Queensland: Plumbing and Drainage Act 2018 (Qld)

Plumbing and Drainage Act 2018 An Act about plumbing and drainage, and the licensing of plumbers and drainers Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Plumbing and Drainage Act 2018. 2 Commencement (1) This Act, other than the following provisions, commences on a day to be fixed by proclamation— • part 9, division 1A, other than section 176F(2) • sections 192A to 192K, 193A to 193G and 196(3) to (6) • schedule 2, amendments of the Building Industry Fairness (Security of Payment) Act 2017. (2) The Acts Interpretation Act 1954, section 15DA does not apply to part 9, division 3. 3 Main purpose of Act (1) The main purpose of this Act is to regulate the carrying out of plumbing or drainage work in a way that reduces risks to— (a) public health and safety; and (b) the environment. (2) The main purpose of this Act is to be achieved primarily by— (a) establishing a licensing scheme to ensure all plumbing or drainage work, other than unregulated work, is carried out by persons who are qualified to carry out the work; and (b) requiring plumbing or drainage work to be carried out in compliance with the code requirements for the work; and (c) establishing a framework for approving particular plumbing or drainage work and particular treatment plants. 4 Act binds all persons 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. Division 2 Interpretation 5 Definitions The dictionary in schedule 1 defines particular words used in this Act. 6 Categories of plumbing or drainage work (1) Plumbing or drainage work consists of the following categories of work— (a) permit work; (b) notifiable work; (c) minor work; (d) unregulated work. (2) Permit work is plumbing or drainage work prescribed by regulation as permit work. (3) Notifiable work is plumbing or drainage work prescribed by regulation as notifiable work. (4) Minor work is plumbing or drainage work prescribed by regulation as minor work. (5) Unregulated work is plumbing or drainage work prescribed by regulation as unregulated work. 7 The Queensland Plumbing and Wastewater Code (1) The Queensland Plumbing and Wastewater Code is the document called 'Queensland Plumbing and Wastewater Code' made by the chief executive and published on the department's website, as amended from time to time. (2) The Queensland Plumbing and Wastewater Code does not take effect under this Act until it is approved by regulation. 8 The Plumbing Code of Australia The Plumbing Code of Australia is the document in force from time to time called 'National Construction Code, volume 3—Plumbing Code of Australia' published by the Australian Building Codes Board. 9 Code requirements (1) The code requirements, for plumbing or drainage work, are the requirements about the plumbing or drainage work under— (a) the Queensland Plumbing and Wastewater Code; and (b) a provision of the Plumbing Code of Australia prescribed by regulation; and (c) a part of the Queensland Development Code prescribed by regulation; and (d) the local laws of a local government relating to plumbing or drainage that are not inconsistent with this Act. (2) If the Queensland Plumbing and Wastewater Code is inconsistent with a provision of the Plumbing Code of Australia or a part of the Queensland Development Code prescribed under subsection (1), the Queensland Plumbing and Wastewater Code prevails to the extent of the inconsistency. (3) If a provision of the Plumbing Code of Australia is inconsistent with a part of the Queensland Development Code prescribed under subsection (1), the part prevails to the extent of the inconsistency. (4) A regulation may prescribe how plumbing or drainage work, or a plan for plumbing or drainage work, can comply with the code requirements for the work. 10 References to plumbing or drainage work In this Act, a reference to plumbing or drainage work is taken to include plumbing or drainage that results from, or is affected by, the plumbing or drainage work, to the extent the context permits. 11 References to local governments For administering this Act within an area, a reference in this Act to a local government is taken to be a reference to the entity administering this Act within the area under section 135. Part 2 Licensing Division 1 Classes of licences 12 Classes of licences (1) The commissioner may grant— (a) a plumbers licence; or (b) a drainers licence; or (c) a restricted licence. (2) The commissioner may grant a provisional licence for each class of licence mentioned in subsection (1). Note— The commissioner may make an endorsement on a licence under section 25. 13 Work that may be carried out under licences (1) The holder of a plumbers licence may carry out only the plumbing work for which the licence is granted. (2) The holder of a drainers licence may carry out only the drainage work for which the licence is granted. (3) The holder of a restricted licence may carry out only the plumbing or drainage work for which the licence is granted. (4) The holder of a provisional licence may carry out only the plumbing or drainage work for which the licence is granted. (5) The scope of work for a particular class of licence is the scope of work prescribed by regulation for the licence. (6) This section is subject to section 25. Division 2 Granting licences 14 Qualifications and practical experience required for licence The chief executive must— (a) decide the qualifications and practical experience that an individual must have to be granted a licence; and (b) publish on the department's website the required qualifications and practical experience for the licence. 15 Entitlement to licence (1) An individual is entitled to a licence if, on application by the individual, the commissioner is satisfied the individual has the qualifications and practical experience for the licence. (2) However, the individual is not entitled to a licence if— (a) the individual holds an interstate or New Zealand licence that is suspended; or (b) the individual— (i) held an interstate or New Zealand licence that was cancelled; and (ii) does not hold an interstate or New Zealand licence that is in force. 16 Application for licence An application for a licence must— (a) be made to the commissioner; and (b) be in the approved form; and (c) be accompanied by— (i) evidence of the applicant's qualifications and practical experience; and (ii) the fee prescribed by regulation; and (iii) if the applicant is licensed by an interstate or New Zealand licensing authority—written details of any conditions of the licence. Note— An application for a licence and an application for an endorsement on a licence may be made at the same time. See section 27. 17 Inquiry about applicant (1) The commissioner may investigate an applicant, including whether or not the applicant has been convicted of an offence against this Act or the repealed Act. (2) The commissioner may, by notice given to the applicant within 20 business days after the commissioner receives the application, require the applicant within a reasonable period of at least 20 business days stated in the notice— (a) to give the commissioner the further information the commissioner reasonably requires to decide the application; and (b) to undergo a written, oral or practical examination at a reasonable place to assess the applicant's ability to competently practise the plumbing and drainage trade. (3) The commissioner may require the information mentioned in subsection (2)(a) to be verified by a statutory declaration. (4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice within the stated period. 