Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024


Queensland Crest

The Parliament of Queensland enacts—

Part 1 Preliminary

1Short title

This Act may be cited as the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024.

2Commencement

This Act commences on a day to be fixed by proclamation.

Part 2 Amendment of Architects Act 2002

3Act amended

This part amends the Architects Act 2002.

4Amendment of s 30 (False or misleading statement)

Section 30, ‘state anything to the board’—
omit, insert—

make a statement

5Amendment of s 31 (False or misleading document)

(1)Section 31(1), ‘the board’—
omit, insert—

an entity

(2)Section 31(2)(a), ‘board’—
omit, insert—

entity

6Replacement of s 31A (Proof of giving false and misleading statements and documents)

Section 31A
omit, insert—

31AWhen statement made or document given in relation to application

(1)For sections 30 and 31, a person is taken to make a statement, or give an entity a document, in relation to an application under this part if the person makes the statement or gives the document in connection with—
(a)the application or anything that accompanies the application; or
(b)other information provided as required to decide the application; or
(c)an assessment relevant to the application, including the following—
(i)an assessment of qualifications;
(ii)an examination;
(iii)a health assessment;
(iv)an assessment of whether the applicant has satisfied the continuing registration requirements.
(2)For subsection (1), an assessment is relevant to an application under this part—
(a)whether the assessment is carried out by the board or another entity; and
(b)whether the assessment is carried out before or after the application is made.

7Amendment of s 130 (Orders relating to architect)

(1)Section 130(3)—
insert—
(d)requiring the architect to pay an amount to the board as compensation for all or part of the reasonable costs of an investigation by the board about the matter the subject of the proceeding, including the costs of preparing for the proceeding.
(2)Section 130(4), ‘subsection (2)’—
omit, insert—

subsection (2) or (3)(d)

(3)Section 130
insert—
(7)Subsection (3)(d) does not limit the powers of the tribunal under the QCAT Act, chapter 2, part 6, division 6.

8Insertion of new s 139A

After section 139
insert—

139A Costs of investigation

(1)This section applies if a court finds a person guilty of an offence against this Act.
(2)The court may make an order requiring the person to pay an amount to the board as compensation for all or part of the reasonable costs of an investigation by the board about the offence, including the costs of preparing for the prosecution.
(3)This section does not limit the orders for costs the court may make on the finding of guilt.

Part 3 Amendment of Building Act 1975

9Act amended

This part amends the Building Act 1975.

10Amendment of s 246BH (Who may apply)

Section 246BH(2)—
omit, insert—
(2)An individual who is not a building certifier may apply to the QBCC commissioner for a licence only if the individual has met the approved requirements for pool safety inspectors.

11Amendment of s 246BI (Requirements for application)

(1)Section 246BI(1)(c)(iv) and (v)—
omit, insert—
(iv)if the applicant is not a building certifier—evidence that the applicant has met the approved requirements for pool safety inspectors;
(2)Section 246BI(1)(c)(vi)—
renumber as section 246BI(1)(c)(v).

12Replacement of ch 8, pt 8 (Approval of training courses for pool safety inspectors)

Chapter 8, part 8
omit, insert—

Part 8 Requirements for pool safety inspectors

246DG Requirements for pool safety inspectors

(1)The chief executive may approve requirements for pool safety inspectors who are not building certifiers.
(2)Without limiting subsection (1), the requirements may comprise successful completion of a course of training or a test or both.
(3)The chief executive may amend or replace an approval under this section.
(4)The chief executive must publish a notice of an approval, or the amendment or replacement of an approval, on the department’s website.
(5)The notice must state the day the approval, or the amendment or replacement of the approval, takes effect.
(6)The day stated in the notice must not be earlier than the day the notice is published.
(7)During the relevant period following the amendment or replacement of an approval, both of the following are taken to be approved requirements for pool safety inspectors who are not building certifiers—
(a)the approved requirements as in effect immediately before the amendment or replacement takes effect;
(b)the approved requirements as amended or replaced.
(8)For subsection (7), the relevant period is—
(a)the period stated in the notice of the amendment or replacement of the approval; or
(b)if no period is stated in the notice of the amendment or replacement of the approval—6 months after the day the notice is published.

13Amendment of s 246F (Pool safety functions performed by QBCC commissioner)

(1)Section 246F(g)—
omit.
(2)Section 246F(h) to (j)—
renumber as section 246F(g) to (i).

