Queensland: Queensland Building and Construction Commission Act 1991 (Qld)

Queensland Building and Construction Commission Act 1991 An Act to regulate the building industry Part 1 Preliminary 1 Short title This Act may be cited as the Queensland Building and Construction Commission Act 1991. 2 [Repealed] 3 Objects of Act The objects of this Act are— (a) to regulate the building industry— (i) to ensure the maintenance of proper standards in the industry; and (ii) to achieve a reasonable balance between the interests of building contractors and consumers; and (b) to provide remedies for defective building work; and (c) to provide support, education and advice for those who undertake building work and consumers; and (d) to regulate domestic building contracts to achieve a reasonable balance between the interests of building contractors and building owners; and (e) to regulate building products to ensure— (i) the safety of consumers and the public generally; and (ii) persons involved in the production, supply or installation of building products are held responsible for the safety of the products and their use; and (f) to provide for the proper, efficient and effective management of the commission in the performance of its functions. 4 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4AA Who is an influential person for a company (1) An influential person, for a company, is an individual, other than a director or secretary of the company, who is in a position to control or substantially influence the company's conduct. (2) However, an influential person does not include— (a) a professional, only because the advice given by the professional influences the company's conduct; or (b) a regulator, only because the regulator, when exercising a power or performing a function under an Act or other law, influences the company's business; or (c) an administrator, controller, provisional liquidator or liquidator within the meaning of the Corporations Act, section 9. (3) Without limiting subsection (1), a person may be an influential person for a company if the person— (a) is the chief executive officer or general manager of the company, or holds an equivalent position in the company; or (b) is acting in a position mentioned in paragraph (a); or (c) directly or indirectly owns, holds or controls 50% or more of the shares in the company, or 50% or more of a class of shares in the company; or (d) gives instructions to an officer of the company and the officer generally acts on those instructions; or (e) makes, or participates in making, decisions that affect the whole or a substantial part of the company's business or financial standing; or (f) engages in conduct or makes representations that would cause someone else to reasonably believe the person controls, or substantially influences, the company's business. (4) In this section— professional— (a) means a person who provides professional advice to more than 1 client; but (b) does not include a person who provides professional advice to a client in the person's capacity as an employee of the client. Example— a lawyer or accountant, employed in that capacity by a firm of lawyers or accountants, engaged by a company to give the company advice on a particular topic regulator means— (a) a person employed by a State, a local government or the Commonwealth; or (b) a person engaged by a State, a local government or the Commonwealth to provide a particular service or carry out a particular activity; or (c) an agent of a person mentioned in paragraph (b) if, in that capacity, the person provides the service or carries out the activity the person is engaged to provide or carry out. 4A Value of building work carried out in stages If building work is, or is to be, carried out in stages under a series of separate contracts, a reference in this Act to the value of the building work is a reference to the aggregate value of the building work carried out, or to be carried out, under those contracts. 4B Act binds all persons This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. 4C Certain building contractors not bound Parts 5 and 6 do not bind a building contractor to the extent that the business carried on by the building contractor consists of or includes— (a) carrying out completed building inspections; or (b) contract administration carried out in relation to building work designed by the building contractor. Part 2 Queensland Building and Construction Commission Division 1 Establishment, functions and powers 5 Establishment and status (1) The Queensland Building and Construction Commission is established. (2) The commission— (a) is a body corporate; and (b) has a common seal; and (c) may sue and be sued in its corporate name. 6 Constitution The commission consists of— (a) the Queensland Building and Construction Board; and (b) the commissioner and the organisational unit under the control of the commissioner; and (c) the Service Trades Council. Note— The Service Trades Council is continued in existence under the Plumbing and Drainage Act 2018, section 105. 7 Functions The commission has the following functions— (a) to administer this Act and further its objects; (b) any function given to it under another Act. 8 Powers (1) The commission has all the powers of an individual and may, for example— (a) enter into contracts or agreements; and (b) acquire, hold, deal with and dispose of, property; and (c) employ staff; and (d) appoint agents and attorneys; and (e) engage consultants; and (f) charge a fee for services and other facilities it supplies; and (g) do anything else necessary or convenient to be done for its functions. (2) Without limiting subsection (1), the commission has the powers given to it under an Act. 9 Ministerial direction (1) The Minister may give the commission a written direction in relation to the commission and its functions. (2) The commission must comply with the direction. (3) The Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 7 sitting days after it is given. (4) The commission's annual report under the Financial Accountability Act 2009, section 63 for the year in which the direction is given must include a copy of the direction. 