s 111 ins 2006 No. 36s 5amd 2009 No. 51s 16112Concessional approval for particular existing buildings(1)This section applies only to a building in existence before 14 December 1993.(2)A building certifier who is either of the following may approve a BCA classification or use change for the building or part of the building without the building or part as changed having to comply with the building assessment provisions, other than the BCA, parts E1 and E4—(a)a local government building certifier;(b)a private certifier (class A).
(3)However, the change may be approved only if the building certifier considers that the building or part—(a)will be structurally sound and capable of withstanding the loadings likely to arise from its use under any new BCA classification or use; and(b)will reasonably provide for—(i)the safety of persons in the building if there is a fire, including, for example, means of egress; and(ii)the prevention and suppression of fire; and(iii)the prevention of the spread of fire.
(4)Also, if the building contains a special fire service the building certifier must not approve the change unless the certifier has first received from QFES a report on the suitability of the service.(5)The approval may impose the conditions the building certifier considers necessary about any of the matters mentioned in—(a)the BCA, part E1 or E4; or(b)subsection (3).
s 112 ins 2006 No. 36s 5amd 2009 No. 51s 17; 2014 No. 17s 184sch 1 pt 4113Obligation of building certifier approving BCA classification or use change to give new certificate of classification(1)This section applies if a building certifier approves a BCA classification or use change to a building.(2)The building certifier must ensure the owner of the building is given a certificate of classification for the building that complies with the certificate requirements.Note—See also section 132.(3)The certificate replaces any existing certificate of classification for the building.s 113 ins 1998 No. 13s 10sub 2006 No. 36s 5amd 2009 No. 51s 18Part 4Restrictions on the use of buildingspt hdg ins 2006 No. 36s 5114No occupation or use of particular buildings without certificate of classification(1)This section applies if—(a)the building the subject of a building development approval is not—(i)a single detached class 1a building; or(ii)a class 10 building or structure; and
(b)a certificate of classification has not been given for the building.
(2)A person must not occupy or use the building unless the person has a reasonable excuse.Maximum penalty—165 penalty units.(3)The owner of the building must, unless the owner has a reasonable excuse, ensure the building is not occupied or used by someone else.Maximum penalty—165 penalty units.s 114 ins 2006 No. 36s 5114AOwner’s obligation to comply with certificate of classification(1)This section applies if—(a)a certificate of classification has been given for a building; and(b)the certificate states a restriction mentioned in section 103(e) or a requirement of a type mentioned in section 103(f).
(2)The owner of the building must, unless the owner has a reasonable excuse, ensure the requirement or restriction is complied with.Maximum penalty—165 penalty units.Note—This provision is an executive liability provision—see section 257.s 114A ins 2008 No. 13s 6amd 2009 No. 51s 19; 2013 No. 51s 229sch 1115Compliance with relevant BCA and QDC provisions for occupation and use of building(1)A person must not, unless the person has a reasonable excuse, occupy or use a building if the building does not comply with the following for the occupation or use—(a)any relevant BCA provisions for its class of building;(b)any relevant QDC provisions for the building.
Maximum penalty—165 penalty units.Note—This provision is an executive liability provision—see section 257.(2)Subsection (3) applies if, under a performance requirement for a building under any relevant BCA provisions for its class of building or any relevant QDC provisions for the building, a person must carry out work to maintain the building for occupation and use.(3)The person must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—165 penalty units.(4)For subsections (1) and (2), the relevant BCA provisions for the class of building and the relevant QDC provisions for the building are—(a)if there is a building development approval for the building, the provisions of the BCA for the class and the provisions of the QDC for the building in force—(i)generally—when the approval was granted; or(ii)if, under this Act, the provisions as they were in force at an earlier time applied to building assessment work for the approval—at the earlier time; or
(b)otherwise, any provisions of the BCA for the class and the provisions of the QDC for the building in force when building work for the building started.
(5)However, the provisions are subject to—(a)any variation of them under this Act; and(b)any local law or local planning instrument that, under this Act, applied to the building work for the building.
(6)To remove any doubt, it is declared that subsections (1) and (2) apply even if a building development approval for the building is contrary to the provisions mentioned in the subsections.s 115 ins 2006 No. 36s 5amd 2009 No. 51s 20; 2013 No. 5s 94 sch; 2013 No. 51s 229sch 1116Exception for use of government buildings for emergency(1)This section applies if—(a)an emergency situation exists, or is likely to exist, justifying the use of a government building for the situation or likely situation; and(b)the building is structurally adequate and reasonably suitable for the emergency use; and(c)the emergency use is, other than for sections 114 and 115, lawful.
Examples of emergency situation—•a cyclone•local flooding•a dangerous situation under the Petroleum and Gas (Production and Safety) Act 2004
(2)For sections 114 and 115, the occupation or use of the government building is a reasonable excuse.(3)Subsection (2) does not limit what may be a reasonable excuse for section 114 or 115.(4)In this section—government building means a building owned or occupied by or for the State, including by State instrumentalities and government owned corporations.s 116 ins 2006 No. 36s 5amd 2009 No. 51s 21117Enforcement action required(1)If there is a contravention of section 114 for a building, the assessment manager must take appropriate enforcement action against its owner.(2)However, subsection (1) does not apply if the assessment manager is satisfied only building work of a minor nature is needed before a certificate of classification can be given for the building.(3)If a private certifier (class A) gives the enforcement notice and the owner does not comply with it, the certifier must give the local government notice of that fact.s 117 ins 2006 No. 36s 5118Restriction on use of buildings built on or after 1 April 1976The owner of a building built after 1 April 1976 must ensure its use complies with its classification as stated in the last certificate of classification for the building.Maximum penalty—165 penalty units.s 118 ins 2006 No. 36s 5119Further restriction on occupation of building for residential purposesA person must not use a building, other than a class 1, 2, 3 or 4 building, for residential purposes unless the use is approved by the local government for the building.Maximum penalty—165 penalty units.s 119 ins 2006 No. 36s 5Part 5Miscellaneous provisionspt hdg ins 2006 No. 36s 5120BCA classification as special structureA building or structure that can not, under the BCA, part A3, be given a BCA classification must be classified as a special structure.s 120 ins 2006 No. 36s 5121Doubtful BCA classifications(1)This section applies if there is a doubt as to a building’s BCA classification.(2)The BCA classification must be either of the following classifications a building certifier considers appropriate—(a)a class of building mentioned in the BCA, part A3;(b)a special structure.
s 121 ins 2006 No. 36s 5122Building certifier’s obligation to give owner inspection documentation if building development approval lapsesIf a building development approval lapses, the building certifier must ensure the owner of the building is, within 5 business days after the lapsing, given a copy of the inspection documentation for inspection of the building work.Maximum penalty—80 penalty units.Note—For the lapsing of building development approvals, see chapter 4, part 7 and the Planning Act, chapter 3, part 5, division 4.s 122 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 88123Certificate of classification for particular buildings built before 30 April 1998(1)This section applies to a building if it was built before 30 April 1998.(2)The owner of the building may apply to the local government for a local government building certifier to give the owner a certificate of classification for the building.(3)The application must be written and include enough information about the building’s use to allow the local government building certifier to comply with the certificate requirements.(4)If the application complies with subsection (3), the local government building certifier must ensure the owner is given the certificate of classification that complies with the certificate requirements.s 123 ins 2006 No. 36s 5amd 2013 No. 5s 94 sch124Building certifier’s obligation to give information notice about particular decisions(1)This section applies if—(a)a building certifier to whom part 1 applies decides not to give a final inspection certificate for the relevant building work because the work does not comply with the building development approval; or(b)a building certifier to whom part 2 applies decides not to give a certificate of classification for the relevant building because the building has not been substantially completed; or(c)a building certifier decides to refuse an application under this chapter; or(d)a private certifier (class A) decides to refuse to approve a BCA classification or use change for a client of the certifier; or(e)under section 112, a building certifier decides to approve a BCA classification or use change with a condition mentioned in section 112(5).
(2)The building certifier must give the applicant or client an information notice about the decision.(3)For subsection (1), a failure to decide an application within 20 business days is taken to be a decision to refuse the application.s 124 ins 2006 No. 36s 5amd 2009 No. 51s 22Chapter 6Provisions about private certifiers and other building certifiersch hdg ins 2006 No. 36s 5Part 1General provisions about building certifierspt hdg ins 2006 No. 36s 5Division 1Regulation of the performance of building certifying functionsdiv hdg ins 2006 No. 36s 5125Person must not perform building certifying functions without licenceA person must not perform a building certifying function unless the person is a building certifier.Maximum penalty—165 penalty units.s 125 ins 2006 No. 36s 5126Building certifier performing building certifying function must be appropriately licensedA building certifier must not perform a building certifying function unless the certifier is appropriately licensed to perform the function.Maximum penalty—165 penalty units.s 126 ins 2006 No. 36s 5127Building certifier’s duty to act in public interest in performing building certifying function(1)A building certifier who is not a private certifier must, in performing building certifying functions, always act in the public interest.Notes—1See also section 132.2For the corresponding provision for private certifiers, see section 136.
(2)For subsection (1), the occasions when a building certifier does not act in the public interest in performing building certifying functions include, but are not limited to, when the certifier does any of the following—(a)seeks, accepts or agrees to accept a benefit (whether for the certifier’s benefit or someone else) as a reward or inducement to act other than under this Act;(b)acts in a way contrary to a function of the certifier under this Act or the Planning Act;(c)falsely claims to be appropriately licensed to carry out building assessment work of a particular type;(d)acts outside the scope of the certifier’s powers under this Act or the Planning Act;(e)contravenes the code of conduct;(f)acts in a way, in relation to the certifier’s practice, that is grossly negligent or grossly incompetent.
s 127 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2012 No. 3s 132 sch128Building certifier must not perform building certifying function if there is a conflict of interest(1)A building certifier who is not a private certifier must not perform a building certifying function if, in performing the function, the certifier has a conflict of interest.Note—See also section 132.(2)For subsection (1), the occasions when a building certifier has a conflict of interest include, but are not limited to, when the certifier—(a)is to carry out the building work the subject of the building certifying function; or(b)is engaged by the owner of the building or the builder to perform a function other than—(i)a building certifying function; or(ii)to manage a development application; or(iii)give regulatory advice about any matter; or
(c)has a direct or indirect pecuniary interest in the building.
(3)In this section—builder means the person who will be carrying out the building work the subject of the building certifying function.building work includes—(a)the preparation of the design of all or part of the building; or(b)carrying out all or part of building work.
owner means the owner of the building.the building means the building or structure the subject of building assessment work to be carried out under the building certifying functions.s 128 ins 2006 No. 36s 5Division 2Code of conductdiv hdg ins 2006 No. 36s 5129Code of conduct(1)The code of conduct is the document called ‘Code of Conduct for Building Certifiers’ made by the chief executive on 20 October 2003 and tabled in the Legislative Assembly on 14 November 2003, as amended or replaced from time to time under this section.(2)The chief executive may amend or replace the document mentioned in subsection (1) or any amendment or replacement of it.(3)However, the amendment or replacement does not take effect until it is approved under a regulation.(4)A reference to the code of conduct is taken to include any amendment or replacement under subsection (2) that has taken effect.s 129 ins 2006 No. 36s 5130Tabling and inspection of amendment or replacement not part of or attached to regulation(1)This section applies if—(a)a regulation made under section 129 approves an amendment or replacement of the code of conduct; and(b)the amendment or replacement is not part of, or attached to, the regulation.
(2)The Minister must, within 14 sitting days after the regulation is notified, table a copy of the amendment or replacement in the Legislative Assembly.(3)A failure to comply with subsection (2) does not invalidate or otherwise affect the regulation.s 130 ins 2006 No. 36s 5amd 2013 No. 39s 110sch 3 pt 2131Access to code of conductThe chief executive must make the code of conduct available to the public, as if the code were a document that, under the Planning Act, section 264, the chief executive must keep available for inspection only.s 131 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2016 No. 27 s 89Division 3Miscellaneous provisionsdiv hdg ins 2006 No. 36s 5132Effect of building certifier not complying with Act if no penalty provided(1)This section applies if—(a)a building certifier does not comply with a provision of this Act about building or private certifying functions; and(b)no penalty is stated for the failure to comply.
Examples of provisions mentioned in subsection (1)—sections 48, 88, 102, 105, 127, 128, 137 and 139(2)The failure to comply is not an offence.(3)For the definition of unsatisfactory conduct in schedule 2, the failure is taken to be conduct that is contrary to a function under this Act.s 132 ins 2006 No. 36s 5amd 2013 No. 5s 94 sch133Additional functions of QBCC for building certificationAs well as its functions under the Queensland Building and Construction Commission Act 1991, QBCC has the following functions under this Act—(a)under part 3, to license individuals as building certifiers and give private certification and development approval endorsements;(b)to monitor compliance with this chapter by building certifiers;(c)to carry out audits of building and private certifying functions;(d)under part 3, to investigate written complaints made to it about alleged unsatisfactory conduct or professional misconduct by building certifiers or former building certifiers;(e)to take disciplinary action against building certifiers or former building certifiers for unsatisfactory conduct or professional misconduct;(f)to give the chief executive, at least once each year, a list of building certifiers and a summary of disciplinary action taken against building certifiers;(g)under part 3, to keep a register of building certifiers.
s 133 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1133ABuilding certifier to have regard to particular guidelinesIn performing a function under this Act, including, for example, a building certifying function, a building certifier must have regard to the guidelines made under section 258 that are relevant to performing the function.s 133A ins 2009 No. 51s 23Part 2Private certifierspt hdg ins 2006 No. 36s 5Division 1Regulation of private certifying functionsdiv hdg ins 2006 No. 36s 5134Restriction on performing functions of private certifier (class A)A person must not perform a function under section 48 unless the person is a private certifier (class A).Maximum penalty—165 penalty units.s 134 ins 2006 No. 36s 5135Restriction on private certifier performing functions for building development applications(1)A private certifier must not perform a private certifying function for a building development application unless the certifier is appropriately licensed to carry out the type of building assessment work required for the application.Maximum penalty—165 penalty units.(2)In performing a private certifying function, a private certifier must comply with the building assessment provisions, chapter 5 and this chapter.Maximum penalty—165 penalty units.s 135 ins 2006 No. 36s 5136Offence for private certifier not to act in public interest in performing private certifying function(1)A private certifier must, in performing a private certifying function, always act in the public interest.Maximum penalty—1,665 penalty units.(2)For subsection (1), the occasions when a private certifier does not act in the public interest in performing a private certifying function include, but are not limited to, when the certifier does any of the following—(a)seeks, accepts or agrees to accept a benefit (whether for the certifier’s benefit or someone else) as a reward or inducement to act other than under this Act;(b)acts in a way contrary to a function of the certifier under this Act or the Planning Act;(c)falsely claims to be appropriately licensed to carry out building assessment work of a particular type;(d)acts outside the scope of the certifier’s powers under this Act or the Planning Act;(e)contravenes the code of conduct;(f)acts in a way, in relation to the certifier’s practice, that is grossly negligent or grossly incompetent.
s 136 ins 2006 No. 36s 5amd 2009 No. 36s 872sch 2; 2012 No. 3s 132 sch137Private certifier must not perform private certifying function if there is a conflict of interest(1)A private certifier must not perform a private certifying function if, in performing the function, the certifier has a conflict of interest.Note—See also section 132.(2)For subsection (1), the occasions when a private certifier has a conflict of interest in performing a private certifying function include, but are not limited to, when the certifier—(a)is to carry out the building work the subject of the building certifying function; or(b)is engaged by the owner of the building or the builder to perform a function other than—(i)a building certifying function; or(ii)to manage a development application; or(iii)give regulatory advice about any matter; or
(c)has a direct or indirect pecuniary interest in the building.
(3)In this section—builder means the person who will be carrying out the building work the subject of the private certifying function.building work includes—(a)the preparation of the design of all or part of the building; or(b)carrying out all or part of building work.
owner means the owner of the building.the building means the building or structure the subject of building assessment work to be carried out under the private certifying function.s 137 ins 2006 No. 36s 5Division 2Engagement of private certifiersdiv hdg ins 2006 No. 36s 5138Power to contract to perform private certifying functions(1)Subject to sections 140 and 141—(a)a private certifier may enter into a contract to perform private certifying functions; and(b)a person or public sector entity (a private certifier employer) who employs private certifiers may enter into a contract to provide the services of any of the private certifiers to perform private certifying functions for others.
(2)However, a local government can not enter into a contract mentioned in subsection (1)(b).(3)Subsection (2) does not prevent a local government from performing functions required of it under section 51.(4)A contract made under subsection (1) is an engagement of the private certifier or certifiers who, under the contract, are to perform private certifying functions.(5)The person for whom private certifying functions are agreed to be performed under an engagement of a private certifier is the certifier’s client.s 138 ins 2006 No. 36s 5139General restrictions on private certifier entering into engagementA private certifier must not enter into an engagement as a private certifier if, under the engagement, the certifier is to perform private certifying functions that, if performed, will, or are likely to, contravene section 136 or 137.Note—See also section 132.s 139 ins 2006 No. 36s 5140Restriction on engagement of private certifier (class B)(1)This section applies to any of the following persons (the service provider) who proposes to enter into an engagement of a private certifier for a building development application—(a)a private certifier (class B);(b)a private certifier employer who does not employ any private certifier (class A).
(2)The service provider must not enter into the engagement unless the service provider has disclosed in writing to the proposed client that the private certifier proposed to be engaged can not decide whether to grant or refuse a development approval for the application.Maximum penalty—20 penalty units.(3)If the engagement is entered into, the service provider may enter into a written agreement with any of the following persons to decide whether the development approval is to be granted or refused—(a)a private certifier (class A);(b)a private certifier employer who employs a private certifier (class A).
s 140 ins 1998 No. 13s 10amd 2002 No. 77s 163sub 2006 No. 36s 5141Requirements for engagement of private certifier(1)An engagement of a private certifier must be written and state the fees payable by the client to the certifier or, for an engagement of a private certifier employer, the employer.(2)The mere making of a building development application to a private certifier does not, of itself, constitute an engagement of the certifier by the applicant.s 141 ins 2006 No. 36s 5142Engagement of private certifier (class A) taken to include inspection and certificationIf a private certifier (class A) is engaged to assess a building development application, the certifier is taken to have also been engaged to inspect and certify building work authorised by a development approval issued because of the application.s 142 ins 2006 No. 36s 5143Notice of engagement to local governmentIf a private certifier is engaged by a client to perform private certifying functions for a building or building assessment work, the certifier must, within 5 business days after the engagement starts—(a)give notice of the engagement to the local government; and(b)if the owner of the building is not the client or the applicant under the relevant building development application, give the owner notice of—(i)the private certifier’s name; and(ii)the details, in an approved form, of the responsibilities of the private certifier performing the work.
Maximum penalty—40 penalty units.s 143 ins 2006 No. 36s 5144Restriction on discontinuing engagement(1)This section applies if—(a)a party to an engagement of a private certifier may, under the engagement, discontinue it; and(b)the party takes whatever action is required under the engagement to discontinue it.
(2)The discontinuance does not take effect until all other parties to the engagement have been given notice in the approved form of the discontinuance.(3)The private certifier must, within 5 business days after the discontinuance takes effect under subsection (2), give the local government a copy of the notice.s 144 ins 2006 No. 36s 5145Effect of transfer of functions for building development approval to local government or replacement private certifier(1)This section applies if, for building work authorised by a building development approval, the engagement of a private certifier (the original certifier) is discontinued and—(a)a replacement private certifier (the replacement) is engaged to inspect and certify the work; or(b)if a replacement private certifier has not been engaged under paragraph (a)—a local government building certifier for the approval (also the replacement) must, under section 51, inspect and certify the work.
(2)The replacement is not liable for building certifying functions performed by the original certifier.(3)The replacement may, in performing building certifying functions for the approval, accept and, without further checking, rely and act on any inspection documentation given by or for the original certifier.s 145 ins 2006 No. 36s 5amd 2013 No. 5s 94 sch146Agreed fee recoverable despite valid refusal of particular actions(1)This section applies if—(a)a client engages a private certifier to perform a private certifying function and the certifier has carried out work under the engagement; and(b)the certifier has refused to do any of the following for the work because the building assessment provisions or an assessment benchmark under the Planning Act has not been complied with, or for another valid reason—(i)approve a building development application;(ii)issue a building development approval;(iii)give a certificate of classification;(iv)certify building work.
(2)The client must, despite the refusal, pay the private certifier the fee for the work agreed to under the engagement with the certifier.s 146 ins 2006 No. 36s 5amd 2016 No. 27 s 90Division 3Record-keeping and related requirementsdiv hdg ins 2006 No. 36s 5147Building development applications and approval documents(1)This section applies if—(a)a private certifier is engaged for a building development application; and(b)the building development approval applied for is granted.
(2)The private certifier must, for at least 5 years from the relevant day, keep a copy of the application and the approval documents for the application.Maximum penalty—20 penalty units.(3)In this section—relevant day means—(a)for a private certifier (class A)—the later of the following days—(i)the day a final inspection certificate for the building work or a certificate of classification for the building is given;(ii)if the approval for the building work lapses—the day the approval lapsed; or
(b)for a private certifier (class B)—the day the private certifier gave the compliance certificate for the building work.
s 147 ins 2006 No. 36s 5amd 2012 No. 3s 132 sch148Obligation to give inspection documentation to owner of building(1)This section applies if the engagement of a private certifier for building work is discontinued before the giving of a final inspection certificate for the relevant building work or a certificate of classification for the relevant building.(2)The private certifier must, within the following period, give the owner of the building a copy of the inspection documentation for inspection of the building work—(a)if the inspection documentation includes a certificate relied on by the private certifier—within 5 business days after the certifier accepts the certificates;(b)otherwise—within 5 business days after the engagement is discontinued.
Maximum penalty—80 penalty units.s 148 ins 2006 No. 36s 5149Obligation to give inspection documentation and any reminder notice to local government(1)A private certifier must give the local government a copy of all inspection documentation prepared by or for the certifier for building work within 5 business days after the earlier of the following to happen—(a)the giving of a final inspection certificate for the building work or a certificate of classification for the relevant building;(b)the discontinuance of the engagement of the private certifier;(c)the lapsing of the building development approval.
Maximum penalty—40 penalty units.(2)However, if the inspection documentation includes certificates relied on by the private certifier, subsection (1) does not apply until 5 business days after the certifier has accepted all the certificates.(3)If the building development approval lapses, the private certifier must, within 5 business days after the lapsing, also give the local government a copy of the relevant reminder notice given under section 95.Maximum penalty—40 penalty units.s 149 ins 2006 No. 36s 5amd 2013 No. 5s 94 sch150Obligation to keep inspection documentationA private certifier must keep all inspection documentation for building work for which the certifier is engaged for at least 5 years after the building work is completed.Maximum penalty—20 penalty units.s 150 ins 2006 No. 36s 5Part 3Licensing of building certifierspt hdg ins 2006 No. 36s 5Division 1Licence levels and their rolesdiv hdg ins 2006 No. 36s 5151LevelsQBCC must, in exercising its power under division 2 to issue a licence to a building certifier, issue the licence at 1 of the following levels—(a)building certifier–level 1;(b)building certifier–level 2;(c)building certifier–level 3.
s 151 ins 2006 No. 36s 5amd 2012 No. 3s 10; 2013 No. 38s 14sch 1152Role of building certifier–level 1A building certifier–level 1 may perform building certifying functions for all classes of buildings and structures.s 152 ins 2006 No. 36s 5amd 2012 No. 3s 11153Role of building certifier–level 2A building certifier–level 2 may only—(a)without the supervision of a building certifier–level 1—perform building certifying functions on buildings and structures having a rise of no more than 3 storeys and a total floor area no more than 2,000m2; or(b)under the supervision of a building certifier–level 1—help in assessing and inspecting all classes of buildings and structures.
s 153 ins 2006 No. 36s 5amd 2012 No. 3s 12154Role of building certifier–level 3A building certifier–level 3 may only perform building certifying functions on class 1 buildings or class 10 buildings or structures.s 154 ins 2006 No. 36s 5amd 2008 No. 13s 7sub 2009 No. 51s 24; 2012 No. 3s 13Division 2Applying for and obtaining licencediv hdg ins 2006 No. 36s 5amd 2010 No. 35s 10 sch155Who may apply(1)An individual may apply to QBCC for a licence at the level of building certifier–level 1 or building certifier–level 2 only if the individual holds a current accreditation issued by an accreditation standards body.(2)An individual may apply to QBCC for a licence at the level of building certifier–level 3 only if—(a)the individual holds a current accreditation issued by an accreditation standards body; and(b)either—(i)the individual holds, or has previously held, a licence at, or equivalent to, that level; or(ii)both of the following apply—(A)the individual has at least 1 year’s experience carrying out level 3 work under the supervision of a person licensed as a building certifier–level 1 or a building certifier–level 2;(B)the period of experience mentioned in subsubparagraph (A) was completed not more than 2 years before the application for the licence is made.
(3)In this section—level 3 work means work usually carried out by a building certifier–level 3 working as a building certifier–level 3.s 155 ins 2006 No. 36s 5amd 2009 No. 51s 25; 2012 No. 3s 14sub 2013 No. 5s 61amd 2013 No. 38s 14sch 1156Requirements for licence applicationThe application must—(a)be in the approved form; and(b)state the level of licence applied for; and(c)be accompanied by each of the following—(i)the application fee prescribed under a regulation;(ii)the licence fee for the licence prescribed under a regulation;(iii)evidence of the applicant’s identity;(iv)a copy of the applicant’s certificate of accreditation from an accreditation standards body for the level of licence applied for.
s 156 ins 2006 No. 36s 5157Decision on licence application(1)Subject to section 187, QBCC must consider the application and decide to—(a)license the applicant at the level of licensing for which the applicant applied; or(b)refuse to license the applicant.
(2)However, QBCC may decide to license the applicant only if it is satisfied the applicant is a suitable person to hold a licence.(3)QBCC may impose conditions on the licence.s 157 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1158Steps after making decision(1)If QBCC decides to license the applicant, it must issue the licence to the applicant.(2)If QBCC decides to refuse to license the applicant or to impose conditions on any licence issued to the applicant, it must give the applicant an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.s 158 ins 2006 No. 36s 5amd 2010 No. 21s 3 sch; 2013 No. 38s 14sch 1; 2014 No. 56s 68sch 1159Duration of licenceSubject to section 168, a licence remains in force for 1 year, unless it is earlier cancelled, suspended or surrendered under this Act.s 159 ins 2006 No. 36s 5Division 3Private certification endorsementsdiv hdg ins 2006 No. 36s 5160EndorsementsSubject to section 163, QBCC may endorse on a building certifier’s licence that the certifier may—(a)perform building certifying functions as a private certifier (a private certification endorsement); and(b)if the licence has a private certification endorsement—perform the function under section 48 of issuing building development approvals (a development approval endorsement).
s 160 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1161Who may apply for endorsement(1)A building certifier may apply for a private certification or development approval endorsement at any time.(2)A person who has applied for a licence may, together with or after the making of the licence application, apply for a private certification or development approval endorsement on the licence if it is issued.s 161 ins 2006 No. 36s 5162Requirements for endorsement applicationThe application must be in the approved form and accompanied by the fee prescribed under a regulation.s 162 ins 2006 No. 36s 5163Restrictions on making endorsement(1)A private certification endorsement may be made only if the applicant has the insurance for private certification prescribed under a regulation.(2)A development approval endorsement may be made only if the applicant has satisfactorily completed the course, prescribed under a regulation, about issuing building development approvals.s 163 ins 2006 No. 36s 5amd 2009 No. 51s 26; 2012 No. 3s 15164Notice of refusalIf QBCC decides to refuse the application, it must give the applicant an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.s 164 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1; 2014 No. 56s 68sch 1Division 4Renewalsdiv hdg ins 2006 No. 36s 5165Notice of expiry of licence(1)QBCC must, at least 20 business days before each building certifier’s licence expires, give the certifier notice of the expiry.(2)The notice must state—(a)the day the licence will expire; and(b)that, if the building certifier wishes to renew the licence, the certifier must, on or before the expiry day—(i)apply to renew the licence; and(ii)pay the licence fee prescribed under a regulation for the period of the renewed licence; and
(c)how to apply to renew the licence.
s 165 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1166Automatic expiry on failure to apply for renewal(1)If a building certifier does not apply to renew the certifier’s licence on or before the day the licence expires, the licence expires at the end of the day.(2)Subsection (1) applies whether or not QBCC has complied with section 165 in relation to the expiry.s 166 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1167Applying for renewal(1)A building certifier may apply to QBCC to renew the certifier’s licence.(2)However, the application can not be made—(a)after the licence expires; or(b)if the building certifier is, under section 155, not qualified to apply for a licence.
(3)The application must be in the approved form and accompanied by—(a)the licence fee prescribed under a regulation; and(b)evidence of the applicant’s identity; and(c)evidence that the applicant continues to hold accreditation from an accreditation standards body for the level of licence; and(d)if the applicant’s licence has private certification endorsement and the applicant is applying to continue the endorsement—evidence that the applicant has the insurance for private certification prescribed under a regulation.
s 167 amd 1984 No. 45s 15sub 1998 No. 13s 10; 2006 No. 36s 5amd 2013 No. 5s 94 sch; 2013 No. 38s 14sch 1168Existing licence taken to be in force while application is being considered(1)If an application is made under section 167 to renew a licence, the licence is taken to continue in force from the day it would, apart from this section, have expired until the application is decided.(2)Subsection (1) does not apply if the licence is earlier cancelled, suspended or surrendered under this Act.s 168 ins 2006 No. 36s 5169Decision on renewal application(1)Subject to section 187, QBCC must consider the application and decide to—(a)renew the licence at the level of licensing for which the applicant applied; or(b)refuse to renew the licence.
(2)However, QBCC may decide to renew the licence only if it is satisfied the applicant is still a suitable person to hold a licence.s 169 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1170Steps after making decision(1)If QBCC decides to renew the licence, it must issue the renewed licence to the applicant.(2)If QBCC refuses to renew the licence, it must give the applicant an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.s 170 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1; 2014 No. 56s 68sch 1Division 5Cancellation and suspension of, and other changes to, licences and cancellation of endorsementsdiv hdg ins 2006 No. 36s 5Subdivision 1QBCC’s powerssdiv hdg ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1171Power to amend, cancel or suspend licence(1)QBCC may, on the ground that a building certifier is not a suitable person to hold a licence, do either of the following in relation to the certifier’s licence—(a)amend it to impose or remove a condition;(b)cancel or suspend it.
(2)The power under subsection (1) may be exercised at any time after QBCC has complied with subdivision 2.(3)To remove any doubt, it is declared that QBCC can not, under subsection (1), amend, cancel or suspend the certifier’s licence if QBCC considers the building certifier is not a suitable person to hold a licence because of unsatisfactory conduct or professional misconduct.Note—For conduct mentioned in subsection (3), see part 4 (Complaints, investigations and disciplinary proceedings relating to building certifiers).s 171 ins 2006 No. 36s 5amd 2009 No. 24s 1271; 2013 No. 38s 14sch 1172Power to change licence level(1)If QBCC is satisfied a building certifier no longer holds accreditation from an accreditation standards body for the level of the certifier’s licence, it may do either of the following in relation to the certifier’s licence—(a)amend it to impose or remove a condition or change the certifier’s level of licensing;(b)cancel or suspend it.
(2)The power under subsection (1) may be exercised at any time after QBCC has complied with subdivision 2.s 172 ins 2006 No. 36s 5amd 2013 No. 5s 94 sch; 2013 No. 38s 14sch 1173Cancellation of endorsement of licence to act as private certifierIf QBCC is satisfied a private certifier does not have the insurance for private certification prescribed under a regulation, it must—(a)give the certifier a show cause notice that it proposes to cancel the endorsement; and(b)subject to any submissions made under subdivision 2—amend the licence by cancelling the endorsement.
s 173 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1174Notice of particular events to interstate licensing authorities and other entities(1)This section applies if any of the following (the event) happens in relation to a building certifier’s licence—(a)it is cancelled or suspended;(b)it is amended under this subdivision.
(2)As soon as practicable after the happening of the event, QBCC must give notice of the event to the authority in any other State or New Zealand of which it is aware the building certifier has a licence (however called) that is the same, or substantially the same, as a licence under this part.(3)Also, QBCC may give notice of the event to all or any of the following—(a)each accreditation standards body;(b)any employer of or person who has appointed the building certifier to perform building or private certifying functions;(c)another entity QBCC reasonably believes needs to know about the event.
(4)A notice under this section may include the information QBCC considers appropriate in the circumstances.s 174 ins 2006 No. 36s 5amd 2008 No. 13s 2 sch; 2010 No. 21s 7; 2013 No. 38s 14sch 1; 2014 No. 56s 26Subdivision 2Show cause notice proceduresdiv hdg ins 2006 No. 36s 5175Show cause notice(1)If QBCC believes grounds exist to act under subdivision 1, it must, before taking the action, give the relevant building certifier a notice (a show cause notice).(2)The show cause notice must state each of the following—(a)the proposed action;(b)the grounds for taking the proposed action;(c)the facts and circumstances forming the basis for the grounds;(d)if the proposed action is to amend the licence—the proposed amendment;(e)if the proposed action is to suspend the licence—the proposed suspension period;(f)that the building certifier may, within a stated period (the show cause period), make submissions about why the proposed action should not be taken.
(3)The show cause period must end at least 20 business days after the building certifier is given the show cause notice.(4)The proposed suspension period may be fixed by reference to the happening of a stated event.Example—If the ground for taking the proposed action is a failure to carry out a statutory obligation relating to a building or private certifying functions, the proposed suspension period could be until the obligation is complied with.s 175 ins 2006 No. 36s 5amd 2013 No. 5s 94 sch; 2013 No. 38s 14sch 1176Submissions about show cause notice(1)The building certifier may, within the show cause period, make submissions to QBCC about the show cause notice.(2)QBCC must consider the submissions.s 176 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1177Decision on proposed action(1)After considering the submissions for the show cause notice, QBCC must decide whether to take the proposed action.(2)If the proposed action is to cancel the building certifier’s licence, QBCC may instead decide to suspend it for a stated period.s 177 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1178Notice and taking effect of decision(1)If QBCC decides not to take the proposed action, it must give the building certifier notice of the decision.(2)If QBCC decides to take the proposed action, it must give the building certifier an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.(3)A decision to take the proposed action takes effect when the information notice is given.s 178 ins 2006 No. 36s 5amd 2010 No. 21s 3 sch; 2013 No. 38s 14sch 1; 2014 No. 56s 68sch 1Division 6General provisions about licencesdiv hdg ins 2006 No. 36s 5179Register of building certifiers(1)QBCC must keep a register of building certifiers.(2)The register may be kept in the way QBCC considers appropriate, including, for example, in an electronic form.(3)The register must contain the following particulars for each building certifier—(a)their name, licence number and business contact details;(b)the following information about their licence—(i)its day of issue and expiry;(ii)any endorsements on the licence;(iii)its level;(iv)if conditions are imposed on the licence—the conditions;
(c)details of their eligibility for licensing as a building certifier;(d)if, under section 204(1), QBCC decides the building certifier has engaged in unsatisfactory conduct—(i)details of the decision; and(ii)if the decision was that the building certifier has engaged in unsatisfactory conduct—details of the further decision required under section 204(4);
(e)if the tribunal makes an order about the building certifier—details of the order, other than any details identified in the order as details not to be included in the register.
(4)Particulars recorded under subsection (3)(d) must be removed from the register 5 years after they were recorded in the register.(5)Particulars recorded under subsection (3)(e) must be removed from the register at the end of the period during which the order states the details are to be included in the register.s 179 ins 2006 No. 36s 5amd 2009 No. 24s 1272; 2013 No. 38s 14sch 1180Access to registerQBCC must—(a)make the register available for inspection by anyone while its office is open for business; and(b)give, on payment of any reasonable fee requested by it, anyone who asks for it a copy of all or part of the information held in the register; and(c)place, on its website, a link to the register.
s 180 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1181Surrendering licence(1)A building certifier may surrender the certifier’s licence by notice to QBCC.(2)The surrender takes effect—(a)on the day the notice is given to QBCC; or(b)if a later day of effect is stated in the notice—on the later day.
(3)The building certifier must, unless the certifier has a reasonable excuse, return the licence to QBCC within 10 business days after the day the surrender takes effect.Maximum penalty for subsection (3)—10 penalty units.s 181 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1182Obtaining replacement licence(1)A building certifier may apply to QBCC in the approved form for the replacement of the certifier’s licence if it has been damaged, destroyed, lost or stolen.(2)If QBCC is satisfied the licence has been damaged, destroyed, lost or stolen, QBCC must—(a)replace it with another licence; and(b)give the applicant the replacement licence.
s 182 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1183Obligation of building certifier to give notice of change in particular circumstances(1)This section applies if a building certifier—(a)changes address; or(b)holds, in another State or New Zealand, a licence (however called) that is the same, or substantially the same, as a licence under this part and the licence is cancelled or suspended; or(c)is, after the issuing of the building certifier’s licence under this part, convicted of a relevant offence.
(2)The building certifier must give QBCC notice of the change, cancellation, suspension or conviction within 20 business days after it happened.Maximum penalty—(a)if the offence relates to subsection (1)(a)—1 penalty unit; or(b)if the offence relates to subsection (1)(b) or (c)—40 penalty units.
s 183 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1Division 7Miscellaneous provisionsdiv hdg ins 2006 No. 36s 5184Accreditation standards bodies(1)An accreditation standards body is—(a)AIBS; and(b)any other entity prescribed under a regulation to be an accreditation standards body.
(2)An entity may be prescribed under subsection (1)(b) only if it has identifiable competence and expertise in issuing accreditation to building certifiers.s 184 ins 2006 No. 36s 5185Function of accreditation standards body(1)The function of an accreditation standards body is to issue accreditation to individuals proposing to apply to be building certifiers.(2)For subsection (1), an accreditation standards body must—(a)for each level of licensing as a building certifier, set educational and experiential standards approved by the chief executive; and(b)if the standards are within the scope of the national accreditation framework for building certifiers—ensure the standards comply with the framework; and(c)establish a professional development scheme approved by the chief executive.
(3)In this section—national accreditation framework means the framework, as amended from time to time, approved by the body known as the Australian Building Codes Board.s 185 ins 2006 No. 36s 5amd 2008 No. 13s 8; 2009 No. 51s 27186Criteria for deciding suitability of applicants and licensees(1)This section applies if, under this part, QBCC is considering whether an applicant for, or for the renewal of, a licence or a licence holder is a suitable person to hold a licence.(2)QBCC must consider each of the following—(a)whether the applicant or holder has been convicted of a relevant offence;(b)whether the applicant or holder has previously been refused a licence, or has had a licence suspended or cancelled, under this Act or another relevant Act;(c)whether the applicant or holder has, under another relevant Act, been disqualified from holding a licence under that Act;(d)dealings in which the applicant or holder has been involved and the standard of honesty and integrity demonstrated in the dealings;(e)any failure by the applicant or holder to carry out statutory obligations relating to building or private certifying functions, and the reasons for the failure;(f)whether the applicant or holder holds a current accreditation issued by an accreditation standards body;(g)all other relevant circumstances.
s 186 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1187QBCC may seek information from applicants about suitability(1)This section applies to an application for, or to renew, a licence.(2)QBCC may, by notice to the applicant, require the applicant to give it, within a stated reasonable period, documents or information QBCC reasonably considers is needed to establish that the applicant is a suitable person to hold a licence.(3)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.s 187 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1188Refund of particular licence fees accompanying applicationsIf an application for, or to renew, a licence is refused or withdrawn, QBCC must refund the applicant the licence fee that accompanied the application.s 188 ins 2006 No. 36s 5amd 2013 No. 38s 14sch 1189Reviews by tribunal of decisions under pt 3(1)This section applies if a person is given, or is entitled to be given, an information notice about a decision of QBCC under this part.(2)The person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.s 189 ins 2006 No. 36s 5amd 2009 No. 24s 1273 (amd 2009 No. 48s 104); 2013 No. 38s 14sch 1Part 4Complaints, investigations and disciplinary proceedings relating to building certifierspt hdg (prev pt 5A hdg (orig div 4 hdg)) ins 1998 No. 13s 19sub 2002 No. 77s 176reloc and renum 2006 No. 36s 39Division 1Complaintsdiv hdg ins 2002 No. 77s 176190Making a complaint against a building certifier(1)A person may make a complaint to QBCC about a building certifier if the person believes the building certifier has engaged in unsatisfactory conduct or professional misconduct.(2)A complaint must—(a)be in writing; and(b)contain particulars of the allegations on which it is founded; and(c)be verified by statutory declaration.
(3)QBCC may require the complainant to give further particulars of the complaint.(4)QBCC may dismiss any complaint without taking further action under this division if the further particulars are not given or if the complaint or the further particulars are not verified by statutory declaration.(5)QBCC must not disclose to another person unproved complaints against a building certifier.s 190 ins 1998 No. 13s 19amd 2002 No. 77s 177; 2013 No. 38s 14sch 1191Building certifier must be advised of complaint(1)After receiving the complaint, QBCC must, by notice—(a)inform the building certifier of the nature of the complaint; and(b)invite the building certifier to make, within the time stated in the notice, representations to QBCC about the complaint.
(2)The time stated in the notice must be at least 5 business days after the notice is given.(3)If QBCC makes a decision about the complaint under section 204, QBCC must have regard to the representations when making the decision.s 191 ins 1998 No. 13s 19amd 2002 No. 77s 178; 2006 No. 36s 40; 2013 No. 38s 14sch 1192QBCC may recommend mediation to resolve complaint(1)If QBCC considers a complaint about a building certifier is capable of resolution by mediation, QBCC must give the complainant and the building certifier a notice stating—(a)that QBCC considers the complaint is capable of resolution by mediation; and(b)attendance at, and participation in, mediation is voluntary; and(c)that either party may withdraw from the mediation at any time; and(d)when the mediation ends; and(e)the effect of giving QBCC a certificate about the mediation.
(2)QBCC may recommend the complainant and the building certifier enter into a process of mediation to resolve the complaint as soon as practicable and before QBCC investigates the complaint.s 192 ins 2002 No. 77s 179amd 2006 No. 36s 41; 2013 No. 38s 14sch 1193Mediation process(1)If, at mediation, the parties agree to a resolution to the complaint, the agreement must be signed by, or for, each party and by the mediator (the mediation agreement).(2)Mediation ends on the earlier of the following—(a)if a party withdraws from mediation—the day the party withdraws;(b)if the parties agree the mediation has ended—the day the parties agree mediation has ended;(c)if there is a mediation agreement—the day the agreement is signed;(d)unless QBCC extends the period and advises parties in writing of the extension—20 business days after notice is given under section 192.
(3)As soon as practicable after mediation has ended, the mediator must give QBCC a certificate about the mediation in the approved form.(4)If the parties sign an agreement, the complaint is taken to be withdrawn.s 193 ins 2002 No. 77s 179amd 2006 No. 36s 42; 2013 No. 38s 14sch 1194Investigation of complaint(1)This section applies if—(a)QBCC does not recommend the complainant and the building certifier enter into mediation; or(b)QBCC recommends the complainant and the building certifier enter into mediation and the complaint is not resolved when the mediation ends.
(2)QBCC must conduct an investigation into the complaint as soon as practicable.(3)QBCC may deal with 1 or more complaints about a building certifier in the same investigation.(4)If during an investigation QBCC is satisfied there is a matter about which another complaint could have been made against the building certifier, QBCC may deal with the matter in its investigation as if a complaint had been made about the matter.s 194 ins 1998 No. 13s 19sub 2002 No. 77s 180amd 2013 No. 38s 14sch 1Division 2Investigationsdiv hdg (prev div 5 hdg) ins 1998 No. 13s 19sub 2002 No. 77s 181195QBCC may require documents to be produced(1)For investigating a complaint or conducting an audit, QBCC may, by notice given to a building certifier, require the building certifier to produce a document to QBCC, or a person authorised by QBCC (an auditor).(2)The notice may also state—(a)a time and place by which the document must be produced; or(b)that the document must be verified by statutory declaration.
(3)The time for compliance stated in the notice must be a reasonable time.(4)The building certifier must comply with the notice, unless the building certifier has a reasonable excuse.Maximum penalty for subsection (4)—50 penalty units.s 195 ins 1998 No. 13s 19amd 2002 No. 77s 182; 2006 No. 36s 43; 2013 No. 38s 14sch 1196Issue of identity card to auditor(1)QBCC must issue an identity card to each auditor.(2)The identity card must—(a)contain a recent photo of the auditor; and(b)contain a copy of the auditor’s signature; and(c)identify the person as an approved auditor under this Act; and(d)state an expiry date for the card.