14Insertion of new ch 11, pt 23

Chapter 11
insert—

Part 23 Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024

358Approval of pool safety inspector courses and tests

(1)A QBCC approval in effect under former section 246DG immediately before the commencement continues in effect as if it were a chief executive approval under new section 246DG.
(2)In this section—
chief executive approval means an approval of the chief executive of requirements for pool safety inspectors.
former section 246DG means section 246DG as in force immediately before the commencement.
new section 246DG means section 246DG as in force from the commencement.
QBCC approval means an approval of the QBCC commissioner of a training course or test for the purposes of a licence as a pool safety inspector.

15Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions approved training course and pool safety inspector test
omit.
(2)Schedule 2
insert—
approved requirements, for pool safety inspectors, means the requirements approved under section 246DG.

16Act amended

This part amends the Building Industry Fairness (Security of Payment) Act 2017.

17Amendment of s 8 (Definitions for chapter)

(1)Section 8, definition protected work
omit.
(2)Section 8
insert—

amendment, of a contract, includes a variation of the contract or a change in the contract price.
project trust contract means a contract for which a project trust is required under section 12.
project trust subcontract see section 9A.

(3)Section 8, definition trust records, ‘see section 52(1)’—
omit, insert—

means records required to be kept and retained under section 52

18Omission of s 8B (Meaning of protected work)

Section 8B
omit.

19Insertion of new s 9A

After section 9
insert—

9AMeaning of project trust subcontract

(1)A subcontract for a project trust contract is a project trust subcontract if, when the subcontract is entered into—
(a)the subcontract is a first tier subcontract for the contract; and
(b)the subcontracted work under the subcontract is or includes 1 or more of the following—
(i)architectural services;
(ii)contractor or trade work;
(iii)a professional engineering service;
(iv)services or work prescribed by regulation for this paragraph; and
(c)the subcontract is not excluded by regulation from being a project trust subcontract.
(2)A subcontract does not cease to be a project trust subcontract because of—
(a)an amendment of the subcontract; or
(b)an amendment of subsection (1) or a regulation made for subsection (1).
(3)If a contract becomes a project trust contract after it is entered into, a subcontract of the contract then in existence becomes a project trust subcontract if it would have been a project trust subcontract had it been entered into when the contract became a project trust contract.
(4)A subcontract that was not, at the time it was entered into, a project trust subcontract becomes a project trust subcontract if—
(a)the subcontract is amended; and
(b)the subcontract would have been a project trust subcontract had it been entered into in its amended form, including any earlier amendments, at the time it was amended.
(5)In this section—
architectural services see the Architects Act 2002, schedule 2.
contractor or trade work means—
(a)work for which the subcontractor holds, or is required to hold, a licence under any of the following—
(i)the Building Act 1975;
(ii)the Electrical Safety Act 2002;
(iii)the Plumbing and Drainage Act 2018;
(iv)the Queensland Building and Construction Commission Act 1991;
(v)a regulation made under the Work Health and Safety Act 2011;
(vi)an Act or regulation prescribed by regulation for this paragraph; or
(b)work prescribed by regulation to be contractor or trade work.
professional engineering service see the Professional Engineers Act 2002, schedule 2.

20Amendment of s 10 (Definitions for part)

(1)Section 10, definitions minimum contract price and related services
omit.
(2)Section 10, definition subcontractor beneficiary, ‘section 11A(4)’—
omit, insert—

section 11A

21Amendment of s 10C (References to particular terms in this part)

Section 10C(d), ‘contract for which a project trust is required’—
omit, insert—

project trust contract

22Amendment of s 11 (What is a project trust)

Section 11(a)—
omit, insert—
(a)over amounts—
(i)payable in connection with a project trust contract or project trust subcontract; and
(ii)required to be deposited in the project trust account under this chapter; and

23Replacement of s 11A (Who are the trustee and beneficiaries of a project trust)

Section 11A
omit, insert—

11ATrustee and beneficiaries of project trust

(1)The contracted party for a project trust contract is both the trustee and a beneficiary of the project trust for the contract.
(2)The contracted party—
(a)becomes the trustee and a beneficiary of the project trust when the trust is established; and
(b)ceases to be the trustee and a beneficiary of the project trust when the trust is lawfully dissolved.
(3)A subcontractor for a project trust subcontract for a project trust contract is a beneficiary of the project trust for the contract.
(4)The subcontractor—
(a)becomes a beneficiary of the project trust when—
(i)a project trust subcontract is entered into with the subcontractor; or
(ii)a subcontract for which the subcontractor is the contracted party becomes a project trust subcontract; and
(b)ceases to be a beneficiary of the project trust when—
(i)the subcontractor is paid all amounts the subcontractor is entitled to be paid in connection with all project trust subcontracts for which the subcontractor is the contracted party; and
(ii)the trust is lawfully dissolved.