18 Extending decision period for application (1) This section applies if the commissioner needs to extend the decision period for an application for a licence because of the complexity of the issues that must be considered in deciding the application. Example— an application requiring the commissioner to obtain and consider information about the applicant from a foreign licensing authority (2) The commissioner may at any time before the end of the decision period give notice to the applicant that— (a) because of the complexity of the issues that must be considered in deciding the application, the commissioner needs to extend the decision period; and (b) the period within which the commissioner must decide the application is extended to a stated day that is 20 business days after the end of the decision period. (3) Also, the applicant and commissioner may, at any time before the end of the decision period for the application, agree in writing on a day by which the application must be decided. (4) In this section— decision period, for an application for a licence, means 20 business days after the commissioner receives— (a) if the applicant was required to give information under section 17(2)(a)—the information; or (b) if the applicant was required to undergo an examination under section 17(2)(b)—the results of the examination; or (c) otherwise—the application. 19 Deciding application (1) The commissioner must consider an application for a licence and decide to— (a) grant the licence; or (b) grant a provisional licence for the class of licence applied for; or (c) refuse to grant a licence. (2) The commissioner may grant a provisional licence to the applicant only if— (a) the commissioner reasonably believes the applicant needs more practical experience before being granted the licence applied for; or (b) the commissioner reasonably believes the applicant does not have the qualifications required under section 15(1), but does have enough practical experience to be able to carry out work under the provisional licence; or (c) the applicant holds a corresponding licence; or (d) the commissioner reasonably believes the applicant has the qualifications and practical experience required under section 15(1), but requires evidence, or further evidence, of the qualifications and experience to be given to the commissioner. (3) If, at the end of the decision period for the application, the commissioner has failed to decide the application, the failure is taken to be a decision to refuse to grant a licence. (4) In this section— corresponding licence means— (a) an interstate or New Zealand licence; or (b) a licence, however called, issued in another country, that authorises the applicant to carry out the work to which the application relates. decision period, for an application for a licence, means— (a) if there is no extended period or agreed day for deciding the application under section 18—20 business days after the commissioner receives— (i) if the applicant was required to give information under section 17(2)(a)—the information; or (ii) if the applicant was required to undergo an examination under section 17(2)(b)—the results of the examination; or (iii) otherwise—the application; or (b) if there is an extended period or agreed day for deciding the application under section 18—the extended period or the period ending on the agreed day. 20 Imposing conditions on licence The commissioner may grant a licence on the conditions the commissioner considers necessary or desirable for the licensee to competently practise the plumbing and drainage trade. 21 Steps to be taken after application decided (1) If the commissioner decides to grant a licence to an applicant, the commissioner must as soon as practicable issue a licence to the applicant. (2) Subsection (3) applies if the commissioner decides to— (a) grant a licence on conditions; or (b) grant a provisional licence; or (c) refuse to grant a licence. (3) The commissioner must give the applicant an information notice about the decision as soon as practicable after making the decision. Note— For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3. (4) If the commissioner grants a licence on conditions, the information notice must also state the non-review period for the conditions. (5) If the commissioner decides to refuse to grant a licence or the application is withdrawn, the commissioner must refund the application fee paid, less the amount of the cost to the commissioner of processing the application. 22 Form of licence A licence must state— (a) the licensee's name; and (b) the expiry date of the licence; and (c) the licence number; and (d) the licence class; and (e) any conditions of the licence. 23 Duration of licence A licence remains in force for the period stated in the licence of not more than— (a) for a provisional licence—1 year; or (b) for another licence—5 years. Division 3 Upgrading provisional licences 24 Commissioner may upgrade provisional licence (1) This section applies if— (a) an individual applied for a licence; and (b) the commissioner granted a provisional licence to the individual; and (c) the individual's provisional licence has not expired; and (d) the individual satisfies the commissioner about an issue that caused the commissioner to grant the provisional licence to the individual instead of the licence applied for. (2) The commissioner may, without another application being made under division 2, grant the individual the licence originally applied for, with or without any conditions imposed on the provisional licence. (3) The provisional licence is cancelled if a licence is granted under subsection (2). Division 4 Endorsements 25 Endorsements on licences (1) The commissioner may make an endorsement on a licence that the holder of the licence may carry out particular plumbing or drainage work. (2) The scope of work for a particular endorsement on a licence is the scope of work prescribed by regulation for the endorsement. (3) The holder of a licence that has an endorsement may carry out the particular plumbing or drainage work for which the endorsement is made on the licence in addition to the plumbing or drainage work for which the licence is granted. (4) An endorsement on a licence remains in force for the period stated on the licence for the endorsement but no longer than the period for which the licence remains in force. 26 Qualifications and practical experience required for endorsement The chief executive must— (a) decide the qualifications and practical experience that an individual must have for an endorsement to be made on the individual's licence; and (b) publish on the department's website the required qualifications and practical experience for the endorsement. 