(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.s 196 ins 2006 No. 36s 44amd 2013 No. 38s 14sch 1197Production or display of identity card(1)In exercising a power under this Act in relation to another person, an auditor must—(a)produce his or her identity card for the person’s inspection before exercising the power; or(b)have the identity card displayed so it is clearly visible to the person when exercising the power.
(2)However, if it is not practicable to comply with subsection (1), the auditor must produce the identity card for the person’s inspection at the first reasonable opportunity.s 197 ins 2006 No. 36s 44198Inspection of documentsAn auditor may inspect any document produced to QBCC and copy it or any part of it.s 198 ins 1998 No. 13s 19sub 2002 No. 77s 183amd 2013 No. 38s 14sch 1199Power to enter and inspect building site relating to complaint or audit(1)For investigating a complaint or conducting an audit, an auditor may enter and inspect a building site to which the complaint or audit relates.(2)The entry and inspection must be—(a)made with the consent of the person in control of the building site; or(b)authorised by warrant of a magistrate; or(c)done when building work is being carried out at the building site.
(3)However, an entry and inspection carried out only under subsection (2)(c) must not include a part of a building in which a person resides.(4)For the purpose of asking the person in control of the building site for consent to enter, the auditor may, without the person’s consent or a warrant enter the site to the extent that is reasonable to contact the person.(5)An auditor may apply to a magistrate for a warrant under this section for a particular building site.(6)The application must be sworn and state the grounds on which it is sought.(7)If the magistrate requires further information about the grounds on which the warrant is sought, the magistrate must not issue the warrant unless the auditor or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.(8)The magistrate may issue the warrant only if the magistrate is satisfied there is a proper reason for entering and inspecting the building site.(9)The warrant must state—(a)that the auditor may, with necessary and reasonable help and force, enter and inspect the building site; and(b)the hours of the day when entry may be made; and(c)the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect.
s 199 ins 1998 No. 13s 19amd 2002 No. 77s 184; 2006 No. 36s 45200Procedure before entry(1)This section applies if an auditor is, under section 199, intending to enter a building site, other than to the extent mentioned in section 199(4).(2)Before entering the building site, the auditor must do or make a reasonable attempt to do each of the following things—(a)identify himself or herself to a person present at the building site who is an occupier of the building site, in the way stated in section 197;(b)if the entry is being made under a warrant—give the person a copy of the warrant;(c)tell the person the auditor is, under section 199, permitted to enter the building site;(d)give the person an opportunity to allow the auditor immediate entry to the building site without using force.
(3)However, the auditor need not comply with subsection (2) if the auditor believes on reasonable grounds that complying with the subsection may frustrate or otherwise prevent the investigation of the complaint or the conduct of the audit.s 200 ins 2006 No. 36s 46201Cooperating with investigation or audit(1)A building certifier who is being investigated or audited by QBCC must assist in and cooperate with the investigation or audit.(2)A building certifier engages in professional misconduct if the building certifier, without reasonable excuse—(a)fails to comply with subsection (1) or section 195; or(b)misleads or obstructs QBCC in the exercise of any function under this division.
s 201 ins 1998 No. 13s 19amd 2002 No. 77s 185; 2013 No. 38s 14sch 1202False or misleading statements(1)A person must not, in relation to an investigation or audit under this part, state anything to QBCC that the person knows is false or misleading in a material particular.Maximum penalty—165 penalty units.(2)In a proceeding for an offence against subsection (1), it is enough to state that the statement made was, without specifying which, false or misleading.s 202 ins 2002 No. 77s 186amd 2013 No. 38s 14sch 1203False or misleading documents(1)A person must not, in relation to an investigation or audit under this part, give QBCC a document containing information the person knows is false or misleading in a material particular.Maximum penalty—165 penalty units.(2)Subsection (1) does not apply to a person if the person, when giving the document—(a)tells QBCC, to the best of the person’s ability, how it is false or misleading; and(b)if the person has, or can reasonably obtain, the correct information—gives the correct information to QBCC.
(3)In a proceeding for an offence against subsection (1), it is enough to state that the document was, without specifying which, false or misleading.s 203 ins 2002 No. 77s 186amd 2013 No. 38s 14sch 1204Decision after investigation or audit completed(1)After investigating a complaint or conducting an audit, QBCC must decide whether or not the building certifier has engaged in unsatisfactory conduct or professional misconduct.(2)QBCC must give the building certifier and the complainant (if any) an information notice about the decision taken under subsection (1).Note—For reviews of the decision, see the QBCC Act, part 7, division 3.(3)If QBCC is aware that the building certifier is employed or has been appointed by someone else to perform building or private certifying functions, it must give the employer or appointor a copy of the notice.(4)If QBCC decides the building certifier has engaged in unsatisfactory conduct, QBCC must decide to do 1 or more of the following—(a)reprimand the building certifier;(b)impose the conditions it considers appropriate on the building certifier’s licence;(c)direct the building certifier to complete to the satisfaction of QBCC the educational courses stated by QBCC;(d)direct the building certifier to report on his or her practice as a building certifier at the times, in the way and to the persons stated by QBCC;(e)require the building certifier to take all necessary steps to ensure the certification of building work—(i)complies with this Act; or(ii)for other assessable development related to the building work—is not inconsistent with all other necessary development approvals that apply to the work; or(iii)for accepted development that may affect the position, height or form of building work—is not inconsistent with the requirements for the self-assessable development;
(f)direct the building certifier to take necessary enforcement action under this or another Act, including, for example, by requiring the building certifier to issue an enforcement notice to the builder of the building work or owner of the building;(g)if QBCC is satisfied the building certifier is generally competent and diligent—advise the building certifier it does not intend to take any further action.
(5)QBCC must—(a)give an information notice about its decision under subsection (4) to the building certifier; andNote—For reviews of the decision, see the QBCC Act, part 7, division 3.(b)if the decision is made after investigating a complaint—give the complainant a copy of the notice.
(6)If QBCC decides the building certifier has engaged in professional misconduct, QBCC must apply to the tribunal to start a disciplinary proceeding against the building certifier.(7)Subsection (4) does not prevent QBCC taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct that may result in a disciplinary proceeding against the building certifier.(8)Subsections (4) and (6) do not prevent QBCC from starting a proceeding to prosecute the building certifier for an offence against this Act.(9)In this section—accepted development means development categorised under a local planning instrument as accepted development for the Planning Act.s 204 ins 1998 No. 13s 19sub 2002 No. 77s 187 (amd 2003 No. 30s 169sch 1) (amd 2003 No. 64s 137)amd 2005 No. 14s 2 sch; 2006 No. 36s 47; 2009 No. 24s 1274; 2009 No. 36s 872sch 2; 2013 No. 38s 14sch 1; 2014 No. 56s 68sch 1; 2016 No. 27 s 91205Review of QBCC’s decisions 205 ins 1998 No. 13s 19sub 2002 No. 77s 187 (amd 2003 No. 30s 169sch 1)amd 2004 No. 53s 2 sch; 2005 No. 14s 2 sch; 2009 No. 24s 1275; 2013 No. 38s 14sch 1om 2014 No. 56s 27Division 3Show cause notice for disciplinary proceedingsdiv hdg (prev div 6 hdg) ins 1998 No. 13s 19sub 2002 No. 77s 188206Show cause notice(1)If a local government reasonably believes proper grounds exist for applying to the tribunal to start a disciplinary proceeding against a building certifier, the local government must before making the application give the building certifier a notice (a show cause notice).(2)The show cause notice must—(a)state the grounds for making the application; and(b)outline the facts and circumstances forming the basis for the grounds; and(c)invite the building certifier to show within a stated period (the show cause period) why the application should not be made.
(3)The show cause period must be a period ending not less than 20 business days after the show cause notice is given to the building certifier.s 206 ins 2002 No. 77s 188 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 sch; 2009 No. 24s 1276207Representations and decision(1)The building certifier may make written representations about the show cause notice to the local government in the show cause period.(2)After considering the representations for the show cause notice, the local government must decide to—(a)take no further action; or(b)apply to the tribunal to start a disciplinary proceeding against the building certifier.
(3)The local government must give the building certifier notice of its decision and the reasons for the decision.s 207 ins 2002 No. 77s 188 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 sch; 2006 No. 36s 48; 2009 No. 24s 1277Division 4Disciplinary proceedingsdiv hdg ins 2002 No. 77s 188208Tribunal may conduct disciplinary proceeding(1)The tribunal may, on application by QBCC or the local government, conduct a disciplinary proceeding to decide whether proper grounds for taking disciplinary action against a building certifier are established.(2)For subsection (1), proper grounds exist for taking disciplinary action if the building certifier has behaved in a way that constitutes professional misconduct.(3)An application under subsection (1) must be made as provided under the QCAT Act.s 208 ins 1998 No. 13s 19amd 1998 No. 31s 64sub 2002 No. 77s 188 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 sch; 2009 No. 24s 1278; 2013 No. 38s 14sch 1209Constitution of tribunal for disciplinary proceeding(1)For a proceeding under section 208, if the president of the tribunal under the QCAT Act considers it appropriate, the president may choose the following persons to constitute the tribunal—(a)1 legally qualified member under the QCAT Act;(b)1 senior member or ordinary member who has special knowledge of the building certification industry and the administration of this Act;(c)1 other senior member or ordinary member.
(2)In this section—ordinary member means an ordinary member under the QCAT Act.senior member means a senior member under the QCAT Act.s 209 ins 1998 No. 13s 19sub 2002 No. 77s 188 (amd 2003 No. 30s 169sch 1); 2009 No. 24s 1279210Notification of disciplinary proceeding(1)If QBCC makes the application, QBCC must notify the local government of the application.(2)If the local government makes the application, it must notify QBCC of the application.(3)The applicant must file a copy of the notification in the tribunal.s 210 ins 1998 No. 13s 19sub 2002 No. 77s 188 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 sch; 2009 No. 24s 1280; 2013 No. 38s 14sch 1211Orders relating to current building certifier(1)If the tribunal decides that proper grounds exist for taking disciplinary action against a building certifier who is licensed at the time of the decision, the tribunal may make 1 or more of the orders mentioned in subsections (2) to (7).(2)The tribunal may make an order—(a)reprimanding the building certifier; or(b)imposing conditions it considers appropriate on the building certifier’s licence; or(c)directing the building certifier to complete the educational courses stated in the order; or(d)directing the building certifier to report on his or her practice as a building certifier at the times, in the way and to the persons stated in the order; or(e)suspending the building certifier’s licence for the term the tribunal considers appropriate; or(f)cancelling the building certifier’s licence; or(g)disqualifying, indefinitely or for a stated period, the building certifier from obtaining a licence as a building certifier from QBCC.
(3)The tribunal may make an order requiring the building certifier—(a)to ensure the certification of building work complies with, for example—(i)this or another Act; or(ii)any relevant development approval; or(iii)a local planning instrument; or
(b)to direct necessary enforcement action be taken under this or another Act, for example, by requiring the building certifier to issue an enforcement notice to the builder of the building works or owner of the building.
(4)The tribunal may, in relation to building work that is defective or incomplete as a result of the professional misconduct, make an order that the building certifier—(a)at the building certifier’s cost, have the work rectified or completed by a person who is appropriately licensed; or(b)pay the complainant or another person an amount sufficient to rectify or complete the work.
(5)The tribunal may make an order imposing a penalty on the building certifier of not more than—(a)for a first finding of professional misconduct—an amount equivalent to 80 penalty units; or(b)for a second finding of professional misconduct—an amount equivalent to 120 penalty units; or(c)for a subsequent finding of professional misconduct—an amount equivalent to 160 penalty units.
(6)If a corporation or local government employed the building certifier to perform building certification work and the corporation or local government did not take all reasonable steps to ensure the building certifier did not engage in professional misconduct, the tribunal may—(a)make an order under subsection (3) or (4) as if the corporation or local government were the building certifier; or(b)make an order imposing a penalty on the corporation of not more than—(i)for a first time that the corporation did not take all reasonable steps—an amount equivalent to 80 penalty units; or(ii)for a second time that the corporation did not take all reasonable steps—an amount equivalent to 120 penalty units; or(iii)for a subsequent time that the corporation did not take all reasonable steps—an amount equivalent to 160 penalty units.
(7)The tribunal may make any other order it considers appropriate.(8)If the tribunal makes an order under subsection (5) or (6)(b), the tribunal must order that the amount be paid to the person bringing the disciplinary proceedings.(9)The tribunal may make an order under subsection (6) or, if the order affects the corporation or local government, under subsection (7), only if the corporation or local government has been joined as a party to the proceeding.s 211 ins 1998 No. 13s 19sub 2002 No. 77s 188 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 sch; 2009 No. 24s 1281; 2013 No. 38s 14sch 1212Orders relating to former building certifier(1)This section applies if the tribunal decides that proper grounds exist for taking disciplinary action against a former building certifier.(2)The tribunal may make 1 or more of the orders mentioned in subsections (3) to (8).(3)The tribunal may make an order requiring the former building certifier to—(a)have another person who is appropriately licensed take all necessary steps to ensure the certification of building work complies with—(i)this or another Act; or(ii)any relevant development approval; or(iii)a local planning instrument; or
(b)pay the complainant or another person an amount sufficient to complete the certification work.
(4)The tribunal may, in relation to building work carried out that is defective or incomplete as a result of the professional misconduct, make an order that the former building certifier—(a)at the building certifier’s cost, have the work rectified or completed by a person who is appropriately licensed; or(b)pay the complainant or another person an amount sufficient to rectify or complete the work.
(5)The tribunal may make an order imposing a penalty on the former building certifier of not more than—(a)for a first finding of professional misconduct—an amount equivalent to 80 penalty units; or(b)for a second finding of professional misconduct—an amount equivalent to 120 penalty units; or(c)for a subsequent finding of professional misconduct—an amount equivalent to 160 penalty units.
(6)If a corporation or local government employed the former building certifier to perform building certification work and the corporation or local government did not take all reasonable steps to ensure the former building certifier did not engage in professional misconduct, the tribunal may—(a)make an order under subsection (3) or (4) as if the corporation or local government were the building certifier; or(b)make an order imposing a penalty on the corporation of not more than—(i)for a first time that the corporation did not take all reasonable steps—an amount equivalent to 80 penalty units; or(ii)for a second time that the corporation did not take all reasonable steps—an amount equivalent to 120 penalty units; or(iii)for a subsequent time that the corporation did not take all reasonable steps—an amount equivalent to 160 penalty units.
(7)The tribunal may make an order that the former building certifier must—(a)not be licensed or re-licensed by QBCC for the period stated in the order; or(b)never be licensed or re-licensed by QBCC.
(8)The tribunal may make any other order it considers appropriate.(9)If the tribunal makes an order under subsection (5) or (6)(b), the tribunal must order the amount be paid to the person bringing the disciplinary proceedings.(10)The tribunal may make an order under subsection (6) or, if the order affects the corporation or local government, under subsection (8), only if the corporation or local government has been joined as a party to the proceeding.s 212 ins 2002 No. 77s 188 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 sch; 2009 No. 24s 1282; 2013 No. 38s 14sch 1213Consequences of failure to comply with tribunal’s orders and directionsThe tribunal may, in a disciplinary proceeding against a building certifier, order that the building certifier’s licence be suspended or cancelled if the building certifier fails to comply with an order or direction of the tribunal within the time allowed by the tribunal.s 213 ins 2002 No. 77s 188 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 sch; 2009 No. 24s 1283214Recording details of ordersAn order may state—(a)the period in which the details of the order are to be included in the register for the person; and(b)the details of the order, if any, that the tribunal decides are not to be included in the register.
s 214 ins 2002 No. 77s 188 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14 s 2 sch; 2009 No. 24s 1284Chapter 7Fire safety for budget accommodation buildingsNote—Chapters 2 and 3 contain special provisions for obtaining building development approval for budget accommodation buildings. See sections 27, 46(4), 59 and 63.ch hdg ins 2006 No. 36s 6Part 1Interpretationpt hdg (prev pt 2A, div 1 hdg) ins 2002 No. 7s 4amd 2006 No. 36s 7215Definitions for ch 7In this chapter—budget accommodation building see section 216.BCA ...def BCA om 2006 No. 36s 8(3)development application ...def development application om 2002 No. 77s 164development approval ...def development approval om 2002 No. 77s 164fire safety standard see section 217(1).fire safety system, for a building, means the building’s features, and procedures established for the building, providing for all or any of the following—(a)warning the building’s occupants about a fire emergency;(b)safe evacuation of the building’s occupants;(c)extinguishing or restricting the spread of fire in the building.
IPA ...def IPA om 2006 No. 36s 8(3)s 215 ins 2002 No. 7s 4amd 2006 No. 36s 8216Meaning of budget accommodation building(1)A budget accommodation building is a building—(a)whose occupants have shared access to a bathroom or sanitary facilities, other than a laundry; and(b)that provides accommodation of a following type for 6 or more persons—(i)boarding house, backpacker or other hostel, guesthouse, share-house or similar type accommodation;(ii)bed and breakfast, farmstay or hotel accommodation;(iii)accommodation for persons who have an intellectual or physical disability and require full-time or part-time care.
(2)A building is not prevented from being a budget accommodation building under subsection (1) because of—(a)the fact that none, or only some, of the 6 or more persons mentioned in subsection (1)(b) are provided with food or meals at the building; or(b)the legal basis, or the absence of any established legal basis, on which the accommodation is provided for the persons; or(c)the fact that all or some of the persons are provided the accommodation free of charge; or(d)the fact that all or some of the persons have a right to occupy parts of the building other than parts used to provide the accommodation.
(3)Despite subsections (1) and (2), each of the following is not a budget accommodation building—(a)a building used as a class 1a building or class 2 building;(b)a hotel that does not provide accommodation to paying guests;(c)a motel building in which individual beds can not be let;(d)a building—(i)in which an employer provides, under, or as an incident of, an employer–employee relationship, accommodation to persons other than backpackers or fruit pickers; and(ii)in which no-one is accommodated other than—(A)a person provided accommodation as mentioned in subparagraph (i); or(B)the employer; or(C)the employer’s spouse or other relatives;
(e)a building that is, or forms part of—(i)a corrective services facility under the Corrective Services Act 2006; or(ii)a detention centre under the Youth Justice Act 1992;
(f)a facility in which residential care under the Aged Care Act 1997 (Cwlth) is provided by an approved provider under that Act;(g)a building—(i)that is, or is located within or is part of, an educational institution; or(ii)in which an educational institution provides accommodation only for its students;
(h)a class 9a building, other than a building the primary use of which is to provide accommodation (rather than medical supervision) to persons with an intellectual or physical disability;(i)a building used as a women’s refuge or shelter that is not used for any other type of accommodation;(j)a building in which the only accommodation provided is to lifesavers;(k)a building in which the only accommodation provided is recreational accommodation for camps for school groups, girl guides, scouts or similar groups.
(4)For subsection (1)(b), evidence that the building has beds available for use by persons is evidence that it provides accommodation to persons, whether or not the persons are present at the building.(5)In this section—bathroom or sanitary facilities, for a building, means—(a)bathroom or sanitary facilities located in the building; or(b)bathroom or sanitary facilities located elsewhere that are used in relation to the occupation of the building.Example for paragraph (b)—an outhouse used by occupants of the building
class 1a building means a building that, under the 2004 edition of the BCA, part A3.2, is classified as a class 1a building.Editor’s note—BCA (2004 edition), part A3.2 (Classifications)—‘Class 1a—a single dwelling being—(i)a detached house; or(ii)one or more attached dwellings, each being a building, separated by a fire-resisting wall, including a row house, terrace house, town house or villa unit; ...’
class 2 building means a building that, under the 2004 edition of the BCA, part A3.2, is classified as a class 2 building.Editor’s note—BCA (2004 edition), part A3.2 (Classifications)—‘Class 2: a building containing 2 or more sole-occupancy units each being a separate dwelling. ...’class 9a building means a building that, under the 2004 edition of the BCA, part A3.2, is classified as a class 9a building.Editor’s note—BCA (2004 edition), part A3.2 (Classifications)—‘Class 9a—a health-care building; including those parts of the building set aside as a laboratory; ...’BCA (2004 edition), part A1.1 (Definitions)—‘Health-care building means a building whose occupants or patients undergoing medical treatment generally need physical assistance to evacuate the building during an emergency and includes—(a)a public or private hospital; or(b)a nursing home or similar facility for sick or disabled persons needing full-time care; or(c)a clinic, day surgery or procedure unit where the effects of the predominant treatment administered involve patients becoming non-ambulatory and requiring supervised medical care on the premises for some time after the treatment.’
educational institution means any of the following—(a)a State educational institution under the Education (General Provisions) Act 2006;(b)a school that is provisionally accredited, or accredited, under the Education (Accreditation of Non-State Schools) Act 2001;(c)TAFE Queensland under the TAFE Queensland Act 2013;(d)a university.
farmstay, for accommodation, means accommodation at a farm for paying guests of the farm.s 216 ins 2002 No. 7s 4sub 2005 No. 23s 3amd 2006 No. 29s 518sch 3; 2006 No. 39s 512(1)sch 1; 2006 No. 49s 54; 2007 No. 53s 30 sch; 2008 No. 13s 9; 2009 No. 34s 45(1) sch pt 1 amdt 4; 2010 No. 21s 3 sch; 2013 No. 27s 70sch 1 pt 2; 2014 No. 25s 223sch 1 pt 2Part 2Fire safety standardpt hdg (prev pt 2A, div 2 hdg) ins 2002 No. 7s 4amd 2006 No. 36s 9217Fire safety standard(1)The fire safety standard is—(a)QDC, part MP 2.1; and(b)any other standard prescribed under a regulation for ensuring that all the occupants of a budget accommodation building may be safely evacuated in the event of a fire in the building.
(2)Without limiting subsection (1), a prescribed standard may provide for all or any of the following for the building—(a)the allowable number of occupants;(b)the provision and maintenance of fire safety systems;(c)training programs for occupants and persons employed in the building about—(i)fire management and prevention; or(ii)emergency evacuation.
s 217 ins 2002 No. 7s 4amd 2006 No. 36s 10; 2008 No. 13s 10218Guidelines for fire safety standard(1)The chief executive may issue guidelines about ways of complying with the fire safety standard.(2)Before issuing the guidelines, the chief executive must consult with any entity the chief executive considers appropriate.s 218 ins 2002 No. 7s 4Part 3Budget accommodation buildings built, approved or applied for, before 1 January 1992pt hdg (prev pt 2A, div 3 hdg) ins 2002 No. 7s 4amd 2006 No. 36s 12219Application of pt 3This part applies to a budget accommodation building only if—(a)construction of the building started before 1 January 1992; or(b)construction of the building was—(i)approved, under this Act, before 1 January 1992; and(ii)started on or after 1 January 1992; or
(c)an application for approval to construct the building—(i)was made, under this Act, before 1 January 1992; and(ii)the approval was given on or after 1 January 1992.
s 219 ins 2002 No. 7s 4amd 2006 No. 36s 13220Owner must ensure building conforms with fire safety standardThe owner of a budget accommodation building must ensure the building conforms with—(a)the provisions of the fire safety standard about emergency lighting and early warning systems within—(i)1 year after the standard commences; or(ii)the longer period approved for the building under section 221; and
(b)the remaining provisions of the standard within—(i)3 years after the standard commences; or(ii)the longer period approved for the building under section 221.
Maximum penalty—165 penalty units.Note—The building assessment provisions, other than the fire safety standard, apply in relation to a budget accommodation building to which this part does not apply. See the fire safety standard and chapter 4, part 1. See also section 21 for development that is accepted development for the Planning Act.s 220 ins 2002 No. 7s 4amd 2009 No. 51s 28; 2016 No. 27 s 92221Approval of longer period for conformity with fire safety standard(1)The owner of a budget accommodation building may make written application to the local government to approve a period for the building under section 220(a)(ii) or (b)(ii).(2)The local government may—(a)consult with any other entity the local government considers appropriate in deciding the application; and(b)grant the application only if the local government is satisfied undue hardship would be caused to the building’s occupants if the application were refused.
(3)The local government may grant the application with or without the reasonable conditions the local government considers appropriate.(4)Within 20 business days after receiving the application, the local government must—(a)decide the application; and(b)give the owner an information notice about the decision.
(5)The owner must comply with each condition imposed on the approval.Maximum penalty for subsection (5)—165 penalty units.Note—For rights of appeal to a development tribunal, see the Planning Act, section 229.s 221 ins 2002 No. 7s 4amd 2005 No. 14s 2 sch; 2006 No. 36s 14; 2009 No. 36s 872sch 2; 2016 No. 27 s 93222Advice as to conformity with fire safety standard(1)The owner of a budget accommodation building may make written application to the local government for advice as to whether the building conforms with the fire safety standard.(2)Within 20 business days after receiving the application, the local government must—(a)decide if the building conforms with the fire safety standard; and(b)give the owner notice of the decision.
(3)If the local government decides the building does not conform with the fire safety standard, the notice must be, or include, an information notice about the decision.(4)The notice must also state what must be done by the owner to make the building conform with the standard.(5)The owner must comply with the notice.Maximum penalty for subsection (5)—165 penalty units.(6)Subsection (3) does not limit the power of the local government under sections 248 and 249.s 222 ins 2002 No. 7s 4amd 2005 No. 14s 2 sch; 2006 No. 36s 15223Stay of operation of local government decisionThe lodging of a notice of appeal about a local government decision mentioned in section 222(3) stays the operation of the decision until—(a)a development tribunal, on the application of the local government, decides otherwise; or(b)the appeal is withdrawn; or(c)the appeal is dismissed.
s 223 ins 2002 No. 7s 4amd 2005 No. 14s 2 sch; 2006 No. 36s 17; 2009 No. 36s 872sch 2; 2016 No. 27 s 94224Local government decisions(1)This section applies to a decision made, or notice of which is given, by a local government, after the period stated in section 221(4) or 222(2).(2)The decision is not invalid merely because it was made, or the notice was given, after the period.s 224 ins 2002 No. 7s 4amd 2006 No. 36s 18Part 4All budget accommodation buildingspt hdg (prev pt 2A, div 4 hdg) ins 2002 No. 7s 4amd 2006 No. 36s 19225Application of pt 4This part applies to a budget accommodation building regardless of when it was, or is, built.s 225 ins 2002 No. 7s 4amd 2006 No. 36s 20226Obligation about fire safety management plan(1)This section applies if—(a)the owner of a budget accommodation building prepares a fire safety management plan for a development application or change application that relates to the building; and(b)the application is approved.
(2)The owner must ensure the fire safety management plan is updated as soon as practicable, but not later than 1 month, after a change in circumstances affecting the plan’s compliance with the fire safety standard.Maximum penalty for subsection (2)—100 penalty units.(3)A change in circumstances mentioned in subsection (2) includes, for example, a change in the fire safety standard.(4)The owner must ensure the current fire safety management plan is implemented.Maximum penalty for subsection (4)—100 penalty units.s 226 ins 2002 No. 7s 4amd 2006 No. 36s 21; 2016 No. 27 s 95227Accessing fire safety management planThe owner of a budget accommodation building must ensure a copy of the building’s current fire safety management plan is kept in the building and is available for inspection, free of charge, by occupants and other members of the public whenever the building is open for business.Maximum penalty—20 penalty units.s 227 ins 2002 No. 7s 4228Random inspection of buildings for which development approval is given(1)This section applies to a budget accommodation building if—(a)a development approval is given for building work for the building after the commencement of this section; and(b)the building work involves an alternative solution for performance requirements under the BCA that includes fire safety management procedures as a condition of the use and occupation of the building.
(2)The local government must, at least once every 3 years, inspect the building to ensure the owner of the building is complying with this part in relation to the building.(3)An inspection under subsection (2) may be made—(a)at any time the office of the local government is open for business; and(b)without notice.
(4)The local government must keep—(a)a register of all buildings to which subsection (2) applies; and(b)a record of each inspection it makes under subsection (2); and(c)for each inspection—details about whether or not the owner is complying with this part.
(5)The local government must not charge a fee for an inspection made under subsection (2).s 228 ins 2002 No. 7s 4sub 2006 No. 11s 85amd 2006 No. 59s 23Part 5Miscellaneousdiv hdg (prev pt 2A, div 5 hdg) ins 2002 No. 7s 4amd 2006 No. 36s 23229Obligations of entities about guidelines for fire safety standard and fire safety management plans(1)In carrying out a function or power conferred on an entity under this Act or another local government Act, the entity must have regard to—(a)for a matter relating to the fire safety standard—the information in the fire safety standard guidelines; or(b)for a matter relating to the fire safety management plan—the information in the fire safety management plan guidelines.
(2)In ensuring a budget accommodation building conforms with the fire safety standard, the owner of the building must have regard to the information in the fire safety standard guidelines.(3)In preparing a fire safety management plan for a budget accommodation building, the owner of the building must have regard to the information in—(a)the fire safety standard guidelines; and(b)the fire safety management plan guidelines.
(4)In this section—fire safety management plan guidelines means the guidelines made under the Fire and Emergency Services Act 1990, section 104FD.fire safety standard guidelines means the guidelines made under section 218.local government Act means the City of Brisbane Act 2010 or a Local Government Act within the meaning of the Local Government Act 2009, schedule 4.s 229 ins 2002 No. 7s 4amd 2009 No. 17s 331sch 1; 2013 No. 5s 94 sch; 2013 No. 30s 9sch 1; 2014 No. 17s 184sch 1 pt 2230Local government’s fire safety record-keeping obligationsA local government must keep the following records until the building to which the record relates is demolished or removed—(a)for each application made to the local government under section 221—all documents relating to the application;(b)for each inspection made by the local government under section 228—a record of the inspection.
s 230 ins 2006 No. 36s 24231Owner’s fire safety record-keeping obligation(1)The owner of a budget accommodation building to which section 228 applies must, as required under this section, keep complete and accurate records for the building showing the owner is complying with the fire safety standard.Maximum penalty—20 penalty units.(2)The records must include—(a)if the building work for the building involved an alternative solution for performance requirements under the BCA—the records required under the alternative solution; andEditor’s note—BCA, part A1 (Interpretation), section A1.1 (Definitions)—Alternative Solution means a Building Solution which complies with the Performance Requirements other than by reason of satisfying the Deemed-to-Satisfy Provisions.(b)if the local government imposes conditions on an approval given under section 221(3)—details of how the building complies with the conditions.
(3)The records must be kept until the building is demolished or removed, unless the owner has a reasonable excuse.s 231 ins 2006 No. 36s 24amd 2006 No. 59s 24Chapter 7AFire safety for residential care buildings built, approved or applied for, before 1 June 2007ch hdg ins 2011 No. 27s 232Part 1Application of chapter 7Apt 1 (s 231AA) ins 2011 No. 27s 232231AA Application of ch 7A(1)This chapter applies to a residential care building only if it is operating as a residential care building on 1 September 2011 and—(a)construction of the building started before 1 June 2007; or(b)a building development approval for the construction of the building was given before 1 June 2007 and construction of the building was started on or after 1 June 2007; or(c)all of the following apply—(i)a building development application for the construction of the building was made before 1 June 2007;(ii)a building development approval for the construction of the building was given on or after 1 June 2007;(iii)construction of the building was started on or after 1 June 2007.
(2)However, this chapter does not apply to a residential care building if—(a)chapter 7 applies to the building; or(b)the building complies with QDC, part MP 2.2.
pt 1 (s 231AA) ins 2011 No. 27s 232Part 2Interpretationpt 2 (ss 231AB–231AD) ins 2011 No. 27s 232231AB Definitions for ch 7AIn this chapter—assessment category, for an RCB, see section 231AD.fire safety (RCB) compliance certificate see section 231AI(6).fire safety standard (RCB) see section 231AE.RCB means residential care building.RCB assessment report see section 231AI(1).RCB assessor see section 231AF.residential care building see section 231AC.type A construction means the type of construction referred to as type A construction in the BCA, part C1.type B construction means the type of construction referred to as type B construction in the BCA, part C1.type C construction means the type of construction that is neither a type A construction nor a type B construction.pt 2 (ss 231AB–231AD) ins 2011 No. 27s 232231AC What is a residential care building (or RCB)(1)A residential care building (or RCB) is a building—(a)that is operated as a place of residence for 6 or more persons; and(b)where at least 10% of the residents—(i)need physical assistance in conducting their daily activities; and(ii)would need physical assistance to evacuate the building during an emergency.
(2)However, none of the following is an RCB—(a)a hospital;(b)a dwelling in which 2 or more members of a family and not more than 2 other persons would ordinarily be resident;(c)a building in which only one resident—(i)needs physical assistance to conduct their daily activities; and(ii)would need physical assistance to evacuate the building during an emergency.
pt 2 (ss 231AB–231AD) ins 2011 No. 27s 232231AD What are the assessment categories for RCBsThe following are the assessment categories for RCBs—(a)assessment category 1, for an RCB—(i)of type B construction or type C construction; and(ii)with a rise of 2 or more storeys;
(b)assessment category 2, for an RCB—(i)of type A construction; or(ii)of type B construction or type C construction with a rise of 1 storey.
pt 2 (ss 231AB–231AD) ins 2011 No. 27s 232Part 3Fire safety standard (RCB)pt 3 (s 231AE) ins 2011 No. 27s 232231AE What is the fire safety standard (RCB)(1)The fire safety standard (RCB) is—(a)QDC, part MP 2.3; or(b)any other standard prescribed under a regulation for ensuring all the residents of an RCB may be safely evacuated in the event of a fire in the RCB.
(2)A prescribed standard may, for fire safety purposes, provide for all or any of the following for the RCB—(a)the minimum ratio of nominated persons to residents of the RCB;(b)the provision and maintenance of fire safety systems;(c)training programs for persons employed in, and residents of, an RCB about—(i)fire management and prevention; or(ii)emergency evacuation;
(d)any other matter to provide appropriately for the safety of persons in an RCB.
(3)In this section—nominated person means—(a)a person employed in the RCB; or(b)another person who is able to physically assist a resident to evacuate the RCB during an emergency.
pt 3 (s 231AE) ins 2011 No. 27s 232Part 3ARCB assessorspt 3A (ss 231AF–231AG) ins 2011 No. 27s 232231AF Who is an RCB assessorEach of the following is an RCB assessor—(a)a building certifier;(b)a public service employee approved by the chief executive to carry out an assessment of an RCB for this chapter.
pt 3A (ss 231AF–231AG) ins 2011 No. 27s 232231AG Chief executive may approve public service employees to assess RCBs(1)The chief executive may approve a public service employee to carry out an assessment of an RCB for this chapter.(2)The chief executive may only approve a public service employee if the chief executive reasonably considers the employee has the qualifications, knowledge or experience appropriate for carrying out an assessment of an RCB.pt 3A (ss 231AF–231AG) ins 2011 No. 27s 232Part 4Assessment of residential care buildingspt 4 hdg ins 2011 No. 27s 232231AH Owner must have RCB assessed for assessment category and compliance with fire safety standard (RCB)(1)The owner of an RCB must, before 1 March 2012, or a later date prescribed under a regulation, ensure the RCB is assessed by an RCB assessor to decide—(a)the assessment category for the RCB; and(b)if the RCB complies with the fire safety standard (RCB).
Maximum penalty—165 penalty units.(2)For the assessment, the owner must give the RCB assessor—(a)a plan of the RCB drawn to scale; and(b)the necessary information to enable the assessor to make the assessment.Example of information—the usual number of residents in the RCB
s 231AH ins 2011 No. 27s 232231AI RCB assessment reports(1)An RCB assessor who assesses an RCB must, as soon as practicable, give the owner of the RCB and, if the owner is not its operator, the operator a report in the approved form (an RCB assessment report) about the RCB assessor’s decision relating to—(a)the assessment category for the RCB; and(b)whether the RCB complies with the fire safety standard (RCB); and(c)if the RCB does not comply with the fire safety standard (RCB), the way the RCB does not comply, including the provisions of the fire safety standard (RCB) with which the RCB does not comply.
(2)If the RCB does not comply with the fire safety standard (RCB) in relation to sprinklers, the report must also include a statement of—(a)the parts of the RCB for which requirements under the fire safety standard (RCB) about sprinklers are not met; and(b)the area of each of those parts, expressed in square metres.
(3)For subsection (2)(a), a part of the RCB may be described by reference to the plan of the RCB given to the assessor by the owner of the RCB under section 231AH(2)(a).(4)Also, the RCB assessment report must include the following—(a)a copy of the plan of the RCB given to the assessor by the owner of the RCB under section 231AH(2)(a);(b)whether the RCB is of type A construction, type B construction or type C construction;(c)the number of the rise of storeys for the RCB;(d)the usual number of residents in the RCB according to information given by the owner of the RCB;(e)any other matter prescribed under a regulation.
(5)The RCB assessment report must be, or include, an information notice about the RCB assessor’s decision.Note—For rights of appeal to a development tribunal, see the Planning Act, section 229.(6)If the RCB assessor decides the RCB complies with the fire safety standard (RCB), the RCB assessor must issue a certificate in the approved form (a fire safety (RCB) compliance certificate) for the RCB.s 231AI ins 2011 No. 27s 232amd 2016 No. 27 s 96231AJ Further assessment by RCB assessor(1)This section applies if —(a)an RCB assessment report (the original report) states that an RCB does not comply with the fire safety standard (RCB); and(b)after building work necessary to make the RCB comply with the fire safety standard (RCB) is carried out, the owner of the RCB asks an RCB assessor to reassess the RCB; and(c)the RCB assessor is not the one who gave the original report.
(2)The RCB assessor may, for issuing a fire safety (RCB) compliance certificate or certificate of classification for the RCB, accept and, without further checking, rely on the original report.s 231AJ ins 2011 No. 27s 232231AK When owner must obtain fire safety (RCB) compliance certificate or certificate of classificationThe owner of an RCB must, unless the owner has a reasonable excuse, obtain a fire safety (RCB) compliance certificate for the RCB, or a certificate of classification relating to building work done to the RCB to make it comply with the fire safety standard (RCB), by the latest of the following days—(a)for an RCB with the assessment category 1—(i)1 September 2014; or(ii)a day prescribed under a regulation that is later than 1 September 2014; or(iii)a day approved by a local government under section 231AL that is later than 1 September 2014 but not later than 1 September 2015;
(b)for an RCB with the assessment category 2—(i)1 September 2016; or(ii)a day prescribed under a regulation that is later than 1 September 2016; or(iii)a day approved by a local government under section 231AL that is later than 1 September 2016 but not later than 1 September 2017.
Maximum penalty—165 penalty units.s 231AK ins 2011 No. 72s 232amd 2013 No. 5s 94 sch231AL Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of classification(1)The owner of an RCB may make written application to the relevant local government to approve a later day for the RCB under section 231AK(a)(iii) or (b)(iii).(2)However, the application can only be made—(a)for an RCB with the assessment category 1—before the later of the days mentioned in section 231AK(a)(i) or (ii); or(b)for an RCB with the assessment category 2—before the later of the days mentioned in section 231AK(b)(i) or (ii).
(3)The local government—(a)must consult with QFES; and(b)may—(i)consult with any entity it considers appropriate in deciding the application; and(ii)grant the application only if it is satisfied undue hardship would be caused to the occupants of the RCB if the application were refused.
(4)The local government may grant the application with or without the reasonable conditions it considers appropriate.(5)Within 20 business days after receiving the application, the local government must—(a)decide the application; and(b)give the owner an information notice about the decision.
(6)The owner must comply with each condition imposed on the approval.Maximum penalty—165 penalty units.Notes—1This provision is an executive liability provision—see section 257.2For rights of appeal to a development tribunal, see the Planning Act, section 229.
(7)Within 20 business days after giving an approval, the local government must give the chief executive notice of the approval.s 231AL ins 2011 No. 72s 232amd 2013 No. 51s 229sch 1; 2014 No. 17s 184sch 1 pt 4; 2016 No. 27 s 97231AM Owner and operator must ensure RCB continues to comply with fire safety standard (RCB)(1)This section applies if a fire safety (RCB) compliance certificate, or a certificate of classification relating to building work done to an RCB to make it comply with the fire safety standard (RCB), is issued for an RCB.(2)Unless the person has a reasonable excuse, the owner of an RCB and, if the owner is not its operator, the operator must—(a)ensure the RCB complies with the fire safety standard (RCB) at all times; and(b)if any event causes the RCB not to comply—(i)as soon as practicable, take action necessary to restore compliance; and(ii)have the RCB assessed by an RCB assessor; and(iii)obtain a fire safety (RCB) compliance certificate, or a certificate of classification, for the RCB.
Example of event causing RCB not to comply—a change in the operation of the RCB including, for example a change to the ratio of staff to residents
Maximum penalty—165 penalty units.s 231AM ins 2011 No. 72s 232Part 5Generalpt hdg ins 2011 No. 27s 232231AN General obligations of operator of RCB(1)This section applies if the owner of an RCB is not its operator.(2)The operator must—(a)give the owner reasonable access to the RCB to enable the owner to comply with the owner’s obligations under this chapter; and(b)give the owner the necessary information, including, for example, plans of the RCB, the owner requires to comply with the owner’s obligations under this chapter; and(c)do anything else that is reasonably required to enable the owner to comply with the owner’s obligations under this chapter.
Maximum penalty—165 penalty units.s 231AN ins 2011 No. 27s 232amd 2013 No. 5s 94 sch231AO Owner must give RCB assessment report to chief executive and local government(1)Subject to subsection (2), the owner of an RCB must give an RCB assessment report for an RCB to the chief executive and the relevant local government within 10 business days after receiving the report, unless the owner has a reasonable excuse.Maximum penalty—50 penalty units.(2)However, if the RCB assessor who gave the owner the RCB report is not a private certifier, the owner need not give a copy of the RCB report to—(a)if the RCB assessor is a local government building certifier—the local government; or(b)if the RCB assessor is approved under section 231AF(b)—the chief executive.
s 231AO ins 2011 No. 27s 232231AP Owner must give fire safety (RCB) compliance certificate to chief executive and local government(1)If an owner of an RCB is given a fire safety (RCB) compliance certificate for the RCB, the owner must, within 10 business days, give a copy of the certificate to each of the following, unless the owner has a reasonable excuse—(a)the chief executive;(b)the relevant local government;(c)if the owner is not its operator, the operator.
Maximum penalty—50 penalty units.(2)If an owner of an RCB is given a certificate of classification relating to building work done to the RCB to make it comply with the fire safety standard (RCB), the owner must, within 10 business days, give a copy of the certificate to the chief executive, unless the owner has a reasonable excuse.Maximum penalty—50 penalty units.s 231AP ins 2011 No. 27s 232231AQ Obligations about access to fire safety (RCB) compliance certificate(1)An authorised officer may require the owner of an RCB and, if the owner is not its operator, the operator to produce for inspection, the fire safety (RCB) compliance certificate, if any, for the RCB at the RCB.(2)The owner or the operator of the RCB must comply with the requirement, unless the owner has a reasonable excuse.Maximum penalty—50 penalty units.(3)For subsection (1), a reference to the fire safety (RCB) compliance certificate includes a reference to a copy of the certificate.Note—For an owner’s obligation to produce a certificate of classification see section 108A.s 231AQ ins 2011 No. 27s 232Chapter 8Swimming pool safetych hdg ins 2006 No. 36s 25amd 2009 No. 36s 872sch 2sub 2010 No. 21s 8ch 8 note om 2010 No. 21 s 8Part 1Interpretationpt hdg ins 2010 No. 21s 9231ADefinitions for ch 8In this chapter—accommodation agreement—1Accommodation agreement means any of the following—(a)a residential tenancy agreement within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008, section 12;(b)a rooming accommodation agreement within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008, section 16;(c)a homestay or assisted accommodation agreement;(d)an agreement, other than an agreement mentioned in subparagraph (a), (b) or (c), under which a person gives to someone else a right to occupy premises in exchange for money or other valuable consideration.Example for subparagraph (d)—letting a motel or hotel room
2Paragraph 1(d) applies—(a)whether or not the right is a right of exclusive occupation; and(b)whether the agreement is—(i)wholly in writing, wholly oral or wholly implied; or(ii)partly in a form mentioned in subsubparagraph (i) and partly in 1 or both of the other forms.