9A [Repealed] Division 2 Queensland Building and Construction Board Subdivision 1 Establishment and functions 10 Establishment The Queensland Building and Construction Board is established as the commission's governing body. 10A [Repealed] 11 Functions The board has the following functions— (a) deciding the strategies and the operational, administrative and financial policies to be followed by the commission; (b) ensuring the commission performs its functions and exercises its powers in a proper, effective and efficient way; (c) providing guidance and leadership to the commissioner; (d) providing guidance and leadership to the Service Trades Council, other than in relation to its function of conferring on national policy development and implementation for the plumbing and drainage trade under the Plumbing and Drainage Act 2018; (e) advising the Minister on issues affecting— (i) the building industry; and (ii) consumers; and (iii) the administration of this Act; and (iv) the administration of the commission; (f) advising the Minister about unfair or unconscionable trading practices affecting security of payments to contractors and subcontractors; (g) consulting the building industry and its consumers and advancing their interests, consistently with the objects of this Act. Subdivision 2 Membership 12 Appointment (1) The board consists of not more than 7 members appointed by the Governor in Council. (2) In appointing a person as a member, the Governor in Council is to— (a) have regard to the person's ability to make a contribution to the effective and efficient performance of the commission's functions; and (b) have regard to the person's experience and competence in the following areas— (i) building and construction; (ii) finance; (iii) corporate governance and risk; (iv) insurance, including knowledge and experience in the reinsurance market; (v) consumer advocacy and awareness; (vi) public sector governance, including administration and enforcement of laws; and (c) as far as possible, ensure the board has equal representation of the areas mentioned in paragraph (b). (3) The members are appointed under this Act and not the Public Sector Act 2022. 13 Disqualification as member A person is disqualified from becoming, or continuing as, a member if the person— (a) has a recorded conviction, other than a spent conviction, for an indictable offence; or (b) is an insolvent under administration; or (c) is not able to manage a corporation because of the Corporations Act, part 2D.6; or (d) is a relevant officer or contractor of the commission. 14 Conditions of appointment (1) A member is to be paid the remuneration and allowances decided by the Governor in Council. (2) For matters not provided for by this Act, a member holds office on the terms and conditions decided by the Governor in Council. 15 Term of appointment (1) A member is appointed for the term, of no more than 3 years, stated in the member's instrument of appointment. (2) However, a person's appointment as a member ends if, during the term of the appointment, the person becomes disqualified under section 13. 16 Chairperson (1) The Governor in Council must appoint a member as the chairperson of the board. (2) A person may be appointed as the chairperson when the person is appointed as a member. (3) The chairperson holds office for the term, ending no later than the person's term of appointment as a member, stated in the person's instrument of appointment as chairperson. (4) However, a person's appointment as chairperson ends if, during the term of the appointment, the person stops being a member. 17 Deputy chairperson (1) The Governor in Council must appoint a member, other than the chairperson, as deputy chairperson of the board. (2) The deputy chairperson holds office for the term, ending no later than the person's term of appointment as a member, stated in the person's instrument of appointment as deputy chairperson. (3) However, a person's appointment as deputy chairperson ends if, during the term of the appointment, the person stops being a member. (4) The deputy chairperson must act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. (5) A person may be appointed as the deputy chairperson when the person is appointed as a member. 18 Resignation (1) A member may resign by signed notice given to the Minister. (2) Also, a member may resign the office of chairperson or deputy chairperson by signed notice given to the Minister. (3) The resignation takes effect— (a) on the day the notice is given; or (b) if a later day is stated in the notice—on the later day. (4) A person resigning from the office of chairperson or deputy chairperson may continue to be a member. Subdivision 3 [Repealed] 19 [Repealed] Subdivision 4 Business 20 Conduct of business Subject to this division and any requirement prescribed under a regulation, the board may conduct its business, including its meetings, in the way it considers appropriate. 20A Meetings (1) The chairperson must convene a meeting when requested by at least 3 members. (2) At a meeting of the board— (a) the number of members that is half the number appointed at the time of the meeting constitutes a quorum; and (b) a question is to be decided by a majority of votes of the members present and voting; and (c) each member present has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting has a casting vote. (3) The board must keep minutes of its meetings. 20B Committees (1) The Building Products Advisory Committee is established. (2) The Building Products Advisory Committee— (a) consists of the members prescribed by regulation; and (b) has a primary function of giving the Minister, commissioner and board advice about the following matters— (i) the suitability of particular building products for particular uses; (ii) the safety of particular building products, whether or not they are associated with an existing building; (iii) the safety of a building with which a non-conforming building product has been associated; (iv) how to promote the safe use of building products in the building industry; (v) how to raise awareness of non-conforming building products; (vi) action under this Act that may be appropriate for dealing with non-conforming building products; and (c) has any other functions prescribed by regulation; and (d) has all the powers necessary for performing its functions, including obtaining expert advice from industry bodies and other persons. (3) The board, or the Minister, may appoint other committees to advise the Minister, commissioner or board on particular subjects. 20C Disclosure of interests (1) This section applies to a member if— (a) the member has an interest in an issue being considered, or about to be considered, by the board; and (b) the interest conflicts or may conflict with the proper performance of the member's duties about the consideration of the issue. (2) After the relevant facts come to the member's knowledge, the member must disclose the nature of the interest to a board meeting. (3) Unless the board otherwise directs, the member must not— (a) be present when the board considers the issue; or (b) take part in a decision of the board about the issue. (4) The member must not be present when the board is considering whether to give the direction. (5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when the board is considering whether to give the direction; or (b) take part in making the decision about giving the direction. (6) Subsections (7) and (8) apply if— (a) because of this section, a member is not present at a board meeting for considering or deciding the issue, or for considering or deciding whether to give the direction; and (b) there would be a quorum if the member were present. (7) The remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (8) If there are no members who may remain present for considering or deciding the issue, the Minister may consider and decide the issue. (9) The disclosure must be recorded in the board's minutes. Division 3 Commissioner 20D Appointment (1) The commission must have a commissioner. (2) The commissioner must be appointed by the board with the Minister's prior written approval. (3) The commissioner is employed under this Act and not under the Public Sector Act 2022. 