27 Entitlement to endorsement (1) An individual is entitled to an endorsement on a licence if, on application by the individual, the commissioner is satisfied the individual has the qualifications and practical experience for the endorsement. (2) A licensee may apply to the commissioner for an endorsement on the licensee's licence at any time. (3) An individual who has applied for a licence may, together with or after making the application, apply for an endorsement on the licence if the licence is issued. 28 Application for endorsement An application for an endorsement to be made on a licence must— (a) be made to the commissioner; and (b) be in the approved form; and (c) be accompanied by— (i) evidence of the applicant's qualifications and practical experience; and (ii) the fee prescribed by regulation. 29 Deciding application (1) The commissioner must consider an application for an endorsement to be made on a licence and decide to— (a) grant the application; or (b) refuse to grant the application. (2) If the commissioner decides to refuse to grant the application, the commissioner must give the applicant an information notice about the decision as soon as practicable after making the decision. Note— For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3. Division 5 Renewing licences 30 Notice of expiry of licence The commissioner must give each licensee notice of the expiry of the licensee's licence at least 40 business days before its expiry. 31 Application to renew licence (1) A licensee, other than a provisional licensee, may apply to the commissioner to renew the licensee's licence. (2) The application must— (a) be made before the licence expires; and (b) be in the approved form; and (c) be accompanied by the fee prescribed by regulation. (3) The fee mentioned in subsection (2)(c) is the reduced fee prescribed by regulation if the applicant gives the commissioner a statutory declaration stating the applicant— (a) is retired; and (b) does not intend to carry out plumbing or drainage work for payment after the licence is renewed. (4) If a licensee applies to renew the licensee's licence on or before the day it would otherwise expire, the licence continues in force from the day the licence would have expired until the day a new licence is issued to the applicant under section 32(1). (5) However, subsection (4) does not apply to a licence that is suspended or otherwise ends under this Act. (6) If a licensee does not apply to renew the licensee's licence on or before the day the licence expires, the licence expires at the end of the day. (7) Subsection (6) applies whether or not the commissioner has complied with section 30 in relation to the expiry. (8) If an application does not comply with subsection (2), the commissioner must, as soon as practicable, tell the applicant how the application does not comply. 32 Deciding application (1) If an application to renew a licence complies with section 31(2), the commissioner must, as soon as practicable, issue a new licence to the applicant. (2) The licence is subject to the same conditions as the licence that expired or is due to expire. (3) If the application does not comply with section 31(2), the commissioner must— (a) refuse to renew the licence; and (b) give the applicant an information notice about the decision. (4) If an endorsement was made on the licence that expired or is due to expire, the commissioner must make the endorsement on the renewed licence unless the commissioner is satisfied the licensee is no longer entitled to have the endorsement made on the licence. Note— For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3. Division 6 Restoring expired licences 33 Application to restore licence (1) If a licence has expired, the person who was the licensee for the licence may apply to the commissioner to restore the licence. (2) The application must— (a) be made within 1 year after the day the licence expired; and (b) be in the approved form; and (c) be accompanied by the fee prescribed by regulation. (3) The fee mentioned in subsection (2)(c) is the reduced fee prescribed by regulation if the applicant gives the commissioner a statutory declaration stating the applicant— (a) is retired; and (b) does not intend to carry out plumbing or drainage work for payment after the licence is restored. (4) If the application does not comply with subsection (2), the commissioner must, as soon as practicable, tell the applicant how the application does not comply. 34 Deciding application (1) If an application to restore a licence complies with section 33(2), the commissioner must, as soon as practicable, restore the licence to the applicant. (2) The licence is subject to the same conditions as the licence that expired. (3) If the application does not comply with section 33(2), the commissioner must— (a) refuse to restore the licence; and (b) give the applicant an information notice about the decision. (4) If an endorsement was made on the licence that expired, the commissioner must make the endorsement on the restored licence unless the commissioner is satisfied the licensee is no longer entitled to have the endorsement made on the licence. Note— For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3. Division 7 Reviewing licence conditions 35 Review of licence conditions started by licensee (1) A licensee may apply to the commissioner for a review of the conditions of the licensee's licence. (2) However, the application may not be made— (a) during the non-review period for the conditions; or (b) if the licensee has applied to QCAT for a review of the decision to impose the conditions—while QCAT is reviewing the decision. (3) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed by regulation. 36 Review of licence conditions started by commissioner (1) This section applies if, during the non-review period for the conditions of a licence, the commissioner reasonably believes the conditions may no longer be appropriate. (2) The commissioner may, with the written agreement of the licensee, review the conditions. 37 Requiring further information to decide application (1) For making a decision about reviewing the conditions of a licence, the commissioner may, by notice given to the licensee, require the licensee to give the commissioner, within a stated period, the further information the commissioner reasonably requires to make the decision. (2) The stated period must be at least 20 business days. (3) The commissioner may require the information to be verified by a statutory declaration. (4) The commissioner must give the notice to the licensee within— (a) if the review is started by application of the licensee—40 business days after receiving the application; or (b) if the review is started by agreement between the commissioner and the licensee—20 business days after making the agreement. (5) If the licensee fails to comply with the notice within the stated period— (a) for a review started by application of the licensee—the application is taken to be withdrawn; and (b) for a review started by agreement between the commissioner and the licensee—the commissioner is taken to have decided to confirm the conditions. 