3The term does not include an agreement between members of a family under which a member of the family gives to another member money or other valuable consideration for a right to occupy that other member’s residence.
def accommodation agreement ins 2010 No. 35s 12(2)amd 2012 No. 3s 132 schcomplying pool means a regulated pool that—(a)complies with the pool safety standard; or(b)if an exemption is in effect under section 245B for the regulated pool—complies with the pool safety standard to the extent the exemption does not apply.
def complying pool sub 2010 No. 35s 12(1)–(2)homestay or assisted accommodation agreement—1Homestay or assisted accommodation agreement means—(a)an agreement under which accommodation is provided at a person’s residence to a student who is enrolled to study or train at an educational institution in a State, if—(i)the student pays the person for the accommodation; and(ii)under the agreement, accommodation is also provided to a young child who is a dependant of the student; or
(b)an agreement under which accommodation is provided to a person, free of charge, by a following entity at premises owned or operated by the entity—(i)a charity registered under the Collections Act 1966;(ii)a public sector entity;(iii)a local government.
2Paragraph 1 applies whether the agreement is—(a)wholly in writing, wholly oral or wholly implied; or(b)partly in a form mentioned in subparagraph (a) and partly in 1 or both of the other forms.
3The term does not include an agreement between members of a family under which a member of the family gives to another member money or other valuable consideration for a right to occupy that other member’s residence.
def homestay or assisted accommodation agreement ins 2010 No. 35s 12(2)member ...def member ins 2010 No. 35s 12(2)om 2011 No. 27s 233pool immersion incident means an event involving the immersion or partial immersion of a young child under water in a swimming pool, if because of the immersion or partial immersion—(a)the child has died; or(b)the child has been deprived of air and the health or wellbeing of the child has been adversely affected.
def pool immersion incident ins 2010 No. 35s 12(2)pool safety inspection function see section 231C.pool safety standard see section 231D.pool safety standard application day, for a regulated pool, means—(a)for a pool situated on common property or a common property lot under an Act mentioned in schedule 2, definition owner, of a regulated pool, paragraphs (a) to (e) and for use by occupiers of a building subject to that Act—the earliest of the following days to happen—(i)if the building, or a part of the building, is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the building or part—the day that is 90 days after the day of settlement;(ii)if an accommodation agreement is entered into for the building, or a part of the building, and a pool safety certificate is not in effect for the pool when the agreement is entered into—the day that is 90 days after the day the agreement is entered into;(iii)the day a pool safety certificate is first in effect for the pool;(iv)the day that is 5 years after the 2010 Act commencement day; or
(b)for a pool situated on a part of a building mentioned in paragraph (a), other than a shared pool—the earliest of the following days to happen—(i)if the part of the building is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the part—the day that is 90 days after the day of settlement;(ii)the day an accommodation agreement is entered into for the part of the building;(iii)the day a pool safety certificate is first in effect for the pool;(iv)the day that is 5 years after the 2010 Act commencement day; or
(c)for a pool situated on a moveable dwelling or the site in a moveable dwelling park where the dwelling is situated, or on a manufactured home in a residential park or on the site in the park where the manufactured home is situated—the earliest of the following days to happen—(i)if the moveable dwelling or manufactured home is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the moveable dwelling or manufactured home—the day that is 90 days after the day of settlement;(ii)the day an accommodation agreement is entered into for the moveable dwelling or manufactured home;(iii)the day a pool safety certificate is first in effect for the pool;(iv)the day that is 5 years after the 2010 Act commencement day; or
(d)for a pool situated on a moveable dwelling park (other than on moveable dwelling premises on the park) or on the common areas of a residential park—the earliest of the following days to happen—(i)if the moveable dwelling park or residential park is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the moveable dwelling park or residential park—the day that is 90 days after the day of settlement;(ii)if an accommodation agreement is entered into for any moveable dwelling situated on the moveable dwelling park, or any manufactured home situated in the residential park, and a pool safety certificate is not in effect for the pool when the agreement is entered into—the day that is 90 days after the day the agreement is entered into;(iii)the day a pool safety certificate is first in effect for the pool;(iv)the day that is 5 years after the 2010 Act commencement day; or
(e)if paragraphs (a) to (d) do not apply—the earliest of the following days to happen—(i)if the building on the regulated land where the pool is situated is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the building—the day that is 90 days after the day of settlement;(ii)the day an accommodation agreement is entered into for the building;(iii)the day a pool safety certificate is first in effect for the pool;(iv)the day that is 5 years after the 2010 Act commencement day.
def pool safety standard application day ins 2010 No. 35s 12(2)regulated land—1Regulated land is land on which any of the following is constructed or is to be constructed—(a)a class 1, 2, 3 or 4 building;(b)a moveable dwelling park;(c)a residential park.
2The term includes land adjacent to the land and—(a)in the same ownership as the land; or(b)used in association with the land.
def regulated land amd 2010 No. 35s 12(3)–(4)regulated pool see section 231B.shared pool—1If the residents of 2 or more dwellings constructed, or to be constructed, on regulated land have, or will have, a right to use a regulated pool situated on the land, the pool is a shared pool.2For paragraph 1—(a)the resident of a dwelling is the person who is the owner or occupier of the dwelling or has a right to use the dwelling; and(b)a dwelling includes—(i)a moveable dwelling in a moveable dwelling park; and(ii)a manufactured home on a site in a residential park.
3The term includes a regulated pool situated on land on which a class 3 building is, or is to be, constructed.
def shared pool amd 2010 No. 35s 12(5)–(6)s 231A ins 2010 No. 21s 9231BWhat is a regulated pool(1)A regulated pool—(a)is a swimming pool situated on regulated land; and(b)includes the barriers for the pool.
(2)The barriers for the pool include any of the following—(a)the fencing for the pool;(b)the walls of a building enclosing the pool;(c)another form of barrier mentioned or provided for in the pool safety standard.Example—Under QDC, part MP3.4, a canal, lake, river, creek, stream, pond, ocean or dam may, in particular circumstances, form part of a barrier.
(3)Despite subsection (1), other than in part 2A a regulated pool does not include a swimming pool situated on either of the following if an approved pool safety management plan is in force for the pool—(a)common property in a class 3 building, including a class 3 building that is to be constructed;(b)land adjacent to land on which a class 3 building is, or is to be, constructed and that is—(i)in the same ownership as the building; or(ii)used in association with the building.
(4)Also, a regulated pool does not include a public pool.(5)In this section—public pool means a swimming pool open to the public, whether or not on payment of money, and operated by a local government or other statutory body under the Statutory Bodies Financial Arrangements Act 1982.s 231B ins 2010 No. 21s 9amd 2010 No. 35s 13; 2011 No. 1s 143; 2011 No. 27s 215231CWhat is a pool safety inspection functionA pool safety inspection function is doing any of the following—(a)inspecting a regulated pool to decide whether to give a certificate (a pool safety certificate) that states the pool is a complying pool;(b)carrying out minor repairs relating to a regulated pool arising from an inspection of the pool under paragraph (a);(c)the giving of a pool safety certificate for a regulated pool;(d)the giving of a nonconformity notice for a regulated pool.
s 231C ins 2010 No. 21s 9231DWhat is the pool safety standard(1)The pool safety standard is—(a)QDC, part MP3.4; and(b)any other standard prescribed under a regulation for ensuring the safety of persons using a regulated pool.
(2)Without limiting subsection (1), a prescribed standard may provide for both or either of the following for the pool—(a)the form of a resuscitation sign and the way it must be displayed;(b)the requirements for devices used for recirculation of water in the pool.
s 231D ins 2010 No. 21s 9Part 2Compliance with pool safety standard and other matters about pool safetypt hdg ins 2010 No. 21s 9sub 2010 No. 35s 14pt 2 note ins 2010 No. 21 s 9om 2010 No. 35 s 14Division 1Compliance with pool safety standarddiv hdg ins 2010 No. 35s 14232Compliance with pool safety standard—regulated pool(1)The owner of a regulated pool must ensure—(a)the pool complies with the pool safety standard for the pool; and(b)all barriers for the pool are kept in good condition.
Maximum penalty—165 penalty units.Note—This provision is an executive liability provision—see section 257.(2)However, if the regulated pool is in existence on the 2010 Act commencement day, subsection (1)(a) does not apply to the owner of the pool until the pool safety standard application day for the pool.Note—For the application of subsection (1) to particular pools constructed before the 2010 Act commencement day, see section 291.(3)Also, if an exemption under division 3 or 4 is in effect for a regulated pool, subsection (1)(a) does not apply to the owner of the pool to the extent the exemption applies.s 232 ins 2003 No. 53s 5amd 2006 No. 36s 26; 2010 No. 21s 3 schsub 2010 No. 35s 14amd 2013 No. 51s 229sch 1Division 2Requirements about constructing regulated pooldiv hdg ins 2010 No. 35s 14233Constructing regulated pool—requirement for warning sign(1)This section applies to each relevant person for a regulated pool, other than a portable swimming pool.(2)The relevant person must ensure that, before construction of the pool starts, a warning sign, complying with the requirements for a warning sign prescribed under a regulation, is displayed on the land on which the pool is situated in the way prescribed under a regulation.Maximum penalty—20 penalty units.(3)The relevant person must ensure the warning sign is displayed until a building certifier has provided a certificate in the approved form stating the pool is a complying pool.Maximum penalty—20 penalty units.(4)In this section—portable swimming pool means a swimming pool that is designed to be readily assembled by hand and moved from place to place.relevant person, for a regulated pool, means—(a)the person who is or is to become the owner of the pool; or(b)the builder of the pool.
s 233 ins 2003 No. 53s 5sub 2010 No. 35s 14amd 2011 No. 27s 233234Constructing regulated pool—requirement for compliance with pool safety standard(1)This section applies to a person if—(a)a regulated pool has been constructed or is being constructed; and(b)the pool has not been filled with water to a depth of 300mm or more; and(c)the person—(i)is, or is to become, the owner of the pool; or(ii)has contracted with the owner to carry out the construction of the pool.
(2)The person must, unless the person has a reasonable excuse, ensure that, before the pool is filled with water to a depth of 300mm or more, a building certifier has provided a certificate in the approved form stating the pool is a complying pool.Maximum penalty—165 penalty units.s 234 ins 2003 No. 53s 5sub 2010 No. 35s 14Division 3Exemptions from compliance with pool safety standard—disabilitydiv hdg ins 2010 No. 35s 14Subdivision 1Applying for exemption and deciding applicationsdiv hdg ins 2010 No. 35s 14235Application for exemption—disabilityA person may apply to the local government for an exemption under this division from complying with a part of the pool safety standard relating to barriers for a regulated pool if the person is—(a)the owner of the pool; or(b)if the pool is still to be constructed—the person who is to be the owner of the pool.
s 235 ins 1993 No. 70s 804 schsub 1998 No. 13s 12amd 2002 No. 77s 166sub 2003 No. 53s 6; 2010 No. 35s 14236Requirement for further informationThe local government may require the applicant to give the local government medical evidence to support the application.s 236 ins 1993 No. 70s 804 schsub 1998 No. 13s 12; 2003 No. 53s 6; 2010 No. 35s 14237Decision on application(1)The local government must consider the application and, within 5 business days after the application is made—(a)grant the exemption; or(b)refuse to grant the exemption.
(2)The local government may grant the exemption only if it is satisfied that—(a)a person with a disability is, or is to become, an occupier of land on which the regulated pool is situated; and(b)it would be physically impracticable for the person, because of the person’s disability, to access the pool if it had barriers complying with the pool safety standard.
(3)The local government may grant the exemption on the reasonable conditions it considers necessary or desirable to prevent a young child accessing the pool.(4)If the exemption is granted on conditions, the applicant must comply with each condition of the exemption.Maximum penalty for subsection (4)—165 penalty units.(5)The local government may only exempt a person from complying with a part of the pool safety standard to the extent reasonably necessary to allow a person mentioned in subsection (2) to access the pool.s 237 ins 1993 No. 70s 804 schsub 1998 No. 13s 12amd 2000 No. 4s 94 schsub 2003 No. 53s 6; 2010 No. 35s 14238Notice of decision(1)If the local government decides to grant the exemption, it must give the applicant written notice of the exemption.(2)If the local government decides to refuse to grant the exemption or impose conditions on the exemption, the local government must give the applicant an information notice about the decision.Note—For rights of appeal to a development tribunal, see the Planning Act, section 229.s 238 ins 2003 No. 53s 6sub 2010 No. 35s 14amd 2016 No. 27 s 98239Notice of exemption to be given to QBCC commissioner(1)The local government must give the QBCC commissioner notice of each exemption granted under this division.(2)The notice must—(a)be given to the QBCC commissioner within 10 business days after the exemption is granted; and(b)state the address, and real property description, of the land on which the regulated pool to which the exemption relates is situated.
s 239 ins 2003 No. 53s 6amd 2006 No. 36s 27Asub 2010 No. 35s 14amd 2014 No. 56s 68sch 1240Application of pool safety standard under exemptionIf the local government grants the exemption, the pool safety standard continues to apply for the regulated pool to the extent the exemption does not apply.s 240 ins 2003 No. 53s 6sub 2010 No. 35s 14Subdivision 2Ending and revocation of exemptionssdiv hdg ins 2010 No. 35s 14241When exemption endsThe exemption ends if—(a)the applicant stops being the owner of the regulated pool; or(b)the person because of whom the exemption was granted is no longer an occupier of the land on which the pool is situated; or(c)it would no longer be physically impracticable for the person because of whom the exemption was granted to access the pool if it complied with the pool safety standard.
s 241 ins 2003 No. 53s 6amd 2005 No. 14s 2 sch; 2006 No. 36s 28; 2009 No. 36s 872sch 2sub 2010 No. 35s 14242Local government may revoke exemption(1)This section applies if—(a)a local government has, under section 237, granted an applicant an exemption; and(b)the local government is satisfied 1 or more of the following applies—(i)the decision on the application for the exemption was based on a false or misleading particular given by the applicant;(ii)the exemption has ended under section 241;(iii)the exemption was subject to conditions and there has been a contravention of a condition.
(2)The local government must give the applicant a show cause notice inviting the applicant to show cause why the decision should not be revoked.(3)After considering any representations made to it under the show cause notice, the local government may, by a further notice (a revocation notice) given to the applicant, revoke the decision previously given.(4)The revocation notice must be, or be accompanied by, an information notice about the decision to give the notice and state—(a)that the applicant must ensure the pool has, around the pool, barriers complying with the pool safety standard; and(b)the day by which the applicant must comply with the notice.
Note—For rights of appeal to a development tribunal, see the Planning Act, section 229.(5)The applicant must comply with the revocation notice.Maximum penalty for subsection (5)—165 penalty units.(6)If the applicant fails to comply with the revocation notice, the failure is taken to be a failure to take action under the Local Government Act 2009, section 142 or the City of Brisbane Act 2010, section 132.(7)In this section—show cause notice means a show cause notice under section 247(1).s 242 ins 2003 No. 53s 6amd 2006 No. 36s 29; 2009 No. 17s 331sch 1sub 2010 No. 35s 14amd 2012 No. 5s 94 sch; 2016 No. 27 s 99243Notice of revocation to be given to QBCC commissioner(1)If the local government gives a person a revocation notice, the local government must give the QBCC commissioner notice of the revocation notice.(2)The notice must—(a)be given to the commissioner within 10 business days after the revocation notice is given; and(b)state—(i)the day the revocation notice was given; and(ii)the address, and real property description, of the land on which the regulated pool to which the revocation notice relates is situated.
s 243 ins 2006 No. 36s 30amd 2009 No. 36s 872sch 2; 2010 No. 21s 3 schsub 2010 No. 35s 14amd 2014 No. 56s 68sch 1Subdivision 3Miscellaneoussdiv hdg ins 2010 No. 35s 14244Keeping copy of exemption(1)The local government must keep a copy of each exemption it grants under this division.(2)The local government must—(a)keep the copy while the exemption is still in force and for at least 5 years after the exemption is no longer in force; and(b)make the copy available for inspection and purchase as if it were a document that, under the Planning Act, the local government must make available for inspection and purchase.
s 244 ins 1993 No. 70s 804 schsub 1998 No. 13s 12amd 2002 No. 7s 5; 2003 No. 53s 7; 2006 No. 36s 31sub 2010 No. 35s 14amd 2016 No. 27 s 100Division 4Exemptions from compliance with pool safety standard—impracticalitydiv hdg ins 2010 No. 35s 14Subdivision 1Applying for exemption and deciding applicationssdiv hdg ins 2010 No. 35s 14245Application for exemption—compliance impracticable(1)The owner of a regulated pool may apply to the local government for an exemption under this division from complying with a part of the pool safety standard relating to barriers for the regulated pool.(2)The application must be accompanied by enough details to—(a)identify the part of the pool safety standard for which the owner is seeking the exemption; and(b)show compliance with the part of the pool safety standard is not practicable.
s 245 ins 1993 No. 70s 804 schsub 1998 No. 13s 12; 2010 No. 35s 14245ARequirement for further informationThe local government may require the owner to give the local government further information to establish that compliance with the part of the pool safety standard is not practicable.s 245A ins 2010 No. 35s 14245BDecision on application(1)The local government must consider the application and decide to—(a)grant the exemption; or(b)refuse to grant the exemption.
(2)In deciding the application, the local government may consider the following—(a)whether compliance with the part of the pool safety standard may require the owner to—(i)move or demolish a building or part of a building; or(ii)change the location or size of the regulated pool; or(iii)remove vegetation protected from removal under an Act or a local law;
(b)the cost of the barriers or work required to ensure the pool complies with the part of the pool safety standard, having regard to the nature of any existing barriers for the pool;(c)other matters the local government considers relevant.
(3)The local government may grant the exemption on the reasonable conditions it considers necessary or desirable to prevent a young child accessing the pool.(4)If the exemption is granted on conditions, the owner of the regulated pool must comply with each condition of the exemption.Maximum penalty for subsection (4)—165 penalty units.Note—This provision is an executive liability provision—see section 257.(5)The local government may only exempt a person from complying with a part of the pool safety standard to the extent reasonably necessary in the circumstances to overcome the impracticality associated with compliance with the part.(6)The local government is taken to have refused to grant the exemption if the local government does not decide the application within the decision period.s 245B ins 2010 No. 35s 14amd 2013 No. 51s 229sch 1245CNotice of decision and application of pool safety standard under exemption(1)If the local government decides to grant an exemption under this division the local government must give the applicant written notice of the exemption.(2)If the local government decides to refuse to grant the exemption or impose conditions on the exemption, or the application is taken to be refused under section 245B(6), the local government must give the applicant an information notice about the decision.Note—For rights of appeal to a development tribunal, see the Planning Act, section 229.(3)If the local government grants an exemption for a regulated pool under this division, the pool safety standard continues to apply for the pool to the extent the exemption does not apply.s 245C ins 2010 No. 35s 14amd 2016 No. 27 s 101245DContinuation of exemption(1)An exemption for a regulated pool under this division continues to apply to the pool unless the exemption is revoked under subdivision 2.(2)If the exemption is granted on conditions, the conditions are binding on the successors in title to the owner of the regulated pool to whom the exemption was granted.s 245D ins 2010 No. 35s 14Subdivision 2Revocation of exemptionssdiv hdg ins 2010 No. 35s 14245ELocal government may revoke exemption(1)This section applies if—(a)the local government has, under this division, granted an exemption; and(b)the local government is satisfied 1 or more of the following applies—(i)the decision on the application for the exemption was based on a false or misleading particular given in the application;(ii)the exemption was subject to conditions and there has been a contravention of a condition.
(2)The local government must give the owner of the regulated pool a show cause notice inviting the owner to show cause why the decision should not be revoked.(3)After considering any representations made to it under the show cause notice, the local government may, by a further notice (a revocation notice) given to the owner, revoke the decision previously given.(4)The revocation notice must be, or be accompanied by, an information notice about the decision to give the notice and state—(a)that the owner must ensure the pool has, around the pool, barriers complying with the pool safety standard; and(b)the day by which the owner must comply with the notice.
Note—For rights of appeal to a development tribunal, see the Planning Act, section 229.(5)The owner must comply with the revocation notice.Maximum penalty for subsection (5)—165 penalty units.(6)In this section—show cause notice means a show cause notice under section 247(1).s 245E ins 2010 No. 35s 14amd 2016 No. 27 s 102Subdivision 3Miscellaneoussdiv 3 ins 2010 No. 35s 14245FNotice of exemption or revocation to be given to QBCC commissioner(1)The local government must give the QBCC commissioner notice of each exemption granted under this division.(2)If the local government gives a person a revocation notice, the local government must give the commissioner notice of the revocation notice.(3)A notice under subsection (1) or (2) must—(a)be given to the commissioner within 10 business days after the exemption is granted or revocation notice is given; and(b)state all of the following—(i)the address, and real property description, of the land on which the regulated pool to which the exemption or revocation notice relates is situated;(ii)for a notice about a revocation notice—the day the revocation notice was given.
s 245F ins 2010 No. 35s 14amd 2014 No. 56s 68sch 1245FA Keeping copy of exemption(1)The local government must keep a copy of each exemption it grants under this division.(2)The local government must—(a)keep the copy while the exemption is still in force and for at least 5 years after the exemption is no longer in force; and(b)make the copy available for inspection and purchase as if it were a document that, under the Planning Act, the local government must make available for inspection and purchase.
s 245FA ins 2010 No. 35s 14amd 2016 No. 27 s 103Division 5Reporting, and giving notice of, pool immersion incidentsdiv hdg ins 2010 No. 35s 14245G Requirement to report pool immersion incident(1)A person in charge of a hospital must, under subsection (2), unless the person has a reasonable excuse, notify the chief executive (health) if an examination of a young child by a doctor in the hospital indicates that the child has been involved in a pool immersion incident.Maximum penalty—20 penalty units.(2)The notice must—(a)be given to the chief executive (health) within 5 business days after the examination happened; and(b)include the following information to the extent the person has it—(i)the name and date of birth of the young child;(ii)the day the examination happened;(iii)the address of the child’s parents;(iv)the address where the pool immersion incident happened.
(3)The notice may include other information about the pool immersion incident the person in charge of the hospital considers relevant.(4)In this section—person in charge, of a hospital, means—(a)for a public sector hospital under the Hospital and Health Boards Act 2011—the person responsible for the day-to-day operation and control of the hospital; or(b)for a private health facility under the Private Health Facilities Act 1999—the licensee of the private health facility.
s 245G ins 2010 No. 35s 14amd 2011 No. 32s 332sch 1 pt 2 (amd 2012 No. 9s 47)245H Disclosure of information about pool immersion incident(1)This section applies if a health professional reasonably believes that a young child has been involved in a pool immersion incident.(2)The health professional may give the chief executive (health) any relevant information about the young child’s condition and the incident.(3)The health professional is not liable, civilly, criminally, or under an administrative process, for giving the information under subsection (2).(4)Also, merely because the health professional gives the information, the health professional can not be held to have—(a)breached any code of professional etiquette or ethics; or(b)departed from the accepted standards of professional conduct.
(5)Without limiting subsection (3) or (4), if the health professional would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the health professional—(a)does not contravene the Act, oath or rule of law or practice by giving the information; and(b)is not liable to disciplinary action for giving the information.
(6)In this section—health professional means any of the following—(a)a person who is a health professional under the Hospital and Health Boards Act 2011;(b)an ambulance officer under the Ambulance Service Act 1991;(c)another person prescribed under a regulation for this section who, as part of the person’s profession or occupation, performs functions relating to the health of others.
s 245H ins 2010 No. 35s 14amd 2012 No. 3s 132 sch; 2011 No. 32s 332sch 1 pt 2 (amd 2012 No. 9s 47)245IGiving notice of pool immersion incidents(1)If the chief executive (health) receives a pool immersion notice, the chief executive (health) must, within 5 business days after receiving it, give notice of the pool immersion incident to which it relates to—(a)the QBCC commissioner; and(b)the local government for the area in which the incident happened; and(c)the family and child commissioner.
(2)However, if the chief executive (health) receives more than 1 pool immersion notice about the same pool immersion incident, the chief executive (health) need only give notice under subsection (1) for the first pool immersion notice received about the incident.(3)The notice given under subsection (1) must state the information included in the pool immersion notice.(4)In this section—family and child commissioner means the principal commissioner under the Family and Child Commission Act 2014.pool immersion notice means notice of a pool immersion incident given to the chief executive (health) under—(a)the Ambulance Service Act 1991, section 23; or(b)section 245G.
s 245I ins 2010 No. 35s 14amd 2014 No. 27s 52sch 1 pt 2; 2014 No. 56s 28Division 6Pool safety management plans for particular poolsdiv hdg ins 2010 No. 35s 14Subdivision 1Preliminarysdiv hdg ins 2010 No. 35s 14245JApplication of div 6This division applies to the owner of a swimming pool that is situated on—(a)common property in a class 3 building, including a class 3 building that is to be constructed; or(b)land adjacent to land on which a class 3 building is, or is to be, constructed and that is—(i)in the same ownership as the building; or(ii)used in association with the building.
s 245J ins 2010 No. 35s 14sub 2011 No. 1s 144245K Requirement to have pool safety management planThe owner must, by the day that is 6 months after the 2010 Act commencement day, have a plan (a pool safety management plan) approved under this division for the swimming pool, unless a pool safety certificate is in effect for the pool.Maximum penalty—165 penalty units.s 245K ins 2010 No. 35s 14245L Requirement to comply with approved pool safety management planIf the owner has an approved pool safety management plan for the swimming pool, the owner must comply with the plan.Maximum penalty—165 penalty units.Note—This provision is an executive liability provision—see section 257.s 245L ins 2010 No. 35s 14amd 2013 No. 51s 229sch 1; 2014 No. 56s 28Subdivision 2Approval, and duration, of pool safety management planssdiv hdg ins 2010 No. 35s 14245M Application for approval(1)The owner must apply to the QBCC commissioner for approval of its pool safety management plan for the swimming pool.(2)The application must—(a)be in the approved form; and(b)be accompanied by—(i)the proposed pool safety management plan; and(ii)the fee prescribed under a regulation.
(3)The proposed pool safety management plan must include details of the measures (the pool safety measures) the owner intends to implement under the plan to appropriately provide for the safety of young children in and around the pool, including, for example, providing for an on-site lifeguard for the pool.s 245M ins 2010 No. 35s 14amd 2011 No. 1s 145; 2014 No. 56s 68sch 1245N Requirement for further informationThe QBCC commissioner may, by notice given to the owner, require the owner to give the commissioner further information about the pool safety management plan, including, for example, information about the pool safety measures under the plan.s 245N ins 2010 No. 35s 14amd 2014 No. 56s 68sch 1245O Decision on application(1)The QBCC commissioner must consider the application and, within 20 business days after receiving it, decide to—(a)approve the pool safety management plan; or(b)refuse to approve the plan.
(2)In deciding the application, the commissioner must have regard to—(a)the pool safety management plan and any information about the plan given to the commissioner under section 245N; and(b)the guidelines, if any, made by the commissioner about preparing a pool safety management plan.
(3)The commissioner must not approve the pool safety management plan unless satisfied the pool safety measures under the plan appropriately provide for the safety of young children in and around the pool.(4)Within 5 business days after deciding the application, the commissioner must give the owner—(a)if the decision is to approve the pool safety management plan—notice of the approval; or(b)if the decision is to refuse to approve the pool safety management plan—an information notice about the decision.
s 245O ins 2010 No. 35s 14amd 2014 No. 56s 68sch 1245P Duration of planAn approved pool safety management plan has effect for 1 year after the day it is approved, unless it is sooner cancelled under this division.s 245P ins 2010 No. 35s 14Subdivision 3Cancellation of approval and amendment of approved pool safety management plansdiv hdg ins 2010 No. 35s 14245Q Cancellation or amendment(1)This section applies if the QBCC commissioner is satisfied the pool safety measures under the owner’s approved pool safety management plan no longer appropriately provide for the safety of young children in and around the pool.(2)The commissioner may, by notice given to the owner—(a)cancel the approval for the plan; or(b)require the owner to amend the plan in the way stated in the notice.
(3)However, before acting under subsection (2), the commissioner must—(a)give the owner a notice (a show cause notice) stating each of the following—(i)the proposed action the commissioner is considering taking under subsection (2);(ii)the grounds for taking the proposed action;(iii)the facts and circumstances forming the basis for the grounds;(iv)if the proposed action is to require the owner to amend the plan—the proposed amendment;(v)that the owner may, within a stated period (the show cause period), make submissions to the commissioner about why the proposed action should not be taken; and
(b)consider any submissions made to the commissioner under paragraph (a)(v).
(4)The show cause period must end at least 20 business days after the owner is given the show cause notice.(5)If, after complying with subsection (3), the commissioner decides not to take the proposed action, the commissioner must give the owner notice of the decision.(6)If, after complying with subsection (3), the commissioner decides to take the proposed action, the commissioner must give the owner an information notice about the decision.s 245Q ins 2010 No. 35s 14amd 2014 No. 56s 68sch 1245R When decision has effect(1)A decision to cancel an approved pool safety management plan takes effect when the information notice about the decision is given to the owner.(2)If the QBCC commissioner decides to require the owner to amend an approved pool safety management plan, the plan is taken to have been amended—(a)in the way stated in the notice given under section 245Q(2)(b); and(b)when the information notice about the decision is given.
s 245R ins 2010 No. 35s 14amd 2014 No. 56s 68sch 1Subdivision 4Appealssdiv hdg ins 2010 No. 35s 14245S Appeals to development tribunal of decisions under div 6(1)This section applies if the owner is given under this division an information notice about a decision of the QBCC commissioner.(2)The owner may, within 20 business days after the information notice is given, appeal the decision to a development tribunal.s 245S ins 2010 No. 35s 14amd 2014 No. 56s 68sch 1; 2016 No. 27 s 104Division 7Miscellaneousdiv hdg ins 2010 No. 35s 14245T Access to regulated pool to be kept secure(1)A person who opens a gate or door giving access to a regulated pool must, unless the person has a reasonable excuse, ensure the gate or door is securely closed while the gate or door is not in use.Maximum penalty—165 penalty units.(2)The owner of a regulated pool that is a shared pool must, unless the owner has a reasonable excuse, ensure that any gate or door giving access to the pool is kept securely closed at all times when the gate or door is not in use.Maximum penalty—165 penalty units.(3)The occupier of premises on which there is a regulated pool that is not a shared pool must, unless the occupier has a reasonable excuse, ensure that any gate or door giving access to the pool is kept securely closed at all times when the gate or door is not in use.Maximum penalty—165 penalty units.s 245T ins 2010 No. 35s 14245U Interference with barriers for regulated pools(1)A person must not wilfully interfere with a barrier for a regulated pool to which the pool safety standard applies in a way that renders the pool noncompliant with the standard.Maximum penalty—165 penalty units.(2)Subsection (1) does not apply to a person—(a)carrying out fencing work under part 2A, division 3; or(b)attaching a thing to the barrier if attaching the thing does not unreasonably and materially alter or damage the barrier; or(c)altering a wall of a building along a common boundary.
(3)In this section—fencing work see the Neighbourhood Disputes Act, section 16.s 245U ins 2010 No. 35s 14amd 2011 No. 25s 105sch 1 pt 2sub 2011 No. 27s 216245UA QBCC commissioner may give local government information about regulated pools(1)This section applies if the QBCC commissioner reasonably suspects the fencing or other barriers for a regulated pool do not comply with the requirements of this Act for the fencing or barriers.(2)The commissioner may, by notice given to the local government, inform the local government of the commissioner’s suspicions.(3)The notice must include information about the location of the regulated pool.s 245UA ins 2010 No. 35s 14amd 2014 No. 56s 68sch 1245V When particular local government exemptions about requirements for pool fencing end(1)This section applies to a local government pool fencing exemption in force for a regulated pool immediately before the day (the relevant day) the owner of the pool must, under this Act, ensure the pool complies with the pool safety standard.(2)On and from the relevant day for the regulated pool, the local government pool fencing exemption is taken to have no force or effect in relation to the pool.(3)Subsection (2) applies despite any other Act or law.(4)In this section—local government pool fencing exemption—1A local government pool fencing exemption, for a regulated pool, means an exemption, whether partial or otherwise, from compliance with any requirements under a local law or a law of the State about fencing of the pool, if the exemption—(a)was lawfully given by a local government; and(b)is in force immediately before the relevant day for the pool.
2However, the term does not include an exemption mentioned in paragraph 1, to the extent the exemption—(a)applies to a particular occupier of land on which a swimming pool is situated; and(b)was given solely on the basis of the occupier’s inability to access the pool because of the occupier’s disability; and(c)is in force immediately before the relevant day for the regulated pool.
s 245V ins 2010 No. 35s 14245W When particular local law has no force or effect for regulated pool(1)This section applies to a provision of a local law to the extent it regulates pool safety matters for a regulated pool.(2)On the day the owner of the regulated pool must, under this Act, ensure the pool complies with the pool safety standard, the provision of the local law, to the extent it regulates pool safety matters, is taken to have no force or effect in relation to the pool.(3)In this section—pool safety matters, for a regulated pool, means—(a)the construction or maintenance of barriers for the pool; or(b)a matter for ensuring the safety of persons using a regulated pool and prescribed under section 231D(1), definition pool safety standard, paragraph (b).
s 245W (prev s 246) ins 1993 No. 70s 804 schsub 1998 No. 13s 12amd 2003 No. 53s 8; 2006 No. 59s 25sub 2010 No. 35s 14renum 2011 No. 27s 217Part 2ANeighbours’ rights and responsibilities for particular dividing fencespt hdg ins 2011 No. 27s 218Division 1Introductiondiv 1 (s 245X) ins 2011 No. 27s 218245X Overview(1)A sufficient dividing fence is required between 2 parcels of adjoining land if an adjoining owner requests a dividing fence.Note—For the responsibilities of neighbours for dividing fences generally, see the Neighbourhood Disputes Act, chapter 2.(2)This part—(a)modifies the responsibilities of neighbours under the Neighbourhood Disputes Act in relation to a dividing fence, or a part of a dividing fence, forming part of a pool barrier; and(b)provides for a pool owner to construct a pool barrier along the common boundary of adjoining lands.
(3)This part encourages neighbours to attempt to resolve a dividing fence issue informally.(4)However, if neighbours can not resolve a dividing fence issue, the dispute may be taken to QCAT for resolution.div 1 (s 245X) ins 2011 No. 27s 218Division 2Interpretationdiv 2 (s 245XA) ins 2011 No. 27s 218245XA Definitions for pt 2AIn this part—adjoining land see the Neighbourhood Disputes Act, section 15(3).adjoining owner see the Neighbourhood Disputes Act, section 15(1) and (2).dividing fence see the Neighbourhood Disputes Act, section 12.fence see the Neighbourhood Disputes Act, section 11.fencing work see the Neighbourhood Disputes Act, section 16.neighbouring pool, for an adjoining owner, means a regulated pool situated on the adjoining land.notice of proposed fencing work means a notice under section 245XM.owner, for land, see the Neighbourhood Disputes Act, section 14.pool barrier means a barrier for a regulated pool.Note—For this part a regulated pool includes other particular swimming pools. See section 231B(3).pool owner means an owner of land on which there is, or is proposed to be, a regulated pool.proposed regulated pool means a swimming pool, the construction of which has not been completed, and may not have been started, but for which the relevant person has a building development approval.special purpose fence means a dividing fence constructed according to a specific design, or using specific materials or dimensions, for the purpose of being an acoustic barrier or complying with any of the following—(a)a development approval;(b)a condition of a licence granted by a statutory authority;(c)an order of a court or tribunal;(d)an obligation under an Act.Example—an enclosure for a regulated dog under the Animal Management (Cats and Dogs) Act 2008
sufficient dividing fence see the Neighbourhood Disputes Act, section 13.div 2 (s 245XA) ins 2011 No. 27s 218Division 3Rights and responsibilities of pool owners and their neighbours for particular dividing fencesdiv hdg ins 2011 No. 27s 218245XB Right to construct pool barrier along common boundary(1)This section applies if—(a)there is no dividing fence between 2 parcels of adjoining land; and(b)there is, or is proposed to be, a regulated pool on only 1 of the parcels that will have part of its pool barrier along the common boundary between the parcels.
(2)The pool owner may construct part of the pool barrier along the common boundary if—(a)the pool owner and adjoining owner have agreed about carrying out the fencing work; or(b)QCAT has ordered that the fencing work be carried out.
(3)Also, the pool owner may construct part of the pool barrier along the common boundary without the adjoining owner having agreed to the carrying out of the fencing work if—(a)the pool barrier will, when complete, comply with the pool safety standard; and(b)the part of the pool barrier along the common boundary will, when complete, be a sufficient dividing fence; and(c)the pool owner gives the adjoining owner a notice of proposed fencing work at least 14 days before the proposed fencing work is carried out.
s 245XB ins 2011 No. 27s 218245XC Walls on common boundary(1)This section applies if—(a)there is a wall of a building along the common boundary of 2 parcels of adjoining land; and(b)there is, or is proposed to be, a regulated pool on the adjoining land without the building.
(2)A pool owner may use any part of the wall as part of a pool barrier that would, without alteration, comply with the pool safety standard.Note—The pool owner would need to construct a separate barrier for any part of the wall that does not comply with the pool safety standard. For example, a window in the wall.(3)However, despite any right of a pool owner under this division, the wall may not be altered, demolished or replaced without the agreement of the owner of the adjoining land on which the building is located.s 245XC ins 2011 No. 27s 218245XD Right to alter or replace existing dividing fence for the purpose of a pool barrier(1)This section applies if—(a)there is a dividing fence (the existing dividing fence) between 2 parcels of adjoining land; and(b)there is, or is proposed to be, a regulated pool on only 1 of the parcels that will use all or part of the dividing fence to form part of the barrier for the regulated pool.
(2)The pool owner may alter or replace all or part of the existing dividing fence if—(a)the pool owner and adjoining owner have agreed about carrying out the fencing work; or(b)QCAT has ordered that the fencing work be carried out.
(3)The pool owner may alter or replace all or part of the existing dividing fence without the adjoining owner having agreed about carrying out the fencing work if—(a)the new fence will, when complete, form part of the barrier for the regulated pool that complies with the pool safety standard; and(b)the new fence will, when complete, be a sufficient dividing fence; and(c)the new fence is constructed using similar materials and colours to those of the existing dividing fence if the use of the materials would not prevent compliance with paragraph (a) and (b); andNote—Some of the materials acceptable as constituting a sufficient dividing fence would not comply with the pool safety standard.(d)the pool owner gives the adjoining owner a notice of proposed fencing work at least 14 days before the proposed fencing work is carried out.
(4)Also, if the existing dividing fence is a special purpose fence, the new fence must—(a)continue to serve the particular purpose that the existing fence serves; and(b)comply with all the requirements applying to the existing dividing fence, including, for example, requirements about the design of the fence, the materials to be used in the fence or the dimensions of the fence.
(5)Also, if the existing dividing fence is more than 1.8m in height, the new fence must, despite subsection (3)(b), be the same height as the existing dividing fence but otherwise be a sufficient dividing fence.(6)In this section—new fence means a fence that has been altered or is a replacement of an existing fence.s 245XD ins 2011 No. 27s 218amd 2013 No. 5s 94 sch245XE Right to construct part of the barrier for 2 neighbouring pools along the common boundary or alter or replace existing fence(1)This section applies if—(a)there is, or is proposed to be, a regulated pool on each of 2 parcels of adjoining land; and(b)each regulated pool will use the same part, along the common boundary, of a barrier for a regulated pool.
(2)Either pool owner may—(a)construct, along the common boundary, the part of the barrier for the pools; or(b)alter or replace an existing dividing fence to form part of the barrier for the pools; or(c)attach a thing to the barrier that does not unreasonably and materially alter or damage the fence.
(3)However, a pool owner may act under subsection (2)(a) or (b) only if—(a)both pool owners have agreed about carrying out the fencing work; or(b)QCAT has ordered that the fencing work be carried out.
(4)Before carrying out fencing work mentioned in subsection (2)(a) or (b), a pool owner must give the other pool owner a notice of proposed fencing work, unless QCAT has ordered that the fencing work be carried out.(5)If, within 1 month after the notice is given, the pool owners have not agreed about the proposed fencing work to be carried out or their contributions to the proposed fencing work, either pool owner may, within 2 months after the notice is given, apply to QCAT for an order under section 245XQ.s 245XE ins 2011 No. 27s 218amd 2013 No. 5s 94 sch245XF Limited right of neighbour to alter or replace part of pool barrier along a common boundary(1)This section applies if—(a)there is part of the barrier for a regulated pool along the common boundary between 2 parcels of adjoining land; and(b)the part of the barrier is for a regulated pool on only 1 of the parcels.
(2)The neighbour, or another person on behalf of the neighbour, may alter or replace the part of the barrier only if—(a)the adjoining owner and the pool owner have agreed about carrying out the fencing work; or(b)QCAT has ordered that the fencing work be carried out.
(3)Also, the neighbour may attach a thing to the part of the barrier that does not unreasonably and materially alter or damage the barrier.(4)Before carrying out fencing work mentioned in subsection (2), the neighbour must give the other pool owner a notice of proposed fencing work, unless QCAT has ordered that the fencing work be carried out.(5)If, within 1 month after the notice is given, the neighbour and pool owner have not agreed about the proposed fencing work to be carried out or their contributions to the proposed fencing work, the neighbour or pool owner may, within 2 months after the notice is given, apply to QCAT for an order under section 245XQ.(6)To remove any doubt, it is declared that subsection (2) or (3) does not alter or otherwise affect a pool owner’s obligation under section 232(1).(7)In this section—neighbour means an owner or lessee of adjoining land on the opposite side of the common boundary from adjoining land with a regulated pool.s 245XF ins 2011 No. 27s 218amd 2013 No. 5s 94 sch245XG Right to enter adjoining land to carry out fencing work(1)A person may enter land owned by another person (the other owner) if—(a)the person has agreed with the other owner to carry out fencing and allow access to the land; or(b)QCAT has ordered that the fencing work be carried out by the person and that access be granted to the land.
(2)At least 14 days before entering the other owner’s land, the person must give the other owner, and any lessee of the land that the person is aware of, a notice of proposed fencing work.(3)An employee or agent of the person may enter the land if the person complies with subsection (2).(4)The person or the person’s employee or agent may enter the other person’s land only at a reasonable time and only to a reasonable extent needed to carry out the fencing work.(5)This section does not authorise entry to a dwelling on the land.s 245XG ins 2011 No. 27s 218245XH Apportioning cost of constructing etc. dividing fence forming part of a pool barrier(1)This section applies to carrying out relevant fencing work in relation to a dividing fence forming part of a pool barrier along the common boundary between 2 parcels of adjoining land.(2)If the dividing fence forms part of a barrier for a regulated pool on only 1 parcel of adjoining land—(a)to the extent the work is attributable to a pool owner complying with section 232(1), the cost of carrying out the work is to be borne solely by the pool owner; and(b)to the extent the work is not attributable to a pool owner complying with section 232(1), the cost of carrying out the work is to be borne equally by the pool owner and adjoining owner.
(3)However, the entire cost of a pool owner carrying out the following fencing work is to be borne solely by the pool owner—(a)altering or replacing a special purpose fence; or(b)altering or replacing a dividing fence to which section 245XD(5) applies.Note—Section 245XD(5) applies to an existing fence more than 1.8m in height.
(4)If the dividing fence forms part of a barrier for a regulated pool on each of the 2 parcels of adjoining land—(a)to the extent the work is attributable to both pool owners complying with section 232(1), the cost of carrying out the work is to be borne equally by both pool owners; and(b)to the extent the work is not attributable to both pool owners complying with section 232(1) but is attributable to 1 of the pool owners (the remaining owner) complying with section 232(1), the cost of carrying out the work is to be borne solely by the remaining owner; and(c)to the extent the work is not attributable to either pool owner complying with section 232(1), the cost of carrying out the work is to be borne equally by both pool owners.