24Amendment of s 11B (What are the beneficial interests in a project trust)

(1)Section 11B(1)(a), ‘an amount the subcontractor is entitled to be paid under its subcontract’—
omit, insert—

all amounts the subcontractor is entitled to be paid in connection with project trust subcontracts

(2)Section 11B(2), definition remainder, ‘their subcontracts’—
omit, insert—

project trust subcontracts

25Amendment of s 14 (Particular contracts for project trust work)

(1)Section 14, heading—
omit, insert—

14Eligibility of contract for project trust when contract entered into

(2)Section 14
insert—
(2A)This section applies to a contract at the time the contract is entered into.
(3)Section 14(2A) and (3)—
renumber as section 14(3) and (4).

26Replacement of s 14A (Amendments of contracts requiring project trusts)

Section 14A
omit, insert—

14AEligibility of contract for project trust when contract amended

(1)A contract does not cease to be eligible for a project trust because of an amendment of the contract.
(2)A contract that was not, at the time it was entered into, eligible for a project trust becomes eligible for a project trust on the amendment of the contract if—
(a)the contract is amended; and
(b)the contract would have been eligible for a project trust had it been in its amended form, including any earlier amendments, when it was entered into; and
(c)the amended contract—
(i)increases the original percentage of the contract price that is for project trust work by 30% or more; or
(ii)increases the original contract price by 30% or more.

27Amendment of s 15F (Contracts with less than 90 days until practical completion)

Section 15F(3), definition amendment
omit.

28Amendment of s 18C (Change of financial institution)

Section 18C(2), after ‘by a financial institution’—
insert—

, if the withdrawal is authorised under section 51D

29Amendment of s 19 (All payments from contracting party to be deposited in project trust account)

Section 19(1), ‘contract for which a project trust is required’—
omit, insert—

project trust contract

30Amendment of s 19A (Limited purposes for which money may be deposited in project trust account)

(1)Section 19A(1)(a), ‘section 19(2)’—
omit, insert—

section 19

(2)Section 19A(1)(b), from ‘the contracted party’ to ‘subcontract’—
omit, insert—

the subcontractor is entitled, or may become entitled, to be paid in connection with a project trust subcontract

31Amendment of s 20 (All payments to subcontractor beneficiaries to be paid from project trust account)

(1)Section 20(1)—
omit.
(2)Section 20(2), ‘may only pay the amount to the subcontractor beneficiary’—
omit, insert—

for a project trust contract may only pay an amount to a subcontractor beneficiary of the project trust

(3)Section 20(4), ‘subsection (2)(b)’—
omit, insert—

subsection (1)(b)

(4)Section 20(2) to (5)—
renumber as section 20(1) to (4).

32Amendment of s 20A (Limited purposes for which money may be withdrawn from project trust account)

(1)Section 20A(1)(b), from ‘the contracted party is’ to ‘same work’—
omit, insert—

a subcontractor beneficiary is not entitled to be paid for the same work

(2)Section 20A(4)(a), ‘as mentioned under section 18C(2)’—
omit, insert—

authorised to be withdrawn under section 51D

33Amendment of s 20C (Insufficient amounts available for payments)

Section 20C(5), ‘the party is liable to pay each subcontractor beneficiary’—
omit, insert—

the subcontractor beneficiaries are entitled to be paid in connection with project trust subcontracts

34Amendment of s 21 (Ending project trust)

Section 21(1)(a), note—
omit.