38 Decision on review of licence conditions (1) After reviewing the conditions of a licence, the commissioner must decide to— (a) confirm the conditions; or (b) change the conditions; or (c) remove the conditions. (2) In making the decision, the commissioner must consider whether the conditions remain necessary or desirable for the licensee to competently carry out plumbing or drainage work. (3) The commissioner may confirm or change the conditions only for the reasons the conditions were first imposed. (4) If the commissioner decides to confirm or change the conditions, the commissioner must as soon as practicable— (a) also decide the non-review period applying to the confirmed or changed conditions; and (b) give the licensee an information notice about the decision that also states the non-review period. Note— For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3. (5) If the commissioner decides to change the conditions, the information notice must also direct the licensee to return the licence to the commissioner within 10 business days after receiving the notice. (6) If the commissioner decides to remove the conditions, the commissioner must give notice of the decision to the licensee as soon as practicable after making the decision. (7) The commissioner is taken to confirm the conditions if the commissioner fails to make a decision about the review within 40 business days after— (a) if the review is started by application of the licensee—receiving the application; or (b) if the review is started by agreement between the commissioner and the licensee—making the agreement. (8) However, if the commissioner required the licensee to give the commissioner further information for the review, the commissioner is not taken to confirm the conditions until the end of 40 business days after receiving the information. 39 When decision takes effect (1) The commissioner's decision takes effect when— (a) if the commissioner decides to confirm the conditions—the decision is made; or (b) if the commissioner decides to change the conditions—an information notice about the decision is given to the licensee; or (c) if the commissioner decides to remove the conditions—notice of the decision is given to the licensee. (2) The effect of a change or removal of conditions does not depend on the licence being amended to record the change or removal. 40 Returning licence for amendment or replacement (1) This section applies if a licensee receives— (a) an information notice, under section 38(4)(b), about a decision to change a condition; or (b) a notice, under section 38(6), about a decision to remove a condition. (2) The licensee must return the licensee's licence to the commissioner within 10 business days after receiving the notice, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units. (3) On receiving the licence, the commissioner must— (a) amend the licence in an appropriate way and return the amended licence to the licensee; or (b) if the commissioner does not consider it practicable to amend the licence—issue a replacement licence to the licensee. Division 8 Other provisions about licences 41 Register of licensees (1) The commissioner must keep a register of licensees. (2) The register must contain, for each licensee, the particulars prescribed by regulation. (3) The register must be kept in the way the commissioner considers appropriate, including, for example, in an electronic form. (4) A regulation may provide that the commissioner must make information in the register available to the public on QBCC's website. (5) However, any publicly available part of the register must not include the residential or email address, phone number or signature of a licensee. 42 Replacing licence (1) A licensee may apply to the commissioner to replace the licensee's licence if it is lost, stolen, destroyed or damaged. (2) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed by regulation. (3) If the commissioner is satisfied the licence has been lost, stolen, destroyed or damaged, the commissioner must issue a replacement licence to the applicant. 43 Obtaining certified copy of licence A licensee may, on payment of the fee prescribed by regulation, obtain a certified copy of the licensee's licence from the commissioner. 44 Notice of change in circumstances (1) This section applies if any of the following changes happens for a licensee— (a) the licensee's name, residential or email address or phone number changes; (b) the licensee is convicted of an offence against this Act or the repealed Act; (c) if the licensee holds an interstate or New Zealand licence— (i) a condition is imposed on the licence; or (ii) the licence is suspended or cancelled. (2) The licensee must give the commissioner notice of the change within 20 business days after the change. Maximum penalty— (a) if the offence relates to a change of name, address or phone number—1 penalty unit; or (b) if the offence relates to another change—10 penalty units. (3) The notice must be given in the way approved by the commissioner. 45 Notice of particular events to licensing authorities and other entities (1) If the commissioner is aware a licensee is licensed by an interstate or New Zealand licensing authority, and any of the following events happen for the licensee, the commissioner must give notice of the event to the licensing authority— (a) a licence is cancelled; (b) a licence is suspended; (c) conditions are imposed on a licence; (d) conditions on a licence are removed. (2) Also, the commissioner may give notice of the event to any of the following entities if the commissioner reasonably believes the entity needs to know about the event— (a) professional or industry associations of which the licensee is, or is eligible to be, a member; (b) an employer of the licensee; (c) another entity connected with the plumbing and drainage trade. (3) A notice given under this section may include the information the commissioner considers appropriate in the circumstances. (4) The commissioner must give a copy of a notice given under this section to the licensee to whom the notice relates. 46 Licensee to have regard to particular guidelines (1) A licensee who is carrying out plumbing or drainage work must have regard to the guidelines that are relevant to carrying out plumbing or drainage work. Note— See section 49(1)(c). (2) A licensee who is supervising another licensee carrying out plumbing or drainage work must have regard to the guidelines that are relevant to licensees supervising other licensees carrying out plumbing or drainage work. Note— See section 49(1)(d). (3) Subsection (4) applies to a licensee who is responsible for directly supervising— (a) a trainee carrying out plumbing or drainage work; or (b) an unlicensed person carrying out drainage work. (4) The licensee must have regard to the guidelines that are relevant to licensees who are responsible for directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work. Note— See sections 49(1)(d) and 59(3). Division 9 Audit programs and auditing licensees 47 Approved audit program (1) The commissioner may prepare and approve an audit program under which the commissioner may audit licensees