(5)Despite subsection (2) or (4), if the relevant fencing work is altering or maintaining only 1 side of the dividing fence, the cost of carrying out the work is to be borne solely by the owner of the land on that side of the dividing fence.(6)Despite subsections (2) to (5), if the dividing fence is damaged or destroyed by an act or omission to which section 245XJ applies, the cost of restoring the dividing fencing is to be borne solely by the owner who, under that section, is responsible for the damage or destruction.(7)In this section—relevant fencing work means any of the following—(a)constructing a dividing fence forming part of a pool barrier;(b)altering or replacing a dividing fence along a common boundary to create a dividing fence forming part of a pool barrier;(c)maintaining a dividing fence forming part of a pool barrier.
s 245XH ins 2011 No. 27s 218amd 2013 No. 5s 94 sch245XI Attaching things to a dividing fence forming part of a pool barrier(1)An owner, or a person who has entered the owner’s land with the owner’s express consent, must not, without the consent of the adjoining owner, attach a thing to a dividing fence forming part of a pool barrier that unreasonably and materially alters or damages the fence.Examples of an attachment—carport, shade sails, lattice work, canvas, signs(2)However, subsection (1) does not apply if the thing was attached to the fence to make the fence comply with the pool safety standard.(3)If an owner does not comply with this section, the adjoining owner may—(a)apply to QCAT for an order requiring the owner to remove the thing attached and restore the dividing fence to a reasonable standard, having regard to its state before the thing was attached; or(b)carry out urgent fencing work under section 245XK to restore the dividing fence to a reasonable standard, having regard to its state before the thing was attached.
s 245XI ins 2011 No. 27s 218245XJ Negligent or deliberate act or omission(1)This section applies if, whether before or after the commencement of this section, a dividing fence forming part of a pool barrier is damaged or destroyed by a negligent or deliberate act or omission of—(a)an owner of land; or(b)a person who has entered the owner’s land with the owner’s express consent, whether written or oral.
(2)The owner must restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction.Note—If the owner does not comply with subsection (2), the adjoining owner may give the owner a notice under section 245XM or carry out urgent fencing work under section 245XK.s 245XJ ins 2011 No. 27s 218245XK Urgent fencing work(1)This section applies if all or part of a dividing fence forming part of a pool barrier is damaged or destroyed and, in the circumstances, urgent fencing work is required.(2)If it is impracticable to give a notice under section 245XM, an owner may, without giving the notice, carry out the fencing work required to restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction.Note—Contribution from an owner to the cost of the urgent fencing work may be obtained after giving a notice to the owner under section 245XN.(3)The cause of the damage or destruction does not affect the operation of this section.(4)However, if the dividing fence is damaged or destroyed in a way that renders a regulated pool, that uses the fence to form part of its pool barrier, noncompliant with the pool safety standard—(a)urgent fencing work is taken to be required; and(b)it is taken to be impracticable to give notice under section 245XM.
s 245XK ins 2011 No. 27s 218Division 4Process for obtaining contribution and resolving disputesdiv hdg ins 2011 No. 27s 218Subdivision 1Introductionsdiv 1 (s 245XL) ins 2011 No. 27s 218245XL Overview(1)Adjoining owners are encouraged to attempt to resolve issues about fencing work to avoid a dispute arising.(2)If an owner wants an adjoining owner to contribute to fencing work under this part, the owner must give the adjoining owner a notice under subdivision 2.(3)QCAT resolves disputes between adjoining owners if the dispute arises about carrying out fencing work for a dividing fence forming part of a pool barrier.Note—See division 5 for the process for dealing with unauthorised fencing work.sdiv 1 (s 245XL) ins 2011 No. 27s 218Subdivision 2Noticessdiv hdg ins 2011 No. 27s 218245XM Notice of proposed fencing work(1)If an owner must give notice of proposed fencing work under division 3, the notice must be in the approved form and state the following—(a)a description of the fencing work proposed to be carried out, including the design, dimensions and materials to be used;(b)if the fencing work is to construct or replace a dividing fence, the line on which it is proposed to construct or replace the fence;Note—A dividing fence must ordinarily be constructed on the common boundary.(c)if entry is needed to an adjoining owner’s land—(i)a description of the parts of the land to which entry is proposed; and(ii)the proposed times of entry.
(2)Subsections (3) and (4) apply if—(a)an owner may, under this part, seek a contribution from another owner for carrying out fencing work; and(b)the owner proposes to seek the contribution from the other owner.
(3)The notice must also state the following—(a)the estimated cost of the fencing work to be carried out including the cost of labour and materials;(b)the proposed proportions of contribution.
Note—An adjoining owner may contribute by a payment of an amount or provision of labour or materials.(4)The notice must be accompanied by a copy of at least 1 written quotation stating the estimated cost of the fencing work to be carried out.s 245XM ins 2011 No. 27s 218amd 2013 No. 5s 94 sch245XN Notice to contribute for urgent fencing work(1)This section applies if—(a)an owner carried out urgent fencing work under section 245XK; and(b)an adjoining owner is responsible for all or some of the costs of carrying out the fencing work under section 245XH.
(2)The owner may require the adjoining owner to contribute the adjoining owner’s share of any reasonable cost incurred for the urgent fencing work by giving a notice to the adjoining owner.(3)Reasonable costs incurred for urgent fencing work may include the cost of using a temporary fence as part of a pool barrier if use of the temporary fence was reasonable in the circumstances.(4)The notice must—(a)be in the approved form; and(b)state the following—(i)a description of the fencing work carried out, including the design, dimensions and materials used;(ii)the reason urgent fencing work was required;(iii)if a temporary fence was used—the reason for using the temporary fence;(iv)any cost incurred for the fencing work;(v)the proposed contributions for the fencing work; and
(c)include a receipt for the cost incurred for the fencing work.
(5)If, within 1 month after the notice is given, the adjoining owners have not agreed about their contributions to carrying out the fencing work, either adjoining owner may, within 2 months after the notice is given, apply to QCAT for an order under section 245XQ.s 245XN ins 2011 No. 27s 218Subdivision 3Resolving disputessdiv 3 (ss 245XO–245XS) ins 2011 No. 27s 218245XO Jurisdiction(1)QCAT has jurisdiction to hear and decide any matter arising under this part.(2)If there is more than 1 fence on the boundary of adjoining land, QCAT may decide which of the fences is the dividing fence for this part and order the removal of the other fence or fences.(3)If there is a fence other than a dividing fence on adjoining land, QCAT may order that it be removed if QCAT considers its removal is necessary to allow fencing work for a dividing fence.sdiv 3 (ss 245XO–245XS) ins 2011 No. 27s 218245XP RepresentationWithout limiting the QCAT Act, section 43, in a proceeding under this part an adjoining owner may be represented by a real estate agent.Note—The QCAT Act, section 43 allows a person to be represented by someone else if the person has impaired capacity or the person has been given leave by QCAT.sdiv 3 (ss 245XO–245XS) ins 2011 No. 27s 218245XQ Orders about carrying out fencing work(1)QCAT may, for an application about fencing work for a dividing fence forming part of a pool barrier, decide and order 1 or more of the following—(a)the line on which the fencing work is to be carried out, whether or not that line is on the common boundary of the adjoining land;(b)the fencing work to be carried out, including the kind of dividing fence involved and any access to land for carrying out the fencing work;(c)the way in which contributions for the fencing work are to be apportioned or reapportioned or the amount that each adjoining owner is liable to pay for the fencing work if the order is consistent with section 245XH;(d)the part of the dividing fence to be constructed or repaired by either adjoining owner;(e)when the fencing work is to be carried out;(f)any other work to be carried out that is necessary to carry out the fencing work ordered including work for a retaining wall;(g)that a fence has been used, or could lawfully be used, as a dividing fence forming part of a pool barrier;(h)the amount of compensation payable to an adjoining owner for damage or destruction to a dividing fence forming part of a pool barrier caused by the other adjoining owner or a person mentioned in section 245XJ(1)(b);(i)that an adjoining owner remove a thing attached to a dividing fence and restore the fence;(j)the amount of compensation payable to an adjoining owner for the removal of a fence under section 245XO(3);(k)whether or not a dividing fence forming part of a pool barrier would comply with the pool safety standard;(l)any other matter necessary for the administration of this part.
(2)The occupation of land on either side of a dividing fence forming part of a pool barrier, as a result of an order that fencing work is to be carried out on a line other than on the common boundary of the adjoining land, does not affect the title to, or possession of, the land.sdiv 3 (ss 245XO–245XS) ins 2011 No. 27s 218245XR Matters for QCAT considerationIn deciding an application under this part QCAT may consider all the circumstances of the application, including the following—(a)any existing or previously existing dividing fence;(b)the purposes for which the 2 parcels of adjoining land are used, or intended to be used;(c)the kind of dividing fence normally used in the area;(d)whether the dividing fence is capable of being maintained by the adjoining owners;(e)any policy adopted, or local law made, about dividing fences by a local government for the area where either parcel of land is situated;(f)any requirement for fencing work in a development approval for the land of either adjoining owner;(g)any written agreement made between the adjoining owners for the purposes of this part;(h)the pool safety standard.
sdiv 3 (ss 245XO–245XS) ins 2011 No. 27s 218245XS Application for order in absence of adjoining owner(1)An owner may apply to QCAT for an order, in the absence of the adjoining owner, authorising the carrying out of fencing work, including the way in which contributions for the work are to be apportioned.(2)An order may be made under subsection (1) only if QCAT is satisfied that the owner could not locate the adjoining owner after making all reasonable inquiries.Examples of reasonable inquiries—•searching the electoral roll or telephone directory•making inquiries with immediate neighbours, tenants, real estate agents and the local government about where the adjoining owner is
(3)An owner who carries out fencing work authorised by an order under this section and who later locates the adjoining owner may—(a)give a copy of the order to the adjoining owner; and(b)after 1 month from the day of giving a copy of the order, recover from the adjoining owner the adjoining owner’s contribution as stated in the order.
(4)The adjoining owner given a copy of an order under subsection (1) may, within 1 month after being given the copy, apply to QCAT for a variation of the order and QCAT may vary the order in any way it considers appropriate.(5)This section continues to apply to the owner or adjoining owner even if, after the order was made, the owner or the adjoining owner stopped owning the relevant parcel of land consisting of the adjoining land.sdiv 3 (ss 245XO–245XS) ins 2011 No. 27s 218Division 5Process for dealing with unauthorised fencing workdiv 5 (ss 245XT–245XV) ins 2011 No. 27s 218245XT Unauthorised fencing workAn owner is taken to have carried out fencing work for a dividing fence forming part of a pool barrier without authorisation unless—(a)the adjoining owners have agreed under this part about the fencing work being carried out; or(b)QCAT has ordered that the fencing work be carried out; or(c)the fencing work is carried out under division 3.
div 5 (ss 245XT–245XV) ins 2011 No. 27s 218245XU Application before unauthorised fencing work(1)This section applies if an owner believes on reasonable grounds that an adjoining owner intends to carry out fencing work for a dividing fence forming part of a pool barrier without authorisation.(2)The owner may apply to QCAT for an order preventing the adjoining owner from carrying out the fencing work.(3)The owner must give the adjoining owner a copy of the application at least 1 day before the application is heard.Note—Under the Acts Interpretation Act 1954, section 38(3), if the day before the application is heard falls on a day that is not a business day, the last day for giving a copy of the application is taken to be the next earlier business day.(4)On application under this section, QCAT may make an order preventing the adjoining owner from demolishing, or tampering with, the dividing fence.div 5 (ss 245XT–245XV) ins 2011 No. 27s 218245XV Application after unauthorised fencing work(1)This section applies if an owner carried out fencing work for a dividing fence forming part of a pool barrier without authorisation.(2)The adjoining owner, for whom the dividing fence forms part of a pool barrier, may apply to QCAT for an order requiring the owner to rectify the dividing fence.(3)The adjoining owner must give the owner a copy of the application at least 3 days before the application is heard.(4)On application under this section, QCAT may make an order requiring the owner to—(a)rectify the fencing work; and(b)bear the costs of the rectification.
div 5 (ss 245XT–245XV) ins 2011 No. 27s 218Division 6Process if common boundary not agreeddiv 6 (s 245XW) ins 2011 No. 27s 218245XW Process if common boundary not agreed(1)This section applies if adjoining owners do not agree on the position of the common boundary for the purposes of carrying out fencing work under this part.(2)An owner may give a notice to the adjoining owner, or the adjoining owner’s agent, of the owner’s intention to have the common boundary defined by a cadastral surveyor engaged by the owner.(3)If an adjoining owner is given a notice under subsection (2), the adjoining owner may, within 1 month after the notice is given—(a)have the common boundary defined by a cadastral surveyor engaged by the adjoining owner and give the owner written advice of the common boundary as defined by the cadastral surveyor; or(b)give the owner written advice of the common boundary as defined by the adjoining owner if the adjoining owner is satisfied of the accurate position of the common boundary.
(4)Unless an owner who has given notice under subsection (2) receives advice under subsection (3)(a), the owner may have the common boundary defined by a cadastral surveyor engaged by the owner.(5)If the common boundary defined by a cadastral surveyor engaged by the owner under subsection (4) is in about the same position as the position defined by the adjoining owner in an advice under subsection (3)(b), the adjoining owner is not liable for any of the reasonable cost of engaging the cadastral surveyor.(6)If subsection (5) does not apply—(a)adjoining owners are each liable for half the reasonable cost of engaging a cadastral surveyor under this section to define the position of the common boundary; and(b)if 1 adjoining owner pays the entire cost, the half payable by the other adjoining owner is recoverable as a debt by the first adjoining owner.
(7)In this section—cadastral surveyor means a person registered as a cadastral surveyor under the Surveyors Act 2003.div 6 (s 245XW) ins 2011 No. 27s 218Division 7Generaldiv 7 (ss 245XX–246) ins 2011 No. 27s 218245XX Measurement of the height of a dividing fence or pool barrierIf a provision of this part relates to the height of a dividing fence or pool barrier, the height of the fence or barrier is to be measured using—(a)for a provision that relates to a regulated pool on only 1 of 2 parcels of adjoining land—the side of the fence or barrier on the adjoining land with the regulated pool; or(b)for a provision that relates to a regulated pool on each of 2 parcels of adjoining land—the shorter side of the fence or barrier.
div 7 (ss 245XX–246) ins 2011 No. 27s 218245XY Substantial compliance is adequateSubstantial compliance with any agreement, notice or order mentioned in this part is adequate for this part.div 7 (ss 245XX–246) ins 2011 No. 27s 218245XZ Giving documents(1)A document may be given to a person under this part in the following ways—(a)leaving it with someone who is apparently an adult living at the relevant address;(b)if there is no-one at the relevant address—leaving it at the relevant address in a position where it is reasonably likely to come to the person’s attention;(c)if the relevant address is within a building or area to which the person who gives the document has been denied access—leaving it at the building or area in a position where it is reasonably likely to come to the person’s attention;(d)posting it to the relevant address.
(2)In a proceeding relating to this part, evidence of giving a document may be given orally or by affidavit.(3)For this section, a justice may take and receive an affidavit whether or not any matter to which the affidavit relates is pending in any court or QCAT.(4)If there are 2 or more joint owners of land and a person can not locate every owner, the document is taken to have been given to all joint owners if the person gives the document to at least 1 of the joint owners under this section.(5)This section does not limit the operation of the Acts Interpretation Act 1954, part 10.(6)In this section—document means a notice or a copy of an order under this part.relevant address, for a person to be given a document, means the person’s usual or last known place of residence or business and includes the person’s address as provided by a local government from its records.div 7 (ss 245XX–246) ins 2011 No. 27s 218246 Descriptions in noticeA description of land or a fence, line or boundary in a notice under this part is adequate if it allows no reasonable doubt about which land, fence, line or boundary is stated or if it is shown that the person given the notice knew the relevant land, fence, line or boundary.div 7 (ss 245XX–246) ins 2011 No. 27s 218Part 3Inspections of regulated pools and the giving of pool safety certificatespt hdg ins 2010 No. 21s 10Division 1Inspections of regulated pools by pool safety inspectorsdiv hdg ins 2010 No. 21s 10246ADefinitions for pt 1s 246A ins 2009 No. 51 s 29om 2012 No. 8 s 6246AA Obligation to give pool safety certificate on inspection in particular circumstances(1)This section applies if a pool safety inspector inspects a regulated pool and the inspector is reasonably satisfied the pool is a complying pool.(2)The pool safety inspector must, within 2 business days after the inspection, give the owner of the pool a pool safety certificate for the pool.(3)The pool safety inspector must not refuse to give a pool safety certificate for the pool only on the ground that—(a)there is no development approval to carry out building work that is the construction of, or alteration to, the pool (the pool work); or(b)the pool work does not comply with the development approval for the pool work.
s 246AA ins 2010 No. 21s 10246AB Nonconformity notice(1)This section applies if a pool safety inspector inspects a regulated pool (an initial inspection) and the inspector is not satisfied the pool is a complying pool.Note—Under section 246BE, if a pool safety inspector inspects a regulated pool that is not a complying pool, the inspector may, in particular circumstances, carry out minor repairs relating to the pool before giving a pool safety certificate for the pool.(2)Subject to subsections (3) and (4), the pool safety inspector must, within 2 business days after the inspection, give the owner of the pool a notice (a nonconformity notice) stating—(a)the pool is not a complying pool; and(b)how the pool is not a complying pool; and(c)what must be done to make the pool a complying pool; and(d)that the owner may ask the pool safety inspector to reinspect the pool within 3 months after the giving of the nonconformity notice (the reinspection period); and(e)that it is an offence for the owner to ask, in the reinspection period, a person other than the following to inspect the pool for the giving of a pool safety certificate for the pool—(i)if the owner initially asked the local government to inspect the pool—the local government;(ii)if the owner initially asked the pool safety inspector to inspect the pool—the pool safety inspector; and
(f)that the pool safety inspector must notify the local government if the owner does not ask the pool safety inspector to reinspect the pool within the reinspection period.
(3)The pool safety inspector is not required to give the owner of the pool a nonconformity notice if, within 2 business days after the initial inspection—(a)the pool safety inspector reinspects the pool and is reasonably satisfied the pool is a complying pool; or(b)the owner and the pool safety inspector agree that the inspector will carry out particular minor repairs to make the pool a complying pool and, within 20 business days after the making of the agreement—(i)the inspector carries out the minor repairs; and(ii)on reinspection of the pool, the inspector is reasonably satisfied the pool is a complying pool.
(4)If, within 2 business days after the initial inspection—(a)the owner of the pool and the pool safety inspector agree that the inspector will carry out particular minor repairs to make the pool a complying pool; and(b)within 20 business days after the making of the agreement—(i)the pool safety inspector has not carried out the repairs; or(ii)on reinspection of the pool, the inspector is not reasonably satisfied the pool is a complying pool;
the pool safety inspector must, within a further 2 business days, give the owner a nonconformity notice for the pool.(5)A nonconformity notice must include an information notice about the decision.s 246AB ins 2010 No. 21s 10amd 2011 No. 27s 219246AC Steps after nonconformity notice(1)This section applies if a pool safety inspector gives the owner of a regulated pool a nonconformity notice for the pool.(2)If, within the reinspection period, the owner asks the pool safety inspector to reinspect the pool, the pool safety inspector must reinspect the pool within 5 business days after the request or the longer period that the owner and inspector agree.(3)Sections 246AA and 246AB apply to the reinspection of the pool.(4)If the owner fails to ask the pool safety inspector to reinspect the pool within the reinspection period, the inspector must, within 5 business days after the end of the reinspection period—(a)notify the local government of the failure; and(b)give the local government a copy of the nonconformity notice.
Note—See also section 246BD (Effect of pool safety inspector not complying with Act if no penalty provided).(5)The owner of the pool may, in the reinspection period, ask only the following person to inspect the pool for the giving of a pool safety certificate for the pool—(a)if the owner initially asked the local government to inspect the pool—the local government;(b)if the owner initially asked the pool safety inspector to inspect the pool—the pool safety inspector.
Maximum penalty—50 penalty units.(6)Subsection (5) does not apply if—(a)the owner of the pool, by written request to the QBCC commissioner, asks the commissioner to allow a person other than the person mentioned in subsection (5) to reinspect the pool for the giving of a pool safety certificate for the pool; and(b)the commissioner gives the owner of the pool a notice agreeing to the request.
s 246AC ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246ACA Special provision for pool inspection in remote areas(1)If a pool safety inspector is engaged to inspect a regulated pool situated in a remote area, the pool safety inspector—(a)need not carry out an on-site inspection of the pool; and(b)may, for this Act, inspect the pool by using documents or any technology allowing the pool safety inspector to satisfy himself or herself about whether the pool is, or is not, a complying pool.
(2)In this section—prescribed local government means a local government prescribed under a regulation for this section.remote area means a part of the area of a prescribed local government that the local government—(a)is satisfied is a remote area for this section because of its remoteness from the business premises of persons who perform pool safety inspection functions; and(b)has by resolution declared to be a remote area for this section.
s 246ACA ins 2010 No. 35s 15246AD Record-keeping requirements for inspections(1)This section applies if a pool safety inspector inspects a regulated pool under this part.(2)The pool safety inspector must, for at least 5 years from the day the pool is inspected, keep a record of the inspection, including any pool safety certificate and nonconformity notice given, unless the inspector has a reasonable excuse.Maximum penalty—20 penalty units.s 246AD ins 2010 No. 21s 10Division 2Functions of local government for inspections of regulated poolsdiv hdg ins 2010 No. 21s 10246ADA Requirement to inspect particular pools(1)This section applies if a local government receives for a regulated pool—(a)notice of a pool immersion incident under section 245I; or(b)a pool safety complaint notice; or(c)a notice under section 245UA.
(2)The local government must, as soon as practicable after receiving the notice, inspect the regulated pool for compliance with—(a)if under this Act the owner of the pool must ensure the pool complies with the pool safety standard for the pool—the pool safety standard; or(b)otherwise—the fencing standards for the pool.
(3)However, the local government need not, under subsection (2), inspect a regulated pool for which the local government has received a pool safety complaint notice if the local government reasonably considers the complaint is vexatious.(4)The local government must not charge a fee for an inspection under subsection (2) relating to a notice mentioned in subsection (1)(a) or (b).(5)If, after the inspection, the local government is satisfied the pool does not comply with the pool safety standard or fencing standards for the pool (the relevant standards), the local government must take necessary enforcement action to ensure the pool complies with the relevant standards.(6)In this section—fencing standards, for a regulated pool, means the fencing standards under section 233 of this Act as in force before the 2010 Act commencement day that applied to the pool immediately before that day.pool safety complaint notice, for a regulated pool, means any complaint in writing that—(a)is given to a local government; and(b)concerns a matter about the pool’s safety, including the safety of its fencing or other barriers.
s 246ADA ins 2010 No. 35s 16246AE Power of local government to inspect regulated pool(1)This section applies if—(a)a pool safety inspector notifies the local government about a regulated pool under section 246AC(4); or(b)the local government must, under section 246ADA, inspect a regulated pool.
(2)An employee or agent of the local government may enter land on which the regulated pool is situated (the pool site) to inspect the pool.(3)If the owner, or an occupier, of the land is present at the pool site, the employee or agent must do, or make a reasonable attempt to do, the following things before entering the pool site—(a)identify himself or herself to the person, by—(i)producing his or her identity card for the person’s inspection before exercising the power; or(ii)having the identity card displayed so it is clearly visible to the person when exercising the power;
(b)tell the person the purpose of the entry;(c)seek the consent of the person to the entry;(d)tell the person the officer is permitted under this Act to enter the place without the person’s consent.
(4)However, if it is not practicable to comply with subsection (3)(a), the employee or agent must produce the identity card for the person’s inspection at the first reasonable opportunity.(5)If the person is not present, the employee or agent must take reasonable steps to advise the person of the employee’s or agent’s intention to enter the place.(6)Subsections (3) and (4) do not require the employee or agent to take a step that the employee or agent reasonably believes may frustrate or otherwise hinder the purposes of the entry.(7)Subsection (2) does not apply to the entry of a dwelling.s 246AE ins 2010 No. 21s 10amd 2010 No. 35s 17246AF Cancellation of pool safety certificate after inspection(1)This section applies if the local government—(a)inspects a regulated pool that has a pool safety certificate; and(b)reasonably believes the pool is not a complying pool.
(2)The local government may, after complying with section 246AG, cancel the pool safety certificate for the pool.(3)If the local government cancels the pool safety certificate under subsection (2), it must, within 10 business days after the cancellation, give the QBCC commissioner notice of the cancellation.(4)The commissioner must record in the regulated pools register the cancellation of the pool safety certificate for the pool.(5)Subsection (2) does not limit the power of the local government under sections 248 and 249.s 246AF ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246AG Show cause notice procedure and decision(1)The local government must, before cancelling the pool safety certificate under section 246AF(2), give the owner of the regulated pool a notice (a show cause notice).(2)The show cause notice must state each of the following—(a)that the local government proposes cancelling the pool safety certificate for the pool;(b)the grounds for cancelling the pool safety certificate;(c)the facts and circumstances forming the basis for the grounds;(d)that the owner of the pool may, within a stated period (the show cause period), make submissions about why the pool safety certificate should not be cancelled.
(3)The show cause period must end at least 10 business days after the owner is given the show cause notice.(4)The owner may, within the show cause period, make submissions to the local government about the show cause notice.(5)The local government must—(a)consider the submissions; and(b)decide whether to cancel the pool safety certificate for the pool.
(6)If the local government decides not to cancel the pool safety certificate, it must give the owner notice of the decision.(7)If the local government decides to cancel the pool safety certificate, it must give the owner an information notice about the decision.(8)A decision to cancel the pool safety certificate takes effect at the end of 10 business days after the information notice is given unless the owner sooner appeals the decision.(9)If the owner appeals the decision to cancel the pool safety certificate, the decision is stayed until—(a)the appeal is withdrawn; or(b)the appeal is dismissed.
s 246AG ins 2010 No. 21s 10amd 2010 No. 35s 18; 2013 No. 5s 94 sch246AH Request for inspection of regulated pool(1)This section applies if the owner of a regulated pool asks the local government to inspect the pool for the giving of a pool safety certificate for the pool.(2)The local government must appoint or employ a pool safety inspector to conduct the inspection of the pool.s 246AH ins 2010 No. 21s 10246AI Pool safety certificate does not limit power of local government to enter land for particular purposesTo remove any doubt, it is declared that the existence of a pool safety certificate for a regulated pool does not limit a person performing functions or exercising powers under this Act or another Act for a local government to enter land on which the pool is situated.Examples of provisions giving power to enter land for a local government—•City of Brisbane Act 2010, section 122 (Entering property under an approved inspection program)•City of Brisbane Act 2010, chapter 5, part 2, division 2 (Powers of other persons)•Local Government Act 2009, chapter 5, part 2, division 2 (Powers of other persons)•Local Government Act 2009, section 133 (Entering property under an approved inspection program)
s 246AI ins 2010 No. 21s 10amd 2012 No. 3s 132 sch; 2013 No. 30s 9sch 1246AIA Keeping records of particular notices(1)If a local government receives a notice mentioned in section 246ADA(1) for a regulated pool, the local government must, for at least 5 years after its receipt, keep a record of—(a)the notice; and(b)the results of any inspection of the regulated pool that was carried out by the local government under section 246ADA.
(2)The record may be kept in the way the local government decides.s 246AIA ins 2010 No. 35s 19246AIB Local government to give information to QBCC commissioner(1)The QBCC commissioner may, by notice given to the local government, ask the local government to give the commissioner information contained in a record kept by the local government under section 246AIA(1)(b).(2)The local government must comply with the request.s 246AIB ins 2010 No. 35s 19amd 2014 No. 56s 68sch 1Division 3Pool safety certificatesdiv hdg ins 2010 No. 21s 10246AJ Identification number for pool safety certificate(1)The QBCC commissioner must make available for purchase by pool safety inspectors identifying numbers for pool safety certificates that are unique to each certificate.(2)The identifying number for a pool safety certificate is called its identification number.(3)The fee for an identification number for a pool safety certificate is the fee prescribed under a regulation.(4)A pool safety inspector must, when giving a pool safety certificate, assign to the certificate an identification number.Maximum penalty for subsection (4)—50 penalty units.s 246AJ ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246AK Form of pool safety certificateA pool safety certificate for a regulated pool must—(a)be in the approved form; and(b)have an identification number; and(c)be signed by the pool safety inspector giving the certificate.
s 246AK ins 2010 No. 21s 10246AL Term of pool safety certificate(1)A pool safety certificate for a regulated pool expires at the end of the relevant period unless it is sooner cancelled under section 246AF.(2)In this section—relevant period means—(a)for a pool that is a shared pool—1 year after the pool safety certificate is given; or(b)otherwise—2 years after the pool safety certificate is given.
s 246AL ins 2010 No. 21s 10246AM Pool safety inspector’s obligation to give notice of pool safety certificates(1)This section applies if a pool safety inspector gives a pool safety certificate for a regulated pool.(2)The pool safety inspector must, within 5 business days after giving the certificate, give the QBCC commissioner details of the certificate in the way approved by the commissioner.s 246AM ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246AN Final inspection certificate or certificate of classification instead of pool safety certificate(1)This section applies to the following (each a building certificate)—(a)a final inspection certificate given for building work that is, or includes, the construction of, or alteration to, a regulated pool;(b)a certificate of classification given for—(i)a building that includes a regulated pool; or(ii)a building on land on which a regulated pool is situated.
(2)To the extent the building certificate applies to the pool, the building certificate may be used instead of a pool safety certificate for the pool for the relevant period.(3)In this section—relevant period means—(a)for a pool that is a shared pool—1 year after the building certificate is given; or(b)otherwise—2 years after the building certificate is given.
s 246AN ins 2010 No. 21s 10Division 4Miscellaneous provisiondiv hdg ins 2010 No. 21s 10246AO Appeals to development tribunal of decisions under pt 3(1)This section applies if the owner of a regulated pool is given under this part an information notice about a decision of a pool safety inspector or the local government.(2)The owner of the pool may, within the appeal period, appeal the decision to a development tribunal.(3)In this section—appeal period means—(a)for a decision of a pool safety inspector—20 business days after the information notice is given; or(b)for a decision of the local government—10 business days after the information notice is given.
s 246AO ins 2010 No. 21s 10amd 2010 No. 35s 20; 2016 No. 27 s 105Part 4General provisions about regulated poolspt hdg ins 2010 No. 21s 10Division 1Obligations to give notice of regulated poolsdiv hdg ins 2010 No. 21s 10246AP Building certifier’s obligation to give notice of regulated pool(1)This section applies to a building certifier who gives either of the following (each a building certificate)—(a)a final inspection certificate for building work that is, or includes, the construction of, or alteration to, a regulated pool;(b)a certificate of classification for—(i)a building that includes a regulated pool; or(ii)a building on land on which a regulated pool is situated.
(2)The building certifier must, within 5 business days after giving the building certificate, give the QBCC commissioner details of the certificate in the way approved by the commissioner.Maximum penalty—20 penalty units.s 246AP ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246AQ Local government’s obligation to give notice of existing regulated pool(1)A local government must, within 3 months after the commencement of this section and in the way approved by the QBCC commissioner, give the commissioner details of each existing regulated pool in its local government area of which the local government has a record.(2)In this section—existing regulated pool means a regulated pool in existence on the commencement of this section.s 246AQ ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246AR Owner’s obligation to give notice of existing regulated pool(1)This section applies to an existing regulated pool that is not recorded in the regulated pools register at the end of 3 months after the commencement of this section.(2)The owner of the pool must, by a day prescribed under a regulation (the prescribed day), give the QBCC commissioner details of the pool in the way approved by the commissioner, unless the owner has a reasonable excuse.Maximum penalty—20 penalty units.(3)The prescribed day must not be later than 12 months after the commencement of this subsection.(4)This section does not apply to an existing regulated pool that is demolished or removed before the prescribed day.(5)In this section—existing regulated pool means a regulated pool in existence on the commencement of this section.s 246AR ins 2010 No. 21s 10amd 2011 No. 17s 4; 2012 No. 3s 132 sch; 2014 No. 56s 68sch 1Division 2Register of regulated poolsdiv hdg ins 2010 No. 21s 10246AS Regulated pools register(1)The QBCC commissioner must keep a register of regulated pools (the regulated pools register).(2)The regulated pools register may be kept in the way the commissioner considers appropriate, including, for example, in an electronic form.(3)The regulated pools register must contain the following particulars for each regulated pool—(a)the address, and real property description, of the land on which the pool is situated;(b)the following information about any pool safety certificate for the pool—(i)the day the certificate was given and the period for which it is stated to remain in force;(ii)the certificate’s identification number;
(c)any other matter prescribed under a regulation.
s 246AS ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246AT Access to regulated pools register(1)The QBCC commissioner must—(a)on payment of the fee prescribed under a regulation, make the regulated pools register available for inspection by anyone at—(i)QBCC’s head office, while the office is open for business; and(ii)other places the commissioner considers appropriate; and
(b)on application by a person and payment of the fee prescribed under a regulation, give the person a copy of all or part of the information held in the register.
(2)The commissioner may make the regulated pools register available for inspection on QBCC’s website.(3)A person or entity, or class of persons or entities, prescribed under a regulation may inspect the register without payment of the fee.s 246AT ins 2010 No. 21s 10amd 2014 No. 56s 29Division 3Functions of private certifiers—regulated poolsdiv hdg ins 2010 No. 35s 21246ATA Application of div 3This division applies to a private certifier (class A) if, in carrying out private certifying functions in relation to a regulated pool, the private certifier is satisfied—(a)the pool does not comply with the pool safety standard; and(b)the owner of the pool has not taken, or is not taking, appropriate action to ensure the pool complies with the pool safety standard.
s 246ATA ins 2010 No. 35s 21246ATB Private certifier to take enforcement action(1)The private certifier must take appropriate enforcement action against the owner of the regulated pool to ensure it complies with the pool safety standard.(2)For taking the enforcement action—(a)a reference in section 248 to a local government includes a reference to a private certifier (class A) taking action under subsection (1); and(b)a reference in the Planning Act, chapter 5, part 3 to an enforcement authority includes a reference to a private certifier (class A) taking action under subsection (1).
(3)However, in taking the enforcement action, the private certifier need not first give a show cause notice for the matter the subject of the enforcement action.(4)Subsection (3) applies despite section 248(3) and the Planning Act, section 167.(5)To remove any doubt, it is declared that this section does not limit the local government’s functions or powers under this Act or the Planning Act, chapter 5, part 3.(6)If—(a)under this section a private certifier (class A) gives a person an enforcement notice; and(b)the person does not comply with the notice;
the certifier must as soon as practicable give the local government notice of the noncompliance.s 246ATB ins 2010 No. 35s 21amd 2016 No. 27 s 106Division 4Obligation to give information to particular regulated pool ownersdiv 4 (s 246ATC) ins 2010 No. 35s 21246ATC Local government’s obligation to give information about particular regulated pools(1)A local government must, at least once every 4 years, give the swimming pool safety advisory information to each owner of a non-certificate regulated pool in its local government area.(2)The local government may comply with subsection (1) in the way it considers appropriate.Example—A local government may include the swimming pool safety advisory information in a document given to all ratepayers in its area.(3)In this section—non-certificate regulated pool means a regulated pool included on the regulated pools register, if a pool safety certificate has not been in effect for the pool for at least 4 years.swimming pool safety advisory information means information prescribed under a regulation about matters relating to ensuring barriers for swimming pools are safe and reduce the risk of children drowning.Examples of information—•information promoting the importance of having pools inspected for compliance with the pool safety standard•information about obligations to comply with the pool safety standard
div 4 (s 246ATC) ins 2010 No. 35s 21Division 5Provisions about dealings involving regulated poolsdiv hdg ins 2010 No. 35s 21Subdivision 1Preliminarysdiv 1 (ss 246ATD–246ATE) ins 2010 No. 35s 21246ATD Definitions for div 5In this division—regulated premises means a building, or part of a building (other than a part that is not a class 1, 2, 3 or 4 building), on regulated land, if a regulated pool is situated on the land.relevant regulated pool, for regulated premises, means—(a)if the premises are a building that is subject to an Act mentioned in schedule 2, definition owner, of a regulated pool, paragraphs (a) to (e)—a regulated pool situated on common property or a common property lot under that Act; or(b)if the premises are part of a building mentioned in paragraph (a)—a regulated pool situated on that part or on common property or a common property lot under the Act mentioned in paragraph (a) to which the building is subject; or(c)if the premises is a moveable dwelling situated on a moveable dwelling park—a regulated pool situated on the dwelling, the site in the moveable dwelling park where the dwelling is situated or on other land, other than moveable dwelling premises, in the moveable dwelling park; or(d)if the premises is a manufactured home in a residential park—a regulated pool situated on the manufactured home, the site in the residential park where the manufactured home is situated or on the common areas of the residential park; or(e)if paragraphs (a) to (d) do not apply—a regulated pool situated on the regulated land where the premises are located.
sdiv 1 (ss 246ATD–246ATE) ins 2010 No. 35s 21246ATE When pool safety certificate taken to be in effect for div 5(1)This section applies for each provision of this division and any proceeding relating to a purported contravention of the provision.(2)A pool safety certificate is taken to be in effect for a relevant regulated pool at a particular time if information included on the regulated pools register at that time shows that a pool safety certificate is in effect for the pool.(3)However, subsection (2) does not apply in relation to the owner of a relevant regulated pool if the owner knew, or ought reasonably to have known, that a pool safety certificate was not in effect for the pool.sdiv 1 (ss 246ATD–246ATE) ins 2010 No. 35s 21Subdivision 2Offences and other requirementssdiv hdg ins 2010 No. 35s 21246ATF Offence about sale of regulated premisesAn owner of regulated premises who is proposing to sell the premises must, before settlement under a contract of sale for the premises—(a)if a pool safety certificate is in effect for a relevant regulated pool for the premises—give to the purchaser of the premises under the contract a copy of the pool safety certificate; and(b)if a pool safety certificate is not in effect for a relevant regulated pool that is not a shared pool—give a notice in the approved form to each of the following—(i)the purchaser;(ii)the QBCC commissioner; and
(c)if a pool safety certificate is not in effect for a relevant regulated pool that is a shared pool—give a notice in the approved form to each of the following—(i)the purchaser;(ii)the owner of the shared pool;(iii)the commissioner.
Maximum penalty—165 penalty units.s 246ATF ins 2010 No. 35s 21amd 2014 No. 56s 68sch 1246ATG Offence about entering into accommodation agreement—regulated pool that is not a shared poolThe owner of regulated premises must not enter into an accommodation agreement for the premises unless a pool safety certificate is in effect for each relevant regulated pool for the premises that is not a shared pool.Maximum penalty—165 penalty units.s 246ATG ins 2010 No. 35s 21246ATH Offences about displaying and giving copies of pool safety certificates for shared pools(1)Subsection (2) applies to the owner of a relevant regulated pool for regulated premises if—(a)the pool is a shared pool; and(b)a pool safety certificate is in effect for the pool.
(2)The owner must, as soon as practicable after the pool safety certificate is in effect for the pool and while it is in effect, ensure a copy of the certificate is conspicuously displayed as near as practicable to—(a)the main entrance of the regulated premises; or(b)a gate or door giving access to the pool.
Maximum penalty—165 penalty units.(3)Subsection (4) applies to the owner of regulated premises if a pool safety certificate is in effect for a relevant regulated pool for the premises that—(a)is a shared pool; and(b)is not situated on land or in a building at which short-term accommodation is provided.Examples of buildings at which short-term accommodation is provided—motel, hotel and backpacker’s hostel
(4)The owner must, before entering into an accommodation agreement for the premises, give to the person who will be the occupier of the premises under the agreement a copy of the pool safety certificate.Maximum penalty—165 penalty units.s 246ATH ins 2010 No. 35s 21246ATI Offence about entering into accommodation agreement—pool safety certificate not in effect for shared pool(1)This section applies to the owner of regulated premises if a pool safety certificate is not in effect for a relevant regulated pool for the premises that is a shared pool.(2)The owner must, before entering into an accommodation agreement for the premises, give a notice in the approved form to each of the following—(a)if the shared pool is not situated on land or in a building at which short-term accommodation is provided—the person who will be the occupier of the premises under the accommodation agreement;(b)the owner of the shared pool;(c)the QBCC commissioner.
Maximum penalty—165 penalty units.s 246ATI ins 2010 No. 35s 21amd 2014 No. 56s 68sch 1246ATJ Requirement to obtain pool safety certificate for regulated pool that is not a shared pool(1)This section applies to a person who purchases regulated premises if, at settlement under the contract of sale for the premises, a pool safety certificate is not in effect for a relevant regulated pool for the premises that is not a shared pool.(2)The person must ensure there is a pool safety certificate in effect for the pool within—(a)generally—90 days after the day of settlement (the usual period); or(b)if, during the usual period, the person becomes a party to a proceeding before QCAT relating to the barrier for the pool—the usual period plus a further period equal to the number of days the person was a party to the proceeding.
Maximum penalty—165 penalty units.(3)This section applies despite a contravention of section 246ATF(b) or (c) in relation to the sale of the regulated premises.s 246ATJ ins 2010 No. 35s 21amd 2011 No. 27s 220246ATK Requirement to obtain pool safety certificate for regulated pool that is a shared pool(1)Subsection (2) applies to the owner of a shared pool on regulated premises if the owner is given a notice under section 246ATF(c) relating to the sale of the premises.(2)The owner must ensure there is a pool safety certificate in effect for the pool within—(a)generally—90 days after the day of settlement under the contract of sale for the premises (the usual period); or(b)if, during the usual period, the owner becomes a party to a proceeding before QCAT relating to the barrier for the pool—the usual period plus a further period equal to the number of days the owner was a party to the proceeding.
Maximum penalty—165 penalty units.(3)Subsection (4) applies to the owner of a shared pool on regulated premises if the owner is given a notice under section 246ATI relating to an accommodation agreement for the premises.(4)The owner must ensure there is a pool safety certificate in effect for the pool within—(a)generally—90 days after the day the accommodation agreement is entered into (the usual period); or(b)if, during the usual period, the owner becomes a party to a proceeding before QCAT relating to the barrier for the pool—the usual period plus a further period equal to the number of days the owner was a party to the proceeding.
Maximum penalty—165 penalty units.s 246ATK ins 2010 No. 35s 21amd 2011 No. 27s 221246ATL Licensee not to ask for, or receive, reward in particular circumstances(1)Subsection (2) applies if, immediately before an accommodation agreement is entered into for regulated premises, a pool safety certificate is not in effect for a relevant regulated pool for the premises that is not a shared pool.(2)A licensee must not, for any activities carried out by the licensee for the entering into of the accommodation agreement, ask for, or receive, a reward for the performance of the licensee’s activities.(3)A contravention of subsection (2) is not an offence.(4)However, a failure of a licensee to comply with subsection (2) is, for the Property Occupations Act 2014, section 172, a ground for starting disciplinary proceedings against the licensee.(5)In this section—licensee means a person in whose name a property agent licence is issued and in force under the Property Occupations Act 2014.reward includes remuneration of any kind including, for example, any fee, commission or gain.s 246ATL ins 2010 No. 35s 21amd 2014 No. 22s 287sch 2 pt 2Subdivision 3Miscellaneoussdiv 3 (s 246ATM) ins 2010 No. 35s 21246ATM Prescribed notification requirements(1)This section applies in relation to the proposed sale of regulated premises.(2)A regulation may prescribe notification requirements for the owner of the premises to inform a prospective purchaser of the premises, before any contract for the sale of the premises is entered into, if there is no pool safety certificate in effect for a relevant regulated pool for the premises.(3)The prescribed notification requirements may only require the owner to inform the purchaser—(a)that there is no pool safety certificate in effect for a relevant regulated pool for the premises; and(b)about matters relating to the purchaser’s potential obligations under the Act if the premises are sold and there is no pool safety certificate in effect for the pool.
sdiv 3 (s 246ATM) ins 2010 No. 35s 21Part 5General provisions about pool safety inspectorspt hdg ins 2010 No. 21s 10Division 1Regulation of the performance of pool safety inspection functionsdiv hdg ins 2010 No. 21s 10246AU Person must not perform pool safety inspection functions without licenceA person who is not a pool safety inspector must not perform a pool safety inspection function unless the function is carrying out minor repairs mentioned in section 231C(b).Maximum penalty—165 penalty units.s 246AU ins 2010 No. 21s 10amd 2010 No. 35s 22246AV Person must not perform pool safety inspection functions without prescribed professional indemnity insuranceA pool safety inspector must not perform a pool safety inspection function unless the pool safety inspector has the prescribed professional indemnity insurance.Maximum penalty—100 penalty units.s 246AV ins 2010 No. 21s 10246AW Giving pool safety certificates and nonconformity notices(1)A pool safety inspector may give a pool safety certificate for a regulated pool only if the pool safety inspector—(a)has inspected the pool; and(b)is reasonably satisfied the pool is a complying pool.
Maximum penalty—165 penalty units.(2)A pool safety inspector may give a nonconformity notice for a regulated pool only if the pool safety inspector—(a)has inspected the pool; and(b)is reasonably satisfied the pool is not a complying pool.