35Amendment of s 23 (Notice of project trust before entering subcontracts)

Section 23(1), from ‘If’ to ‘the contracted party’—
omit, insert—

The contracted party for a project trust contract

36Amendment of s 31 (What is a retention trust)

Section 31(a)(i), after ‘contracts’—
insert—

, inclusive of any GST related to those amounts

37Amendment of s 31A (Who are the trustee and beneficiaries of a retention trust)

Section 31A(5)(b), after ‘in’—
insert—

and the trust is lawfully dissolved

38Amendment of s 32 (When retention trust required)

(1)Section 32(1)—
omit, insert—
(1)A retention trust is required for a retention amount withheld from payment under a contract if—
(a)the contract is a withholding contract at the time the retention amount is withheld; and
(b)the retention amount is withheld by the contracting party in the form of cash.
(1A)Also, a retention trust is required for a retention amount withheld from payment under a contract if—
(a)the contract was not a withholding contract at the time the retention amount was withheld but the contract has since become a withholding contract; and
(b)the contract is a first tier subcontract; and
(c)the retention amount was withheld by the contracting party in the form of cash; and
(d)the retention amount had not been released to the parties entitled to it at the time the contract became a withholding contract.
(2)Section 32(2), after ‘starts’—
insert—

, or is taken to have started,

(3)Section 32(5)—
omit, insert—
(5)In this section—
withholding contract means—
(a)a project trust contract that is—
(i)a head contract; or
(ii)a subcontract that is eligible for a project trust under section 14C or 14D; or
(b)a project trust subcontract for a project trust contract mentioned in paragraph (a).
(4)Section 32(1A) to (5)—
renumber as section 32(2) to (6).

39Amendment of s 33A (Charge over retention amounts held in retention trust)

Section 33A
insert—
(7)The charge is inclusive of any GST related to the amount.

40Amendment of s 34 (Contracting party withholding retention amount must open retention trust account)

Section 34(2)—
omit, insert—
(2)The contracting party must open an account for the retention trust at a financial institution—
(a)if the retention trust is required under section 32(1)—before the retention amount is withheld; or
(b)if the retention trust is required under section 32(2)—within 20 business days after the contract becomes a withholding contract.

Maximum penalty—500 penalty units.

41Amendment of s 35 (All retention amounts withheld must be deposited in retention trust account)

(1)Section 35(2) and (3)—
omit, insert—
(2)The contracting party must deposit the retention amount withheld under the contract in a retention trust account (the deposit obligation) as follows—
(a)if the retention trust is required under section 32(1)—when the retention amount is withheld;
(b)if the retention trust is required under section 32(2) and there is an existing retention trust account into which the retention amount may be deposited—within 5 business days after the contract becomes a withholding contract;
(c)if the retention trust is required under section 32(2) and there is no existing retention trust account into which the retention amount may be deposited—when the retention trust account is opened.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)Section 35
insert—
(5)The retention amount to which the deposit obligation relates is inclusive of any GST related to the amount.
(3)Section 35(4) and (5)—
renumber as section 35(3) and (4).

42Amendment of s 50 (Definitions for part)

(1)Section 50, definition registered company auditor
omit.
(2)Section 50
insert—
auditor means—
(a)a person registered as an auditor under the Corporations Act, part 9.2; or
(b)a person prescribed by regulation to be an auditor.
(3)Section 50, definition account review report, ‘section 57A(2)’—
omit, insert

section 57A(1)

43Replacement of s 52 (Trust records)

Section 52
omit, insert

52Trust records

The trustee for a project trust or retention trust must—
(a)keep records for the trust as prescribed by regulation; and
(b)retain the records for at least 7 years after the trust is dissolved.

Maximum penalty—300 penalty units or 1 year’s imprisonment.

44Omission of s 52A (Monthly bank reconciliation)

Section 52A
omit.

45Amendment of s 53A (Power to require particular information)

Section 53A(1)(f)—
omit, insert—
(f)an auditor;

46Amendment of s 57 (Engaging auditor for review of trust account)

(1)Section 57(2)—
omit, insert—
(2)The engagement of the auditor must comply with the requirements prescribed by regulation.
(2)Section 57(6), ‘a registered company auditor’—
omit, insert—

an auditor

(3)Section 57(7), ‘A registered company auditor’—
omit, insert—

An auditor

(4)Section 57(8), ‘a registered company auditor’—
omit, insert—

an auditor

(5)Section 57(8)(b)—
omit, insert—
(b)if—
(i)there are no transactions or changes for the account during the review period; and
(ii)within 10 business days after the end of the review period the trustee gave the commissioner a written statement, using an approved way, confirming the matter mentioned in subparagraph (i); or
(c)in the circumstances prescribed by regulation.
(6)Section 57(9)—
omit.

47Amendment of s 57A (Account review report)

(1)Section 57A(1), ‘an account review report for the account as required under this section’—
omit, insert

a report (an account review report) for the account as required by regulation

(2)Section 57A(2) to (4)—
omit.
(3)Section 57A(6), ‘subsection (5)’—
omit, insert

subsection (2)

(4)Section 57A(5) and (6)—
renumber as section 57A(2) and (3).