to find out if they have been complying with the requirements under section 83 after finishing notifiable work. (2) The approved audit program must state— (a) the purpose of the program; and (b) when the program starts; and (c) the period over which the program is to be carried out; and (d) criteria for selecting licensees who are to be audited; and (e) if the licensees to be audited are to be selected from licensees holding licences of a particular class—a description of the class; and (f) how licensees selected for audit under the program will be advised that they have been selected. (3) The commissioner must ensure a copy of the approved audit program may be inspected at QBCC's head office. (4) The commissioner must publish the approved audit program on QBCC's website before the program starts. (5) The commissioner must ensure the approved audit program is published on QBCC's website during the period over which the program is to be carried out. 48 Supplying documents or information (1) This section applies if— (a) a licensee is selected to be audited under an approved audit program; or (b) the commissioner reasonably suspects, because of information received by the commissioner, a licensee is not, or has not been, complying with the requirements under section 83 after finishing notifiable work; or (c) a person (an employer) who conducts a business carrying out plumbing or drainage work employs a licensee (an employed licensee) to whom paragraph (a) or (b) applies to carry out the work. (2) The commissioner or an investigator may give notice to the licensee or employer requiring the licensee or employer to give the commissioner or investigator copies of, access to, or information about, the documents described in the notice. (3) The notice must describe only the documents the commissioner or investigator reasonably requires to decide whether the licensee or employed licensee is, or has been, complying with the requirements under section 83. Examples of documents— invoices, receipts, bookkeeping records and statements from a financial institution (4) Also, the notice must state that— (a) the licensee or employer must comply with the notice even though complying might tend to incriminate the licensee, employer or employed licensee or expose the licensee, employer or employed licensee to a penalty; and (b) under section 97, there is a limited immunity against the use of the information in a proceeding. (5) The person given the notice must comply with the notice within 10 business days after receiving the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (6) It is not a reasonable excuse for a person to fail to comply with the notice on the basis that complying with the notice might tend to incriminate the person or expose the person to a penalty. (7) In this section— employ includes engage on a contract for services or commission, whether or not for reward. reasonably suspects means suspects on grounds that are reasonable in the circumstances. Division 10 Disciplinary action 49 Grounds for disciplinary action (1) The commissioner may take disciplinary action under section 52 against a licensee if the commissioner is satisfied the licensee has— (a) not competently carried out, or has been involved in the unsatisfactory carrying out of, plumbing or drainage work the licensee is authorised to carry out under the licensee's licence; or (b) directed a person to carry out permit work in a way that does not comply with the permit, or a condition of the permit, for the work; or (c) in carrying out plumbing or drainage work, failed to have regard to a guideline that is relevant to the work; or (d) in supervising or directly supervising plumbing or drainage work, failed to have regard to a guideline that is relevant to the supervision of the work; or (e) contravened a provision of this Act; or (f) been convicted of an offence against this Act, the repealed Act or the Queensland Building and Construction Commission Act 1991. (2) Also, the commissioner may take disciplinary action against a licensee who has an interstate or New Zealand licence if the commissioner is satisfied— (a) the interstate or New Zealand licence has been suspended or cancelled; or (b) a condition has been imposed on the interstate or New Zealand licence. 50 Show cause notice (1) If the commissioner is satisfied a ground exists to take disciplinary action against a licensee, the commissioner must give the licensee a notice (a show cause notice) before taking the action. (2) The show cause notice must— (a) outline the facts and circumstances forming the grounds for taking the disciplinary action against the licensee; and (b) state the types of disciplinary action that may be taken under section 52; and (c) invite the licensee to make an oral or written submission, within a stated period of at least 20 business days after the notice is given to the licensee (the show cause period), giving reasons why the disciplinary action should not be taken; and (d) state how to make a submission. 51 Deciding action to be taken (1) The commissioner must consider all submissions made during the show cause period and decide to— (a) take no disciplinary action against the licensee; or (b) take disciplinary action against the licensee. (2) However, subsection (3) applies if the commissioner is satisfied— (a) a ground exists to take disciplinary action against a licensee under section 49; and (b) it would be reasonable in the circumstances to— (i) suspend the licensee's licence for more than 1 year; or (ii) cancel the licensee's licence. (3) The commissioner must refer the matter, as provided under the QCAT Act, to QCAT to decide whether or not to make an order against the licensee in relation to the matter. Note— See section 55. 52 Disciplinary action that may be taken by commissioner (1) If the commissioner decides to take disciplinary action against a licensee, the commissioner may do 1 or more of the following— (a) reprimand the licensee; (b) order plumbing or drainage work be rectified to comply with— (i) the code requirements for the work; or (ii) if the work is permit work—the permit or any condition of the permit for the work; (c) change conditions, or impose new conditions, on the licensee's licence; (d) suspend the licensee's licence for a period of not more than 1 year; (e) require the licensee to pay an amount of not more than the equivalent of 100 penalty units to the commissioner, within a reasonable stated period. (2) If the commissioner requires the licensee to pay an amount under subsection (1)(e) and the licensee does not pay the amount to the commissioner within the stated period, the commissioner may recover the unpaid amount from the licensee as a debt. 53 Advising licensee of decision (1) If the commissioner decides to take no disciplinary action against the licensee, or to refer the matter to QCAT, the commissioner must give notice of the decision to the licensee. (2) If the commissioner decides to take disciplinary action against the licensee, the commissioner must give an information notice about the decision to the licensee. Note— For reviews of the decision, see the Queensland Building and Construction Commission Act 1991, part 7, division 3. 