20E Disqualification as commissioner A person is disqualified from becoming, or continuing as, the commissioner if the person— (a) has a recorded conviction, other than a spent conviction, for an indictable offence; or (b) is an insolvent under administration; or (c) is not able to manage a corporation because of the Corporations Act, part 2D.6; or (d) is a member or a contractor of the commission. 20F Conditions of appointment For matters not provided for under this Act or stated in the contract of employment, the commissioner holds office on the terms of appointment decided by the board with the Minister's written approval. 20G Term of appointment (1) The commissioner holds office for the term, not more than 3 years, stated in his or her contract of employment. (2) However, a person's appointment as commissioner ends if, during the term of the appointment, the person becomes disqualified under section 20E. (3) Although the board may, at any time, remove a person appointed as commissioner, the removal does not affect any rights to compensation to which the person is entitled under his or her contract of employment. 20H Resignation The commissioner may resign by signed notice given to the chairperson of the board. 20I Appointment of acting commissioner The board may only act under the Acts Interpretation Act 1954, section 24B or 25 in appointing a person to act in the office of commissioner with the Minister's prior written approval. 20J Role of the commissioner (1) The commissioner is responsible for the following— (a) the overall management of the organisational unit under the control of the commissioner; (b) administration of the licensing system established by this Act; (c) administration of a system of inspection; (d) issuing directions for rectification of building work under this Act; (e) monitoring, investigating and enforcing compliance with part 6AA, including giving directions for remedial action for contraventions of part 6AA, division 2, subdivision 2; (f) taking disciplinary and other proceedings under this Act; (g) assessing and approving payment of insurance claims; (h) undertaking strategic planning; (i) issuing warnings to the public or any section of the public; (j) providing and promoting consumer education; (k) publishing information about building products, including, for example— (i) the uses for which particular building products are not suitable; and (ii) how to use particular building products to ensure their use is safe and complies with relevant legislation; (l) providing an advisory service to consumers about— (i) their statutory rights and obligations; and (ii) insurance claims that may arise about building work; and (iii) the commission's role, functions and operating procedures; and (iv) any incidental matters; (m) providing courses of instruction for— (i) persons seeking to obtain licences; and (ii) licensees; and (iii) persons proposing to carry out building work as owner-builders; and (iv) other persons seeking to acquire knowledge or expertise in subjects related to the building industry; (n) performing a function given to the commissioner under an Act. (2) In undertaking the strategic planning, the commissioner must have regard to cyclical industry conditions to ensure the commission's available revenue base, and its assets and reserves, are enough to allow it to maintain the services it is required to provide. (3) The commissioner has all the powers necessary for carrying out those responsibilities and any function (an additional function) the commissioner is authorised by another Act to carry out. (4) In carrying out an additional function, the commissioner may adopt the procedures of this Act unless the Act authorising the function prescribes another procedure. 20K Relationship between commissioner and board (1) In carrying out the commissioner's responsibilities, other than performing an additional function, the commissioner must give effect to any policy or direction of the board relevant to the responsibility. (2) However, the commissioner must act independently of the board when making any of the following types of decisions giving effect to the board's policies— (a) a decision about the action to be taken about a licensee's licence; (b) a decision about rectification or completion of building work; (c) a decision relating to the statutory insurance scheme; (d) a decision to give information to a health and safety regulator under section 28A; (e) a decision to give a direction under section 74AN; (f) a decision about a building product undertaking under part 6AA, division 3; (g) a decision to issue a stop work notice under section 108AI. (3) The commissioner must— (a) report regularly to the board on the administration of this Act; and (b) at the request of the board, provide the board with a special report on a particular subject. (4) In this section— additional function see section 20J(3). 20L Commissioner not to engage in other paid employment The commissioner must not, without the board's prior written approval— (a) engage in paid employment outside the duties of the office of commissioner; or (b) actively take part in the activities of a business, or in the management of a corporation carrying on business. 20M Conflicts of interest If the commissioner has an interest that conflicts or may conflict with the discharge of the commissioner's responsibilities, the commissioner— (a) must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the commissioner's knowledge; and (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board. Division 4 [Repealed] (Repealed) Division 5 The insurance manager 21 Appointment of insurance manager (1) There is to be an insurance manager of the commission. (2) The commission must— (a) appoint an individual to be the insurance manager; or (b) enter into a work performance arrangement under which an employee of the employing office or of another government entity holds office as the insurance manager. (3) If the commission appoints a person to be the insurance manager under subsection (2)(a), the remuneration and conditions of appointment of the insurance manager are to be decided by the commission. (4) The commission may appoint a person to act, or enter into a work performance arrangement under which an employee of the employing office or of another government entity acts, as insurance manager of the commission— (a) when there is a vacancy in the position of insurance manager of the commission; or (b) for any period, or all periods, when the insurance manager is absent from duty or, for any other reason, can not perform the functions of the position. 