Maximum penalty—165 penalty units.s 246AW ins 2010 No. 21s 10246AX Pool safety inspector’s duty to act in public interest in performing pool safety inspection function(1)A pool safety inspector must, in performing pool safety inspection functions, always act in the public interest.Note—See also section 246BD (Effect of pool safety inspector not complying with Act if no penalty provided).(2)For subsection (1), the occasions when a pool safety inspector does not act in the public interest in performing pool safety inspection functions include, but are not limited to, when the inspector does any of the following—(a)seeks, accepts or agrees to accept a benefit (whether for the inspector’s benefit or someone else) as a reward or inducement to act other than under this Act;(b)acts in a way contrary to a function of the inspector under this Act;(c)acts outside the scope of the inspector’s powers under this Act;(d)contravenes the code of conduct for pool safety inspectors;(e)acts in a way, in relation to the inspector’s practice, that is grossly negligent or grossly incompetent.
s 246AX ins 2010 No. 21s 10amd 2012 No. 3s 132 sch246AY Pool safety inspector must not perform pool safety inspection function if there is a conflict of interest(1)A pool safety inspector must not perform a pool safety inspection function if, in performing the function, the inspector has a conflict of interest.Note—See also section 246BD (Effect of pool safety inspector not complying with Act if no penalty provided).(2)For subsection (1), the occasions when a pool safety inspector has a conflict of interest include, but are not limited to, when the inspector—(a)has carried out building work to which the pool safety standard applies, other than minor repairs, for the regulated pool; or(b)is the owner or a lessee of, or the owner of a lot in, the building on the subject land; or(c)has a direct or indirect pecuniary interest in the building on the subject land.
(3)In this section—subject land means land on which the regulated pool the subject of the pool safety inspection function is situated.s 246AY ins 2010 No. 21s 10Division 2Code of conduct for pool safety inspectorsdiv hdg ins 2010 No. 21s 10246AZ Making code of conduct for pool safety inspectors(1)The QBCC commissioner may make a code of conduct for pool safety inspectors for performing pool safety inspection functions (the code of conduct for pool safety inspectors).(2)The Minister must, within 14 sitting days after the code of conduct for pool safety inspectors takes effect, table a copy of the code in the Legislative Assembly.s 246AZ ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246BForm and content of sustainability declarations 246B ins 2009 No. 51 s 29om 2012 No. 8 s 6246BA When code of conduct for pool safety inspectors takes effect(1)The code of conduct for pool safety inspectors, or an amendment or replacement of the code, does not take effect until it has been approved under a regulation.(2)A reference to the code of conduct for pool safety inspectors is taken to include any amendment or replacement under subsection (1) that has taken effect.s 246BA ins 2010 No. 21s 10246BB Tabling and inspection of amendment or replacement not part of or attached to regulation(1)This section applies if—(a)a regulation made under section 246BA approves an amendment or replacement of the code of conduct for pool safety inspectors; and(b)the amendment or replacement is not part of, or attached to, the regulation.
(2)The Minister must, within 14 sitting days after the regulation is notified, table a copy of the amendment or replacement in the Legislative Assembly.(3)A failure to comply with subsection (2) does not invalidate or otherwise affect the regulation.s 246BB ins 2010 No. 21s 10amd 2013 No. 39s 110sch 3 pt 2246BC Access to code of conduct for pool safety inspectors(1)The QBCC commissioner must make the code of conduct for pool safety inspectors available for inspection by anyone while QBCC’s head office is open for business.(2)The commissioner may make the code of conduct available for inspection on QBCC’s website.s 246BC ins 2010 No. 21s 10sub 2014 No. 56s 30Division 3Miscellaneous provisionsdiv 3 (ss 246BD–246BF) ins 2010 No. 21s 10246BD Effect of pool safety inspector not complying with Act if no penalty provided(1)This section applies if a pool safety inspector does not comply with—(a)a provision of this Act about pool safety inspection functions or section 246CV; and(b)no penalty is stated for the failure to comply.
Examples of provisions mentioned in subsection (1)—sections 246AC, 246AX and 246AY(2)The failure to comply is not an offence.(3)For the definition of ground for disciplinary action, the failure is taken to be conduct that is contrary to a function under this Act.div 3 (ss 246BD–246BF) ins 2010 No. 21s 10246BE Pool safety inspector may carry out minor repairs in particular circumstances(1)A pool safety inspector may, in particular circumstances, carry out the repairs, or other works, prescribed under a regulation (minor repairs) for a regulated pool before giving a pool safety certificate for the pool.(2)The particular circumstances for subsection (1) are—(a)the pool safety inspector inspects a regulated pool to decide whether the pool is a complying pool; and(b)the pool would be a complying pool only if particular minor repairs were carried out; and(c)the owner of the pool agrees that the pool safety inspector may carry out the minor repairs.
Note—See also section 246AB.(3)The pool safety inspector may charge the owner the reasonable cost of carrying out the minor repairs.div 3 (ss 246BD–246BF) ins 2010 No. 21s 10246BF Pool safety inspector to have regard to particular guidelinesIn performing a pool safety inspection function, a pool safety inspector must have regard to the guidelines made under section 258 that are relevant to performing the function.div 3 (ss 246BD–246BF) ins 2010 No. 21s 10Part 6Licensing of pool safety inspectorspt hdg ins 2010 No. 21s 10Division 1Rolediv 1 (s 246BG) ins 2010 No. 21s 10246BG Role of pool safety inspectorA pool safety inspector may perform pool safety inspection functions for regulated pools.div 1 (s 246BG) ins 2010 No. 21s 10Division 2Applying for and obtaining licencediv hdg ins 2010 No. 21s 10246BH Who may apply(1)A building certifier may apply to the QBCC commissioner for a licence.(2)An individual who is not a building certifier may apply to the commissioner for a licence only if the individual—(a)holds a qualification or statement of attainment for an approved training course; and(b)if the commissioner approves a test about pool safety and pool safety inspection functions (a pool safety inspector test)—has passed the test.
s 246BH ins 2010 No. 21s 10amd 2010 No. 35s 22A; 2012 No. 11s 10; 2014 No. 56s 68sch 1246BI Requirements for application(1)An application for a licence must be—(a)made to the QBCC commissioner; and(b)in the approved form; and(c)accompanied by each of the following—(i)the application fee prescribed under a regulation;(ii)the licence fee for the licence prescribed under a regulation;(iii)evidence of the applicant’s identity;(iv)if the applicant is not a building certifier—a copy of the applicant’s qualification or statement of attainment for an approved training course;(v)if the applicant is not a building certifier and the commissioner has approved a pool safety inspector test—evidence that the applicant has passed the test;(vi)evidence that the applicant has the prescribed professional indemnity insurance.
(2)Information in the application must, if the approved form requires, be verified by a statutory declaration.s 246BI ins 2010 No. 21s 10amd 2010 No. 35s 22B; 2012 No. 11s 11; 2014 No. 56s 68sch 1246BJ Decision on licence application(1)Subject to section 246CH, the QBCC commissioner must consider the application and decide to—(a)license the applicant; or(b)refuse to license the applicant.
(2)However, the commissioner may decide to license the applicant only if it is satisfied the applicant is a suitable person to hold a licence.(3)The commissioner may impose conditions on the licence.(4)The commissioner is taken to have refused to license the applicant if the commissioner does not decide the application within the decision period.(5)If the application is refused under subsection (4), the applicant is entitled to be given by the commissioner an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.s 246BJ ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246BK Steps after making decision(1)If the QBCC commissioner decides to license the applicant, it must issue the licence to the applicant.(2)If the commissioner decides to refuse to license the applicant or to impose conditions on any licence issued to the applicant, it must give the applicant an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.s 246BK ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246BL Duration of licenceSubject to section 246BO, a licence remains in force for 1 year, unless it is earlier cancelled, suspended or surrendered under this Act.s 246BL ins 2010 No. 21s 10Division 3Renewal and restoration of licencesdiv hdg ins 2010 No. 21s 10Subdivision 1Notice of expirysdiv hdg ins 2010 No. 21s 10246BM Notice of expiry of licence(1)The QBCC commissioner must, at least 20 business days before each pool safety inspector’s licence expires, give the inspector notice of the expiry.(2)The notice must state—(a)the day the licence will expire; and(b)that, if the pool safety inspector wishes to renew the licence, the inspector must, on or before the expiry day—(i)apply to renew the licence; and(ii)pay the renewal fee, and licence fee, prescribed under a regulation for the period of the renewed licence; and
(c)how to apply to renew the licence.
s 246BM ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1Subdivision 2Renewalssdiv hdg ins 2010 No. 21s 10246BN Applying for renewal(1)A pool safety inspector may apply to the QBCC commissioner to renew the inspector’s licence.(2)However, the application can not be made after the licence expires.(3)The application must be in the approved form and accompanied by—(a)the renewal fee prescribed under a regulation; and(b)the licence fee prescribed under a regulation; and(c)evidence of the applicant’s identity; and(d)evidence that the applicant has the prescribed professional indemnity insurance; and(e)evidence that the applicant has undertaken in the previous 12-month period the continuing professional development prescribed under a regulation.
s 246BN ins 2010 No. 21s 10amd 2013 No. 5s 62; 2014 No. 56s 68sch 1246BO Existing licence taken to be in force while application is being considered(1)If an application is made under section 246BN to renew a licence, the licence is taken to continue in force from the day it would, apart from this section, have expired until the application is decided.(2)Subsection (1) does not apply if the licence is earlier cancelled, suspended or surrendered under this Act.s 246BO ins 2010 No. 21s 10246BP Decision on renewal application(1)Subject to section 246CH, the QBCC commissioner must consider the application and decide to—(a)renew the licence; or(b)refuse to renew the licence.
(2)However, the commissioner may decide to renew the licence only if it is satisfied the applicant is still a suitable person to hold a licence.(3)The commissioner is taken to have refused to renew the licence if the commissioner does not decide the application within the decision period.(4)If the application is refused under subsection (3), the applicant is entitled to be given by the commissioner an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.s 246BP ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246BQ Steps after making decision(1)If the QBCC commissioner decides to renew the licence, it must issue the renewed licence to the applicant.(2)If the commissioner refuses to renew the licence or imposes conditions on the licence, it must give the applicant an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.s 246BQ ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1Subdivision 3Restorationsdiv hdg ins 2010 No. 21s 10246BR Applying for restoration(1)If a pool safety inspector’s licence expires, the person may apply for restoration of the licence.(2)The application must—(a)be made within 3 months after the expiry; and(b)be made to the QBCC commissioner in the approved form; and(c)be accompanied by—(i)the restoration fee prescribed under a regulation; and(ii)the licence fee prescribed under a regulation; and(iii)evidence of the applicant’s identity; and(iv)evidence that the applicant has the prescribed professional indemnity insurance; and(v)evidence that the applicant has undertaken in the previous 12 months the continuing professional development prescribed under a regulation.
s 246BR ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246BS Existing licence taken to be in force while application is being considered(1)If an application is made under section 246BR to restore a licence, the licence is taken to continue in force from the day it would, apart from this section, have expired until the application is decided.(2)Subsection (1) does not apply if the licence is earlier cancelled, suspended or surrendered under this Act.s 246BS ins 2010 No. 21s 10246BT Decision on restoration application(1)Subject to section 246CH, the QBCC commissioner must consider the application and decide to—(a)restore the licence; or(b)refuse to restore the licence.
(2)However, the commissioner may decide to restore the licence only if it is satisfied the applicant is still a suitable person to hold a licence.(3)The commissioner is taken to have refused to restore the licence if the commissioner does not decide the application within the decision period.(4)If the application is refused under subsection (3), the applicant is entitled to be given by the commissioner an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.s 246BT ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246BU Steps after making decision(1)If the QBCC commissioner decides to restore the licence, it must issue the restored licence to the applicant.(2)If the commissioner refuses to restore the licence or imposes conditions on the licence, it must give the applicant an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.s 246BU ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1Division 4Cancellation and suspension of, and other changes to, licencesdiv hdg ins 2010 No. 21s 10Subdivision 1QBCC commissioner’s powerssdiv hdg ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246BV Power to amend, cancel or suspend licence(1)The QBCC commissioner may, on the ground that a pool safety inspector is not a suitable person to hold a licence, do either of the following to the inspector’s licence—(a)amend it to impose or remove a condition;(b)cancel or suspend it.
(2)The power under subsection (1) may be exercised at any time after the commissioner has complied with subdivision 2.(3)To remove any doubt, it is declared that the commissioner can not, under subsection (1), amend, cancel or suspend the pool safety inspector’s licence if the commissioner considers the inspector is not a suitable person to hold a licence only because a ground for disciplinary action is established.Note—The power of the commissioner under this section does not limit the power of the commissioner to take disciplinary action under part 7 (Complaints, investigations and disciplinary proceedings relating to pool safety inspectors).s 246BV ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246BW Notice of particular events to interstate licensing authorities and other entities(1)This section applies if any of the following (the event) happens to a pool safety inspector’s licence—(a)it is cancelled or suspended;(b)it is amended under this subdivision.
(2)As soon as practicable after the happening of the event, the QBCC commissioner must give notice of the event to the authority in any other State or New Zealand of which it is aware the pool safety inspector has a licence (however called) that is the same, or substantially the same, as a licence under this part.(3)Also, the commissioner may give notice of the event to all or any of the following—(a)any employer of the pool safety inspector;(b)another entity the commissioner reasonably believes needs to know about the event.
(4)A notice under this section may include the information the commissioner considers appropriate in the circumstances.s 246BW ins 2010 No. 21s 10amd 2013 No. 38s 14sch 1; 2014 No. 56s 31Subdivision 2Show cause notice proceduresdiv hdg ins 2010 No. 21s 10246BX Show cause notice(1)If the QBCC commissioner believes grounds exist to act under subdivision 1, it must, before taking the action, give the relevant pool safety inspector a notice (a show cause notice).(2)The show cause notice must state each of the following—(a)the proposed action;(b)the grounds for taking the proposed action;(c)the facts and circumstances forming the basis for the grounds;(d)if the proposed action is to amend the licence—the proposed amendment;(e)if the proposed action is to suspend the licence—the proposed suspension period;(f)that the pool safety inspector may, within a stated period (the show cause period), make submissions about why the proposed action should not be taken.
(3)The show cause period must end at least 20 business days after the pool safety inspector is given the show cause notice.(4)The proposed suspension period may be fixed by reference to the happening of a stated event.s 246BX ins 2010 No. 21s 10amd 2013 No. 5s 94 sch; 2014 No. 56s 68sch 1246BY Submissions about show cause notice(1)The pool safety inspector may, within the show cause period, make submissions to the QBCC commissioner about the show cause notice.(2)The commissioner must consider the submissions.s 246BY ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246BZ Decision on proposed action(1)After considering the submissions for the show cause notice, the QBCC commissioner must decide whether to take the proposed action.(2)If the proposed action is to cancel the pool safety inspector’s licence, the commissioner may instead decide to suspend it for a stated period.s 246BZ ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CRequirement to have sustainability declarations 246C ins 2009 No. 51 s 29om 2012 No. 8 s 6246CA Notice and taking effect of decision(1)If the QBCC commissioner decides not to take the proposed action, it must give the pool safety inspector notice of the decision.(2)If the commissioner decides to take the proposed action, it must give the pool safety inspector an information notice about the decision.Note—For reviews of the decision, see the QBCC Act, part 7, division 3.(3)A decision to take the proposed action takes effect when the information notice is given.(4)In this section—proposed action includes a decision under section 246BZ(2) to suspend the pool safety inspector’s licence for a stated period.s 246CA ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1Division 5General provisions about licencesdiv hdg ins 2010 No. 21s 10246CB Register of pool safety inspectors(1)The QBCC commissioner must keep a register of pool safety inspectors (the pool safety inspectors register).(2)The pool safety inspectors register may be kept in the way the commissioner considers appropriate, including, for example, in an electronic form.(3)The pool safety inspectors register must contain the following particulars for each pool safety inspector—(a)their name, licence number and business contact details;(b)the following information about their licence—(i)its day of issue and expiry;(ii)if conditions are imposed on the licence—the conditions;
(c)details of their eligibility for licensing as a pool safety inspector;(d)if, under section 246CY(1), the commissioner decides whether or not a ground for disciplinary action against the pool safety inspector is established—(i)details of the decision; and(ii)if the decision was that a ground for disciplinary action against the pool safety inspector is established—details of the further decision required under section 246CY(4);
(e)if the tribunal makes an order about the pool safety inspector—details of the order, other than any details identified in the order as details not to be included in the register.
(4)Particulars recorded under subsection (3)(d) must be removed from the pool safety inspectors register 5 years after they were recorded in the register.(5)Particulars recorded under subsection (3)(e) must be removed from the pool safety inspectors register at the end of the period during which the order states the details are to be included in the register.s 246CB ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CC Access to pool safety inspectors register(1)The QBCC commissioner must make the pool safety inspectors register available for inspection by anyone while QBCC’s head office is open for business.(2)The commissioner may make the pool safety inspectors register available for inspection on QBCC’s website.s 246CC ins 2010 No. 21s 10sub 2014 No. 56s 32246CD Surrendering licence(1)A pool safety inspector may surrender the pool safety inspector’s licence by notice to the QBCC commissioner.(2)The surrender takes effect—(a)on the day the notice is given to the commissioner; or(b)if a later day of effect is stated in the notice—on the later day.
(3)The pool safety inspector must, unless the pool safety inspector has a reasonable excuse, return the licence to the commissioner within 10 business days after the day the surrender takes effect.Maximum penalty for subsection (3)—10 penalty units.s 246CD ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CE Obtaining replacement licence(1)A pool safety inspector may apply to the QBCC commissioner in the approved form for the replacement of the pool safety inspector’s licence if it has been damaged, destroyed, lost or stolen.(2)If the commissioner is satisfied the licence has been damaged, destroyed, lost or stolen, the commissioner must—(a)replace it with another licence; and(b)on payment of the fee prescribed under a regulation, give the applicant the replacement licence.
s 246CE ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CF Obligation of pool safety inspector to give notice of change in particular circumstances(1)This section applies if a pool safety inspector—(a)changes address; or(b)holds, in another State or New Zealand, a licence (however called) that is the same, or substantially the same, as a licence under this part and the licence is cancelled or suspended; or(c)is, after the issuing of the pool safety inspector’s licence under this part, convicted of a relevant offence.
(2)The pool safety inspector must give the QBCC commissioner notice of the change, cancellation, suspension or conviction within 20 business days after it happened.Maximum penalty—(a)if the offence relates to subsection (1)(a)—1 penalty unit; or(b)if the offence relates to subsection (1)(b) or (c)—40 penalty units.
s 246CF ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1Division 6Miscellaneous provisionsdiv hdg ins 2010 No. 21s 10246CG Criteria for deciding suitability of applicants and licensees(1)This section applies if, under this part, the QBCC commissioner is considering whether an applicant for, or for the renewal of, a licence or a licence holder is a suitable person to hold a licence.(2)The commissioner must consider each of the following—(a)whether the applicant or holder has been convicted of a relevant offence;(b)whether the applicant or holder has previously been refused a licence, or has had a licence suspended or cancelled, under this Act or another relevant Act;(c)whether the applicant or holder has, under another relevant Act, been disqualified from holding a licence under that Act;(d)whether the demerit points prescribed under a regulation for this section have been accumulated by the applicant or holder;(e)dealings in which the applicant or holder has been involved and the standard of honesty and integrity demonstrated in the dealings;(f)whether the applicant or holder has the prescribed professional indemnity insurance;(g)any other relevant circumstance.
s 246CG ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CH QBCC commissioner may seek information from applicants about suitability and other matters(1)This section applies to an application for, or to renew or restore, a licence.(2)The QBCC commissioner may, by notice to the applicant, require the applicant to give it, within a stated reasonable period, documents or information the commissioner reasonably considers is needed—(a)to establish the applicant is a suitable person to hold a licence; or(b)to decide the application.
(3)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.s 246CH ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CI Refund of particular licence fees accompanying applicationsIf an application for, or to renew or restore, a licence is refused or withdrawn, the QBCC commissioner must refund the applicant the licence fee that accompanied the application.s 246CI ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CJReviews by tribunal of decisions under pt 6s 246CJ ins 2010 No. 21s 10om 2014 No. 56s 33Part 7Complaints, investigations and disciplinary proceedings relating to pool safety inspectorspt hdg ins 2010 No. 21s 10Division 1Complaintsdiv hdg ins 2010 No. 21s 10246CK Making a complaint against a pool safety inspector(1)A person may make a complaint to the QBCC commissioner about a pool safety inspector if the person believes there is a ground for disciplinary action against the pool safety inspector.(2)A complaint must—(a)be in writing; and(b)contain particulars of the allegations on which it is founded.
(3)The commissioner may require the complainant to give further particulars of the complaint if the commissioner reasonably considers the further particulars are necessary for investigating the complaint.(4)The commissioner may require a complaint or the further particulars to be verified by statutory declaration.(5)The commissioner may dismiss any complaint without taking further action under this division if—(a)the further particulars are not given; or(b)the complaint or further particulars are not verified by statutory declaration in compliance with subsection (4).
(6)The commissioner must not disclose to another person complaints against a pool safety inspector that have not been proved to the commissioner’s satisfaction.s 246CK ins 2010 No. 21s 10amd 2010 No. 35s 23; 2014 No. 56s 68sch 1246CL Pool safety inspector must be advised of complaint(1)After receiving the complaint, the QBCC commissioner must, by notice—(a)inform the pool safety inspector of the nature of the complaint; and(b)invite the pool safety inspector to make, within the time stated in the notice, representations to the commissioner about the complaint.
(2)The time stated in the notice must be at least 5 business days after the notice is given.(3)If the commissioner makes a decision about the complaint under section 246CY, the commissioner must have regard to the representations when making the decision.s 246CL ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CM QBCC commissioner may recommend mediation to resolve complaint(1)If the QBCC commissioner considers a complaint about a pool safety inspector is capable of resolution by mediation, the commissioner must give the complainant and the pool safety inspector a notice stating—(a)that the commissioner considers the complaint is capable of resolution by mediation; and(b)attendance at, and participation in, mediation is voluntary; and(c)that either party may withdraw from the mediation at any time; and(d)when the mediation ends; and(e)the effect of giving the commissioner a certificate about the mediation.
(2)The commissioner may recommend the complainant and the pool safety inspector enter into a process of mediation to resolve the complaint as soon as practicable and before the commissioner investigates the complaint.s 246CM ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CN Mediation process(1)If, at mediation, the parties agree to a resolution to the complaint, the agreement must be signed by, or for, each party and by the mediator (the mediation agreement).(2)Mediation ends on the earlier of the following—(a)if a party withdraws from mediation—the day the party withdraws;(b)if the parties agree the mediation has ended—the day the parties agree mediation has ended;(c)if there is a mediation agreement—the day the agreement is signed;(d)unless the QBCC commissioner extends the period and advises parties in writing of the extension—20 business days after notice is given under section 246CM.
(3)As soon as practicable after mediation has ended, the mediator must give the commissioner a certificate about the mediation in the approved form.(4)If the parties sign an agreement, the complaint is taken to be withdrawn.s 246CN ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CO Investigation of complaint(1)This section applies if—(a)the QBCC commissioner does not recommend the complainant and the pool safety inspector enter into mediation; or(b)the commissioner recommends the complainant and the pool safety inspector enter into mediation and the complaint is not resolved when the mediation ends.
(2)The commissioner must conduct an investigation into the complaint as soon as practicable.(3)The commissioner may deal with 1 or more complaints about a pool safety inspector in the same investigation.(4)If during an investigation the commissioner is satisfied there is a matter about which another complaint could have been made against the pool safety inspector, the commissioner may deal with the matter in its investigation as if a complaint had been made about the matter.s 246CO ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1Division 2Investigationsdiv hdg ins 2010 No. 21s 10246CP QBCC commissioner may require documents to be produced(1)For investigating a complaint or conducting an audit, the QBCC commissioner may, by notice given to a pool safety inspector, require the pool safety inspector to produce a document to the commissioner or a person authorised by the commissioner (an investigator).(2)The notice may also state—(a)a time and place by which the document must be produced; or(b)that the document must be verified by statutory declaration.
(3)The time for compliance stated in the notice must be a reasonable time.(4)The pool safety inspector must comply with the notice, unless the pool safety inspector has a reasonable excuse.Maximum penalty for subsection (4)—50 penalty units.s 246CP ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CQ Issue of identity card to investigator(1)The QBCC commissioner must issue an identity card to each investigator.(2)The identity card must—(a)contain a recent photo of the investigator; and(b)contain a copy of the investigator’s signature; and(c)identify the person as an approved investigator under this Act; and(d)state an expiry date for the card.
(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.s 246CQ ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CR Production or display of identity card(1)In exercising a power under this Act in relation to another person, an investigator must—(a)produce his or her identity card for the person’s inspection before exercising the power; or(b)have the identity card displayed so it is clearly visible to the person when exercising the power.
(2)However, if it is not practicable to comply with subsection (1), the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.s 246CR ins 2010 No. 21s 10246CSInspection of documentss 246CS ins 2010 No. 21s 10om 2012 No. 11s 12246CT Power to enter and inspect pool site relating to complaint or audit(1)For investigating a complaint or conducting an audit, an investigator may enter and inspect a pool site to which the complaint or audit relates.(2)The entry and inspection must be—(a)made with the consent of the person in control, or who appears to the investigator to be in control, of the pool site; or(b)authorised by warrant of a magistrate.
(3)For the purpose of asking the person in control of the pool site for consent to enter, the investigator may, without the person’s consent or a warrant, enter the pool site to the extent that is reasonable to contact the person.(4)An investigator may apply to a magistrate for a warrant under this section for a particular pool site.(5)The application must be sworn and state the grounds on which it is sought.(6)If the magistrate requires further information about the grounds on which the warrant is sought, the magistrate must not issue the warrant unless the investigator or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.(7)The magistrate may issue the warrant only if the magistrate is satisfied there is a proper reason for entering and inspecting the pool site.(8)The warrant must state—(a)that the investigator may, with necessary and reasonable help and force, enter and inspect the pool site; and(b)the hours of the day when entry may be made; and(c)the day that is not more than 14 days after the issue of the warrant on which the warrant ceases to have effect.
s 246CT ins 2010 No. 21s 10amd 2013 No. 5s 94 sch246CU Procedure before entry(1)This section applies if an investigator is, under section 246CT, intending to enter a pool site, other than to the extent mentioned in section 246CT(3).(2)Before entering the pool site, the investigator must do or make a reasonable attempt to do each of the following things—(a)identify himself or herself to a person present at the pool site who is an occupier of the pool site, in the way stated in section 246CR;(b)if the entry is being made under a warrant—give the person a copy of the warrant;(c)tell the person the investigator is, under section 246CT, permitted to enter the pool site;(d)give the person an opportunity to allow the investigator immediate entry to the pool site without using force.
(3)However, the investigator need not comply with subsection (2) if the investigator believes on reasonable grounds that complying with the subsection may frustrate or otherwise prevent the investigation of the complaint or the conduct of the audit.s 246CU ins 2010 No. 21s 10246CV Cooperating with investigation or audit(1)A pool safety inspector who is being investigated or audited by the QBCC commissioner must assist in and cooperate with the investigation or audit.(2)A ground for disciplinary action against the pool safety inspector is established if the pool safety inspector, without reasonable excuse—(a)fails to comply with subsection (1) or section 246CP; or(b)misleads or obstructs the commissioner in the exercise of any function under this division.
s 246CV ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CW False or misleading statements(1)A person must not, in relation to an investigation or audit under this part, state anything to the QBCC commissioner that the person knows is false or misleading in a material particular.Maximum penalty—165 penalty units.(2)In a proceeding for an offence against subsection (1), it is enough to state that the statement made was, without specifying which, false or misleading.s 246CW ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CX False or misleading documents(1)A person must not, in relation to an investigation or audit under this part, give the QBCC commissioner a document containing information the person knows is false or misleading in a material particular.Maximum penalty—165 penalty units.(2)Subsection (1) does not apply to a person if the person, when giving the document—(a)tells the commissioner, to the best of the person’s ability, how it is false or misleading; and(b)if the person has, or can reasonably obtain, the correct information—gives the correct information to the commissioner.
(3)In a proceeding for an offence against subsection (1), it is enough to state that the document was, without specifying which, false or misleading.s 246CX ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246CY Decision after investigation or audit completed(1)After investigating a complaint or conducting an audit, the QBCC commissioner must decide whether or not a ground for disciplinary action against the pool safety inspector is established.(2)The commissioner must give the pool safety inspector and the complainant (if any) an information notice about the decision taken under subsection (1).Note—For reviews of the decision, see the QBCC Act, part 7, division 3.(3)If the commissioner is aware that the pool safety inspector is employed by someone else to perform pool safety inspection functions, it must give the employer a copy of the notice.(4)If the commissioner decides a ground for disciplinary action against the pool safety inspector is established, the commissioner must decide to do 1 or more of the following—(a)reprimand the pool safety inspector;(b)impose the conditions it considers appropriate on the pool safety inspector’s licence;(c)direct the pool safety inspector to complete to the satisfaction of the commissioner the educational courses stated by the commissioner;(d)direct the pool safety inspector to report on his or her practice as a pool safety inspector at the times, in the way and to the persons stated by the commissioner;(e)require the pool safety inspector to refund some or all of a fee paid for an inspection of a regulated pool;(f)require the pool safety inspector to pay to the commissioner, within a reasonable stated period, a stated amount of not more than the equivalent of 60 penalty units;(g)suspend the pool safety inspector’s licence for a period of not more than 1 year;(h)if the commissioner is satisfied the pool safety inspector is generally competent and diligent—advise the pool safety inspector it does not intend to take any further action.
(5)However, if the commissioner is satisfied it would be reasonable in the circumstances to decide to do either of the following, the commissioner must apply to the tribunal to start a disciplinary proceeding against the pool safety inspector—(a)suspend the pool safety inspector’s licence for more than 1 year;(b)cancel the pool safety inspector’s licence.
(6)The commissioner must—(a)give an information notice about its decision under subsection (4) to the pool safety inspector; andNote—For reviews of the decision, see the QBCC Act, part 7, division 3.(b)if the decision is made after investigating a complaint—give the complainant a copy of the notice.
(7)Subsection (4) does not prevent the commissioner—(a)taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct that may result in a disciplinary proceeding against the pool safety inspector; or(b)starting a proceeding to prosecute the pool safety inspector for an offence against this Act.
s 246CY ins 2010 No. 21s 10amd 2012 No. 3s 16; 2014 No. 56s 68sch 1246CZReview of PSC’s decisions 246CZ ins 2010 No. 21s 10om 2014 No. 56s 33ADivision 3Disciplinary proceedingsdiv hdg ins 2010 No. 21s 10246DAmending or replacing sustainability declarations 246D ins 2009 No. 51 s 29om 2012 No. 8 s 6246DA Tribunal may conduct disciplinary proceeding(1)The tribunal may, on application by the QBCC commissioner, conduct a disciplinary proceeding to decide whether a ground for taking disciplinary action against a pool safety inspector is established.(2)An application under subsection (1) must be made as provided under the QCAT Act.s 246DA ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246DB Constitution of tribunal for disciplinary proceeding(1)For a proceeding under section 246DA, if the president of the tribunal under the QCAT Act considers it appropriate, the president may choose the following persons to constitute the tribunal—(a)1 legally qualified member under the QCAT Act;(b)1 senior member or ordinary member who has special knowledge of pool safety inspection functions and the administration of this Act;(c)1 other senior member or ordinary member.
(2)In this section—ordinary member means an ordinary member under the QCAT Act.senior member means a senior member under the QCAT Act.s 246DB ins 2010 No. 21s 10246DC Orders relating to current pool safety inspector(1)This section applies if the tribunal decides a ground for disciplinary action against a pool safety inspector who is licensed at the time of the decision is established.(2)The tribunal may make an order—(a)reprimanding the pool safety inspector; or(b)imposing conditions it considers appropriate on the pool safety inspector’s licence; or(c)directing the pool safety inspector to complete the educational courses stated in the order; or(d)directing the pool safety inspector to report on his or her practice as a pool safety inspector at the times, in the way and to the persons stated in the order; or(e)requiring the pool safety inspector to refund some or all of a fee paid for an inspection of a regulated pool; or(f)directing the pool safety inspector to pay to the QBCC commissioner a stated amount of not more than the equivalent of 160 penalty units; or(g)suspending the pool safety inspector’s licence for the period the tribunal considers appropriate; or(h)cancelling the pool safety inspector’s licence; or(i)disqualifying, indefinitely or for a stated period, the pool safety inspector from obtaining a licence as a pool safety inspector from the commissioner.
(3)The tribunal may make any other order it considers appropriate.s 246DC ins 2010 No. 21s 10amd 2012 No. 3s 132 sch; 2014 No. 56s 68sch 1246DD Orders relating to former pool safety inspector(1)This section applies if the tribunal decides a ground for disciplinary action against a former pool safety inspector is established.(2)The tribunal may make an order that the former pool safety inspector must—(a)pay to the QBCC commissioner a stated amount of not more than the equivalent of 160 penalty units; or(b)not be licensed or re-licensed by the commissioner for the period stated in the order; or(c)never be licensed or re-licensed by the commissioner.
(3)The tribunal may make any other order it considers appropriate.s 246DD ins 2010 No. 21s 10amd 2014 No. 56s 68sch 1246DE Consequences of failure to comply with tribunal’s orders and directionsThe tribunal may, in a disciplinary proceeding against a pool safety inspector, order that the pool safety inspector’s licence be suspended or cancelled if the pool safety inspector fails to comply with an order or direction of the tribunal within the period allowed by the tribunal.s 246DE ins 2010 No. 21s 10246DF Recording details of ordersAn order may state—(a)the period in which the details of the order are to be included in the pool safety inspectors register for the person; and(b)the details of the order, if any, that the tribunal decides are not to be included in the register.
s 246DF ins 2010 No. 21s 10Part 8Approval of training courses for pool safety inspectorspt hdg ins 2010 No. 21s 10sub 2012 No. 11s 13pt 8 div 1 hdg ins 2010 No. 21 s 10om 2012 No. 11 s 13pt 8 div 2 hdg ins 2010 No. 21 s 10om 2012 No. 11 s 13pt 8 div 3 hdg ins 2010 No. 21 s 10om 2012 No. 11 s 13pt 8 div 4 hdg ins 2010 No. 21 s 10om 2012 No. 11 s 13pt 8 div 5 hdg ins 2010 No. 21 s 10om 2012 No. 11 s 13pt 8 div 6 hdg ins 2010 No. 21 s 10om 2012 No. 11 s 13pt 8 div 7 hdg ins 2010 No. 21 s 10om 2012 No. 11 s 13pt 8 div 8 hdg ins 2010 No. 21 s 10om 2012 No. 11 s 13pt 8 div 9 hdg ins 2010 No. 21 s 10om 2012 No. 11 s 13246DG QBCC commissioner may approve course for pool safety inspectors(1)The QBCC commissioner may approve a course to enable an individual who is not a building certifier to apply for a licence under part 6.(2)The commissioner may publish a description of the course on QBCC’s website.s 246DG ins 2010 No. 21s 10sub 2012 No. 11s 13amd 2014 No. 56s 68sch 1246DHApplication to conduct training courses 246DH ins 2010 No. 21s 10om 2012 No. 11s 13246DIDecision on application and steps after making decisions 246DI ins 2010 No. 21s 10amd 2010 No. 35s 24om 2012 No. 11s 13246DJDuration of approvals 246DJ ins 2010 No. 21s 10om 2012 No. 11s 13246DKApplying for renewals 246DK ins 2010 No. 21 s 10om 2012 No. 11 s 13246DLDecision on application and steps after making decisions 246DL ins 2010 No. 21 s 10om 2012 No. 11 s 13246DMCancellation or amendment of approvals 246DM ins 2010 No. 21 s 10om 2012 No. 11 s 13246DNShow cause notices 246DN ins 2010 No. 21 s 10om 2012 No. 11 s 13246DOSubmissions about show cause notices 246DO ins 2010 No. 21 s 10om 2012 No. 11 s 13246DPDecision, notice and taking effect of decisions 246DP ins 2010 No. 21 s 10om 2012 No. 11 s 13246DQDefinition for div 6s 246DQ ins 2010 No. 21 s 10om 2012 No. 11 s 13246DRCompliance audit of eligible course providers 246DR ins 2010 No. 21 s 10om 2012 No. 11 s 13246DSPSC may require documents to be produceds 246DS ins 2010 No. 21 s 10om 2012 No. 11 s 13246DTReviews by tribunal of decisions under pt 8s 246DT ins 2010 No. 21 s 10om 2012 No. 11 s 13246DUAssessors to help tribunals 246DU ins 2010 No. 21 s 10om 2012 No. 11 s 13246DVFunction and powers of assessorss 246DV ins 2010 No. 21 s 10om 2012 No. 11 s 13246DWAppointment of assessorss 246DW ins 2010 No. 21 s 10om 2012 No. 11 s 13246DXDisqualification from appointment as assessors 246DX ins 2010 No. 21 s 10om 2012 No. 11 s 13246DYTribunal may have regard to assessor’s views 246DY ins 2010 No. 21 s 10om 2012 No. 11 s 13246DZFalsely claiming to be eligible course providers 246DZ ins 2010 No. 21 s 10om 2012 No. 11 s 13Part 9Role of QBCC—pool safetypt hdg ins 2010 No. 21s 10sub 2014 No. 56s 34Division 1QBCC’s functionsdiv hdg ins 2010 No. 21s 10sub 2014 No. 56s 34246EPool safety functions performed by QBC boardThe functions of the QBC board for pool safety include—(a)reporting to the Minister on—(i)any issue relating to pool safety referred to it by the Minister; or
(ii)any issue relating to pool safety the board considers the Minister should know about; and
(b)performing other functions relating to pool safety given to the board under this Act.
s 246E prev s 246E ins 2009 No. 51 s 29om 2012 No. 8 s 6pres s 246E ins 2014 No. 56 s 34246EAFalsely claiming to be conducting approved training courses 246EA ins 2010 No. 21 s 10om 2012 No. 11 s 13246EBOffences about issuing certificates of competencys 246EB ins 2010 No. 21 s 10om 2012 No. 11 s 13246ECTraining course guideliness 246EC ins 2010 No. 21 s 10om 2012 No. 11 s 13246EDPSC may seek information from applicants and holders of approvals about suitability and other matterss 246ED ins 2010 No. 21 s 10om 2012 No. 11 s 13246EERefund of particular approval fees accompanying applicationss 246EE ins 2010 No. 21 s 10om 2012 No. 11 s 13246EFEstablishment of PSCs 246EF ins 2010 No. 21 s 10om 2014 No. 56 s 34246EGLegal statuss 246EG ins 2010 No. 21 s 10om 2014 No. 56 s 34246EHFunctions of PSCs 246EH ins 2010 No. 21 s 10amd 2012 No. 11 s 14; 2013 No. 5 s 94 schom 2014 No. 56 s 34246EIPowers of PSCs 246EI ins 2010 No. 21 s 10om 2014 No. 56 s 34246EJDelegation by PSCs 246EJ ins 2010 No. 21 s 10amd 2012 No. 11 s 15om 2014 No. 56 s 34246EKMemberss 246EK ins 2010 No. 21 s 10amd 2011 No. 27 s 238om 2014 No. 56 s 34246ELAppointment of deputy memberss 246EL ins 2010 No. 21 s 10amd 2011 No. 27 s 239om 2014 No. 56 s 34246EMChairperson and deputy chairperson of PSCs 246EM ins 2010 No. 21 s 10om 2014 No. 56 s 34246ENConditions of appointment to PSCs 246EN ins 2010 No. 21 s 10om 2014 No. 56 s 34246EODisqualification from memberships 246EO ins 2010 No. 21 s 10om 2014 No. 56 s 34246EPCriteria for deciding suitability of members 246EP ins 2010 No. 21 s 10amd 2012 No. 3 s 132 schom 2014 No. 56 s 34246EQWhen appointed member’s office becomes vacants 246EQ ins 2010 No. 21 s 10om 2014 No. 56 s 34246ERLeave of absences 246ER ins 2010 No. 21 s 10amd 2013 No. 5 s 94 schom 2014 No. 56 s 34246ESDisclosure of interestss 246ES ins 2010 No. 21 s 10om 2014 No. 56 s 34246ETProtection of members from civil liabilitys 246ET ins 2010 No. 21 s 10om 2014 No. 56 s 34246EUConduct of businesss 246EU ins 2010 No. 21 s 10om 2014 No. 56 s 34246EVTimes and places of meetingss 246EV ins 2010 No. 21 s 10om 2014 No. 56 s 34246EWQuorums 246EW ins 2010 No. 21 s 10om 2014 No. 56 s 34246EXPresiding at meetingss 246EX ins 2010 No. 21 s 10amd 2011 No. 27 s 240om 2014 No. 56 s 34246EYConduct of meetingss 246EY ins 2010 No. 21 s 10om 2014 No. 56 s 34246EZMinutess 246EZ ins 2010 No. 21 s 10om 2014 No. 56 s 34246FPool safety functions performed by QBCC commissionerThe functions of the QBCC commissioner for pool safety include the following—(a)under part 6, licensing individuals as pool safety inspectors;(b)under part 7, carrying out audits of pool safety inspectors, including their performance of pool safety inspection functions;(c)under part 7, investigating written complaints made to the commissioner about pool safety inspectors or former pool safety inspectors and deciding whether grounds for disciplinary action against the inspector are established;(d)taking disciplinary action against pool safety inspectors or former pool safety inspectors if grounds for disciplinary action against the inspectors are established;(e)giving the QBC board, at least annually, a list of pool safety inspectors and a summary of disciplinary action taken against pool safety inspectors;(f)under part 6, division 5, keeping a register of pool safety inspectors;(g)approving training courses under section 246DG for individuals proposing to become pool safety inspectors;(h)making available for purchase by pool safety inspectors identification numbers for pool safety certificates;(i)administering the fund;(j)performing any other functions relating to pool safety given to the commissioner under this Act.