54 When suspension takes effect If the commissioner suspends the licensee's licence, the licence is suspended from the day the information notice is given to the licensee. 55 Referral of particular disciplinary action to QCAT (1) This section applies if, under section 51(3), the commissioner refers a matter to QCAT to decide whether or not to make an order against a licensee in relation to the matter. (2) For hearing the matter, QCAT must be constituted by 3 members. (3) The members must include— (a) 1 legally qualified member; and (b) 1 QCAT member who has at least 10 years experience in the plumbing and drainage trade. (4) If, after hearing the matter, QCAT decides a ground exists to take disciplinary action against the licensee, QCAT may do 1 or more of the following— (a) reprimand the licensee; (b) order plumbing or drainage work be rectified to comply with— (i) the code requirements for the work; or (ii) if the work is permit work—the permit or any condition of the permit for the work; (c) change conditions, or impose new conditions, on the licensee's licence; (d) suspend the licensee's licence for the period decided by QCAT; (e) cancel the licensee's licence; (f) order the licensee to pay an amount of not more than the equivalent of 250 penalty units to the commissioner within a reasonable stated period. (5) In this section— legally qualified member means a legally qualified member under the QCAT Act. QCAT member means a member under the QCAT Act. Part 3 General offences Division 1 Offences about licences 56 Carrying out work without appropriate licence (1) Subject to section 58, a person must not carry out plumbing or drainage work unless the person holds a licence for the work. Maximum penalty— (a) for a first offence—250 penalty units; or (b) for a second offence—300 penalty units; or (c) for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year's imprisonment. Note— A person may be required to hold a contractor's licence under the Queensland Building and Construction Commission Act 1991 in addition to a licence under this Act to lawfully carry out particular plumbing or drainage work. See section 42 of that Act. (2) An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year's imprisonment commits a crime. 57 Supervising or directing work without appropriate licence (1) Subject to section 58, a person (a supervisor) must not supervise another person carrying out plumbing or drainage work unless the supervisor holds a licence for the work. Maximum penalty— (a) for a first offence—250 penalty units; or (b) for a second offence—300 penalty units; or (c) for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year's imprisonment. (2) Subject to section 58, a licensee must not supervise another person carrying out plumbing or drainage work unless the other person holds a licence for the work. Maximum penalty— (a) for a first offence—250 penalty units; or (b) for a second offence—300 penalty units; or (c) for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year's imprisonment. (3) Subject to section 58, a licensee must not direct another person to carry out plumbing or drainage work unless the other person holds a licence for the work. Maximum penalty— (a) for a first offence—250 penalty units; or (b) for a second offence—300 penalty units; or (c) for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year's imprisonment. (4) For subsections (1) and (2), a person (a consumer) is taken not to supervise another person carrying out plumbing or drainage work only because the consumer entered into a contract for carrying out the plumbing or drainage work, other than a contract of employment. (5) An individual who contravenes subsection (1), (2) or (3) and is liable to a maximum penalty of 350 penalty units or 1 year's imprisonment commits a crime. 58 Exemptions for ss 56 and 57 (1) A person does not commit an offence against section 56 or 57(1), (2) or (3) if— (a) the plumbing or drainage work is unregulated work; or (b) the person is a trainee carrying out the plumbing or drainage work and a licensed person for the work is responsible for directly supervising the trainee carrying out the work; or (c) the person is an unlicensed person carrying out the drainage work and a licensed person for the work is responsible for directly supervising the unlicensed person carrying out the work; or (d) the person is an authorised person carrying out plumbing work that is removing, repairing or replacing a prescribed water meter, and any related work; or (e) the plumbing or drainage work is manufacturing— (i) a WaterMark product, other than a prohibited WaterMark product; or (ii) a treatment plant. (2) For subsection (1)(b) or (c), a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work, or an unlicensed person carrying out drainage work, if the licensee— (a) is the trainee's or unlicensed person's employer; or (b) is directed by the trainee's or unlicensed person's employer to directly supervise the trainee or unlicensed person. (3) In this section— authorised person means an authorised person of a service provider under the Water Supply (Safety and Reliability) Act 2008. prescribed water meter means a water meter for measuring the volume of water supplied to— (a) a lot under the Land Title Act 1994, other than a lot— (i) included in a community titles scheme under the Body Corporate and Community Management Act 1997; or (ii) shown on a building units plan or group titles plan under the Building Units and Group Titles Act 1980; or (b) a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994; or (c) the site of a mixed use scheme under the Mixed Use Development Act 1993; or (d) a primary thoroughfare or secondary thoroughfare under the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985; or (e) a premises group within the meaning of the Water Supply (Safety and Reliability) Act 2008, schedule 3. 59 Directly supervising trainees or unlicensed persons (1) If a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work or an unlicensed person carrying out drainage work under section 58(1)(b) or (c), the licensee must— (a) provide direction to the trainee or unlicensed person on how to carry out the work; and (b) ensure the work complies with this Act. Maximum penalty—100 penalty units. (2) For subsection (1), a licensee is responsible for directly supervising a trainee carrying out plumbing or drainage work, or an unlicensed person carrying out drainage work, if the licensee— (a) is the trainee's or unlicensed person's employer; or (b) is directed by the trainee's or unlicensed person's employer to directly supervise the trainee or unlicensed person. (3) A licensee contravenes subsection (1) if the licensee fails to have regard to a guideline that is relevant to licensees directly supervising trainees carrying out plumbing or drainage work or unlicensed persons carrying out drainage work. 60 Contravening licence conditions A licensee must not contravene a condition of the licensee's licence. Maximum penalty—100 penalty units. 