22 Role of insurance manager (1) The insurance manager must report regularly to the board on the administration of the statutory insurance scheme and, if asked by the board, must give the board a special report on a particular subject. (2) The insurance manager is independent of the commissioner's direction in reporting under subsection (1), but is otherwise subject to the commissioner's direction. 23 [Repealed] 24 [Repealed] Division 6 Financial provisions 25 General Statutory Fund (1) A fund called the General Statutory Fund is established. (2) The fund consists of— (a) the balance of the Builders' Registration Board General Fund as at the commencement of this section; and (b) any money received or recovered by the commission except in connection with the insurance scheme; and (c) all amounts transferred from the Insurance Fund under section 26. (3) The following amounts are to be paid from the fund— (a) costs of administering this Act, apart from the costs of administering the statutory insurance scheme; (b) amounts mentioned in subsection (4A). (4) A regulation may state a single amount that is to be transferred from the fund to the Insurance Fund. (4A) The commission must, at times decided by the commission, transfer amounts from the fund to the Insurance Fund in payment of the single amount stated in the regulation made under subsection (4). (5) The commission may apply any amount surplus to the commission's budgetary requirements for a particular financial year to encourage or assist education or research related to the building industry. 26 Insurance Fund (1) A fund called the Insurance Fund is established. (2) The fund consists of— (a) the balance of the Builders' Registration Board Insurance Fund as at the commencement of this section; and (b) all money received or recovered by the commission in connection with the statutory insurance scheme; and (c) all amounts transferred from the General Statutory Fund under section 25. (3) The following amounts are to be paid from the fund— (a) the costs of administering the statutory insurance scheme; (b) the costs of paying out claims under the statutory insurance scheme. (4) A regulation may require the fund to be managed— (a) in the way prescribed under a regulation; or (b) in accordance with an external standard of fund administration prescribed under a regulation. 26A Management of statutory insurance scheme The commission must ensure that the statutory insurance scheme is managed in accordance with actuarially sustainable principles so that the amounts paid into the Insurance Fund under section 26(2) will be sufficient to satisfy the amounts to be paid from the Insurance Fund under section 26(3). 27 Application of financial Acts (1) The commission is— (a) a statutory body under the Financial Accountability Act 2009; and (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA). (2) The SBFA, part 2B, sets out the way in which the commission's powers under this Act are affected by the SBFA. 28 Commission's obligation to report suspected offence If the commission has reason to suspect that an offence resulting in loss of money, or loss or damage to other property has been committed, the matter must be reported to the auditor-general and the police. Division 7 Other provisions 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. 28A Commission must give particular information to health and safety regulator (1) This section applies if the commission considers information obtained by the commission in the performance of a function under this Act in relation to a notifiable incident may be relevant to the functions of a health and safety regulator. (2) The commission must give the information to the health and safety regulator. (3) In this section— health and safety regulator means— (a) the regulator under the Work Health and Safety Act 2011; or (b) the regulator under the Electrical Safety Act 2002; or (c) the chief executive of the department in which the Public Health Act 2005 is administered, or a chief executive officer of a local government, but only in relation to the chief executive's or chief executive officer's functions under the Public Health Act 2005; or (d) an entity that— (i) has functions similar to the functions of the commission or an entity mentioned in paragraph (a) to (c); and (ii) is prescribed by regulation for this section. 28B Exchange of information between commission and relevant agencies (1) The commission may enter into an arrangement (an information-sharing arrangement) with a relevant agency for the purpose of sharing or exchanging information— (a) held by the commission or the relevant agency; or (b) to which the commission or the relevant agency has access. (2) An information-sharing arrangement may relate only to information— (a) that helps— (i) the commission perform the commission's functions; or Note— For the commission's functions, see section 7. (ii) the relevant agency perform its functions; or (b) the disclosure of which is reasonably necessary for protecting the health or safety of a person or property. (3) Under an information-sharing arrangement, the commission and the relevant agency are, despite another Act or law, authorised to— (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and (b) disclose information to the other party. (4) In this section— relevant agency means— (a) the chief executive of a department; or (b) a health and safety regulator within the meaning of section 28A; or (c) a local government; or (d) an agency of the Commonwealth, or another State, prescribed by regulation; or (e) an entity established under an Act. 28C Notice of particular events to interstate or New Zealand licensing authorities (1) This section applies if— (a) the commission is aware a licensee holds an interstate or New Zealand licence; and (b) any of the following events happen for the licensee— (i) a licence is cancelled; (ii) a licence is suspended; (iii) a licence is restored; (iv) the suspension of a licence ends; (v) a relevant event. (2) The commission may give written notice of the event to the interstate or New Zealand licensing authority that granted the interstate or New Zealand licence. (3) The commission must give a copy of the notice to the licensee. 