NoteFor powers of the QBCC commissioner, see the QBCC Act, section 20J(3).s 246F prev s 246F ins 2009 No. 51 s 29om 2012 No. 8 s 6pres s 246F ins 2014 No. 56 s 34246FAOfficers, employees and agentss 246FA ins 2010 No. 21 s 10om 2014 No. 56 s 34246FBEstablishment of funds 246FB ins 2010 No. 21 s 10om 2014 No. 56 s 34246FCPurpose and administration of funds 246FC ins 2010 No. 21 s 10om 2014 No. 56 s 34246FDPayments from fundss 246FD ins 2010 No. 21 s 10om 2014 No. 56 s 34246FECriminal history checkss 246FE ins 2010 No. 21s 10om 2014 No. 56s 34246FFDisclosure of changes in criminal historys 246FF ins 2010 No. 21s 10om 2014 No. 56s 34246FGMinisterial directions to PSCs 246FG ins 2010 No. 21s 10om 2014 No. 56s 34246FHDelegation by registrars 246FH ins 2010 No. 21s 10om 2014 No. 56s 34246FIAuthentication of documentss 246FI ins 2010 No. 21s 10om 2014 No. 56s 34246FJAnnual reports 246FJ ins 2010 No. 21s 10om 2014 No. 56s 34246FKPrivacys 246FK ins 2010 No. 35s 26om 2014 No. 56s 34Division 2Pool Safety Funddiv 2 hdg ins 2010 No. 21s 10sub 2014 No. 56s 34246GFund establishedThe Pool Safety Fund (the fund) is established.s 246G prev s 246G ins 2009 No. 51 s 29om 2012 No. 8 s 6pres s 246G ins 2014 No. 56 s 34246HPurpose of fundThe purpose of the fund is to provide funding to achieve the purposes of this chapter.s 246H prev s 246H ins 2009 No. 51 s 29om 2012 No. 8 s 6pres s 246H ins 2014 No. 56 s 34246IPayment of amounts into fundThe following amounts must be paid into the fund—(a)fees paid to the QBCC commissioner under this chapter;(b)amounts payable under section 246CY, 246DC or 246DD;(c)penalties paid to the commissioner under section 256(6) or (7);(d)other amounts paid to the commissioner under this chapter.
s 246I prev s 246I ins 2009 No. 51 s 29om 2012 No. 8 s 6pres s 246I ins 2014 No. 56 s 34246JPayments from fundThe QBCC commissioner may make payments from the fund only for—(a)paying expenses incurred by the commissioner under this chapter; or(b)making other payments required or permitted by this chapter to be paid out of the fund.
s 246J prev s 246J ins 2009 No. 51 s 29om 2012 No. 8 s 6pres s 246J ins 2014 No. 56 s 34Division 3Meetings and other business of PSCdiv hdg ins 2010 No. 21s 10om 2014 No. 56s 34Division 4Staff of PSCdiv hdg ins 2010 No. 21 s 10om 2014 No. 56 s 34Division 5Pool Safety Funddiv hdg ins 2010 No. 21 s 10om 2014 No. 56 s 34Division 6Miscellaneous provisionsdiv hdg ins 2010 No. 21s 10om 2014 No. 56s 34Chapter 8AProvisions to support sustainable housingch hdg ins 2009 No. 51s 29amd 2012 No. 8s 5Part 1SUSTAINABILITY DECLARATIONS FOR SALE OF CLASS 1a AND 2 BUILDINGSpt hdg ins 2009 No. 51 s 29om 2012 No. 8 s 6Division 1Preliminarydiv hdg ins 2009 No. 51 s 29om 2012 No. 8 s 6Division 2Preparing, amending and replacing sustainability declarationsdiv hdg ins 2009 No. 51 s 29om 2012 No. 8 s 6Division 3Requirements about advertising sale, and inspection, of buildingsdiv hdg ins 2009 No. 51 s 29om 2012 No. 8 s 6Division 4Other mattersdiv hdg ins 2009 No. 51 s 29om 2012 No. 8 s 6246KBreach of obligation does not generally give rise to right or remedys 246K ins 2009 No. 51 s 29om 2012 No. 8 s 6Part 2Provisions to support sustainable housingpt hdg ins 2009 No. 51s 29Division 1Preliminarydiv hdg ins 2009 No. 51s 29246L Purpose of pt 2The purpose of this part is to regulate the effect of particular instruments on stated activities or measures likely to support sustainable housing.s 246L ins 2009 No. 51s 29246M Definitions for pt 2In this part—bathroom includes an ensuite.energy efficient, in relation to a window in a prescribed building, means the window reduces heat conduction and solar radiation passing through the window.Examples—tinted glass windows, double-glazed windows and triple-glazed windowsprescribed building means—(a)a class 1a or 2 building; or(b)an enclosed class 10a building attached to a class 1a or 2 building.
relevant instrument means any of the following—(a)a sublease or sub-sublease of a lease held under the Land Act 1994;(b)a building management statement under the Land Act 1994 or Land Title Act 1994;(c)a community management statement for a community titles scheme under the Body Corporate and Community Management Act 1997, including by-laws in the statement and the provisions of any architectural and landscape code adopted under the statement;(d)a by-law in force for a building units plan or group titles plan under the Building Units and Group Titles Act 1980;(e)a management statement under the South Bank Corporation Act 1989, including by-laws in the statement;(f)a development approval under the South Bank Corporation Act 1989;(g)a development control by-law in force for an approved scheme under the Integrated Resort Development Act 1987;(h)a management statement under the Mixed Use Development Act 1993;(i)development control by-laws, activities by-laws and property by-laws in effect, and made by a community body corporate or precinct body corporate, under the Mixed Use Development Act 1993;(j)a development control by-law or residential zone activities by-law in force, and made by the principal body corporate, under the Sanctuary Cove Resort Act 1985;(k)a contract or other agreement, entered into in relation to a prescribed building, a provision of which includes a prohibition, requirement or restriction mentioned in division 2 that operates to the benefit of, or is enforceable by, a person other than the owner or occupier of the building.
solar hot water system includes any part of a water heating system designed to heat water using light or heat from the sun.treat, in relation to a window in a prescribed building, means apply a colour tint or other substance to the window to reduce solar radiation passing through the window.s 246M ins 2009 No. 51s 29246N Application of pt 2(1)This part applies to a relevant instrument—(a)even if it were made or entered into before 1 January 2010; and(b)despite any provision of an Act mentioned in section 246M, definition relevant instrument.
(2)To remove any doubt, it is declared that this part applies to a relevant instrument even if it is registered or recorded under the Land Act 1994 or Land Title Act 1994.(3)However, despite subsection (1)(a), this part does not apply in relation to a prescribed matter that, on 1 January 2010, is included in—(a)a relevant instrument that is a contract or other agreement mentioned in section 246M, definition relevant instrument, paragraph (k) and entered into before 1 January 2010; or(b)another relevant instrument made or entered into before 1 January 2010 that is in force or effect for a lot within the meaning of the Land Title Act 1994.
(4)In this section—prescribed matter means a prohibition, requirement or restriction mentioned in section 246O(1)(a) to (c), 246P(1) or 246R(1).s 246N ins 2009 No. 51s 29amd 2010 No. 21s 3 schDivision 2Limiting effect of prohibitions etc. for particular sustainable housing measuresdiv hdg ins 2009 No. 51s 29246O Prohibitions or requirements that have no force or effect(1)This section applies to a relevant instrument that, but for this section, would have the effect of—(a)prohibiting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or(b)prohibiting—(i)the use in a prescribed building of a window that is energy efficient; or(ii)the treatment of a window in a prescribed building to ensure the window is energy efficient; or
(c)requiring—(i)a minimum floor area for a class 1a building, but not a minimum frontage unless the requiring of a minimum frontage has the effect of construction of a less energy efficient building; or(ii)a minimum number of bathrooms or bedrooms for a class 1a building; or(iii)a class 1a building or an enclosed class 10a building attached to a class 1a building to be orientated on a parcel of land in a particular way, if orientating the building in the particular way would have the effect of construction of a less energy efficient building; or
(d)prohibiting the installation of a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building.
(2)For a prohibition or requirement mentioned in subsection (1)(a) to (c), the relevant instrument has no force or effect to the extent of the prohibition or requirement.(3)For a prohibition mentioned in subsection (1)(d), the relevant instrument has no force or effect to the extent the prohibition applies merely to enhance or preserve the external appearance of the building.Example of prohibition applying for other than a purpose mentioned in subsection (3)—The installation of a solar hot water system with a roof storage tank on a roof might be prohibited because an engineering report shows the system would be too heavy for the roof.s 246O ins 2009 No. 51s 29amd 2010 No. 21s 11246P Restrictions that have no force or effect—roof colours and windows(1)This section applies to a relevant instrument that, but for this section, would have the effect of—(a)restricting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or(b)restricting—(i)the use in a prescribed building of a window that is energy efficient; or(ii)the treatment of a window in a prescribed building to ensure the window is energy efficient.
(2)For a restriction mentioned in subsection (1), the relevant instrument has no force or effect to the extent the restriction prevents a person—(a)using a colour for the roof of the building to achieve a solar absorptance value for the upper surface of the roof of not more than 0.55, if use of the colour—(i)minimises potential adverse effects on the external appearance of the building; and(ii)does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building; or
(b)using in a prescribed building a window that is energy efficient or treating a window in a prescribed building to ensure the window is energy efficient, if the type of window to be used or the treatment—(i)minimises potential adverse effects on the external appearance of the building; and(ii)does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building.
s 246P ins 2009 No. 51s 29246Q Restrictions that have no force or effect—other restrictions(1)This section applies to a relevant instrument that, but for this section, would have the effect of restricting the location on the roof or other external surface of a prescribed building where a solar hot water system or photovoltaic cells may be installed.(2)For a restriction mentioned in subsection (1), the relevant instrument has no force or effect to the extent the restriction—(a)applies merely to enhance or preserve the external appearance of the building; and(b)prevents a person from installing a solar hot water system or photovoltaic cells on the roof or other external surface of the building.
Example of restriction applying for other than a purpose mentioned in subsection (2)—The installation of a solar hot water system at a particular location on a roof may be restricted to maximise available space for the installation of other hot water systems or to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building.s 246Q ins 2009 No. 51s 29amd 2010 No. 21s 12246R When requirement to obtain consent for particular activities can not be withheld—roof colours and windows(1)This section applies if, under a relevant instrument, the consent of an entity is required to—(a)use a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building; or(b)use in a prescribed building a window that is energy efficient or treat a window in a prescribed building to ensure the window is energy efficient.
(2)The entity can not withhold consent for an activity mentioned in subsection (1)(a) if use of the colour—(a)achieves a solar absorptance value for the upper surface of the roof of not more than 0.55; and(b)minimises potential adverse effects on the external appearance of the building; and(c)does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building.
(3)The entity can not withhold consent for an activity mentioned in subsection (1)(b) if the type of window to be used or the treatment—(a)minimises potential adverse effects on the external appearance of the building; and(b)does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building.
(4)A requirement under this section to not withhold consent—(a)is taken to be a requirement under the relevant instrument; and(b)applies to the relevant instrument despite any other provision of the instrument.
s 246R ins 2009 No. 51s 29246S When requirement to obtain consent for particular activities can not be withheld—other matters(1)This section applies if, under a relevant instrument, the consent of an entity is required to install a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building.(2)The entity can not withhold consent for an activity mentioned in subsection (1) merely to enhance or preserve the external appearance of the building, if withholding the consent prevents a person from installing a solar hot water system or photovoltaic cells on the roof or other external surface of the building.(3)A requirement under this section to not withhold consent—(a)is taken to be a requirement under the relevant instrument; and(b)applies to the relevant instrument despite any other provision of the instrument.
s 246S ins 2009 No. 51s 29amd 2010 No. 21s 13Division 3Miscellaneous provisionsdiv 3 (ss 246T–246U) ins 2009 No. 51 s 29246T Particular limitation on operation of pt 2(1)This section applies if, under this part and in relation to the installation of a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building—(a)a provision of a relevant instrument has no force or effect; or(b)an entity can not withhold consent for the installation.
(2)The operation of this part does not give rise to any entitlement to install a solar hot water system or photovoltaic cells on the roof or other external surface of the building in a way that unreasonably prevents or interferes with a person’s use and enjoyment of any part of the building.div 3 (ss 246T–246U) ins 2009 No. 51 s 29246U No compensation payableTo remove any doubt, it is declared that no compensation is payable by the State or another person for any loss or expense arising out of the operation of this part or its effect on a relevant instrument.div 3 (ss 246T–246U) ins 2009 No. 51 s 29Chapter 8BTransport noise corridorsch hdg ins 2009 No. 51s 29Part 1Preliminarypt hdg ins 2009 No. 51s 29246V Purpose of ch 8BThe purpose of this chapter is to provide for the designation of land as a transport noise corridor for building assessment provisions expressed to apply specifically for the reduction of noise in class 1, 2, 3 or 4 buildings.s 246V ins 2009 No. 51s 29246W Definitions for ch 8BIn this chapter—railway land means rail corridor land, commercial corridor land or future railway land under the Transport Infrastructure Act, schedule 6.road means—(a)for a road under the control of a local government—any part of the surface of the road on which motor vehicles ordinarily travel; or(b)a local government franchised road within the meaning of the Transport Infrastructure Act.
State-controlled road means—(a)a road or land, or part of a road or land, declared under the Transport Infrastructure Act, section 24 to be a State-controlled road; or(b)a franchised road within the meaning of the Transport Infrastructure Act.
transport chief executive means the chief executive of the department in which the Transport Infrastructure Act is administered.Transport Infrastructure Act means the Transport Infrastructure Act 1994.transport noise corridor means land designated under this chapter as a transport noise corridor.s 246W ins 2009 No. 51s 29amd 2011 No. 12s 7Part 2Designation by local governmentspt 2 (ss 246X–246Y) ins 2009 No. 51 s 29246X Designation of transport noise corridor—local governments(1)A local government may, by gazette notice, designate land as a transport noise corridor.(2)A local government may designate land under subsection (1) only if—(a)the land is within—(i)100m of a road under its control; or(ii)a distance of more than 100m but not more than 200m of a road under its control, if the noise level caused by traffic on the road at the distance has been measured, in a way approved by the chief executive, to be at least 58db(A); and
(b)the road has an AADT of at least 3,000 vehicles.
(3)At least 20 business days before acting under subsection (1), the local government must give the chief executive written notice about the proposed designation.(4)The notice must—(a)identify the land that is proposed to be designated; and(b)include information reasonably required by the chief executive about the likely levels of noise within the proposed transport noise corridor caused by traffic on the road for which the designation is proposed; and(c)state the proposed gazettal day for the designation.
(5)The information mentioned in subsection (4)(b) must be given in the form required by the chief executive.(6)If the local government designates land under this section, the land must be—(a)identified specifically in the gazette notice; or(b)identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for inspection at an office of the local government mentioned in the gazette notice.
(7)In this section—AADT, for a road, means its annual average daily traffic rate worked out by using the following formula—![]()
where—AADT is the annual average daily traffic rate.V is the total volume of vehicular traffic for the road in a year, worked out under a relevant guideline for measuring traffic volume published by Austroads.pt 2 (ss 246X–246Y) ins 2009 No. 51 s 29246Y Notification about designation of transport noise corridor(1)As soon as practicable after designating land as a transport noise corridor, the local government must—(a)give notice of the designation to the chief executive; and(b)include a record of the transport noise corridor in its planning scheme.
(2)The record must—(a)identify the land that is within the transport noise corridor; and(b)include details about the levels of noise within the corridor caused by traffic on the road for which it is designated; and(c)state that interested persons may obtain details about the transport noise corridor and the levels of noise from the local government.
(3)Information required to be included in the record must be included in a way that readily allows an applicant for a building development approval to identify whether land the subject of the approval is within a transport noise corridor.pt 2 (ss 246X–246Y) ins 2009 No. 51 s 29Part 3Designation by transport chief executivept hdg ins 2009 No. 51s 29246Z Designation of transport noise corridor—transport chief executive(1)The transport chief executive may, by gazette notice, designate land as a transport noise corridor.(2)The transport chief executive may designate land under subsection (1) only if the land is within—(a)100m of railway land or a State-controlled road; or(b)a distance of more than 100m but not more than 250m of railway land or a State-controlled road, if the noise level caused by—(i)rolling stock operating on the railway land at the distance has been measured, in a way approved by the chief executive, to be at least 70db(A); or(ii)traffic on the State-controlled road at the distance has been measured, in a way approved by the chief executive, to be at least 58db(A).
(3)If the transport chief executive designates land under this section, the land must be—(a)identified specifically in the gazette notice; or(b)identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for inspection at an office of the department mentioned in the gazette notice.
s 246Z ins 2009 No. 51s 29amd 2011 No. 12s 8246ZA Notification about designation of transport noise corridor(1)As soon as practicable after designating land as a transport noise corridor, the transport chief executive must give notice of the designation to—(a)the chief executive of the department in which this Act is administered; and(b)the local government in whose area the transport noise corridor is situated.
(2)The notice must include information about the levels of noise within the corridor caused by rolling stock or traffic on the railway land or State-controlled road for which it is designated.(3)As soon as practicable after receiving the notice, the local government must include a record of the transport noise corridor in its planning scheme.(4)The record must—(a)identify the land that is within the transport noise corridor; and(b)include details about the levels of noise within the corridor caused by rolling stock or traffic on the railway land or State-controlled road for which it is designated; and(c)state that interested persons may obtain details about the transport noise corridor and the levels of noise from the local government.
(5)Information required to be included in the record must be included in a way that readily allows an applicant for a building development approval to identify whether land the subject of the approval is within a transport noise corridor.s 246ZA ins 2009 No. 51s 29Chapter 9Show cause and enforcement noticesNote—For who may decide whether enforcement action ought to be taken for a building development approval, see sections 10 and 48 and the Planning Act, chapter 5, part 3.ch hdg ins 2006 No. 36s 33amd 2009 No. 36s 872sch 2ch 9 note amd 2016 No. 27 s 107247Show cause notices(1)A notice (a show cause notice) inviting a person to show cause why an enforcement or revocation notice should not be given to the person must—(a)be in writing; and(b)outline the facts and circumstances forming the basis for the belief that an enforcement or revocation notice should be given to the person; and(c)state that representations may be made about the show cause notice; and(d)state how the representations may be made; and(e)state where the representations may be made or sent; and(f)state—(i)a day and time for making the representations; or(ii)a period within which the representations must be made.
(2)The day or period stated in the notice must be, or must end, at least 20 business days after the notice is given.s 247 ins 1998 No. 13s 15amd 2000 No. 4s 12248Enforcement notices(1)A local government may give a notice (an enforcement notice) to the owner of a building, structure or building work if the local government reasonably believes the building, structure or building work—(a)was built before the commencement of this section without, or not in accordance with, the approval of the local government; or(b)is dangerous; or(c)is in a dilapidated condition; or(d)is unfit for use or occupation; or(e)is filthy, infected with disease or infested with vermin.
(2)A local government may also give an enforcement notice to a person who does not comply with a particular matter in this Act.(3)However, before a local government gives a person an enforcement notice, the local government must give the person a show cause notice.(4)Subsection (3) applies only if the matter, about which the local government is proposing to give the enforcement notice, is not of a dangerous or minor nature.(5)An enforcement notice given under this section is taken to be an enforcement notice given under the Planning Act, section 168.s 248 amd 1984 No. 45s 29; 1991 No. 52s 2.67; 1993 No. 70s 804 sch; 1998 No. 31s 61sub 1998 No. 13s 15amd 1998 No. 31s 61; 2000 No. 4s 13; 2006 No. 36s 34; 2008 No. 13s 2 sch; 2009 No. 36s 872sch 2; 2016 No. 27 s 108249Specific requirements of enforcement notices(1)Without limiting specific requirements an enforcement notice may impose, an enforcement notice may require a person to do any of the following—(a)to apply for a development permit;(b)to do, or not to do, another act to ensure building work complies with the approval of the local government given before the commencement of this section;(c)to repair or rectify the building or structure;(d)to secure the building or structure (whether by a system of supports or in another way);(e)to fence off the building or structure to protect persons;(f)to cleanse, purify and disinfect the building or structure;(g)to demolish or remove the building or structure;(h)to comply with this Act for a particular matter.
(2)However, a person may be required to demolish or remove the building or structure only if the local government reasonably believes it is not possible and practical to take steps to comply with subsection (1)(c) to (f).s 249 amd 1984 No. 45s 30; 1991 No. 52s 2.68; 1993 No. 70s 804 schsub 1998 No. 13s 15amd 2006 No. 36s 35250Appeals against enforcement notices(1)A person who is given an enforcement notice under section 248 may appeal to a development tribunal as if the appeal were an appeal under the Planning Act.(2)The appeal must be started within—(a)if the notice is given in relation to a dangerous building or structure—5 business days; or(b)if the notice is given for any other purpose—20 business days after the enforcement notice is given to the person.
s 250 amd 1984 No. 45s 31; 1991 No. 52s 2.69; 1993 No. 70s 804 schsub 1998 No. 13s 15amd 2000 No. 4s 14; 2005 No. 14s 2 sch; 2006 No. 36s 36; 2009 No. 36s 872sch 2; 2016 No. 27 s 109251Register of notices given(1)Each local government must keep the register maintained under this section before the commencement of the Building and Integrated Planning Amendment Act 1998.(2)A local government may remove from the register all entries and details relating to a notice when the requirements of the notice have been complied with.s 251 amd 1978 No. 47s 19; 1991 No. 52s 2.72sub 1998 No. 13s 16amd 2006 No. 36s 37252Action local government may take if enforcement notice not complied withIf an enforcement notice is given under section 248(1)(b) to (e) or (2) to an owner and the owner fails to perform the work required to be performed under the notice, the failure is taken to be a failure to take action under the Local Government Act 2009, section 142 or the City of Brisbane Act 2010, section 132.s 252 sub 1998 No. 13s 18amd 2000 No. 4s 94 sch; 2009 No. 17s 331sch 1; 2013 No. 5s 94 sch253Removal of persons in buildings to be demolished(1)This section applies if it is necessary or desirable to remove any person from a building or other structure that is to be wholly or partly demolished by a local government under this Act.(2)For the purpose of removing any person from a building or other structure referred to in subsection (1)—(a)any officer of the local government concerned who is authorised in writing in that behalf by the chief executive officer of the local government may, without other authority than this Act, enter upon such building or other structure and all parts of the building or structure and upon the land on which it stands; and(b)any officer may remove from such building or other structure all persons found in the building or structure, using such force as is reasonably necessary for the purpose.
(3)An officer of a local government mentioned in subsection (2) is a public official for the Police Powers and Responsibilities Act 2000.s 253 amd 1993 No. 70s 804 sch; 2000 No. 5s 461sch 3Chapter 10General provisionsch hdg (prev pt 6 hdg) amd 2006 No. 36s 49254Approved formsThe chief executive or the QBCC commissioner may approve forms for use under this Act.s 254 sub 1978 No. 47s 22amd 1991 No. 52s 2.78; 1993 No. 70s 804 schsub 1998 No. 13s 20amd 2014 No. 56s 35255Information to be given by the State(1)Subsection (2) applies to building work that, under a regulation under the Planning Act, is accepted development if carried out by or on behalf of the State or a public sector entity.(2)If the building work is carried out by or on behalf of the State or a public sector entity, the State must give to the local government the information prescribed under a regulation.s 255 sub 1991 No. 52s 2.80; 1993 No. 70s 804 sch; 1998 No. 13s 20amd 1998 No. 31s 65; 2006 No. 36s 51sub 2009 No. 36s 872sch 2amd 2016 No. 27 s 110256Prosecution of offences(1)A prosecution in respect of an offence against this Act shall be by way of summary proceeding under the Justices Act 1886 upon complaint laid within 12 months after the commission of the offence or within 6 months after the offence comes to the knowledge of the complainant, whichever period is the later to expire.(2)The person who may, for an offence against this Act, make a complaint is—(a)for an offence against section 108A, 114A or 231AM—an authorised officer; or(b)for an offence against chapter 6—the QBCC commissioner; or(c)for an offence against chapter 7A, other than section 231AM—(i)the chief executive; or(ii)an authorised person under the City of Brisbane Act 2010 or the Local Government Act 2009 carrying out functions relating to this Act; or
(d)for an offence against section 245G(1)—the QBCC commissioner, a local government or the chief executive (health); or(e)for an offence against section 245K, 245L or 246AR(2)—the QBCC commissioner or a local government; or(f)for an offence against section 246AD(2) or 246AJ(4)—the QBCC commissioner or a local government; or(g)for an offence against section 246AP(2)—the QBCC commissioner or a local government; or(h)for an offence against chapter 8, part 4, division 5, subdivision 2, other than section 246ATH(2)—the QBCC commissioner, a local government or a person authorised by a local government; or(i)for an offence against chapter 8, part 5—the QBCC commissioner, a local government or a person authorised by a local government; or(j)for an offence against chapter 8, part 6, 7 or 8—the QBCC commissioner; or(k)for another offence—a local government or a person authorised by a local government.
(3)It shall not be necessary to prove the authority of the complainant in any proceeding in respect of an offence against this Act.(4)Despite subsection (2), the QBCC commissioner is the only person who may lay a complaint for an offence against—(a)chapter 6; or(b)a provision of a regulation that is—(i)made for chapter 6; and(ii)declared under a regulation to be a provision to which this subsection applies.
(5)All penalties recovered as a result of proceedings mentioned in subsection (4) must be paid to QBCC.(6)All penalties recovered under chapter 8 as a result of proceedings for which the QBCC commissioner is the complainant must be paid to the commissioner.(7)All penalties recovered as a result of an infringement notice served under the State Penalties Enforcement Act 1999 for an offence against this Act and for which QBCC is the administering authority for the infringement notice must be paid to the QBCC commissioner.(8)In this section—administering authority, for an infringement notice, see the State Penalties Enforcement Act 1999, schedule 2.s 256 amd 1993 No. 70s 804 sch; 1998 No. 13s 22; 1998 No. 31s 66; 2002 No. 77s 190; 2006 No. 36s 53; 2006 No. 59s 26; 2008 No. 13s 11; 2009 No. 17s 331sch 1; 2010 No. 21s 14; 2010 No. 35s 27; 2011 No. 27s 234; 2013 No. 30s 9sch 1; 2013 No. 38s 14sch 1; 2014 No. 56s 36257Liability of executive officer—particular offences committed by corporation(1)An executive officer of a corporation commits an offence if—(a)the corporation commits an offence against an executive liability provision; and(b)the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.
Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.(2)In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to—(a)whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and(b)whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and(c)any other relevant matter.
(3)The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.(4)This section does not affect—(a)the liability of the corporation for the offence against the executive liability provision; or(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.
(5)In this section—executive liability provision means any of the following provisions—•section 114A(2)•section 115(1)•section 231AL(6)•section 232(1)•section 245B(4)•section 245L.
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.s 257 sub 2013 No. 51s 9257ADisclosure of particular information(1)A relevant person is authorised to disclose pool immersion information or pool safety information if the QBCC commissioner—(a)believes on reasonable grounds the disclosure is in the public interest; and(b)has, in writing, authorised the disclosure.
(2)In addition, a relevant person is authorised to disclose pool immersion information if—(a)the disclosure is to the Commonwealth, another State, or an entity of the Commonwealth or another State and the disclosure is required or allowed under an agreement—(i)between Queensland and the Commonwealth, State or entity; and(ii)prescribed under a regulation; or
(b)the disclosure is to an entity of the State and the disclosure is required or allowed under an agreement—(i)between the commissioner and the entity; and(ii)prescribed under a regulation; or
(c)the disclosure is to a person who requires the information to perform a function under the Coroners Act 2003, other than the preparation of an annual report.
(3)QBCC’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—(a)the nature of any information disclosed under subsection (1) during the financial year; and(b)the purpose for which the information was disclosed.
(4)However, the details mentioned in subsection (3)(a) must not identify, directly or indirectly, any person to whom the information relates.(5)The commissioner may not delegate the commissioner’s power under subsection (1).(6)In this section—entity, of the Commonwealth or a State, includes a department and an entity established under an Act for a public purpose.pool immersion information means information given to the commissioner under section 245I.pool safety information means information about matters relating to swimming pool safety obtained by the commissioner in the administration of chapter 8.relevant person means—(a)the commissioner; or(b)an officer or employee of QBCC.
s 257A ins 2010 No. 35s 28amd 2014 No. 56s 37258Guidelines(1)The chief executive may make guidelines for matters within the scope of this Act to help compliance with this Act.(2)Without limiting subsection (1), the chief executive may make the following guidelines—(a)a guideline about ways of complying with the pool safety standard and performing pool safety inspection functions;(b)a guideline about the content of a pool safety management plan;(c)a guideline to help local governments declare an area to be a remote area for section 246ACA.
s 258 ins 2006 No. 36s 54amd 2009 No. 51s 30; 2010 No. 21s 15; 2010 No. 35s 29; 2012 No. 8s 7259Access to guidelinesThe chief executive must make any guidelines under section 218 or 258 available for inspection and purchase as if they were a document that, under the Planning Act, section 264, the chief executive must make available for inspection and purchase.s 259 ins 2006 No. 36s 54amd 2009 No. 36s 872sch 2; 2010 No. 21s 3 sch; 2012 No. 11s 16; 2016 No. 27 s 111260Evidentiary aids(1)This section applies to a proceeding under, or in relation to, this Act or the QBCC Act.(2)A certificate purporting to be signed by the QBCC commissioner stating any of the following matters is evidence of the matter—(a)a stated document is a copy of, or an extract from or part of—(i)a licence; or(ii)the register; or(iii)another document kept or made under chapter 6, part 2, 3 or 4; or(iv)the pool safety inspectors register; or(v)the regulated pools register; or(vi)a pool safety certificate; or(vii)another document kept or made under chapter 8;
(b)on a stated day, or during a stated period, a licence or a licence as a pool safety inspector—(i)was, or was not, in force; or(ii)was, or was not, subject to a stated condition; or(iii)was, or was not, cancelled or suspended.
(3)A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—(a)a stated document is a copy of, or an extract from or part of—(i)the BCA; or(ii)the QDC; or(iii)a document kept or made under this Act, other than a document kept or made under chapter 6, part 2, 3 or 4;
(b)an edition of the BCA was the current edition of the BCA at a stated time or during a stated period;(c)a particular version of the QDC was in force at a stated time or during a stated period;(d)a particular part of the QDC was in force at a stated time or during a stated period.
s 260 ins 2006 No. 36s 54amd 2009 No. 51s 31; 2010 No. 21s 16; 2013 No. 38s 14sch 1; 2014 No. 56 ss 38, 68 sch 1261Regulation-making power(1)The Governor in Council may make regulations under this Act.(2)A regulation may make provision with respect to—(a)building work; and(b)the occupation of buildings; and(c)the performance of building certifying functions and private certifying functions; and(d)the licensing of building certifiers; and(e)the performance of pool safety inspection functions; and(f)the licensing of pool safety inspectors; and(g)the fees payable under the Act; and(h)flammable and combustible liquids; and(i)the records required for this Act; and(j)fixing a penalty for an offence against a regulation (including different penalties for successive offences against a regulation) of a fine of not more than 165 penalty units.
s 261 amd 1978 No. 47s 24; 1984 No. 114s 14sub 1993 No. 70s 804 schamd 1998 No. 13s 24; 2002 No. 7s 6; 2006 No. 36s 55; 2010 No. 21s 17; 2012 No. 11s 17Chapter 11Savings, transitional and validation provisionsch hdg (prev pt 7 hdg) sub 1993 No. 70s 804 schamd 2006 No. 36s 57; 2013 No. 5s 63ch 11 pt 2A hdg orig pt 2A hdg om 1991 No. 52s 2.15prev pt 2A hdg ins 2002 No. 7s 4om 2006 No. 36s 6prev ch 11 pt 3 hdg orig pt 3 hdg amd 1991 No. 52s 2.16om 1998 No. 13s 11prev pt 3 hdg ins 1993 No. 70s 804 schsub 1998 No. 13s 12om 2006 No. 36s 25ch 11 pt 3A hdg om 1991 No. 52 s 2.24prev ch 11 pt 4 hdg orig pt 4 hdg om 1998 No. 13s 11prev pt 4 hdg sub 1998 No. 13s 14om 2006 No. 36s 33ch 11 pt 4A hdg ins 1978 No. 47s 10om 1998 No. 13s 11prev ch 11 pt 5 hdg orig pt 5 hdg sub 1978 No. 47s 11amd 1981 No. 53s 10om 1998 No. 13s 13prev pt 5 hdg ins 1998 No. 13s 19sub 2002 No. 77s 167om 2006 No. 36s 38prev ch 11 pt 5 div 1 hdg orig div 1 hdg om 1998 No. 13 s 13prev div 1 hdg ins 1998 No. 13 s 19om 2006 No. 36 s 38prev ch 11 pt 5 div 1A hdg orig div 1A hdg ins 1984 No. 45 s 26om 1998 No. 13 s 13prev div 1A hdg ins 2002 No. 77 s 170om 2006 No. 36 s 38prev ch 11 pt 5 div 1B hdg ins 1987 No. 69 s 12om 1998 No. 13 s 13prev ch 11 pt 5 div 1C hdg ins 1991 No. 52 s 2.55om 1998 No. 13 s 13prev ch 11 pt 5 div 2 hdg orig div 2 hdg amd 1991 No. 52 s 2.57om 1998 No. 13 s 13prev div 2 hdg ins 1998 No. 13 s 19om 2006 No. 36 s 38prev ch 11 pt 5 div 3 hdg orig div 3 hdg om 1998 No. 13 s 13prev div 3 hdg ins 1998 No. 13 s 19sub 2002 No. 77 s 175om 2006 No. 36 s 38prev ch 11 pt 5 div 3A hdg om 1981 No. 53 s 16prev ch 11 pt 5 div 4 hdg om 1998 No. 13 s 13Part 1Transitional provision for Local Government Act 1993pt hdg (prev pt 7, div 1 hdg) ins 2003 No. 53s 10amd 2006 No. 36s 58262Swimming pool fencing compliance—hardship(1)This section applies if—(a)before the commencement of this section, a local authority, under section 49H(11)(b) of the Local Government Act 1936, extended the time for an owner to comply with section 49H(4) of that Act; and(b)immediately before the commencement of this section, the extension was still in force.
(2)The extension continues, in accordance with its terms, as an extension of time for the owner to comply with section 235.(3)The local government concerned may at any time, and subject to the reasonable conditions it considers appropriate, extend the time for the owner to comply with section 235 if—(a)the owner files a written application for an extension with the local government while a previously given extension is still in force; and(b)the local government is satisfied that compliance within the time provided for in the previously given extension would cause the owner financial hardship.
s 262 ins 1993 No. 76s 3sch 1sub 1993 No. 70s 804 schamd 1998 No. 13s 26; 2004 No. 53s 2 schPart 2Transitional provisions for Building and Integrated Planning Amendment Act 1998pt hdg (prev pt 7, div 2 hdg) ins 2003 No. 53s 11amd 2006 No. 36s 59263References to Standard Building Law etc.A reference in an Act or document to the Standard Building By-laws 1991, the Standard Building By-laws (however described), Standard Building Law or the repealed Standard Building Regulation 1993 is a reference to this Act.s 263 ins 1993 No. 70s 804 schsub 1998 No. 13s 27amd 2006 No. 36s 60264Existing refereesA person who, immediately before the commencement of this section, was a referee under this Act is, until the end of the term for which the person was appointed under this Act, taken to be a referee appointed under the repealed Integrated Planning Act 1997, section 4.2.36.s 264 ins 1998 No. 13s 28amd 2006 No. 36s 61; 2009 No. 36s 872sch 2265Existing registrarThe person who, immediately before the commencement of this section, was the registrar under this Act is taken to be the registrar appointed under the repealed Integrated Planning Act 1997, section 4.2.8.s 265 ins 1998 No. 13s 28amd 2006 No. 36s 62; 2009 No. 36s 872sch 2266Lawfully constructed buildings and structures protectedIf a building or structure was lawfully constructed before the commencement of this section, it can not be altered or removed under this Act unless the building or structure is—(a)dangerous; or(b)in a dilapidated condition and unfit for use or occupation; or(c)filthy; or(d)is infected with disease; or(e)is infested with vermin.
s 266 ins 1998 No. 13s 28amd 2006 No. 36s 63Part 3Transitional provisions for Building Amendment Act 2003pt hdg (prev pt 7, div 3 hdg) ins 2003 No. 53s 12amd 2006 No. 36s 64267Definitions for pt 3In this part—amending Act means the Building Amendment Act 2003.commencing day means the day the amending Act, section 12, commences.unamended Act means this Act as in force before the commencing day.s 267 ins 2003 No. 53s 12amd 2006 No. 36s 65268Existing exemption from fencing swimming pool(1)This section applies if, immediately before the commencing day—(a)an application for an exemption from complying with the unamended Act, section 14(2), had been granted to a person under the unamended Act, section 15; and(b)the decision had not been revoked under the unamended Act, section 16.
(2)On and from the commencing day, the unamended Act continues to apply for the exemption as if the unamended Act had not been amended by the amending Act.(3)If the exemption was subject to a condition, the exemption is taken to be subject to the same condition.s 268 ins 2003 No. 53s 12269Undecided application for exemption from fencing swimming pool(1)This section applies if—(a)a person has, under the unamended Act, section 15, applied to the local government for exemption from complying with the unamended Act, section 14(2); and(b)immediately before the commencing day, the application had not been decided.
(2)The unamended Act continues to apply to the application, and to any exemption, including any condition of the exemption, applying as a result of granting the exemption, as if the unamended Act had not been amended by the amending Act.s 269 ins 2003 No. 53s 12270When resuscitation sign for outdoor swimming pool not required(1)This section applies to an outdoor swimming pool constructed on residential land if—(a)the lawful carrying out of the work started before the commencing day; or(b)approval to carry out the work was given before the commencing day, but the work does not start before the commencing day; or(c)application to carry out the work was made before the commencing day, but the application was not decided before the commencing day.
(2)Section 236 does not apply to the pool.s 270 ins 2003 No. 53s 12271Revocation of decisions or previous variationsThe unamended Act, section 16, continues to apply to the following as if it had not been repealed by the amending Act—(a)a decision made under the unamended Act, section 15;(b)a variation given under section 30M as in force immediately before the commencement of the Building and Integrated Planning Amendment Act 1998, part 2.
s 271 ins 1998 No. 13s 28sub 2003 No. 53s 12Part 4Transitional provisions for Plumbing and Drainage Act 2002pt hdg (prev pt 8 hdg) ins 2002 No. 77s 191amd 2006 No. 36s 66272Definitions for pt 4In this part—amending Act means the Plumbing and Drainage Act 2002, part 11.building certifier includes a former building certifier.commencing day means the day the Plumbing and Drainage Act 2002, section 191, commences.unamended Act means the Building Act 1975 as in force immediately before the commencing day.s 272 ins 2002 No. 77s 191amd 2006 No. 36s 67273Swimming pool fences for existing tourist resort complexes exempted(1)This section applies to a tourist resort complex if, immediately before the commencement of this section—(a)the land used for the tourist resort complex was, under section 4 and schedule 2 of the repealed Building Regulation 2003, specified for section 13(3)(a) as in force immediately before the commencement; and(b)the tourist resort complex is not required to construct fencing around a swimming pool on the land.
(2)A local law is of no effect if it requires the construction of fencing around the swimming pool on the land, provided the land is not land prescribed under a regulation as land to which this subsection is no longer to apply.Note—A pool for which a local law is of no effect under this section is subject to chapter 8.(3)In this section—tourist resort complex means a complex that operates as a single integrated facility providing all, or substantially all, the recreational and personal needs of guests resident at the complex and visitors at the complex.s 273 ins 2002 No. 77s 191amd 2006 No. 36s 68; 2010 No. 35s 30274Unsatisfactory conduct and professional misconduct(1)If the Commercial and Consumer Tribunal is deciding whether or not proper grounds exist for taking disciplinary action against a building certifier, the tribunal may take into account conduct of the building certifier before or after the commencing day.(2)If BSA is deciding whether or not to apply to the tribunal to start a disciplinary proceeding against a building certifier, BSA may take into account conduct of the building certifier before or after the commencing day.(3)If BSA is deciding whether or not a building certifier has engaged in unsatisfactory conduct, BSA may take into account conduct of the building certifier before or after the commencing day.s 274 ins 2002 No. 77s 191 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 sch275Appeals to chief executive against accrediting body’s decision(1)If—(a)a person has appealed to the chief executive under the unamended Act against a decision of the accrediting body; and(b)the appeal has not been decided before the commencing day;
the chief executive may decide the appeal as if the unamended Act were not amended by the amending Act.(2)If—(a)a person could have appealed to the chief executive under the unamended Act against a decision of the accrediting body; and(b)the person has not appealed before the commencing day;
the person may apply to the Commercial and Consumer Tribunal for a review of the decision under section 205 as if the decision of the accrediting body were a decision of BSA.s 275 ins 2002 No. 77s 191 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 sch276Appeal to the court against chief executive’s decision(1)If—(a)a person has appealed to the court under the unamended Act against a decision of the chief executive; and(b)the appeal has not been decided before the commencing day;
the court may decide the appeal as if the unamended Act were not amended by the amending Act.(2)If—(a)a person could have appealed to the court under the unamended Act against a decision of the chief executive; and(b)the person has not appealed before the commencing day;
the person may appeal against the decision under the unamended Act as if the unamended Act were not amended by the amending Act.s 276 ins 2002 No. 77s 191277Orders relating to building certifiers(1)This section applies if the Commercial and Consumer Tribunal makes an order under section 211(5) or 212(5) for a building certifier.(2)In making the order, the tribunal may disregard any previous finding of professional misconduct against the building certifier made by an accrediting body before the commencing day.(3)However, if the building certifier has, before the commencing day, been prosecuted under section 256 for an offence against this Act and found guilty, the tribunal may take the offence into account when making the order.s 277 ins 2002 No. 77s 191 (amd 2003 No. 30s 169sch 1)amd 2005 No. 14s 2 schPart 5Transitional provisions for Building and Other Legislation Amendment Act 2006pt hdg ins 2006 No. 36s 69278Undecided building development applicationsA building development application must be decided as if the Building and Other Legislation Amendment Act 2006 had not been enacted if—(a)the application is a properly made application; and(b)immediately before the commencement of this section the application had not been decided.
s 278 ins 2006 No. 36s 69279Exclusion of reminder notice requirement for existing building development approvalsSection 95 does not apply to a building development approval in force immediately before the commencement of this section.s 279 ins 2006 No. 36s 69280Consequential amendments to the QDCSection 13(3) does not apply to an amendment to the QDC under section 13(2) if the amendment is consequential to the Building and Other Legislation Amendment Act 2006 or the repeal of the Standard Building Regulation 1993.Examples—amendments to the QDC to omit redundant references to the repealed regulation or replace references to provisions of the regulation with provisions of the Act that correspond, or substantially correspond, to thems 280 ins 2006 No. 36s 69281Consequential amendments to code of conductSection 129(3) does not apply to an amendment of the code of conduct if the amendment is consequential to the Building and Other Legislation Amendment Act 2006 or the repeal of the Standard Building Regulation 1993.Examples—amendments to the code to omit redundant references to the repealed regulation or replace references to provisions of the regulation with provisions of the Act that correspond, or substantially correspond, to thems 281 ins 2006 No. 36s 69282Local government building surveying technicianss 282 ins 2006 No. 36s 69om 2008 No. 13s 12283Existing rainwater tank provisions in planning schemes(1)This section applies to a rainwater tank provision in force immediately before 1 September 2006.(2)The provision is taken to be a building assessment provision and to have been a building assessment provision since 1 September 2006.(3)If the provision does not comply with the acceptable solutions for rainwater tanks under QDC, part 25, unless the provision is earlier repealed, it expires on—(a)if, before 1 July 2007, a day is prescribed under a regulation—the prescribed day; or(b)otherwise—1 July 2007.
(4)The reference in subsection (3) to QDC, part 25 is a reference to that part, as amended or replaced from time to time by any amendment or replacement of it approved under section 13 after the commencement of this section.Note—The only amendment or replacement of QDC part 25 from 1 September 2006 to 1 July 2007 was a replacement that took effect on 1 January 2007. That version was replaced by a new part MP 4.2 that took effect on 1 January 2008.(5)This section applies despite sections 30 and 32.(6)In this section—rainwater tank provision means a provision of a planning scheme that requires the installation of a rainwater tank for a building that is the subject of relevant building work.relevant building work means the construction of a class 1 building that, under the Water Act 2000, is in a service area for a retail water service.s 283 prev s 283 ins 2006 No. 36s 69exp 2 September 2006 (see s 283(5))pres s 283 ins 2006 No. 59s 27amd 2008 No. 13s 13Part 6Transitional provision for Building and Other Legislation Amendment Act 2008pt 6 (s 284) ins 2008 No. 13 s 14284Transitional provision for s 108AIf a certificate of classification was given for a building on or after 1 July 1997 but before the commencement of section 108A, section 108A does not apply to the owner of the building until the first anniversary of the commencement.Editor’s note—section 108A (Owner’s obligations about access to certificate of classification)pt 6 (s 284) ins 2008 No. 13 s 14Part 7Transitional provision for Sustainable Planning Act 2009pt 7 (s 285) ins 2009 No. 36 s 872 sch 2285Continuing application of chs 2, 3 and 4(1)This section applies to a development application made but not decided under the repealed Integrated Planning Act 1997 before the commencement.(2)Chapters 2, 3 and 4 as in force before the commencement continue to apply to the development application as if the Sustainable Planning Act 2009 had not commenced.(3)In this section—commencement means the day this section commences.pt 7 (s 285) ins 2009 No. 36 s 872 sch 2Part 8Transitional provisions for Building and Other Legislation Amendment Act 2009pt 8 (ss 286–287) ins 2009 No. 51 s 32286Continuing application of s 154(1)This section applies to a relevant person who does not have at least 1 year’s experience as a building surveying technician employed by a local government or under the supervision of a private certifier.(2)Section 154 as in force immediately before 1 January 2010 continues to apply to the relevant person—(a)while the person is licensed as a building surveying technician; and(b)until the person has the experience mentioned in subsection (1).
(3)In this section—relevant person means a person—(a)licensed as a building surveying technician immediately before 1 January 2010; or(b)issued with a licence or a renewed licence on a decision for an application mentioned in section 287(1).
Note—This section commenced on 1 January 2010.pt 8 (ss 286–287) ins 2009 No. 51 s 32287Continuing application of s 155(1)This section applies to a following application made but not decided before 1 January 2010—(a)an application under section 155 for a licence at the level of building surveying technician;(b)an application under section 167 for renewal of a licence at the level of building surveying technician.