61 Limits on provisional licensees (1) A provisional licensee must not carry out plumbing or drainage work under the licensee's provisional licence unless supervised by a person who holds a licence to carry out the work. Maximum penalty—100 penalty units. (2) This section does not apply to plumbing or drainage work that is work mentioned in section 58(1)(a), (d) or (e). 62 Returning suspended or cancelled licence (1) This section applies if the commissioner or QCAT suspends or cancels a licence. (2) The licensee must return the licence to the commissioner within 10 business days after receiving an information notice about the suspension or cancellation, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units. (3) If the licence is suspended, the commissioner must return the licence to the licensee as soon as practicable after the suspension ends. (4) In this section— licensee, for a cancelled licence, means the person who was the licensee for the licence while the licence was in force. 63 Surrendering licence (1) A licensee may surrender the licensee's licence by notice given to the commissioner. (2) The surrender takes effect— (a) on the day the notice is given to the commissioner; or (b) if a later day is stated in the notice—on the later day. (3) The licensee must return the licence to the commissioner within 10 business days after the day the surrender takes effect, unless the licensee has a reasonable excuse. Maximum penalty—10 penalty units. Division 2 Offences about carrying out plumbing or drainage work 64 Complying with code requirements for plumbing and drainage work (1) A person who carries out plumbing or drainage work must ensure the work complies with the code requirements for the work. Maximum penalty—100 penalty units. (2) A person who prepares a plan for plumbing or drainage work must ensure the plan complies with the code requirements for the work. Maximum penalty—100 penalty units. (3) It is irrelevant for an offence against subsection (1) or (2) whether a permit was issued for the plumbing or drainage work. Note— See sections 9 and 46. 65 Installing things as part of plumbing or drainage work (1) A person must not install, as part of plumbing or drainage work, a thing unless the thing is— (a) a WaterMark product that— (i) complies with the code requirements for plumbing or drainage work; and (ii) is not a prohibited WaterMark product; or (b) if the thing is all or part of a secondary on-site sewage treatment plant—a thing for which a treatment plant approval has been granted; or (c) if the thing is all or part of an on-site sewage treatment plant other than a secondary on-site sewage treatment plant—a thing that complies with the code requirements for plumbing or drainage work; or Example— septic tank (d) an environmentally relevant on-site sewage facility; or (e) if the thing is all or part of a greywater treatment plant— (i) a thing for which a treatment plant approval has been granted; or (ii) a thing used to treat greywater for a use prescribed under section 79(5)(b); or (f) a thing prescribed by regulation as a thing that is approved for installation as plumbing or drainage. Maximum penalty—100 penalty units. (2) In this section— secondary on-site sewage treatment plant means an on-site sewage treatment plant that produces effluent of a quality equal to or higher than secondary quality effluent. secondary quality effluent see the Queensland Plumbing and Wastewater Code. 66 Permit required for permit work (1) A person must not carry out permit work unless— (a) a permit has been issued for the work; and (b) the person carries out the work in compliance with the permit and any conditions of the permit. Maximum penalty—250 penalty units. (2) A person must not direct another person to carry out permit work unless a permit has been issued for the work. Maximum penalty—250 penalty units. (3) In a proceeding for an offence against subsection (2), it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the work the person is directing another person to carry out is permit work. 67 Directing persons to carry out non-compliant work (1) A person must not direct another person to carry out plumbing or drainage work in a way that does not comply with the code requirements for the work. Maximum penalty—100 penalty units. (2) In a proceeding for an offence against subsection (1), it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the way in which the person is directing another person to carry out plumbing or drainage work does not comply with the code requirements for the work. (3) A person must not direct another person to install, as part of plumbing or drainage work, a thing unless the thing is a thing mentioned in section 65(1)(a) to (f). Maximum penalty—100 penalty units. (4) In a proceeding for an offence against subsection (3), it is a defence for the person to prove that the person did not know, and could not reasonably be expected to have known, that the thing the person is directing another person to install, as part of plumbing or drainage work, is not a thing mentioned in section 65(1)(a) to (f). Note— See sections 9 and 46. 68 Polluting water service provider's water service or sewerage service provider's sewerage system (1) In carrying out plumbing work, a person must not do anything likely to pollute water in a water service provider's water service. Maximum penalty—250 penalty units. (2) In carrying out drainage work, a person must not do anything likely to pollute a sewerage service provider's sewerage system. Maximum penalty—250 penalty units. Division 3 Offences about use restrictions 69 Using plumbing or drainage before inspection certificate or final inspection certificate issued for permit work (1) A person must not use plumbing or drainage that is the result of permit work, unless an inspection certificate or final inspection certificate has been issued for the permit work stating— (a) the work the subject of the certificate is compliant; and (b) the plumbing or drainage resulting from work the subject of the certificate is operational and fit for use. Example— A permit is given to a plumber for permit work for a new house. After inspecting the permit work for the ensuite, an inspector gives the plumber an inspection certificate for the work stating the plumbing work and drainage work for the ensuite is compliant and the toilet, shower and basin are operational and fit for use. A person does not contravene this section if the person uses the toilet, shower or basin in the ensuite after the inspection certificate is given. When the remainder of the permit work for the house is completed and after inspecting the work, an inspector gives the plumber a final inspection certificate for the work stating all the plumbing work and drainage work for the house is compliant and all the plumbing and drainage is operational and fit for use. A person does not contravene this section if the person uses a toilet, shower, basin, sink or any other plumbing or drainage that is the result of the permit work after the final inspection certificate is given. Maximum penalty—250 penalty units. (2) For subsection (1), plumbing or drainage work is compliant if the work complies with the matters prescribed by regulation. (3) This section does not apply to the following persons when testing the functionality of the plumbing or drainage, or checking the operation of a water supply system to confirm the system is operational and fit for use and that the apparatus installed in the system are functioning correctly— (a) a licensee carrying out the permit work; (b) a licensee supervising the carrying out of the permit work; (c) an inspector. 