29 Commission may enter into work performance arrangements (1) The commission may enter into, and give effect to, a work performance arrangement with— (a) the employing office; or (b) the appropriate authority of another government entity. (2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement. (3) For example, a work performance arrangement may provide for— (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and (b) the authorising of a person to exercise powers for the arrangement; and (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment. (4) A person performing work for the commission under a work performance arrangement entered into under subsection (1)— (a) is not employed by the commission; and (b) remains an employee of the employing office, or an employee of the other government entity whose appropriate authority is a party to the arrangement. (5) To remove any doubt, it is declared that the commission does not have power to employ a person performing work for the commission under a work performance arrangement entered into under subsection (1). Part 2A Queensland Building and Construction Employing Office Division 1 Establishment and functions of employing office 29A Establishment of employing office (1) The Queensland Building and Construction Employing Office is established. (2) The employing office consists of— (a) the executive officer; and (b) the employees of the employing office. (3) The employing office is a separate entity from the commission. 29B Employing office represents the State (1) The employing office represents the State. (2) Without limiting subsection (1), the employing office has the status, privileges and immunities of the State. 29C Functions of employing office (1) The main functions of the employing office are— (a) entering into, for the State, a work performance arrangement with the commission under which employees of the employing office perform work for the commission; and (b) employing, for the State, staff to perform work for the commission under the work performance arrangement; and (c) doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b). (2) Also, the employing office has any other function conferred on the employing office under this or another Act. (3) This section does not limit the employing office's power to enter into and give effect to a work performance arrangement under section 29G with a government entity other than the commission. Division 2 Executive officer 29D Appointment of executive officer (1) There is to be an executive officer of the employing office. (2) The executive officer is to be appointed by the Governor in Council. (3) The executive officer is appointed under this Act and not under the Public Sector Act 2022. 29E Executive officer acting for employing office (1) The employing office acts through the executive officer. (2) Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office. Division 3 Staff of employing office 29F Employing office may employ staff (1) The employing office may, for the State, employ staff. (2) A person employed under subsection (1) is an employee of the employing office. (3) The employing office may decide the terms of employment of the employees of the employing office. (4) Subsection (3) applies subject to any relevant industrial instrument. (5) Employees of the employing office are employed under this Act and not under the Public Sector Act 2022. 29G Employing office may enter into work performance arrangements (1) The employing office may, for the State, enter into and give effect to a work performance arrangement with— (a) the commission; or (b) the appropriate authority of another government entity. (2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement. (3) For example, a work performance arrangement may provide for— (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and (b) the authorising of a person to exercise powers for the arrangement; and (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment. (4) A person performing work for the commission or other government entity under a work performance arrangement entered into under subsection (1)— (a) is not employed by the commission or other government entity; and (b) remains an employee of the employing office. (5) To remove any doubt, it is declared that the commission or another government entity does not have power to employ a person performing work for the commission or other government entity under a work performance arrangement entered into under subsection (1). Division 4 Other provisions 29H Employing office is statutory body (1) The employing office is a statutory body under— (a) the Financial Accountability Act 2009; and (b) the Statutory Bodies Financial Arrangements Act 1982. (2) For applying the Financial Accountability Act 2009 to the employing office as a statutory body— (a) the executive officer is taken to be the chairperson of the employing office; and (b) the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general's report as soon as practicable after they are received by the employing office; and (c) the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them. Part 3 Licensing Division 1 Classes of licences 30 Classes of contractors' licences (1) A licence (a contractor's licence) may be issued authorising the licensee— (a) to carry out all classes of building work; or (b) to carry out building work of 1 or more classes specified in the licence. (2) Contractors' licences are to be divided into classes by regulation— (a) according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and (b) if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates. (3) A contractor's licence may be issued for any class of licence. 30A Nominee supervisor's licence (1) A licence (a nominee supervisor's licence) may be issued authorising an individual— (a) if the individual is the nominee for a licensed contractor that is a company, to— (i) provide supervisory services for building work carried out under the company's licence; and (ii) perform the functions required of a nominee under this Act; or (b) if the individual is an officer or employee of a company, other than the company's nominee—to personally supervise building work carried out under the company's licence. (2) An individual who holds a nominee supervisor's licence and who is the employee of a licensed contractor that is an individual may personally supervise building work carried out under the contractor's licence. (3) Nominee supervisors' licences are to be divided into classes by regulation— (a) according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and (b) if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates. (4) A nominee supervisor's licence may be issued for any class of licence. 