(2)For considering and deciding the application, section 155 as in force immediately before 1 January 2010 continues to apply.pt 8 (ss 286–287) ins 2009 No. 51 s 32Part 9Transitional provisions for Building and Other Legislation Amendment Act 2010pt 9 (ss 288–289) ins 2010 No. 21 s 18288Term of pool safety certificate in force before the commencement(1)Despite section 246AL, a pool safety certificate for a regulated pool that is in force before the commencement day expires at the end of the relevant period unless it is sooner cancelled under section 246AF.(2)In this section—commencement day means the day this section commences.relevant period means—(a)for a pool that is a shared pool—1 year after the commencement day; or(b)otherwise—2 years after the commencement day.
pt 9 (ss 288–289) ins 2010 No. 21 s 18289Building certifiers taken to be licensed as pool safety inspectors for 1 yearA building certifier is taken to be licensed as a pool safety inspector for a period of 1 year from the commencement of this section unless—(a)the licence as a pool safety inspector is sooner cancelled, suspended or surrendered under chapter 8, part 6 or 7; or(b)the building certifier’s licence is sooner cancelled, suspended or surrendered, or the building certifier’s licence sooner expires, under chapter 6.
pt 9 (ss 288–289) ins 2010 No. 21 s 18Part 10Transitional provisions for Building and Other Legislation Amendment Act (No. 2) 2010pt hdg ins 2010 No. 35s 31290Definitions for pt 10In this part—amending Act means the Building and Other Legislation Amendment Act (No. 2) 2010.fencing standards, for a swimming pool, see previous section 233.previous, for a provision of this Act, means the provision as in force immediately before the 2010 Act commencement day.unamended Act means this Act as in force before the 2010 Act commencement day.s 290 ins 2010 No. 35s 31291When s 232 applies to particular regulated pools(1)Subsection (2) applies to a regulated pool that—(a)is a shared pool; and(b)was constructed before the 2010 Act commencement day; and(c)is situated on land or in a building at which only short-term accommodation is provided.Examples for paragraph (c)—motel, hotel and backpacker’s hostel
(2)If the pool safety standard application day for the pool happens more than 90 days before the day that is 6 months after the 2010 Act commencement day (the postponed day), section 232(1) applies to the owner of the regulated pool on and from the postponed day, unless a pool safety certificate is in effect for the pool before that day.(3)Subsection (4) applies to a regulated pool that—(a)is a shared pool, other than a shared pool mentioned in subsection (1); and(b)was constructed before the 2010 Act commencement day.
(4)If the pool safety standard application day for the pool happens more than 90 days before the day that is 2 years after the 2010 Act commencement day (also the postponed day), section 232(1) applies to the owner of the regulated pool on and from the postponed day, unless a pool safety certificate is in effect for the pool before that day.(5)This section applies despite section 232.s 291 ins 2010 No. 35s 31amd 2012 No. 3s 17292Term of pool safety certificate for particular regulated pools(1)This section applies—(a)to a shared pool to which section 291 applies; and(b)despite section 246AL.
(2)If a pool safety certificate is given for the pool before the day that is 3 months after the 2010 Act commencement day, the certificate expires at the end of 2 years after the day it is given, unless it is sooner cancelled under section 246AF.(3)This section applies to a pool safety certificate whether it was given before or after the 2010 Act commencement day.s 292 ins 2010 No. 35s 31293Continuing application of particular provisions—requirements about fencing pool(1)This section applies to a regulated pool that is an outdoor swimming pool constructed on residential land before the 2010 Act commencement day.(2)Previous sections 235 and 237 continue to apply to the pool until—(a)for a pool to which section 291 applies—the later of the following—(i)the day that is 6 months after the 2010 Act commencement day;(ii)the pool safety standard application day for the pool; or
(b)for another pool—the pool safety standard application day for the pool.
(3)For subsection (2), previous sections 232 to 234 continue to apply as if the unamended Act had not been amended by the amending Act.s 293 ins 2010 No. 35s 31294Continuing application of particular provisions—resuscitation sign(1)This section applies to a regulated pool that is an outdoor swimming pool constructed on residential land before the 2010 Act commencement day if—(a)under section 293, previous section 235 applies to the pool; and(b)previous section 236 applied to the pool owner of the pool immediately before the 2010 Act commencement day.
(2)Previous section 236 continues to apply to the pool owner of the pool while previous section 235 applies to it.(3)For subsection (2)—(a)previous section 236(2) continues to apply to the pool owner as if a reference in the previous subsection to a regulation were a reference to a regulation in force immediately before the 2010 Act commencement day; and(b)previous sections 232 and 234 continue to apply as if the unamended Act had not been amended by the amending Act.
s 294 ins 2010 No. 35s 31295Application of s 233(1)This section applies to a regulated pool being constructed on the 2010 Act commencement day.(2)Section 233(2) applies to the relevant person for the regulated pool as if the reference in the subsection to before construction of the pool starts were a reference to on the 2010 Act commencement day.(3)In this section—relevant person, for a regulated pool, see section 233(4).s 295 ins 2010 No. 35s 31296Continuing application of previous s 237(1)This section applies to a regulated pool that is an outdoor swimming pool constructed on residential land before the 2010 Act commencement day if, under section 293, previous section 235 applies to the pool.(2)Previous section 237 continues to apply to the pool owner of the pool while previous section 235 applies to it.(3)For subsection (2), previous sections 232 and 234 continue to apply as if the unamended Act had not been amended by the amending Act.s 296 ins 2010 No. 35s 31297Application for exemption under previous s 240(1)This section applies to an application under previous section 240 for an exemption from compliance with the fencing standards made to a local government but not decided before the 2010 Act commencement day.(2)The local government may, under previous section 240—(a)continue to decide the application; and(b)grant or refuse to grant the exemption.
(3)Previous section 241(1) continues to apply for a decision mentioned in subsection (2) as if the unamended Act had not been amended by the amending Act.s 297 ins 2010 No. 35s 31298Continuing effect of particular exemptions(1)This section applies to an exemption, for a regulated pool, from compliance with the fencing standards granted by a local government under previous section 240, if the exemption is in effect on the 2010 Act commencement day.(2)The exemption is taken to be an exemption granted under chapter 8, part 2, division 3.(3)If the exemption was subject to a condition immediately before the 2010 Act commencement day, the exemption continues to be subject to the condition.s 298 ins 2010 No. 35s 31299Keeping copy of exemption(1)This section applies to an exemption granted by a local government under previous section 240.(2)Section 244 applies to the local government in relation to the exemption as if the exemption were granted under chapter 8, part 2, division 3.s 299 ins 2010 No. 35s 31300When s 246ATK applies to particular regulated pools(1)Subsection (2) applies to a regulated pool that—(a)is a shared pool; and(b)was constructed before the 2010 Act commencement day; and(c)is situated on land or in a building at which only short-term accommodation is provided.Examples for paragraph (c)—motel, hotel and backpacker’s hostel
(2)If the owner of the regulated pool is given a relevant notice more than 90 days before the day that is 6 months after the 2010 Act commencement day (the postponed day), section 246ATK applies to the owner of the pool—(a)as if the reference in section 246ATK(2) to within 90 days after the day of settlement under the contract of sale for the premises were a reference to by the postponed day; and(b)as if the reference in section 246ATK(4) to within 90 days after the day the accommodation agreement is entered into were a reference to by the postponed day.
(3)Subsection (4) applies to a regulated pool that—(a)is a shared pool, other than a shared pool mentioned in subsection (1); and(b)was constructed before the 2010 Act commencement day.
(4)If the owner of the regulated pool is given a relevant notice more than 90 days before the day that is 2 years after the 2010 Act commencement day (also the postponed day), section 246ATK applies to the owner of the regulated pool—(a)as if the reference in section 246ATK(2) to within 90 days after the day of settlement under the contract of sale for the premises were a reference to by the postponed day; and(b)as if the reference in section 246ATK(4) to within 90 days after the day the accommodation agreement is entered into were a reference to by the postponed day.
(5)This section applies despite section 246ATK.(6)In this section—relevant notice means a notice under section 246ATF(c) or 246ATI.s 300 ins 2010 No. 35s 31Part 11Transitional and validation provisions for Queensland Reconstruction Authority Act 2011pt 11 (ss 301–305) ins 2011 No. 1 s 146301Definition for pt 11In this part—exemption period means the period—(a)starting on 8 January 2011; and(b)ending on 8 July 2011.
relevant building surveying technician means a person who—(a)was a building surveying technician immediately before 1 January 2010; or(b)was issued with a licence or a renewed licence on a decision for an application mentioned in section 287(1).
relevant certifying function means a building certifying function for a building or structure having a rise of no more than 2 storeys and a total floor area no more than 500m2.pt 11 (ss 301–305) ins 2011 No. 1 s 146302Modified application of ch 8 provisions(1)Subsection (2) applies to a relevant regulated pool if, but for the subsection, the pool safety standard application day for the pool would happen, or would have happened, during the exemption period because an accommodation agreement is or was entered into.(2)Section 231A, definition pool safety standard application day, paragraphs (b), (c) and (e) apply, and are taken to have applied, to the pool as if the references in the paragraphs to ‘the day an accommodation agreement is entered into’ were a reference to ‘the day, not being a day during the exemption period, an accommodation agreement is entered into’.(3)Section 246ATG does not apply, and is taken not to have applied, to the owner of regulated premises for an accommodation agreement entered into by the owner during the exemption period.(4)Section 246ATL does not apply, and is taken not to have applied, to a licensee under that section in relation to activities carried out by the licensee for an accommodation agreement entered into during the exemption period.(5)In this section—pool safety standard application day see section 231A.regulated pool see section 231B.relevant regulated pool means a regulated pool—(a)in existence on the 2010 Act commencement day; and(b)to which section 231A, definition pool safety standard application day, paragraph (b), (c) or (e) applies.
pt 11 (ss 301–305) ins 2011 No. 1 s 146303Offence about entering into accommodation agreement(1)This section applies to the owner of regulated premises during the exemption period if—(a)section 302(3) applies to the owner; and(b)the owner does not have a pool safety certificate for a relevant regulated pool for the premises that is not a shared pool.
(2)The owner must, before entering into an accommodation agreement for the premises, give the person who will be the occupier of the premises under the agreement a notice in the approved form.Maximum penalty—165 penalty units.pt 11 (ss 301–305) ins 2011 No. 1 s 146304Additional role of relevant building surveying technicianA relevant building surveying technician may, while employed by a local government, perform a relevant certifying function.pt 11 (ss 301–305) ins 2011 No. 1 s 146305Validation of relevant building surveying technician function(1)This section applies to a relevant certifying function performed by a relevant building surveying technician between 1 January 2010 and the day this section commences.(2)The relevant certifying function is taken to be, and have always been, validly performed by the relevant building surveying technician.pt 11 (ss 301–305) ins 2011 No. 1 s 146Part 12Transitional provision inserted under Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011pt 12 (s 306) ins 2011 No. 17 s 5306Provision about offences under s 246AR(1)A proceeding can not be started or continued for an offence constituted by an act or omission under pre-amended section 246AR if the circumstances giving rise to the commission of the offence would not, if the circumstances happened after the commencement of this section, give rise to the commission of an offence under post-amended section 246AR.(2)In this section—post-amended section 246AR means section 246AR as amended under the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011, section 4.pre-amended section 246AR means section 246AR as in force immediately before the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011, section 4 commenced.pt 12 (s 306) ins 2011 No. 17 s 5Part 13Validation provision inserted under the Local Government Electoral Act 2011pt 13 (s 307) ins 2011 No. 27 s 241307Validation of particular appointments to PSC(1)If, before the commencement of this section, the Minister purportedly appointed a person as a deputy member, the person is declared to always have been validly appointed as a deputy member.(2)Anything done or omitted to be done by a person mentioned in subsection (1) as a deputy member that would have been valid and lawful under this Act had the person been validly appointed is declared to always have been valid and lawful.(3)If, before the commencement of this section, the Minister purportedly appointed a deputy member to be the deputy chairperson of PSC, despite section 246EM(1) the deputy member is declared to always have been validly appointed as the deputy chairperson of PSC.(4)Anything done or omitted to be done by a deputy member mentioned in subsection (3) as deputy chairperson of PSC that would have been valid and lawful under this Act had the deputy member been validly appointed is declared to always have been valid and lawful.(5)To remove any doubt, it is declared that a quorum for a PSC meeting can be, and could always have been, made up of any combination of attendees if the number of attendees at the meeting is, or was, more than half of the number of persons appointed as members of PSC at the time of the meeting.(6)In this section—attendee, for a PSC meeting, means—(a)a member; or(b)a deputy member, including a deputy member to whom subsection (1) applies, acting for a member who is absent from the PSC meeting.
deputy member means a deputy appointed under section 246EL(1) to act for a member.member means a person appointed under section 246EK(1) as a member of PSC.pt 13 (s 307) ins 2011 No. 27 s 241Part 14Transitional provision for Treasury (Cost of Living) and Other Legislation Amendment Act 2012pt 14 (s 308) ins 2012 No. 8 s 8308Continuation of ss 246I, 246J and 246K in relation to particular sustainability declarations(1)Previous section 246I continues to apply in relation to a document that was, or purported to be, a current sustainability declaration for a class 1a or 2 building bought before the commencement day.(2)Previous section 246J continues to apply in relation to the following things done, before the commencement day, by a seller of a class 1a or 2 building—(a)publishing a relevant advertisement for the sale of the building;(b)giving or making available a current sustainability declaration for the building.
(3)Previous section 246K continues to apply in relation to a breach of an obligation under previous chapter 8A, part 1 before the commencement day.(4)In this section—commencement day means the day this section commences.previous, followed by a provision number, means the provision of that number in force before the commencement day.pt 14 (s 308) ins 2012 No. 8 s 8Part 14ATransitional provisions for Vocational Education and Training (Commonwealth Powers) Act 2012pt hdg (prev pt 15 hdg) ins 2012 No. 11s 18renum 2013 No. 5s 94 sch309Definitions for pt 14AIn this part—commencement means the commencement of this part.former Act means this Act as in force from time to time before the commencement.s 309 ins 2012 No. 11s 18amd 2013 No. 5s 94 sch310When approved training course under former Act taken to be approved training course under this Act(1)This section applies if an individual has, before the commencement, completed an approved training course under the former Act.(2)The approved training course under the former Act is taken to be an approved training course under this Act, for a period of 6 months from the commencement, for the purpose of an application for a licence under chapter 8, part 6.s 310 ins 2012 No. 11s 18310AFees may be refunded(1)This section applies if, before the commencement—(a)an eligible course provider paid a fee under section 246DH of the former Act for the approval of a training course; and(b)the approval is in force at the commencement.
(2)PSC may refund the proportion of the fee PSC considers appropriate having regard to the period of the approval left to run after the commencement.s 310A (prev s 311) ins 2012 No. 11s 18renum 2013 No. 5s 94 schPart 15Transitional provisions for Sustainable Planning and Other Legislation Amendment Act 2012pt 15 (ss 311–315) ins 2012 No. 3 s 18311Definitions for pt 15In this part—assistant building surveyor means a building certifier who, under previous section 151, is licensed as an assistant building surveyor.building surveying technician means a building certifier who, under previous section 151, is licensed as a building surveying technician.building surveyor means a building certifier who, under previous section 151, is licensed as a building surveyor.commencement means the commencement of this section.previous, for a provision of this Act, means the provision as in force immediately before the commencement.pt 15 (ss 311–315) ins 2012 No. 3 s 18312Existing accreditations(1)This section applies to a current accreditation issued by an accreditation standards body that, immediately before the commencement, was a current accreditation for an application under previous section 155 for a licence as a building surveyor, an assistant building surveyor or a building surveying technician.(2)On the commencement, the accreditation is taken to be a current accreditation for—(a)if the accreditation is for a licence as a building surveyor—an application under section 155 for a licence as a building certifier–level 1; or(b)if the accreditation is for a licence as an assistant building surveyor—an application under section 155 for a licence as a building certifier–level 2; or(c)if the accreditation is for a licence as a building surveying technician—an application under section 155 for a licence as a building certifier–level 3.
pt 15 (ss 311–315) ins 2012 No. 3 s 18313Existing building surveyors, assistant building surveyors and building surveying technicians(1)A person who, immediately before the commencement, was licensed as a building surveyor is taken to be licensed as a building certifier–level 1.(2)A person who, immediately before the commencement, was licensed as an assistant building surveyor is taken to be licensed as a building certifier–level 2.(3)A person who, immediately before the commencement, was licensed as a building surveying technician is taken to be licensed as a building certifier–level 3.pt 15 (ss 311–315) ins 2012 No. 3 s 18314References in existing accreditation standards and professional development schemes(1)This section applies to an existing accreditation standard or an existing professional development scheme.(2)From commencement, a reference in the standard or scheme to—(a)a building surveyor–level 1 is taken to be a reference to a building certifier–level 1; or(b)a certifier level 1 (building surveyor) is taken to be a reference to a building certifier–level 1; or(c)an assistant building surveyor–level 2 is taken to be a reference to a building certifier–level 2; or(d)a certifier level 2 (assistant building surveyor) is taken to be a reference to a building certifier–level 2; or(e)a building surveying technician is taken to be a reference to a building certifier–level 3; or(f)a certifier level 3 (building surveying technician) is taken to be a reference to a building certifier–level 3.
(3)An accreditation standards body may amend an existing accreditation standard or an existing professional development scheme to change a reference to—(a)a building surveyor–level 1 to a reference to a building certifier–level 1; or(b)a certifier level 1 (building surveyor) to a reference to a building certifier–level 1; or(c)an assistant building surveyor–level 2 to a reference to a building certifier–level 2; or(d)a certifier level 2 (assistant building surveyor) to a reference to a building certifier–level 2; or(e)a building surveying technician to a reference to a building certifier–level 3; or(f)a certifier level 3 (building surveying technician) to a reference to a building certifier–level 3.
(4)An existing accreditation standard amended under subsection (3) is taken to be approved by the chief executive for section 185(2)(a).(5)An existing professional development scheme amended under subsection (3) is taken to be approved by the chief executive for section 185(2)(c).(6)In this section—existing accreditation standard means an educational and experiential standard set by an accreditation standards body under section 185(2)(a) and in effect immediately before the commencement.existing professional development scheme means a professional development scheme established by an accreditation standards body under section 185(2)(c) and in effect immediately before the commencement.pt 15 (ss 311–315) ins 2012 No. 3 s 18315Existing applications for a licence(1)This section applies to an application for a licence made, but not decided, before the commencement.(2)If the application is for a licence at the level of a building surveyor, it is taken to be an application for a licence at the level of building certifier–level 1.(3)If the application is for a licence at the level of an assistant building surveyor, it is taken to be an application for a licence at the level of building certifier–level 2.(4)If the application is for a licence at the level of a building surveying technician, it is taken to be an application for a licence at the level of building certifier–level 3.(5)Subsection (6) applies to BSA for considering and deciding an application mentioned in subsection (4).(6)If the applicant has at least 1 year’s experience as a building surveying technician employed by a local government or under the supervision of a private certifier, the applicant is taken to have at least 1 year’s experience carrying out level 3 work under the supervision of a person licenced as a building certifier–level 1 or a building certifier–level 2.pt 15 (ss 311–315) ins 2012 No. 3 s 18Part 16Validation provisions for Housing and Other Legislation Amendment Act 2013pt 16 (ss 316–323) ins 2013 No. 5 s 64316Definitions for pt 16In this part—commencement means the commencement of this part.previous, for a provision of this Act, means the provision as in force immediately before the commencement.relevant period means the period starting on 1 November 2012 and ending immediately before the commencement.pt 16 (ss 316–323) ins 2013 No. 5 s 64317Retrospective validation of particular certificates of classification given during relevant period(1)This section applies if, during the relevant period, a building certifier for a building development approval—(a)gave a certificate of classification for the building under section 102; and(b)when the certificate was given—(i)the building was not substantially completed under previous section 101(1)(d); but(ii)would have been substantially completed if section 101(1)(d), as in force immediately after the commencement, had been in force on the day the certificate was given.
(2)The certificate of classification is taken to be, and always to have been, as valid as if section 101(1)(d), as in force immediately after the commencement, had been in force on the day the certificate was given.pt 16 (ss 316–323) ins 2013 No. 5 s 64318Retrospective validation of particular applications for renewal of licences at level of building certifier–level 3(1)This section applies to an application for the renewal of a licence at the level of building certifier–level 3 made under section 167 if the application—(a)was made before the commencement; and(b)when the application was made, the individual making the application—(i)did not comply with the requirements of previous section 155(1)(b)(ii) or (iii); but(ii)would have complied with the requirements of section 155 as in force immediately after the commencement.
(2)The application is taken to be, and always to have been, as valid as if section 155, as in force immediately after the commencement, had been in force on the day the application was made.pt 16 (ss 316–323) ins 2013 No. 5 s 64319Retrospective validation of particular licences at level of building certifier–level 3 renewed during relevant period(1)This section applies to a licence—(a)which was renewed by the BSA under section 169(1)(a) at the level of building certifier–level 3 during the relevant period; and(b)when the decision to renew the licence was made, the applicant—(i)did not comply with the requirements of previous section 155(1)(b)(ii) or (iii); but(ii)would have complied with the requirements of section 155 as in force immediately after the commencement.
(2)The renewed licence is taken to be, and always to have been, as valid as if section 155, as in force immediately after the commencement, had been in force on the day the licence was issued.(3)If the renewed licence was subject to a restriction, condition or endorsement, the licence is also taken to be subject to the same restriction, condition or endorsement in the same terms so far as practicable.pt 16 (ss 316–323) ins 2013 No. 5 s 64320Retrospective validation of building certifying functions performed during relevant period(1)This section applies to a building certifying function performed by an individual who holds a renewed licence mentioned in section 319.(2)The individual is taken to be, and always to have been, licensed when performing the function.pt 16 (ss 316–323) ins 2013 No. 5 s 64321Retrospective validation of particular applications for renewal of licences for pool safety inspectors(1)This section applies to an application for the renewal of a pool safety inspector’s licence made under section 246BN if the application—(a)was made before the commencement; and(b)when the application was made, the pool safety inspector who made the application did not comply with the requirements of previous section 246BN(2)(b).
(2)The application is taken to be, and always to have been, as valid as if section 246BN, as in force immediately after the commencement, had been in force on the day the application was made.pt 16 (ss 316–323) ins 2013 No. 5 s 64322Retrospective validation of particular licences for pool safety inspectors renewed during particular period(1)This section applies to a pool safety inspector’s licence—(a)which was renewed by the PSC under section 246BP during the period starting on 29 December 2012 and ending immediately before the commencement; and(b)if when the decision to renew was made the applicant did not comply with the requirements of previous section 246BN(2)(b).
(2)The renewed licence is taken to be, and always to have been, as valid as if section 246BN, as in force immediately after the commencement, had been in force on the day the licence was issued.(3)If the renewed licence was subject to a restriction or condition, the licence is also taken to be subject to the same restriction or condition in the same terms so far as practicable.pt 16 (ss 316–323) ins 2013 No. 5 s 64323Retrospective validation of pool safety inspection functions(1)This section applies for a pool safety inspection function performed by a pool safety inspector who holds a renewed licence mentioned in section 322.(2)The pool safety inspector is taken to be, and always to have been, licensed when performing the function.pt 16 (ss 316–323) ins 2013 No. 5 s 64Part 17Transitional provisions for Queensland Building Services Authority Amendment Act 2013pt 17 (ss 324–327) ins 2013 No. 38 s 13324DefinitionsIn this part—amending Act means the Queensland Building Services Authority Amendment Act 2013.transfer day means the day the amending Act, section 5 commences.former BSA means the former Queensland Building Services Authority under the QBSA Act.general manager means the general manager under the QBSA Act.QBSA Act means the Queensland Building and Construction Commission Act 1991 as in force immediately before its amendment under the amending Act, section 5.pt 17 (ss 324–327) ins 2013 No. 38 s 13325Unresolved applications to or by the former BSA(1)On the transfer day, the QBCC stands in place of the former BSA for any unresolved application made—(a)under this Act to the former BSA; or(b)by the former BSA to the tribunal.
(2)For subsection (1)(a), the QBCC may be satisfied about a matter merely because the former BSA was satisfied about the matter under the relevant provision of this Act.(3)In this section—unresolved application means an application made, but not finally decided or withdrawn, before the transfer day.pt 17 (ss 324–327) ins 2013 No. 38 s 13326Prosecution of offences against chapter 6 or section 246AP(2)(1)For section 256(1), the commissioner for QBCC is taken to have knowledge of the commission of a relevant offence—(a)if the offence came to the general manager’s knowledge; and(b)when the offence came to the general manager’s knowledge.
(2)For section 256(2), a complaint made by the general manager is taken to be a complaint made by the commissioner for QBCC when the complaint was made.(3)A prosecution for an offence against chapter 6 or section 246AP(2) started by the general manager but not concluded or dismissed before the transfer day, may be continued by the commissioner for QBCC.(4)In this section—relevant offence means an offence against this Act, chapter 6 or section 246AP(2) for which—(a)the alleged date of commission of the offence was before the transfer day; and(b)the prosecution for the offence had not yet started on the transfer day.
pt 17 (ss 324–327) ins 2013 No. 38 s 13327Other administrative matters relating to the former BSA(1)From the transfer day, each of the following things in effect immediately before the transfer day continue in effect as if the thing was approved, given or made by the QBCC when the thing first took effect—(a)a direction or notice given by the former BSA under this Act;(b)a requirement made by the former BSA under this Act that has not been fully complied with on the transfer day;(c)a licence issued by the former BSA under this Act;(d)a decision or order of the former BSA made under this Act.
(2)On the transfer day, the register kept by the former BSA under section 179 before the transfer day becomes part of the register kept by the QBCC under section 179.(3)For a provision of this Act enabling the taking of action by an entity if the QBCC had previously taken a particular action, a reference to the QBCC having previously taken the action is taken to include a reference to the former BSA having previously taken it.pt 17 (ss 324–327) ins 2013 No. 38 s 13Part 18Transitional provisions for Professional Engineers and Other Legislation Amendment Act 2014Division 1Preliminarydiv 1 (s 328) ins 2014 No. 56 s 39328DefinitionsIn this part—amended Act means this Act as amended by the amending Act.amending Act means the Professional Engineers and Other Legislation Amendment Act 2014.commencement means commencement of this section.former council means the PSC established under the unamended Act.unamended Act means this Act as in force immediately before the commencement.div 1 (s 328) ins 2014 No. 56 s 39Division 2Dissolution of former council and transfer of matters to QBCCdiv 2 (ss 329–338) ins 2014 No. 56 s 39329Dissolution(1)On the commencement—(a)the former council ceases to exist; and(b)the registrar and members of the former council go out of office.
(2)In this section—registrar means the person holding the office of registrar under the unamended Act immediately before the commencement.div 2 (ss 329–338) ins 2014 No. 56 s 39330Transfer of former fund(1)On the commencement—(a)any liabilities relating to the former fund are taken to be liabilities of the Pool Safety Fund; and(b)any amounts payable to the former fund immediately before the commencement are taken to be payable to the Pool Safety Fund.
(2)The chief executive must—(a)as soon as practicable after the commencement, do all things necessary to transfer to the Pool Safety Fund all funds held immediately before the commencement in the former fund; and(b)from time to time, transfer to the Pool Safety Fund any funds received that relate to the former fund.
(3)In this section—former fund means the Pool Safety Fund established under section 246FB as in force from time to time before the commencement.div 2 (ss 329–338) ins 2014 No. 56 s 39331Agreements, assets, liabilities and rights(1)On the commencement—(a)the former council’s assets, liabilities and rights vest in QBCC; and(b)QBCC is substituted for the former council in all agreements to which the former council was a party immediately before the commencement.
(2)Without limiting subsection (1), any amounts payable to the former council immediately before the commencement are, on the commencement, taken to be payable to QBCC.(3)In this section—agreement includes a lease, undertaking and contractual arrangement.div 2 (ss 329–338) ins 2014 No. 56 s 39332Pending applications(1)This section applies to an application made but not finally decided or withdrawn before the commencement—(a)under the unamended Act to the former council; or(b)by the former council to the tribunal.
(2)On and from the commencement, the application is taken to have been made—(a)if subsection (1)(a) applies—to the QBCC commissioner under the amended Act; or(b)if subsection (1)(b) applies—by the commissioner;
when it was made to or by the former council.(3)For deciding the application, if the context permits—(a)action taken by the former council before the commencement in relation to the application is action taken by the commissioner under the amended Act; and(b)the commissioner may be satisfied about a matter merely because the former council was satisfied about the matter under the unamended Act.
div 2 (ss 329–338) ins 2014 No. 56 s 39333Pending legal proceedings(1)A legal proceeding that has been started, or could have been started, by or against the former council before the commencement may be started or continued by or against the QBCC commissioner.(2)For section 256(1), the QBCC commissioner is taken to have knowledge of the commission of a past offence—(a)if the offence came to the former council’s knowledge; and(b)when the offence came to the former council’s knowledge.
(3)Subsection (4) applies if a prosecution for an offence against the unamended Act is started by a person under section 256(2) of that Act before the commencement.(4)On and from the commencement, the commissioner is taken to be the complainant for continuing the prosecution.(5)In this section—legal proceeding means a proceeding before a court or tribunal.past offence means an offence against this Act for which—(a)the alleged date of commission of the offence was before the commencement; and(b)the prosecution for the offence had not yet started on the commencement.
div 2 (ss 329–338) ins 2014 No. 56 s 39334Ministerial directions to former council(1)This section applies to a Ministerial direction given before the commencement to the former council by the Minister under section 246FG of the unamended Act.(2)The Ministerial direction is, if the context permits, taken to have been given to QBCC under the QBCC Act, section 9.div 2 (ss 329–338) ins 2014 No. 56 s 39335Records of former council(1)On the commencement, a record of the former council becomes a record of QBCC.(2)In this section—record includes a register kept by the former council under the unamended Act.div 2 (ss 329–338) ins 2014 No. 56 s 39336Continuing authorisation of investigators(1)This section applies to a person authorised by the former council under section 246CP(1) of the unamended Act as a person to whom a document must be produced.(2)On and from the commencement, the person is taken to have been authorised under section 246CP(1) of the amended Act as an investigator by the QBCC commissioner.(3)Action taken for an investigation under the unamended Act continues to have effect for the purpose of the amended Act.(4)If a notice given by the former council before the commencement under section 246CP of the unamended Act required a document to be produced at a time that is on or after the commencement, the notice is taken to require the document to be produced at that time to the QBCC commissioner.(5)Subsection (6) applies if, immediately before the commencement—(a)an identity card had been issued to the person under section 246CQ of the unamended Act; and(b)the card had not expired according to its terms.
(6)The card is taken to be an identity card issued to the person by the commissioner until the earlier of the following—(a)a new identity card is issued to the person by the commissioner under the amended Act;(b)the card expires according to its terms.
div 2 (ss 329–338) ins 2014 No. 56 s 39337Pending complaints and disciplinary matters under ch 8, pt 7(1)This section applies if, immediately before the commencement—(a)action is being taken by the former council under chapter 8, part 7, division 1 of the unamended Act in relation to a complaint; or(b)the tribunal is conducting a disciplinary proceeding under chapter 8, part 7, division 3 on an application by the former council.
(2)On and from the commencement, the complaint or application is taken to have been made to or by the QBCC commissioner under the amended Act.(3)For completing the action in relation to the complaint or completing the disciplinary proceeding—(a)steps taken by the former council before the commencement in relation to the complaint or proceeding are steps taken by the commissioner under the amended Act; and(b)the commissioner may be satisfied about a matter merely because the former council was satisfied about the matter under the unamended Act.
div 2 (ss 329–338) ins 2014 No. 56 s 39338Other administrative matters relating to former council(1)Subsection (2) applies to each of the following things in effect under the unamended Act immediately before the commencement—(a)a direction or notice given by the former council;Example—a direction to a pool safety inspector to attend training under section 246CY(4)(c)(b)a request, requirement or order made by the former council that has not been fully complied with on the commencement;Example—a request of an applicant to give the former council further information or evidence to decide an application(c)a certificate or licence issued by the former council;(d)a decision of the former council.
(2)The thing continues in effect as if it had been given, issued or made by QBCC when the thing first took effect.(3)A code of conduct for pool safety inspectors made under section 246AZ of the unamended Act and in effect immediately before the commencement continues in effect, on and from the commencement, as if the code of conduct had been made by the QBCC commissioner.div 2 (ss 329–338) ins 2014 No. 56 s 39Division 3Transfer of matters from chief executive to QBCCdiv 3 (ss 339–340) ins 2014 No. 56 s 39339Pending applications to chief executive(1)This section applies to an application made, but not finally decided or withdrawn before the commencement, for approval of a pool safety management plan under the unamended Act, section 245M.(2)On and from the commencement, the application is taken to have been made to the QBCC commissioner under the amended Act.(3)For deciding the application, if the context permits—(a)action taken by the chief executive before the commencement in relation to the application is action taken by the commissioner under the amended Act; and(b)the commissioner may be satisfied about a matter merely because the chief executive was satisfied about the matter under the unamended Act.
div 3 (ss 339–340) ins 2014 No. 56 s 39340Other administrative matters relating to chief executiveAction taken by the chief executive under the unamended Act, chapter 8, part 2, division 6 before the commencement in relation to a pool safety management plan continues to have effect as if it had been taken by the QBCC commissioner when the action was first taken.div 3 (ss 339–340) ins 2014 No. 56 s 39Division 4Provisions about review of particular decisionsdiv 4 (s 341) ins 2014 No. 56 s 39341Pending reviews of relevant decisions(1)This section applies if, before the commencement—(a)an application for review of a relevant decision had been made but not decided or otherwise finally dealt with; or(b)the period in which a person was entitled to apply under the unamended Act for review of a relevant decision had started but not ended.
(2)The review of the relevant decision may be completed, or started and completed, as if—(a)the unamended Act continued to apply; and(b)the QBCC Act, part 7, division 3 did not apply for review of the decision.
(3)In this section—relevant decision means a decision under section 157, 169, 177, 204, 246BJ, 246BP, 246BT, 246BZ or 246CY.div 4 (s 341) ins 2014 No. 56 s 39Division 5Other mattersdiv hdg ins 2014 No. 56 s 39342References to former councilIn an Act or document, a reference to the former council may, if the context permits, be taken to be a reference to the QBCC commissioner.s 342 ins 2014 No. 56s 39343Effect on legal relationships(1)Nothing done under the amendments to this Act under the amending Act (the Act amendments)—(a)makes a relevant entity in breach of an instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or(b)except as provided for under the Act amendments, is taken to fulfil a condition that—(i)terminates, or allows a person to terminate, an instrument or obligation; or(ii)modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or(iii)allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or(iv)requires any money to be paid before its stated maturity.
(2)If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under the Act amendments, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.(3)If, apart from this Act, giving notice to a person would be necessary to do something under the Act amendments, the notice is taken to have been given.(4)In this section—relevant entity means—(a)the State or an employee or agent of the State; or(b)QBCC, or a member or relevant officer of QBCC.
s 343 ins 2014 No. 56s 39Part 18ATransitional provision for Local Government Electoral (Transparency and Accountability in Local Government) and Other Legislation Amendment Act 2017pt hdg ins 2017 No. 12 s 8B344Building development application approved before commencement(1)This section applies to a building development application approved by a private certifier before the commencement.(2)Former section 88 continues to apply in relation to the building development application as if the amending Act had not been enacted.(3)In this section—amending Act means the Local Government Electoral (Transparency and Accountability in Local Government) and Other Legislation Amendment Act 2017.former section 88 means section 88 as in force immediately before the commencement.s 344 prev s 344 ins 2014 No. 56s 39exp 10 November 2015 (see s 344(4))pres s 344 ins 2017 No. 12 s 8BPart 19Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016pt hdg ins 2016 No. 27 s 112345Existing building development applications(1)This section applies to an existing building development application.(2)This Act, as in force immediately before the commencement, continues to apply in relation to the application as if the Planning (Consequential) and Other Legislation Amendment Act 2016 had not been enacted.(3)In this section—existing building development application means a building development application, as defined in former section 6, to which the Planning Act, section 288 applies.former section 6 means section 6 as in force immediately before the commencement.s 345 ins 2016 No. 27 s 112Schedule 1The QDC on 14 June 2011section 13PartDescriptionFormer part reference
Siting and amenity—detached housing
MP 1.1Design and siting standard for single detached housing on lots under 450m2, but only—(a)the headings ‘application’ and ‘commencement’ and the words under those headings; and(b)performance criteria 1, 2, 3 and 6; and(c)the relevant acceptable solutions for the performance criteria; and(d)definitions relevant to the provisions mentioned in paragraphs (a) to (c)11
MP 1.2Design and siting standard for single detached housing on lots 450m2 and over, but only—(a)the headings ‘application’ and ‘commencement’ and the words under those headings; and(b)performance criteria 1, 2, 3 and 6; and(c)the relevant acceptable solutions for the performance criteria; and(d)definitions relevant to the provisions mentioned in paragraphs (a) to (c)12
MP 1.3Design and siting standards for duplex housing—
Fire safety
MP 2.1Fire safety in budget accommodation buildings14
MP 2.2Fire safety in residential care buildings14.1
MP 2.3Fire safety in existing residential buildings (pre 1 June 2007)—
Special buildings and structures
MP 3.1Floating buildings31
MP 3.2Tents28
MP 3.3Temporary accommodation buildings and structures—
MP 3.4Swimming pool barriers—
Building sustainability
MP 4.1Sustainable buildings29
MP 4.2Water savings targets25
MP 4.3Alternative water sources—commercial buildings—
MP 4.4Buildings in a transport noise corridor—
General health, safety and amenity
MP 5.1Workplaces1
MP 5.2Higher risk personal appearance services15
MP 5.3Retail meat premises4
MP 5.4Child care centres22
MP 5.5Private health facilities7
MP 5.6Pastoral workers’ accommodation21
MP 5.7Residential services building standard20
MP 5.8Workplaces involving spray painting2
Maintenance of buildings
MP 6.1Maintenance of fire safety installations—
sch 1 ins 2006 No. 36 s 69sub 2008 No. 13 s 15; 2009 No. 51 s 33; 2010 No. 21 s 19; 2011 No. 27 s 235Schedule 2Dictionarysection 42010 Act commencement day means the day the Building and Other Legislation Amendment Act (No. 2) 2010, part 4, commences.def 2010 Act commencement day ins 2010 No. 35 s 32(2)accepted building work see section 21(3).def accepted building work ins 2016 No. 27 s 113(2)accepted development see the Planning Act, section 44(4).def accepted development ins 2016 No. 27 s 113(2)accommodation agreement see section 231A.def accommodation agreement ins 2010 No. 35 s 32(2)amd 2011 No. 1 s 147(2)accreditation standards body see section 184(1).def accreditation standards body ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)accrediting auditor ...def accrediting auditor ins 1998 No. 13 s 9om from prev s 3 2002 No. 77 s 161(1)accrediting body ...def accrediting body ins 1998 No. 13 s 9om from prev s 3 2002 No. 77 s 161(1)adjoining land see section 245XA.def adjoining land ins 2011 No. 27 s 222(2)adjoining owner, for chapter 8, part 2A, see section 245XA.def adjoining owner ins 2011 No. 27 s 222(2)advice agency ...def advice agency ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2om 2016 No. 27 s 113(1)AIBS means the Australian Institute of Building Surveyors.def AIBS ins 2006 No. 36 s 70(3)allotment means a separate, distinct parcel of land on which a building is to be built, or is built.def allotment ins 2006 No. 36 s 70(3)alterations, to an existing building or structure, includes additions to the building or structure.def alterations ins 2006 No. 36 s 70(3)alternative solution means a material, system, method of building or other thing, other than the following, intended to be used by a person to comply with relevant performance requirements—(a)if the relevant performance requirements are under the BCA—a building solution under the BCA that complies with the deemed-to-satisfy provisions under the BCA for the performance requirements;(b)if the relevant performance requirements are under the QDC—an acceptable solution under the QDC for the performance requirements.
def alternative solution ins 2006 No. 36 s 70(3)amending Act, for chapter 11, part 10, see section 290.def amending Act ins 2010 No. 35 s 32(2)another relevant Act means any of the following—(a)the Planning Act;(b)Queensland Building and Construction Commission Act 1991;(c)Building and Construction Industry (Portable Long Service Leave) Act 1991;(d)a law of another State or New Zealand that provides for the same matter as this Act or a provision of this Act.
def another relevant Act ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2; 2013 No. 38 s 14 sch 1appropriately licensed for—(a)a building certifying function—means licensed under chapter 6, part 3, division 1 at a level that allows the licensee to carry out that function; or(b)a private certifying function—means licensed as mentioned in paragraph (a) and endorsed under chapter 6, part 3, division 3, in a way that allows the licensee to carry out that function.
def appropriately licensed ins 2006 No. 36 s 70(3)approval documents, for a building development application, means each of the following—(a)the decision notice or negotiated decision notice for the application;(b)a copy of the plans, drawings and specifications and other documents and information lodged by the applicant, stamped approved or otherwise endorsed by the assessment manager;(c)a list of required fire safety installations and required special fire services applying to the building work;(d)certificates relied on to decide the application;(e)a list, in the approved form, of any of the following information relied on to decide the application—(i)the physical characteristics and location of infrastructure related to the application;(ii)local government easements, encumbrances or estates or interests in land likely to be relevant to the application;(iii)site characteristic information likely to affect the assessment of the application;Examples—•design levels of proposed road or footway works•design or location of stormwater connections•design or location of vehicle crossings•details of any heritage listed buildings•discharge of swimming pool backwash water•flood level information•limitations on driveway gradients•limitations on the capacity of sewerage, stormwater and water supply services•location of any erosion control districts•location of contaminated land•location of landslip areas•location of mine subsidence areas
(f)if the application relates to building work that uses an alternative solution and the assessment manager approved the application on the basis of the alternative solution—the statement required under section 68A.
def approval documents ins 2006 No. 36 s 70(3)amd 2006 No. 59 s 28(1)approved form means a form approved under section 254.def approved form ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schapproved pool safety management plan means a pool safety management plan approved and in effect under chapter 8, part 2, division 6.def approved pool safety management plan ins 2010 No. 35 s 32(2)approved training course means a training course approved by the QBCC commissioner under section 246DG.def approved training course ins 2010 No. 21 s 20(2)sub 2012 No. 11 s 19(1)–(2)amd 2014 No. 56 s 68 sch 1area ...def area om from prev s 3 1993 No. 70 s 804 schassessable development see the Planning Act, section 44(3).def assessable development ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schamd 2006 No. 59 s 28(2); 2008 No. 13 s 2 sch; 2009 No. 36 s 872 sch 2; 2016 No. 27 s 113(3)assessment category, for an RCB, for chapter 7A, see section 231AD.def assessment category ins 2011 No. 27 s 236(2)assessment manager see section 11.def assessment manager ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)assessor ...def assessor ins 2010 No. 21 s 20(2)om 2012 No. 11 s 19(1)assistant building surveyor, for chapter 11, part 15, see section 311.def assistant building surveyor ins 2006 No. 36 s 70(3)sub 2012 No. 3 s 19(1), (4)auditor see section 195(1).def auditor ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schauthorised officer means—(a)a fire service officer under the Fire and Emergency Services Act 1990; or(b)an authorised person under the City of Brisbane Act 2010 or the Local Government Act 2009 carrying out functions relating to this Act.
def authorised officer ins 2011 No. 27 s 236(2)amd 2013 No. 30 s 9 sch 1; 2014 No. 17 s 184 sch 1 pt 2bathroom, for chapter 8A, part 2, see section 246M.def bathroom ins 2009 No. 51 s 34(2)BCA see section 12.def BCA ins 2006 No. 36 s 70(3)BCA classification, for a building, means its classification under BCA.Note—For the classifications under the BCA, see BCA, part A3.def BCA classification ins 2006 No. 36 s 70(3)BCA classification change ...def BCA classification change ins 2006 No. 36 s 70(3)om 2009 No. 51 s 34(1)BCA classification or use change see section 109.def BCA classification or use change ins 2009 No. 51 s 34(2)BSA ...def BSA ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schom 2013 No. 38 s 14 sch 1budget accommodation building see section 216.def budget accommodation building ins 2006 No. 36 s 70(3)build includes—(a)starting or continuing to build; and(b)doing, or starting or continuing to do, work in the course of or for building; and(c)performing structural work or altering or adding to a building; and(d)moving a building from 1 position to a different position (whether on the same allotment, another allotment or partly on the same and partly on another allotment).
def build ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schbuilding—1A building is a fixed structure that is wholly or partly enclosed by walls or is roofed.2The term includes a floating building and any part of a building.
def building amd 1991 No. 52 s 2.5(a)sub 1998 No. 13 s 9reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)amd 2009 No. 51 s 34(3)building and development dispute resolution committee ...def building and development dispute resolution committee ins 2009 No. 36 s 872 sch 2om 2016 No. 27 s 113(1)building and development tribunal ...def building and development tribunal ins 2005 No. 14 s 2 schamd 2006 No. 36 s 70(4)om 2009 No. 36 s 872 sch 2building assessment provisions see section 30.def building assessment provisions ins 2006 No. 36 s 70(3)sub 2016 No. 27 s 113(1)–(2)building assessment work see section 7.def building assessment work ins 2006 No. 36 s 70(3)building certifier see section 8.def building certifier ins 1998 No. 13 s 9sub 1998 No. 31 s 60(1)–(2); 2002 No. 77 s 161(1)–(2)reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)building certifier–level 1 means a building certifier who, under section 151, is licensed as a building certifier–level 1.def building certifier–level 1 ins 2012 No. 3 s 19(4)building certifier–level 2 means a building certifier who, under section 151, is licensed as a building certifier–level 2.def building certifier–level 2 ins 2012 No. 3 s 19(4)building certifier–level 3 means a building certifier who, under section 151, is licensed as a building certifier–level 3.def building certifier–level 3 ins 2012 No. 3 s 19(4)building certifying function see section 10.def building certifying function ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)Building Code of Australia see section 12.def Building Code of Australia ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)building development application see section 6(1).def building development application ins 2006 No. 36 s 70(3)sub 2016 No. 27 s 113(1)–(2)building development approval means a development approval to the extent it approves a building development application.def building development approval ins 2006 No. 36 s 70(3)amd 2017 No. 12 s 9(2)building site means a place where building work has been, is being, or is about to be, carried out.def building site ins 2006 No. 36 s 70(3)building surveying technician, for chapter 11, part 15, see section 311.def building surveying technician ins 2006 No. 36 s 70(3)sub 2012 No. 3 s 19(1), (4)building surveyor, for chapter 11, part 15, see section 311.def building surveyor ins 2006 No. 36 s 70(3)sub 2012 No. 3 s 19(1), (4)building tribunal ...def building tribunal prev def ins 1991 No. 52 s 2.5(b)om from prev s 3 1998 No. 13 s 9building work see section 5.def building work ins 1984 No. 45 s 5(a)amd 1991 No. 52 s 2.5(c); 1993 No. 70 s 804 schsub 1998 No. 13 s 9reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)by-law ...def by-law om from prev s 3 1993 No. 70 s 804 schcertificate of classification—1A certificate of classification, for a building or structure, is a certificate about its BCA classification, given under chapter 5, that, under section 106, is still in force.2The term includes an interim certificate of classification given under section 104.
def certificate of classification ins 2006 No. 36 s 70(3)certificate of competency ...def certificate of competency ins 2010 No. 21 s 20(2)om 2012 No. 11 s 19(1)certificate requirements see section 102(2).def certificate requirements ins 2006 No. 36 s 70(3)certify, for building work, means certifying, under this Act, that the work complies with the building development approval.def certify ins 2006 No. 36 s 70(3)Chairman ...def Chairman ins 1978 No. 47 s 5om from prev s 3 1998 No. 13 s 9chairperson ...def chairperson om from prev s 3 1993 No. 70 s 804 schchange application means a change application under the Planning Act.def change application ins 2016 No. 27 s 113(2)chief executive (health) means the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered.def chief executive (health) ins 2010 No. 35 s 32(2)sub 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)class, for a building or structure, means its particular BCA classification.def class ins 2006 No. 36 s 70(3)client, of a private certifier, see section 138(5).def client ins 2006 No. 36 s 70(3)code of conduct see section 129(1).def code of conduct ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)code of conduct for pool safety inspectors see section 246AZ(1).def code of conduct for pool safety inspectors ins 2010 No. 21 s 20(2)commencement, for chapter 11, part 15, see section 311.def commencement, for chapter 11, part 15, ins 2012 No. 3 s 19(4)def commencement, for chapter 11, part 16, ins 2013 No. 5 s 65commencement, for chapter 11, part 16, see section 316.Commercial and Consumer Tribunal ...def Commercial and Consumer Tribunal ins 2005 No. 14 s 2 schom 2009 No. 24 s 1285(1)Committee ...def Committee om from prev s 3 1998 No. 13 s 9common areas, for a residential park, see the Manufactured Homes (Residential Parks) Act 2003, schedule.def common areas ins 2010 No. 35 s 32(2)complaint means—(a)for chapter 6—a complaint made under chapter 6, part 4 about a building certifier or former building certifier; or(b)for chapter 8—a complaint made under chapter 8, part 7 about a pool safety inspector or former pool safety inspector.
def complaint ins 1998 No. 13 s 9sub 2002 No. 77 s 161(1)–(2)reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3); 2010 No. 21 s 20(1)–(2)compliance audit ...def compliance audit ins 2010 No. 21 s 20(2)om 2012 No. 11 s 19(1)compliance certificate see section 10(b).def compliance certificate ins 2006 No. 36 s 70(3)complies, with the BCA or QDC, see section 14.def complies ins 2006 No. 36 s 70(3)complying pool, for chapter 8, see section 231A.def complying pool ins 2010 No. 21 s 20(2)concurrence agency ...def concurrence agency ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2om 2016 No. 27 s 113(1)condition time, for chapter 4, part 7, division 2, see section 94(1).def condition time ins 2006 No. 36 s 70(3)construct, for a regulated pool, includes install or place the pool on land, including within a building.Examples—1A person constructs a regulated pool if the person installs the pool above ground level on land or in a building.2A person constructs a regulated pool if the pool is portable and the person places it, ready to be filled with water, on land or in a building.
def construct ins 2003 No. 53 s 4(1)reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(7); 2010 No. 21 s 3 schsub 2010 No. 35 s 32(1)–(2)convicted, of a relevant offence—1Convicted, of a relevant offence, is a conviction, other than a spent conviction, for an offence—(a)under this Act or another relevant Act; or(b)involving fraud or dishonesty; or(c)against a law of another State if the act or omission that constitutes the offence would, if it happens in Queensland, be an offence under this Act or another relevant Act; or(d)committed anywhere in Australia before this section commenced that, apart from the non-commencement of this section, would have been an offence mentioned in paragraph (a) or (b).