48Insertion of new ch 2, pt 5

Chapter 2
insert—

Part 5 Guidelines for chapter

59Chief executive may issue guidelines for chapter

(1)The chief executive may issue guidelines to facilitate compliance with this chapter.
(2)Before issuing the guidelines, the chief executive must consult on the proposed guidelines as the chief executive considers appropriate.
(3)The guidelines must be published on the department’s website.
(4)In a proceeding for an offence against this chapter, it is a defence for a person to prove—
(a)the conduct constituting the alleged offence is conduct to which the guidelines applied; and
(b)the person complied with the guidelines in engaging in the conduct.

49Amendment of s 200E (Confidentiality of information)

Section 200E
insert—
(4)Also, subsection (2) does not apply to—
(a)the disclosure of information, or the giving of access to a document, by the commission to the chief executive for the purpose of monitoring the operation and effectiveness of this Act; or
(b)the use of the information or document by the chief executive for that purpose.

50Omission of s 211D (Project trusts and contracts entered into before the commencement of new phases)

Section 211D
omit.

51Insertion of new ch 8C

After chapter 8B
insert—

Chapter 8C Transitional provisions for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024

215Definitions for chapter

In this chapter—
former, for a section of this Act, means the section as in force from time to time before the commencement.
new, for a section of this Act, means the section as in force from the commencement.

215A Retention amounts

New section 32 applies in relation to a retention amount withheld from payment whether before or after the commencement.
(2)Subsection (3) applies if—
(a)a retention amount was withheld from payment before the commencement; and
(b)immediately before the commencement, the retention amount was not required to be deposited in a retention trust account; and
(c)on the commencement, the retention amount is required to be deposited in a retention trust account.
(3)If this subsection applies—
(a)new section 34(2)(b) applies as if a retention trust account were required to be opened within 20 business days after the commencement; and
(b)new section 35(2)(b) and (c) apply as if the retention amount were required to be deposited in a retention trust account within 20 business days after the commencement.

215B Changes affecting review of trust account

(1)This section applies if—
(a)before the commencement, the trustee for a project trust or retention trust engaged an auditor to carry out a review of the trust account for the trust under former section 57; and
(b)immediately before the commencement—
(i)the review had not been completed; or
(ii)the account review report for the trust account required under former section 57A had not been given to the trustee.
(2)For the purposes of the review and report, former sections 57 and 57A continue to apply as if the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024 had not been enacted.

52Replacement of s 217 (Amendment of s 14 (Particular contracts for project trust work))

Section 217
omit, insert—

217Replacement of s 14 (Eligibility of contract for project trust when contract entered into)

Section 14—
omit, insert—

14Eligibility of contract for project trust when contract entered into

A contract is eligible for a project trust if, when it is entered into—
(a)more than 50% of the contract price is for project trust work; and
(b)the contract price is $1 million or more.

53Replacement of s 218 (Amendment of s 32 (When retention trust required))

Section 218
omit, insert—

218Amendment of s 32 (When retention trust required)

Section 32(6), definition withholding contract
omit, insert—
withholding contract means—
(a)a project trust contract; or
(b) a project trust subcontract; or
(c)any other subcontract for subcontracting work that contributes to the performance of a project trust contract.

54Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions minimum contract price, protected work and registered company auditor
omit.
(2)Schedule 2
insert—
amendment, of a contract, for chapter 2, see section 8.
auditor, for chapter 2, part 4, division 1, see section 50.
minimum contract price, for chapter 2, part 3, see section 30.
project trust contract see section 8.
project trust subcontract see section 9A.
(3)Schedule 2, definition account review report, ‘section 57A(2)’—
omit, insert

section 57A(1)

(4)Schedule 2, definition subcontractor beneficiary, ‘section 8’—
omit, insert—

section 10

(5)Schedule 2, definition trust records, ‘section 52(1)’—
omit, insert—

section 8

Part 5 Amendment of Plumbing and Drainage Act 2018

55Act amended

This part amends the Plumbing and Drainage Act 2018.