30B Site supervisor's licence (1) A licence (a site supervisor's licence) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally supervise building work carried out under the company's licence. (2) A licence (also a site supervisor's licence) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally supervise building work carried out under the contractor's licence. (3) Site supervisors' licences are to be divided into classes by regulation— (a) according to whether the licence relates to all classes of building work or is limited to a specified class or specified classes of building work; and (b) if the licence is limited to a specified class, or specified classes, of building work—according to the class or classes of building work to which it relates. (4) A site supervisor's licence may be issued for any class of licence. 30C Fire protection occupational licence (1) A licence (a fire protection occupational licence) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally carry out and personally supervise fire protection work carried out under the company's licence. (2) A licence (also a fire protection occupational licence) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally carry out and personally supervise fire protection work carried out under the contractor's licence. (3) Fire protection occupational licences are to be divided into classes by regulation— (a) according to whether the licence relates to all classes of fire protection work or is limited to a specified class or specified classes of fire protection work; and (b) if the licence is limited to a specified class, or specified classes, of fire protection work—according to the class or classes of fire protection work to which it relates. (4) A fire protection occupational licence may be issued for any class of licence. 30CA Meaning of fire protection work (1) Work is fire protection work if it is any of the following work for a building or part of a building— (a) the installation, restoration, repair or maintenance of fire protection equipment; (b) the preparation of a certificate, statement or record relating to the installation, restoration, repair or maintenance of fire protection equipment; (c) the preparation of a certificate, statement or record stating whether fire protection equipment meets a standard, requirement or specification; (d) the design of fire protection equipment; (e) the inspection or investigation of, and the provision of advice or a report about, compliance with the Building Act 1975 or the Building Code of Australia relating to fire safety. (2) However, the following work is not fire protection work— (a) the installation, repair or maintenance of a battery-operated smoke alarm in a building that is a class 1a or 2 building under the Building Code of Australia; (b) work of a type prescribed by regulation not to be fire protection work. (3) A regulation under subsection (2)(b) may prescribe work that is the installation, restoration, repair, maintenance, certification or inspection, including testing, of fire protection equipment mentioned in schedule 2, definition fire protection equipment, paragraph (b), (c), (d) or (e) only if the work is any of the following— (a) work of a value of no more than $1,100 performed personally by the owner of the land on which the work is performed; (b) work on a class 1a building of a value of no more than $11,000 performed personally by the owner of the land on which the work is performed, if the work is authorised under a fire protection occupational licence held by the owner; (c) certification work performed by a building certifier under the Building Act 1975 in the certifier's professional practice; (d) work performed by a registered professional engineer under the Professional Engineers Act 2002 in performing a professional engineering service under that Act; (e) electrical work under the Electrical Safety Act 2002 relating to a fire or smoke detection system, heat or smoke alarm or another alarm system or emergency warning and communication system; (f) work performed by a local government or the State. 30D Mechanical services occupational licence (1) A licence (a mechanical services occupational licence) may be issued authorising an individual, while the individual is an officer or employee of a licensed contractor that is a company, to personally carry out and personally supervise mechanical services work carried out under the company's licence. (2) A licence (also a mechanical services occupational licence) may be issued authorising an individual, while the individual is an employee of a licensed contractor that is an individual, to personally carry out and personally supervise mechanical services work carried out under the contractor's licence. (3) Mechanical services occupational licences are to be divided into classes by regulation— (a) according to whether the licence relates to all classes of mechanical services work or is limited to a specified class or specified classes of mechanical services work; and (b) if the licence is limited to a specified class, or specified classes, of mechanical services work—according to the class or classes of mechanical services work to which it relates. (4) A mechanical services occupational licence may be issued for any class of licence. 30E Regulation may prescribe continuation and renewal of particular class of licence A regulation may provide that a licence of a particular class may continue to be held and renewed by a person who held the licence immediately before the regulation was made or amended, even though the class of licence is no longer prescribed under this division. Division 2 Entitlement to licence 31 Entitlement to contractor's licence (1) A person (not being a company) is entitled to a contractor's licence if the commission is, on application by that person, satisfied that— (a) the applicant is a fit and proper person to hold the licence; and (b) the applicant has the qualifications and experience required by regulation in relation to a licence of the relevant class; and (c) the applicant satisfies the minimum financial requirements for the licence; and (d) the applicant can lawfully work in Queensland; and (e) the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and (f) the applicant is not a disqualified individual; and (g) the applicant is not a banned individual; and (h) the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71. (2) A company is entitled to a contractor's licence if the commission is satisfied, on application by that company for a licence, that— (a) the directors, secretary and influential persons for the company are fit and proper persons to exercise control or influence over a company that holds a contractor's licence; and (b) the company's nominee holds a licence specifically identifying, as a class of building work that the nominee may supervise, the same class of building work for which the licence is sought by the company; and (c) the applicant satisfies the minimum financial requirements for the licence; and (d) the company is not an excluded company; and (e) the company is not a company for which a banned or disqualified individual is a director, secretary, influential person or nominee; and (f) neither the company, nor a