2For paragraph 1—(a)a conviction includes a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded; and(b)a spent conviction is a conviction—(i)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and(ii)that is not revived as prescribed by section 11 of that Act.
def convicted ins 2006 No. 36 s 70(3)amd 2012 No. 3 s 132 schcourt means the Planning and Environment Court.def court ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schcriminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than for a conviction—(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and(b)that is not revived as prescribed by section 11 of that Act.
def criminal history ins 2010 No. 21 s 20(2)current sustainability declaration ...def current sustainability declaration ins 2009 No. 51 s 34(2)om 2012 No. 8 s 9decision notice, for a development application or change application, means the decision notice given under the Planning Act about the decision on the application.def decision notice ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2sub 2016 No. 27 s 113(1)–(2)decision period, for an application made under chapter 8, means—(a)40 business days after the application is made; or(b)if the QBCC commissioner asks for further information or documents to decide the application, the sum of the following days after the application is made—(i)40 business days;(ii)the number of business days from the day the commissioner asks for the further information or documents to the day the commissioner receives the further information or documents.
def decision period ins 2010 No. 21 s 20(2)amd 2014 No. 56 s 68 sch 1demolition/removal completion condition see section 71(4).def demolition/removal completion condition ins 2006 No. 36 s 70(3)development application means a development application under the Planning Act.def development application ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(4); 2009 No. 36 s 872 sch 2sub 2016 No. 27 s 113(1)–(2)development approval means a development approval under the Planning Act.def development approval ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(4); 2009 No. 36 s 872 sch 2sub 2016 No. 27 s 113(1)–(2)development approval endorsement see section 160(b).def development approval endorsement ins 2006 No. 36 s 70(3)development permit means a development permit under the Planning Act.def development permit ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(4); 2009 No. 36 s 872 sch 2sub 2016 No. 27 s 113(1)–(2)development tribunal means a tribunal established under the Planning Act, section 235.def development tribunal ins 2016 No. 27 s 113(2)Director ...def Director sub 1993 No. 70 s 804 schom from prev s 3 1998 No. 13 s 9disciplinary finding ...def disciplinary finding ins 1998 No. 13 s 9om from prev s 3 2002 No. 77 s 161(1)dividing fence, for chapter 8, part 2A, see section 245XA.def dividing fence ins 2011 No. 27 s 222(2)def dividing fence ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schamd 2011 No. 25 s 105 sch 1 pt 2; 2013 No. 3 s 60 sch 1dividing fence has the meaning given by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.eligible course provider ...def eligible course provider ins 2010 No. 21 s 20(2)om 2012 No. 11 s 19(1)energy efficient, for chapter 8A, part 2, see section 246M.def energy efficient ins 2009 No. 51 s 34(2)enforcement action means the giving, under chapter 9, of a show cause notice and an enforcement notice and taking action under the Planning Act, chapter 5, part 3.def enforcement action ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 113(4)enforcement notice see section 248(1).def enforcement notice ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schengagement, of a private certifier, see section 138(4).def engagement ins 2006 No. 36 s 70(3)erect ...def erect om from prev s 3 1998 No. 13 s 9exemption period, for chapter 11, part 11, see section 301.def exemption period ins 2011 No. 1 s 147(1)fence, for chapter 8, part 2A, see section 245XA.def fence ins 2011 No. 27 s 222(2)fencing standards, for chapter 11, part 10, see section 290.def fencing standards ins 2003 No. 53 s 4(1)reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(7); 2010 No. 21 s 3 schsub 2010 No. 35 s 32(1)–(2)fencing work see section 245XA.def fencing work ins 2011 No. 27 s 222(2)final inspection certificate, for building work, see section 10(d)(ii).def final inspection certificate ins 2006 No. 36 s 70(3)fire safety installation—1A fire safety installation, for a building or structure, means any of the following items for the building or structure—(a)structural features—•access panels through fire-rated construction•fire control centres•fire curtains•fire dampers•fire shutters and fire doors•fire windows•penetrations through fire-rated construction•structural fire protection•systems required to have a fire-resistance level
(b)fire protection systems—•air-handling systems•fire detection and alarm systems•smoke and heat venting systems•smoke exhaust systems•special automatic fire suppression systems (including foam, deluge and gas flooding systems)•sprinklers (including wall-wetting sprinklers)•stairwell pressurisation systems
(c)firefighting equipment—•fire extinguishers (portable)•fire hose reels•fire hydrants (including hydrant boosters)•fire mains
(d)occupant safety features—•emergency lifts•emergency lighting•emergency power supply•emergency warning and intercommunication systems•exit door hardware•exit signs•fire doors•smoke proof doors•solid core doors
(e)other features—•services provided under conditions imposed under section 79•services required under BCA, clause E1.10•vehicular access for large isolated buildings.
2However, the term does not include interconnected alarms in budget accommodation buildings to which chapter 7, part 3 applies.3Also, if an alternative solution to a performance requirement under the BCA relating to the fire safety system has been used for a building or structure, a fire safety installation, for the building or structure, includes any thing required to comply with the alternative solution.
def fire safety installation ins 2006 No. 36 s 70(3)amd 2008 No. 13 s 16(1)fire safety management plan see the Fire and Emergency Services Act 1990, section 104FC.def fire safety management plan reloc from s 215 2006 No. 36 s 8(4)amd 2014 No. 17 s 184 sch 1 pt 2fire safety (RCB) compliance certificate, for chapter 7A, see section 231AI(6).def fire safety (RCB) compliance certificate ins 2011 No. 27 s 236(2)fire safety standard see section 217(1).def fire safety standard ins 2006 No. 36 s 70(3)fire safety standard (RCB) see section 231AE.def fire safety standard (RCB) ins 2011 No. 27 s 236(2)fire safety system, for chapter 7, see section 215.def fire safety system ins 2006 No. 36 s 70(3)floor area, for a building, means the gross area of all floors in the building measured over the enclosing walls other than the area of a verandah, roofed terrace, patio, garage or carport in or attached to the building.def floor area ins 2006 No. 36 s 70(3)former building certifier means an individual who—(a)was a building certifier when a building certifying function, the subject of a complaint, was performed; but(b)is not licensed when—(i)the complaint, or the decision taken about the complaint under section 204(1), is made; or(ii)the tribunal makes an order under section 212.
def former building certifier ins 2002 No. 77 s 161(2) (amd 2003 No. 30 s 169 sch 1)reloc 2004 No. 53 s 2 schamd 2005 No. 14 s 2 schsub 2006 No. 36 s 70(2)–(3)amd 2009 No. 24 s 1285(3)former pool safety inspector means an individual who—(a)was a pool safety inspector when a pool safety inspection function, the subject of a complaint, was performed; but(b)is not licensed as a pool safety inspector when—(i)the complaint, or the decision taken about the complaint under section 246CY(1), is made; or(ii)the tribunal makes an order under section 246DD.
def former pool safety inspector ins 2010 No. 21 s 20(2)fund see section 246G.def fund ins 2010 No. 21 s 20(2)amd 2014 No. 56 s 40(3)ground for disciplinary action, against a pool safety inspector or former pool safety inspector, includes the following—(a)conduct that shows incompetence, or a lack of adequate knowledge, skill, judgment, integrity, diligence or care in performing pool safety inspection functions;(b)conduct that compromises the health or safety of a person;(c)conduct that is contrary to a function under this Act, including, for example—(i)disregarding relevant and appropriate matters; and(ii)acting outside the scope of the pool safety inspector’s powers; and(iii)acting beyond the scope of the pool safety inspector’s competence; and(iv)contravening the code of conduct for pool safety inspectors;
(d)seeking, accepting or agreeing to accept a benefit, whether for the benefit of the pool safety inspector or another person, as a reward or inducement to act in contravention of this Act;(e)failing to comply with an order of the QBCC commissioner or the tribunal;(f)accumulating the number of demerit points prescribed under a regulation for this provision in the period prescribed under a regulation;(g)fraudulent or dishonest behaviour in performing pool safety inspection functions;(h)other improper or unethical conduct;(i)conduct that is of a lesser standard than the standard that might reasonably be expected of the pool safety inspector by the public or the pool safety inspector’s professional peers.
def ground for disciplinary action ins 2010 No. 21 s 20(2)amd 2014 No. 56 s 68 sch 1homestay or assisted accommodation agreement, for chapter 8, see section 231A.def homestay or assisted accommodation agreement ins 2010 No. 35 s 32(2)IDAS ...def IDAS ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2om 2016 No. 27 s 113(1)identification number, for a pool safety certificate, see section 246AJ(2).def identification number ins 2010 No. 21 s 20(2)imposed condition see section 69(4).def imposed condition ins 2006 No. 36 s 70(3)indoor swimming pool means—(a)a swimming pool completely enclosed by the walls of a building; or(b)a swimming pool on a deck or roof top of a building if the pool is, under the usual ways of entering or leaving the building, only accessible from the inside of the building.
def indoor swimming pool ins 1998 No. 13 s 9amd 2003 No. 53 s 4(2)reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(4A)sub 2010 No. 35 s 32(1)–(2)information notice, for a decision, means—(a)if the decision may be appealed under the Planning Act—a notice stating—(i)the decision, and the reasons for it; and(ii)all rights of appeal against the decision under the Planning Act; and(iii)how the rights are to be exercised; or
(b)if the decision is a decision of the QBCC commissioner under section 157, 169, 177, 204, 246BJ, 246BP, 246BT, 246BZ or 246CY, a notice stating the following—(i)the decision;(ii)the reasons for it;(iii)that the person to whom the notice is given may, within 28 days after the person is given the notice—(A)apply to QBCC for internal review of the decision under the QBCC Act, part 7, division 3; or(B)apply to the tribunal for external review of the decision under the QBCC Act, part 7, division 3;
(iv)how to apply for review of the decision.
def information notice ins 2006 No. 36 s 70(3)sub 2009 No. 24 s 1285(1)–(2)amd 2009 No. 36 s 872 sch 2; 2014 No. 56 s 40(4)inspection, of a regulated pool, means an inspection of the pool carried out under best industry practice.def inspection ins 2010 No. 21 s 20(2)inspection documentation, for inspection of building work, means the following documents given for the building work—(a)a compliance certificate;(b)a notice, given to the builder for the work by or for the building certifier about an inspection of the work;(c)a certificate about an inspection under this Act;(d)a final inspection certificate;(e)a certificate of classification;(f)a certificate relating to the inspection of the building work relied on by the relevant building certifier.
def inspection documentation ins 2006 No. 36 s 70(3)interim development control provisions ...def interim development control provisions ins 1993 No. 70 s 804 schom from prev s 3 1998 No. 13 s 9investigator see section 246CP(1).def investigator ins 2010 No. 21 s 20(2)IPA ...def IPA ins 2006 No. 36 s 70(3)om 2009 No. 36 s 872 sch 2IPA Regulation ...def IPA Regulation ins 2006 No. 36 s 70(3)om 2009 No. 36 s 872 sch 2LGAQ means the LGAQ Ltd. under the Local Government Act 2009, section 287(2).def LGAQ ins 2011 No. 27 s 242licence means—(a)generally—a licence as a building certifier, issued under chapter 6, part 3; or(b)for chapter 8—a licence as a pool safety inspector, issued under chapter 8, part 6.
def licence ins 2006 No. 36 s 70(3)sub 2010 No. 21 s 20(1)–(2)licensed builder means a licensed builder under the Queensland Building and Construction Commission Act 1991.def licensed builder ins 2006 No. 36 s 70(3)amd 2013 No. 38 s 14 sch 1local authority ...def local authority om from prev s 3 1993 No. 76 s 3 sch 1local government ...def local government ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schom 2006 No. 36 s 70(2)local government building certifier for—(a)a building—means a building certifier appointed or employed by the local government for the building; or(b)a building development application or development approval—means a building certifier appointed or employed by the local government for the application or approval; or(c)for a provision about an RCB to which chapter 7A applies—means a building certifier appointed or employed by the relevant local government.
def local government building certifier ins 2006 No. 36 s 70(3)amd 2011 No. 27 s 236(3)local planning instrument means a local planning instrument under the Planning Act.def local planning instrument ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(4); 2009 No. 36 s 872 sch 2sub 2016 No. 27 s 113(1)–(2)manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10.def manufactured home ins 2010 No. 35 s 32(2)member, of a person’s family, means the person and each of the following—(a)the person’s spouse;(b)the parents of the person or the person’s spouse;(c)the grandparents of the person or the person’s spouse;(d)a brother, sister, nephew, niece or first cousin of the person or the person’s spouse;(e)a child, stepchild or grandchild of the person;(f)the spouse of anyone mentioned in paragraph (b), (c), (d) or (e).
def member, of a person’s family, ins 2010 No. 35 s 32(2)sub 2011 No. 27 s 236(1)–(2)def member, of PSC, ins 2010 No. 21 s 20(2)om 2014 No. 56 s 40(1)Minister ...def Minister sub 1991 No. 52 s 2.5(d)om from prev s 3 1993 No. 76 s 3 sch 1Ministerial direction ...def Ministerial direction ins 2010 No. 21 s 20(2)om 2014 No. 56 s 40(1)minor repairs see section 246BE(1).def minor repairs ins 2010 No. 21 s 20(2)moveable dwelling see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.def moveable dwelling ins 2010 No. 35 s 32(2)moveable dwelling park see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.def moveable dwelling park ins 2010 No. 35 s 32(2)moveable dwelling premises see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.def moveable dwelling premises ins 2010 No. 35 s 32(2)national accreditation framework ...def national accreditation framework ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schom 2006 No. 36 s 70(2)negotiated decision notice see the Planning Act, section 76(3).def negotiated decision notice ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 113(5)Neighbourhood Disputes Act means the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.def Neighbourhood Disputes Act ins 2011 No. 27 s 222(2)amd 2013 No. 3 s 60 sch 1neighbouring pool see section 245XA.def neighbouring pool ins 2011 No. 27 s 222(2)notice means a written notice.def notice ins 2006 No. 36 s 70(3)notice of proposed fencing work see section 245XA.def notice of proposed fencing work ins 2011 No. 27 s 222(2)outdoor swimming pool means a swimming pool other than an indoor swimming pool.def outdoor swimming pool ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schowner, for land, for chapter 8, part 2A, see section 245XA.def owner, for land, ins 2011 No. 27 s 222(2)def owner, of a building or structure, sub 1998 No. 13 s 9amd 2000 No. 4 s 94 schreloc 2004 No. 53 s 2 schamd 2009 No. 17 s 331 sch 1; 2013 No. 30 s 9 sch 1def owner, of a regulated pool, ins 2010 No. 35 s 32(2)owner, of a building or structure, means—(a)if the building or structure is subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985—(i)for a single lot in the building or structure—the registered proprietor; or(ii)for 2 or more lots in the building or structure—the primary thoroughfare body corporate; or
(b)if the building or structure is subject to the Mixed Use Development Act 1993—(i)for a single lot in the building or structure—the registered proprietor; or(ii)for 2 or more lots in the building or structure—the community body corporate; or
(c)subject to paragraphs (a) and (b), if the building or structure is subject to the Building Units and Group Titles Act 1980—(i)for a single lot in the building or structure—the registered proprietor; or(ii)for 2 or more lots in the building or structure—the body corporate; or
(d)if the building or structure is, under the Body Corporate and Community Management Act 1997, on scheme land for a single community titles scheme—(i)for a single lot in the building or structure—the registered proprietor; or(ii)for 2 or more lots in the building or structure—the body corporate for the scheme; or
(e)if the building or structure is, under the Body Corporate and Community Management Act 1997, on scheme land for 2 or more community titles schemes—(i)for a single lot in the building or structure—the registered proprietor; or(ii)for 2 or more lots in the building or structure—the body corporate for the community titles scheme that is a principal scheme; or
(f)if the building or structure is part of a time-sharing scheme and the name and address of a person has been notified under the City of Brisbane Act 2010 or the Local Government Act 2009 as the person who will accept service for the owners—the person; or(g)if the building or structure is on land being bought from the State for an estate in fee simple under the Land Act 1994—the buyer; or(h)if the building or structure is on land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994—the trustees of the land; or(i)if paragraphs (a) to (h) do not apply—the person for the time being entitled to receive the rent for the building or structure or would be entitled to receive the rent for the building or structure if the building or structure were let to a tenant at a rent.
owner, of a regulated pool, means—(a)for a regulated pool on land or in a building or structure that is subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985—(i)if the pool is situated on a single lot—the registered proprietor of the lot; or(ii)if the pool is situated on common property under the Act—the primary thoroughfare body corporate for the common property; or
(b)for a regulated pool on land or in a building or structure that is subject to the Mixed Use Development Act 1993—(i)if the pool is situated on a single lot—the registered proprietor of the lot; or(ii)if the pool is situated on a community property lot under the Act—the community body corporate for the lot; or
(c)subject to paragraphs (a) and (b), for a regulated pool on land or in a building or structure that is subject to the Building Units and Group Titles Act 1980—(i)if the pool is situated on a single lot—the registered proprietor of the lot; or(ii)if the pool is situated on common property under the Act—the body corporate for the common property; or
(d)for a regulated pool on land or in a building or structure that is, under the Body Corporate and Community Management Act 1997, on scheme land for a single community titles scheme—(i)if the pool is situated on a single lot—the registered proprietor of the lot; or(ii)if the pool is situated on common property under the Act for the community titles scheme—the body corporate for the scheme; or
(e)for a regulated pool on land or in a building or structure that is, under the Body Corporate and Community Management Act 1997, on scheme land for 2 or more community titles schemes—(i)if the pool is situated on a single lot—the registered proprietor of the lot; or(ii)if the pool is situated on common property under the Act for a community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or
(f)for a regulated pool on land, or in a building or structure on land, granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994—the trustees of the land; or(g)for a regulated pool situated on a moveable dwelling or the site in a moveable dwelling park where the dwelling is situated—(i)generally—the owner of the moveable dwelling; or(ii)if the occupier of the moveable dwelling is the owner of the pool but not the owner of the dwelling—the occupier; or
(h)for a regulated pool on a moveable dwelling park, other than on moveable dwelling premises in the park—the owner of the park; or(i)for a regulated pool on a manufactured home in a residential park, or on the site in the park where the home is situated—(i)generally—the owner of the manufactured home; or(ii)if the occupier of the manufactured home is the owner of the pool but not the owner of the home—the occupier; or
(j)for a regulated pool on the common areas of a residential park—the owner of the residential park; or(k)if paragraphs (a) to (j) do not apply—(i)generally—the owner of the land, building or structure on which the pool is situated; or(ii)if the occupier of the land, building or structure, or that part of any land, building or structure, on which the pool is situated is the owner of the pool but not the owner of the land, building or structure—the occupier.
performance requirements means any of the following—(a)the performance requirements under the BCA;(b)the performance criteria under the QDC;(c)a requirement for the assessment of building work for which a discretion may need to be exercised under this Act.
def performance requirements ins 2006 No. 36 s 70(3)Planning Act means the Planning Act 2016.def Planning Act ins 2009 No. 36 s 872 sch 2sub 2016 No. 27 s 113(1)–(2)planning application ...def planning application ins 1993 No. 70 s 804 schom from prev s 3 1998 No. 13 s 9planning scheme means a planning scheme under the Planning Act.def planning scheme ins 1993 No. 70 s 804 schom from prev s 3 1998 No. 13 s 9ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2sub 2016 No. 27 s 113(1)–(2)planning scheme area ...def planning scheme area ins 1993 No. 70 s 804 schom from prev s 3 1998 No. 13 s 9pool barrier see section 245XA.def pool barrier ins 2011 No. 27 s 222(2)pool immersion incident, for chapter 8, see section 231A.def pool immersion incident ins 2010 No. 35 s 32(2)pool owner see section 245XA.def pool owner ins 2003 No. 53 s 4(1)reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(7); 2010 No. 21 s 3 schom 2010 No. 35 s 32(1)ins 2011 No. 27 s 222(2)pool safety certificate see section 231C(a).def pool safety certificate ins 2010 No. 21 s 20(2)pool safety inspection function, for chapter 8, see section 231C.def pool safety inspection function ins 2010 No. 21 s 20(2)pool safety inspector means an individual who, under chapter 8, part 6, is licensed as a pool safety inspector.def pool safety inspector ins 2010 No. 21 s 20(2)pool safety inspectors register see section 246CB(1).def pool safety inspectors register ins 2010 No. 21 s 20(2)pool safety inspector test means a test of knowledge of pool safety and the performance of pool safety inspection functions, approved by the QBCC commissioner.def pool safety inspector test ins 2010 No. 21 s 20(2)amd 2014 No. 56 s 68 sch 1pool safety management plan see section 245K.def pool safety management plan ins 2010 No. 35 s 32(2)pool safety measures see section 245M(3).def pool safety measures ins 2010 No. 35 s 32(2)pool safety standard, for chapter 8, see section 231D.def pool safety standard ins 2010 No. 21 s 20(2)pool safety standard application day, see section 231A.def pool safety standard application day ins 2010 No. 35 s 32(2)pool site means a place where a regulated pool is situated.def pool site ins 2010 No. 21 s 20(2)portable wading pool means a pool that—(a)is capable of being filled with water to a depth of no more than 300mm; and(b)has a volume of no more than 2,000L; and(c)has no filtration system.
def portable wading pool ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schamd 2010 No. 35 s 32(3)preliminary approval means a preliminary approval under the Planning Act.def preliminary approval ins 2017 No. 12 s 9(1)prescribed building, for chapter 8A, part 2, see section 246M.def prescribed building ins 2009 No. 51 s 34(2)prescribed professional indemnity insurance means the professional indemnity insurance prescribed under a regulation.def prescribed professional indemnity insurance ins 2010 No. 21 s 20(2)previous, for chapter 11, part 10, see section 290.def previous, for chapter 11, part 10, ins 2010 No. 35 s 32(2)previous, for chapter 11, part 15, see section 311.def previous, for chapter 11, part 15, ins 2012 No. 3 s 19(4)previous, for chapter 11, part 16, see section 316.def previous, for chapter 11, part 16, ins 2013 No. 5 s 65private certification endorsement see section 160(a).def private certification endorsement ins 2006 No. 36 s 70(3)private certifier see section 9(1).def private certifier ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)private certifier (class A) see section 9(2).def private certifier (class A) ins 2006 No. 36 s 70(3)private certifier (class B) see section 9(3).def private certifier (class B) ins 2006 No. 36 s 70(3)private certifier employer see section 138(1)(b).def private certifier employer ins 2006 No. 36 s 70(3)private certifying functions see section 47(3).def private certifying functions ins 2006 No. 36 s 70(3)professional misconduct, for a building certifier or former building certifier, includes the following—(a)conduct that—(i)shows incompetence, or a lack of adequate knowledge, skill, judgment, integrity, diligence or care in performing building certifying functions; and(ii)compromises the health or safety of a person or the amenity of a person’s property or significantly conflicts with a local planning scheme; andExample of significantly conflicts with a local planning scheme—The approved building work compromises the outcomes sought by the planning scheme.(iii)is contrary to a function under this Act or another Act regulating building certifiers (including private certifiers for building work), including, for example—(A)disregarding relevant and appropriate matters; and(B)acting outside the scope of the building certifier’s powers; and(C)acting beyond the scope of the building certifier’s competence; and(D)contravening the code of conduct; and(E)falsely claiming the building certifier has the qualifications, necessary experience or licence to be engaged as a building certifier;
(b)seeking, accepting or agreeing to accept a benefit, whether for the benefit of the building certifier or another person, as a reward or inducement to act in contravention of—(i)this Act; or(ii)another Act regulating building certifiers, including private certifiers for building work;
(c)failing to comply with an order of the QBCC or the tribunal;(d)fraudulent or dishonest behaviour in performing building certifying functions;(e)other improper or unethical conduct;(f)repeated unsatisfactory conduct.
def professional misconduct ins 1998 No. 13 s 9sub 2000 No. 4 s 11; 2002 No. 77 s 161(1)–(2) (amd 2003 No. 30 s 169 sch 1)reloc 2004 No. 53 s 2 schamd 2005 No. 14 s 2 sch; 2009 No. 24 s 1285(4); 2013 No. 38 s 14 sch 1properly made application, for a building development application, means a building development application that—(a)if the application is a change application—(i)is an application that the responsible entity for the application must accept under the Planning Act, section 79(2)(a); or(ii)may be accepted by the responsible entity for the application under the Planning Act, section 79(2)(c) or (d); andEditor’s note—Subparagraph (ii) refers to a provision proposed to be inserted by an amendment in consideration in detail of the Planning Bill 2015.
(b)if the application is a development application—is a properly made application under the Planning Act; and(c)complies with any requirements under chapter 3 applying to the application.
def properly made application ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2sub 2016 No. 27 s 113(1)–(2)proposed regulated pool, for chapter 8, part 2A, see section 245XA.def proposed regulated pool ins 2011 No. 27 s 222(2)PSC ...def PSC ins 2010 No. 21 s 20(2)om 2014 No. 56 s 40(1)public sector entity means—(a)a department or part of a department; or(b)an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act for a public or State purpose.
def public sector entity ins 1998 No. 31 s 60(2)reloc 2004 No. 53 s 2 schpublish ...def publish ins 2009 No. 51 s 34(2)om 2012 No. 8 s 9QBC board means the Queensland Building and Construction Board established under the QBCC Act, section 10.def QBC board ins 2014 No. 56 s 40(2)QBCC means the Queensland Building and Construction Commission established under the QBCC Act, section 5.def QBCC ins 2013 No. 38 s 14 sch 1amd 2014 No. 56 s 40(5)QBCC Act means the Queensland Building and Construction Commission Act 1991.def QBCC Act ins 2014 No. 56 s 40(2)QBCC commissioner means the commissioner of QBCC.def QBCC commissioner ins 2014 No. 56 s 40(2)QDC see section 13.def QDC ins 2006 No. 36 s 70(3)QDC boundary clearance and site cover provisions means the aspects, mentioned in schedule 1, of parts MP 1.1 and MP 1.2 of the document called ‘Queensland Development Code’, published by the department.def QDC boundary clearance and site cover provisions ins 2006 No. 36 s 70(3)amd 2008 No. 13 s 16(2)QFES means the Queensland Fire and Emergency Service under the Fire and Emergency Services Act 1990.def QFES ins 2014 No. 17 s 184 sch 1 pt 4QFRS ...def QFRS ins 2006 No. 36 s 70(3)om 2014 No. 17 s 184 sch 1 pt 4qualification means a VET qualification under the National Vocational Education and Training Regulator Act 2011 (Cwlth).def qualification ins 2012 No. 11 s 19(2)sub 2014 No. 25 s 223 sch 1 pt 2Queensland Development Code see section 13.def Queensland Development Code ins 2006 No. 36 s 70(3)railway land, for chapter 8B, see section 246W.def railway land ins 2009 No. 51 s 34(2)RCB, for chapter 7A, see section 231AB.def RCB ins 2011 No. 27 s 236(2)RCB assessment report, for chapter 7A, see section 231AI(1).def RCB assessment report ins 2011 No. 27 s 236(2)RCB assessor, for chapter 7A, see section 231AF.def RCB assessor ins 2011 No. 27 s 236(2)referral agency means a referral agency under the Planning Act.def referral agency ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2referral agency’s response see the Planning Act, section 56(4).def referral agency’s response ins 2017 No. 12 s 9(1)amd 2016 No. 27 s 113(6) (amd 2017 No. 12 s 66)register, when used as a noun, means the register of building certifiers that QBCC keeps under section 179.def register ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)amd 2013 No. 38 s 14 sch 1registered training organisation ...def registered training organisation ins 2010 No. 21 s 20(2)om 2012 No. 11 s 19(1)Registrar ...def Registrar ins 1991 No. 52 s 2.5(e)om from prev s 3 1998 No. 13 s 9registrar ...def registrar ins 2010 No. 21 s 20(2)om 2014 No. 56 s 40(1)regulated land, for chapter 8, see section 231A.def regulated land ins 2010 No. 21 s 20(2)regulated pool ...def regulated pool ins 2010 No. 21 s 20(2)om 2011 No. 27 s 222(1)regulated pools register see section 246AS.def regulated pools register ins 2010 No. 21 s 20(2)regulated premises see section 246ATD.def regulated premises ins 2010 No. 35 s 32(2)amd 2011 No. 1 s 147(3)reinspection period see section 246AB(2)(d).def reinspection period ins 2010 No. 21 s 20(2)relevant advertisement ...def relevant advertisement ins 2009 No. 51 s 34(2)om 2012 No. 8 s 9relevant building surveying technician, for chapter 11, part 11, see section 301.def relevant building surveying technician ins 2011 No. 1 s 147(1)relevant certifying function, for chapter 11, part 11, see section 301.def relevant certifying function ins 2011 No. 1 s 147(1)relevant instrument, for chapter 8A, part 2, see section 246M.def relevant instrument ins 2009 No. 51 s 34(2)relevant period, for chapter 11, part 16, see section 316.def relevant period ins 2013 No. 5 s 65relevant regulated pool, for chapter 8, part 4, division 5, see section 246ATD.def relevant regulated pool ins 2010 No. 35 s 32(2)residential care building see section 231AC.def residential care building ins 2011 No. 27 s 236(2)residential land means land on which a class 1 or 2 building is constructed, or is to be constructed, and includes land—(a)adjacent to the land; and(b)in the same ownership as the land; and(c)used in association with the land.
def residential land ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(5)residential park see the Manufactured Homes (Residential Parks) Act 2003, section 12.def residential park ins 2010 No. 35 s 32(2)responsible entity, for a change application, means the responsible entity under the Planning Act for the application.def responsible entity ins 2016 No. 27 s 113(2)revocation notice—(a)for chapter 8, part 2, division 3—see section 242(3); and(b)for chapter 8, part 2, division 4—see section 245E(3).
def revocation notice ins 1998 No. 13 s 9amd 2003 No. 53 s 4(3)reloc 2004 No. 53 s 2 schsub 2010 No. 35 s 32(1)–(2)road, for chapter 8B, see section 246W.def road ins 2009 No. 51 s 34(2)self-assessable building work ...def self-assessable building work ins 2006 No. 36 s 70(3)amd 2009 No. 36 s 872 sch 2; 2009 No. 51 s 34(4)om 2016 No. 27 s 113(1)seller ...def seller ins 2009 No. 51 s 34(2)om 2012 No. 8 s 9shared pool, for chapter 8, see section 231A.def shared pool ins 2010 No. 21 s 20(2)show cause notice, for—(a)chapter 6, part 3—see section 175(1); or(b)chapter 6, part 4—see section 206(1); or(c)chapter 8, part 6, division 4, subdivision 2—see section 246BX(1); or(e)chapter 9—see section 247(1).
def show cause notice ins 1998 No. 13 s 9sub 2002 No. 77 s 161(1)–(2)reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)amd 2010 No. 21 s 20(3); 2010 No. 35 s 10 sch; 2012 No. 3 s 19(2)–(3); 2012 No. 11 s 19(3)show cause period, for—(a)chapter 6, part 3—see section 175(2)(f); or(b)chapter 6, part 4—see section 206(2)(c); or(c)chapter 8, part 6, division 4, subdivision 2—see section 246BX(2)(f).
def show cause period ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schsub 2006 No. 36 s 70(2)–(3)amd 2010 No. 21 s 20(4); 2010 No. 35 s 10 sch; 2012 No. 11 s 19(4)site works means each of the following—(a)building work of a type mentioned in section 5(1)(b) or (c);(b)drainage for the building work, other than drainage that is plumbing work or drainage work under the Plumbing and Drainage Act 2002.
def site works ins 2006 No. 36 s 70(3)solar hot water system, for chapter 8A, part 2, see section 246M.def solar hot water system ins 2009 No. 51 s 34(2)SPA compliance certificate ...def SPA compliance certificate ins 2009 No. 36 s 872 sch 2om 2016 No. 27 s 113(1)SPA compliance permit ...def SPA compliance permit ins 2009 No. 36 s 872 sch 2om 2016 No. 27 s 113(1)special fire service means any of the following—(a)fire mains (other than fire mains that connect only fire hose reels);(b)fire hydrants;(c)sprinklers (including wall-wetting sprinklers);(d)special automatic fire suppression systems (including foam, deluge and gas flooding systems);(e)fire detection and alarm systems (other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel);(f)fire control centres;(g)stairwell pressurisation systems;(h)air-handling systems used for smoke control;(i)smoke and heat venting systems;(j)smoke exhaust systems;(k)emergency warning and intercommunication systems;(l)emergency lifts;(m)vehicular access for large isolated buildings;(n)services provided under conditions imposed under section 79;(o)services required under the BCA, clause E1.10.
def special fire service ins 2006 No. 36 s 70(3)special purpose fence, for chapter 8, part 2A, see section 245XA.def special purpose fence ins 2011 No. 27 s 222(2)special structure means a structure that can not be classified under the BCA, part A3.def special structure ins 2006 No. 36 s 70(3)Standard Building Law ...def Standard Building Law ins 1993 No. 70 s 804 schom from prev s 3 1998 No. 13 s 9Standard Building Regulation ...def Standard Building Regulation ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schom 2006 No. 36 s 70(2)State includes territory.def State ins 2006 No. 36 s 70(3)State-controlled road, for chapter 8B, see section 246W.def State-controlled road ins 2009 No. 51 s 34(2)statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).def statement of attainment ins 2012 No. 11 s 19(2)sub 2014 No. 25 s 223 sch 1 pt 2structure includes a wall or fence and anything fixed to or projecting from a building, wall, fence or other structure.def structure amd 1984 No. 45 s 5(b)sub 1998 No. 13 s 9reloc 2004 No. 53 s 2 schsubstantially completed, for a building, see section 101.def substantially completed ins 2006 No. 36 s 70(3)sufficient dividing fence, for chapter 8, part 2A, see section 245XA.def sufficient dividing fence ins 2011 No. 27 s 222(2)supporting documents, for a building development application, see section 23.def supporting documents ins 2006 No. 36 s 70(3)sustainability declaration ...def sustainability declaration ins 2009 No. 51 s 34(2)om 2012 No. 8 s 9swimming pool means an excavation or structure—(a)capable of being filled with water to a depth of 300mm or more; and(b)capable of being used for swimming, bathing, wading, paddling or some other human aquatic activity; and(c)solely or principally used, or designed, manufactured or adapted to be solely or principally used, for the purposes mentioned in paragraph (b) despite its current use;
and includes a spa pool, spa tub or similar thing (whether portable or fixed) and a wading pool (other than a portable wading pool), but does not include—(d)a fish pond or pool solely or principally used, or designed, manufactured or adapted to be solely or principally used, for ornamental purposes; or(e)a dam or tank solely or principally used, or designed, manufactured or adapted to be solely or principally used, for aquaculture, marine research or storage of water; or(f)a watercourse; or(g)a portable wading pool; or(h)a spa bath situated in a bathroom, other than a spa bath continually filled with water to a depth of more than 300mm; or(i)a birthing pool used solely for waterbirths.
def swimming pool ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schamd 2010 No. 35 s 32(4)The Commissioner of Fire Service ...def The Commissioner of Fire Service ins 1991 No. 52 s 2.5(f)om from prev s 3 1998 No. 13 s 9this Act ...def this Act ins 1991 No. 52 s 2.5(f)om from prev s 3 1993 No. 76 s 3 sch 1tourist resort complex ...def tourist resort complex ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schom 2006 No. 36 s 70(2)training course guidelines ...def training course guidelines ins 2010 No. 21 s 20(2)om 2012 No. 11 s 19(1)transport chief executive, for chapter 8B, see section 246W.def transport chief executive ins 2009 No. 51 s 34(2)Transport Infrastructure Act, for chapter 8B, see section 246W.def Transport Infrastructure Act ins 2009 No. 51 s 34(2)transport noise corridor see section 246W.def transport noise corridor ins 2009 No. 51 s 34(2)treat, for chapter 8A, part 2, see section 246M.def treat ins 2009 No. 51 s 34(2)Tribunal ...def Tribunal ins 1984 No. 45 s 5(c)om from prev s 3 1991 No. 52 s 2.5(g)tribunal means QCAT.def tribunal ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schom 2005 No. 14 s 2 schdef tribunal ins 2002 No. 77 s 161(2) (amd 2003 No. 30 s 169 sch 1)reloc 2004 No. 53 s 2 schom 2005 No. 14 s 2 schdef tribunal ins 2009 No. 24 s 1285(2)Tribunal Act ...def Tribunal Act ins 2002 No. 77 s 161(2) (amd 2003 No. 30 s 169 sch 1)reloc 2004 No. 53 s 2 schom 2009 No. 24 s 1285(1)type A construction, for chapter 7A, see section 231AB.def type A construction ins 2011 No. 27 s 236(2)type B construction, for chapter 7A, see section 231AB.def type B construction ins 2011 No. 27 s 236(2)type C construction, for chapter 7A, see section 231AB.def type C construction ins 2011 No. 27 s 236(2)unamended Act, for chapter 11, part 10, see section 290.def unamended Act ins 2010 No. 35 s 32(2)underpinning ...def underpinning ins 1991 No. 52 s 2.5(f)om from prev s 3 1998 No. 13 s 9unsatisfactory conduct, for a building certifier or former building certifier, includes the following—(a)conduct that shows incompetence, or a lack of adequate knowledge, skill, judgment, integrity, diligence or care in performing building or private certifying functions;(b)conduct that is contrary to a function under this Act or another Act regulating building certifiers (including private certifiers for building work), including, for example—(i)disregarding relevant and appropriate matters; and(ii)acting outside the scope of the building certifier’s powers; and(iii)acting beyond the scope of the building certifier’s competence; and(iv)contravening the code of conduct;
(c)conduct that is of a lesser standard than the standard that might reasonably be expected of the building certifier by the public or the building certifier’s professional peers.
def unsatisfactory conduct ins 2002 No. 77 s 161(2)reloc 2004 No. 53 s 2 schamd 2006 No. 36 s 70(6)variation application see section 38(1).def variation application ins 2006 No. 36 s 70(3)watercourse means—(a)a canal, creek, river or stream in which water flows permanently or intermittently; or(b)an ocean, a lake or other collection of water (whether permanent or intermittent).
def watercourse ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schyoung child means a child under the age of 5 years.def young child ins 1998 No. 13 s 9reloc 2004 No. 53 s 2 schsch 2 prev sch sub 1991 No. 52 s 2.82amd 1991 SL No. 181om 1993 No. 76 s 3 schpres sch 2 (prev sch) ins 2004 No. 53 s 2 schamd 2006 No. 36 s 70(1)Note—definitions for this Act were originally located in s 3.