70 Owner's obligation for operating and maintaining plumbing and drainage (1) The owner of premises must take all reasonable steps to ensure all plumbing and drainage on the premises is kept in good condition and operates properly. Maximum penalty—250 penalty units. (2) If a permit has been issued for permit work for plumbing or drainage on premises, the owner of the premises must ensure the plumbing or drainage is operated and maintained in compliance with the conditions of the permit. Maximum penalty—250 penalty units. Division 4 Prohibitions on removing or tampering with particular devices 71 Backflow prevention devices Unless authorised under this Act or another Act, a person must not— (a) remove a backflow prevention device installed at premises; or (b) do anything to a backflow prevention device installed at premises that makes the device inoperable. Maximum penalty—250 penalty units. 72 Temperature control devices (1) Unless authorised under this Act or another Act, a person must not— (a) remove a temperature control device installed at premises; or (b) do anything to a temperature control device installed at premises that makes the device inoperable. Maximum penalty—250 penalty units. (2) In this section— temperature control device means— (a) a mixing valve that automatically controls the temperature from a mixed water outlet to a preselected temperature using a thermostatic element or sensor; or (b) a mixing valve that is temperature activated and used to control a hot water supply with cold water to deliver hot water at a lower temperature at 1 or more outlet fixtures; or (c) another device installed to deliver hot water at a lower temperature at 1 or more outlet fixtures. 73 Tampering with water meter (1) A person must not tamper with a water meter. Maximum penalty—250 penalty units. (2) In this section— tamper, with a water meter, includes tamper with the plumbing associated with the water meter in a way that may hinder the capacity of the meter to accurately measure the volume of water supplied to premises. Division 5 Discharge and disposal offences 74 Discharging toilet waste and water (1) The owner of premises must ensure waste and water from a toilet or soil fixture on the premises is discharged into— (a) for premises in a sewered area— (i) the sewerage system for the area; or (ii) if the premises have an on-site sewage treatment plant for which there is a treatment plant testing approval—the on-site sewage treatment plant; or (iii) if the premises have a holding tank for the storage of the waste and water from a toilet or soil fixture on the premises installed under a permit and the period stated in the permit has not ended—the holding tank; or (b) for other premises— (i) an on-site sewage facility; or (ii) an environmentally relevant on-site sewage facility. Maximum penalty—250 penalty units. (2) In this section— soil fixture see the glossary. toilet includes a bidet. 75 Permissible and prohibited discharges (1) A person must not discharge waste into an on-site sewage facility unless the waste is sewage that the facility is designed to receive. Maximum penalty—250 penalty units. (2) A person must not discharge a prohibited substance into an on-site sewage facility. Maximum penalty—250 penalty units. (3) However, a person does not contravene subsection (2) only because the person discharges a substance that has a temperature greater than 38ºC into an on-site sewage facility if— (a) the substance was used for cooking food or cleaning; and (b) the substance is discharged into the on-site sewage facility via a fixture on the premises on which the on-site sewage facility is installed. (4) In this section— prohibited substance means— (a) a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, an on-site sewage facility; or Examples for paragraph (a)— • ash, cinders, sand, mud, straw and shavings • metal, glass and plastics • paper and plastic dishes, cups and milk containers • rags, feathers, tar and wood • whole blood, paunch manure, hair and entrails • oil and grease • cement laden waste water, including wash down from exposed aggregate concrete surfaces (b) a flammable or explosive solid, liquid or gaseous substance; or (c) floodwater, rainwater, stormwater, or roof water, seepage water, subsoil water and surface water; or (d) a substance that, given its quantity, is capable alone, or by interaction with another substance discharged into an on-site sewage facility, of— (i) inhibiting or interfering with a sewage treatment process; or (ii) causing damage or a hazard to an on-site sewage facility; or (iii) causing a hazard for humans or animals; or (iv) creating a hazard in waters into which the substance is discharged; or (v) creating a public nuisance; or (vi) contaminating the environment in places where effluent or sludge from a sewage treatment plant is discharged or reused; or Example for paragraph (d)— a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property (e) a substance having a temperature greater than— (i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or (ii) otherwise—38ºC. 76 Disposing of contents of on-site sewage facility (1) A person must dispose of effluent from an on-site sewage facility installed on premises only— (a) if the facility is installed only for testing purposes—in a way stated in the permit for the installation of the facility; or (b) otherwise— (i) to common effluent drainage; or (ii) in a way stated in the permit for the installation of the facility. Maximum penalty—250 penalty units. (2) The person must ensure— (a) the effluent does not cause an odour that unreasonably interferes, or is likely to unreasonably interfere, with the use or enjoyment of other premises; and (b) any ponding or run-off of the effluent does not cause a danger or health risk to anyone; and (c) any ponding or run-off of the effluent is contained— (i) if there is a land application area for the effluent—on the land application area; or (ii) otherwise—on the premises. Maximum penalty—100 penalty units. (3) A person must dispose of the contents, other than effluent, of an on-site sewage facility only to a place, and in a way, stated in the permit for the installation of the facility. Example of contents other than effluent— sludge Maximum penalty—250 penalty units. (4) This section does not apply to effluent or other contents removed from an on-site sewage facility for testing. 77 Disposing of contents of greywater treatment plant A person must not dispose of the contents of a greywater treatment plant into the sewerage system for the area in which the plant is located, unless the person has the local government's approval. Example of contents— sludge Maximum penalty—100 penalty units. 78 Discharging kitchen greywater (1) The owner o