director, secretary, influential person or nominee of the company has an unpaid judgment debt for an amount the commission may recover under section 71. (3) In deciding whether a particular person is a fit and proper person to hold a contractor's licence or to exercise control or influence over a company that holds a contractor's licence, the commission may have regard to— (a) commercial and other dealings in which that person has been involved and the standard of honesty and integrity demonstrated in those dealings; and (b) any failure by that person to carry out commercial or statutory obligations and the reasons for the failure; and (c) tier 1 defective work carried out by the person, whether or not the person received a notice under section 67AH, 67AI, 67AL or 67AM stating a term of ban for the work; and (d) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and (e) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and (f) any other relevant factor. (4) However, the commission may not have regard to the matter mentioned in subsection (3)(d) if— (a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or (b) 28 days have not elapsed since the date of the enforcement order. 31A No entitlement to contractor's licence if particular partners A person (whether an individual or a company) is not entitled to a contractor's licence if the person carries on, or intends to carry on, business under the licence in partnership with another person who is— (a) an excluded individual; or (b) a permanently excluded individual; or (c) a convicted company officer; or (d) a banned individual; or (e) a disqualified individual; or (f) an excluded company; or (g) a company for which a permanently excluded individual is a director, secretary, influential person or nominee; or (h) a company for which a convicted company officer is a director, secretary, influential person or nominee; or (i) a company for which a banned individual is a director, secretary, influential person or nominee; or (j) a company for which a disqualified individual is a director, secretary, influential person or nominee. 32 Entitlement to a nominee supervisor's licence (1) An individual is entitled to a nominee supervisor's licence if the commission is, on application by the individual, satisfied that— (a) the applicant has the qualifications and experience required by regulation for a licence of the relevant class; and (b) the applicant can lawfully work in Queensland; and (c) the applicant is not an excluded individual for a relevant event or a permanently excluded individual; and (d) the applicant is not a banned individual; and (e) the applicant is not a disqualified individual; and (f) the applicant does not have an unpaid judgment debt for an amount the commission may recover under section 71; and (g) the applicant is a fit and proper person to hold the licence. (2) In deciding whether an applicant is a fit and proper person to hold the licence, the commission may have regard to— (a) commercial and other dealings in which the applicant has been involved and the standard of honesty and integrity demonstrated in those dealings; and (b) any failure by the applicant to carry out commercial or statutory obligations and the reasons for the failure; and (c) tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH, 67AI, 67AL or 67AM stating a term of ban for the work; and (d) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and (e) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled; and (f) any other relevant factor. (3) However, the commission may not have regard to the matter mentioned in subsection (2)(d) if— (a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or (b) 28 days have not elapsed since the date of the enforcement order. 32AA Entitlement to a site supervisor's licence (1) An individual is entitled to a site supervisor's licence if the commission is, on application by the individual, satisfied that— (a) the applicant has the qualifications required by regulation for a licence of the relevant class; and (b) the applicant can lawfully work in Queensland; and (c) the applicant is not a banned individual; and (d) the applicant is not an excluded individual or permanently excluded individual; and (e) the applicant is a fit and proper person to hold the licence. (2) In deciding whether an applicant is a fit and proper person to hold the licence, the commission may have regard only to— (a) tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH, 67AI, 67AL or 67AM stating a term of ban for the work; and (b) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order; and (c) if the person holds or has held an interstate or New Zealand licence—whether the licence has been suspended or cancelled. (3) However, the commission may not have regard to the matter mentioned in subsection (2)(b) if— (a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or (b) 28 days have not elapsed since the date of the enforcement order. 32AB Entitlement to a fire protection occupational licence or a mechanical services occupational licence (1) An individual is entitled to a fire protection occupational licence or a mechanical services occupational licence if the commission is, on application by the individual, satisfied that— (a) the applicant has the qualifications required by regulation for a licence of the relevant class; and (b) the applicant can lawfully work in Queensland; and (c) the applicant is not a banned individual; and (d) the applicant is a fit and proper person to hold a licence. (2) In deciding whether an applicant is a fit and proper person, the commission may have regard only to— (a) tier 1 defective work carried out by the applicant, whether or not the applicant received a notice under section 67AH, 67AI, 67AL or 67AM stating a term of ban for the work; and (b) if the person is an enforcement debtor under an enforcement order for an infringement notice offence for this Act—whether the person has taken steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order. (3) However, the commission may not have regard to the matter mentioned in subsection (2)(b) if— (a) the person has applied for cancellation of the relevant enforcement order and the application for cancellation has not been finally decided; or (b) 28 days have not elapsed since the date of the enforcement order. 32A [Repealed] Division 3 Grant of licence 33 Application for licence (1) An application for a licence— (a) must be made in accordance with the regulations; and (b) must be accompanied by— (i) if the applicant is an individual, 2 recent passport-size photographs of the applicant suitable for inclusion in a licence and certified in the way prescribed by regulation; and (ii) the appropriate application fee fixed by regulation. (2) An applicant for a licence must at the request of the commission provide any further information or evidence that the commission may require to decide the application. (3) In deciding whether to give a licence, the commission may make inquiries and investigations that are reasonable and appropriate in the circumstances, including for example by— (a) seeking confirmation about the experience of applicants through site inspections and referee checks; and (b) carrying out checks with the Australian Securities and Investment Commission, bankruptcy registers and credit bureaus. 