56Amendment of s 14 (Qualifications and practical experience required for licence)

(1)Section 14, ‘commissioner’—
omit, insert—

chief executive

(2)Section 14(b), ‘QBCC’s website’—
omit, insert—

the department’s website

57Amendment of s 26 (Qualifications and practical experience required for endorsement)

(1)Section 26, ‘commissioner’—
omit, insert—

chief executive

(2)Section 26(b), ‘QBCC’s website’—
omit, insert—

the department’s website

58Insertion of new pt 8, div 3

Part 8
insert—

Division 3 Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024

174Qualifications and practical experience

(1)A decision of the commissioner in effect under former section 14 continues in effect as if it were a decision of the chief executive under new section 14.
(2)A decision of the commissioner in effect under former section 26 continues in effect as if it were a decision of the chief executive under new section 26.
(3)In this section—
former, for a section of this Act, means the section as in force immediately before the commencement.
new, for a section of this Act, means the section as in force from the commencement.

59Amendment of sch 1 (Dictionary)

(1)Schedule 1, definition practical experience, ‘commissioner’—
omit, insert—

chief executive

(2)Schedule 1, definition qualifications, ‘commissioner’—
omit, insert—

chief executive

60Act amended

This part amends the Professional Engineers Act 2002.

61Amendment of s 30 (False or misleading statement)

Section 30, ‘state anything to the board’—
omit, insert—

make a statement

62Amendment of s 31 (False or misleading document)

(1)Section 31(1), ‘the board’—
omit, insert—

an entity

(2)Section 31(2)(a), ‘board’—
omit, insert—

entity

63Replacement of s 31A (Proof of giving false and misleading statements and documents)

Section 31A
omit, insert—

31AWhen statement made or document given in relation to application

(1)For sections 30 and 31, a person is taken to make a statement, or give an entity a document, in relation to an application under this part if the person makes the statement or gives the document in connection with—
(a)the application or anything that accompanies the application; or
(b)other information provided as required to decide the application; or
(c)an assessment relevant to the application, including the following—
(i)an assessment of qualifications;
(ii)an assessment of competencies;
(iii)a health assessment;
(iv)an assessment of whether the applicant has satisfied the continuing registration requirements.
(2)For subsection (1), an assessment is relevant to an application under this part—
(a)whether the assessment is carried out by the board or another entity; and
(b)whether the assessment is carried out before or after the application is made.

64Act amended

This part amends the Queensland Building and Construction Commission Act 1991.

65Amendment of s 12 (Appointment)

Section 12(1), ‘10 members’—
omit, insert—

7 members

66Insertion of new s 28AA

Before section 28A
insert—

28AA Public register of interests

(1)The commission must publish a register of members’ interests on the commission’s website.
(2)The register must include, for each member, details of each disclosure recorded in the board’s minutes under section 20C.
(3)Entries in the register for a person who has ceased to be a member may remain in the register on the commission’s website as the commission considers appropriate.
(4)The register may contain other information about a member or former member with the consent of the member or former member.

67Amendment of s 48 (Cancellation or suspension of licence)

Section 48(1)(g), after ‘control’—
insert—

, or carried out under the licence,

68Amendment of s 50 (Surrender of licence)

Section 50
insert—
(2)If a licence authorises the licensee to carry out more than 1 specified class of building work, subsection (1) applies to the licence as if there were a separate licence for each specified class.

69Amendment of s 53 (Return of licence)

(1)Section 53
insert—
(2A)A person who has surrendered a licence must, within 14 days after receiving notice of the commission’s consent to the surrender, return to the commission—
(a)the licence; and
(b)if the commission has issued a licence certificate—the licence certificate.
(2)Section 53(2A) and (3)—
renumber as section 53(3) and (4).

70Amendment of s 74B (Proper grounds for taking disciplinary action against a licensee and former licensees)

Section 74B(1)(ha), after ‘control’—
insert—

, or carried out under the licence,

71Amendment of s 86B (Requirements for making application)

(1)Section 86B, before paragraph (a)—
insert—
(aa)be made using the approved form; and
(2)Section 86B(aa) to (b)—
renumber as section 86B(a) to (c).

72Amendment of s 86C (Internal review decision)

Section 86C(2)(a), ‘28 days’—
omit, insert—

28 business days

73Amendment of s 110 (Confidentiality of information)

(1)Section 110
insert—
(3A)Also, subsection (2) does not apply to—
(a)the disclosure of information, or the giving of access to a document, by the commission to the chief executive for the purpose of monitoring the operation and effectiveness of this Act; or
(b)the use of the information or document by the chief executive for that purpose.
(2)Section 110(3A) and (4)—
renumber as section 110(4) and (5).

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