34 Grant of licence (1) If the commission is satisfied, on an application under this division, that the applicant is entitled to a licence, the commission must issue a licence of the appropriate class. (2) A licence is to be in the form of a card and must— (a) state the licensee's name and licence number; and (b) state the type of licence; and (c) state the class of building work the licensee is licensed to carry out; and (d) if the licensee is an individual, contain a recent photograph of the licensee; and (e) state when the licence is due for renewal. (3) The commission may also issue a licence certificate in a form determined by the commission. (4) If, on application by a licensee and payment of the fee required by regulation, the commission is satisfied that a licence card or a licence certificate has been lost, damaged or destroyed, the commission may issue a new licence card or licence certificate. Division 3A Issue of PINs to licensees 34A PINs (1) The commission may give a licensee a confidential personal identification number (a PIN) for use by the licensee in the licensee's dealings with the commission. (2) When the commission gives a PIN to a licensee, the commission must also advise the licensee of the commission's requirements for the licensee's keeping and use of the PIN. Division 4 Conditions of licence 35 Imposition of conditions etc. on grant of licence (1) A licence may be granted subject to such conditions as the commission considers appropriate. (2) However, the commission may grant a licence subject to a condition that restricts the scope of work for the licence (a restrictive condition) only if— (a) the licence is a new class of licence under section 42A(1)(a); and (b) the commission is satisfied the applicant for the licence does not have adequate experience in all of the scope of work for the licence. (3) The restrictive condition must not restrict the scope of work for the licence to the extent the applicant for the licence has demonstrated experience in the scope of work to the satisfaction of the commission. (4) Without limiting subsection (1), a licence for which an occupational licence is required is taken to be subject to the condition that the licensee hold, and continue to hold, for the term of the licence, the occupational licence. (5) Without limiting subsection (1), a contractor's licence is subject to the condition that— (a) the licensee's financial circumstances must at all times satisfy the minimum financial requirements for the licence; and (b) variations of the contractor's turnover and assets must be notified, or notified and approved, in accordance with the minimum financial requirements for the licence. 36 Subsequent imposition of conditions etc. (1) If the commission has reason to believe— (a) that a licensee may have insufficient financial resources to meet possible liabilities in relation to building work; or (b) that there is some other proper ground for imposing a condition on the licence; the commission may notify the licensee of the proposed condition and invite the licensee, within a period specified in the notice, to make written representations on the proposal. (2) After considering the written representations (if any) made by the licensee, the commission, if satisfied that the condition is appropriate, may, by notice to the licensee, impose the condition. (3) A condition may be imposed preventing the licensee from continuing to carry on business until the licensee has lodged with the commission appropriate security against possible liabilities in relation to building work. (3A) A condition may be imposed requiring the licensee to complete a course module included in technical or managerial national competency standards relevant to the building industry. (3B) A condition may be imposed requiring the licensee to give to the commission specified documents that relate to the licensee's obligations under part 4 or schedule 1B. (3C) Subsections (3), (3A) and (3B) do not limit the power to impose conditions under subsection (2). (5) A notice imposing a condition must inform the licensee of the licensee's right to apply for a review of the commission's decision to impose the condition. 36A Vary or revoke conditions (1) The commission may, by notice given to a licensee, vary or revoke a condition imposed on the licensee's licence under section 35(1) or 36. (2) A notice varying a condition of a licence must inform the licensee of the licensee's right to apply for a review of the commission's decision to vary the condition. Division 5 Renewal of licences 37 Period of renewal A licensee for any of the following licences may choose to renew the licence for a period of either 1 year or 3 years— (a) a contractor's licence; (b) a nominee supervisor's licence; (c) a site supervisor's licence; (d) a fire protection occupational licence; (e) a mechanical services occupational licence. 37A Commission to advise licensee before licence due for renewal (1) The commission must give notice in writing to a licensee at least 28 days before the renewal day for the licensee's licence. (2) The notice must state the following— (a) the renewal day for the licensee's licence; (b) if the licensee is an individual, whether or not the commission requires 2 recent passport-size photographs of the licensee suitable for inclusion in a licence and certified in the way prescribed by regulation; (c) the renewal fee for the licence and that it must be paid on or before the renewal day; (d) for a contractor's licence—when the documentary evidence, required by the minimum financial requirements for the licence, must be given to the commission. 37B Applications for renewal of licence (1) A licensee may apply to the commission for the renewal of the licensee's licence before the renewal day for the licence. (2) The application must— (a) be made in the way prescribed under a regulation; and (b) be accompanied by the appropriate fee prescribed by regulation for the renewal; and (c) if the commission has advised that it requires 2 recent passport-size photographs of the licensee suitable for inclusion in a licence and certified in the way prescribed by regulation—be accompanied by the photographs. (3) If requested by the commission by written notice, the licensee must, within the reasonable time stated in the notice, give the commission the further information or evidence the commission requires to decide whether the applicant continues to be e