Queensland Numbered Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) AND OTHER LEGISLATION AMENDMENT ACT 2024

- As at 26 April 2024
- Act 14 of 2024

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF ARCHITECTS ACT 2002

   3.      Act amended
   4.      Amendment of s 30 (False or misleading statement)
   5.      Amendment of s 31 (False or misleading document)
   6.      Replacement of s 31A (Proof of giving false and misleading statements and documents)
   7.      Amendment of s 130 (Orders relating to architect)
   8.      Insertion of new s 139A

   PART 3 - AMENDMENT OF BUILDING ACT 1975

   9.      Act amended
   10.     Amendment of s 246BH (Who may apply)
   11.     Amendment of s 246BI (Requirements for application)
   12.     Replacement of ch 8, pt 8 (Approval of training courses for pool safety inspectors)
   13.     Amendment of s 246F (Pool safety functions performed by QBCC commissioner)
   14.     Insertion of new ch 11, pt 23
   15.     Amendment of sch 2 (Dictionary)

   PART 4 - AMENDMENT OF BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017

   16.     Act amended
   17.     Amendment of s 8 (Definitions for chapter)
   18.     Omission of s 8B (Meaning of protected work)
   19.     Insertion of new s 9A
   20.     Amendment of s 10 (Definitions for part)
   21.     Amendment of s 10C (References to particular terms in this part)
   22.     Amendment of s 11 (What is a project trust)
   23.     Replacement of s 11A (Who are the trustee and beneficiaries of a project trust)
   24.     Amendment of s 11B (What are the beneficial interests in a project trust)
   25.     Amendment of s 14 (Particular contracts for project trust work)
   26.     Replacement of s 14A (Amendments of contracts requiring project trusts)
   27.     Amendment of s 15F (Contracts with less than 90 days until practical completion)
   28.     Amendment of s 18C (Change of financial institution)
   29.     Amendment of s 19 (All payments from contracting party to be deposited in project trust account)
   30.     Amendment of s 19A (Limited purposes for which money may be deposited in project trust account)
   31.     Amendment of s 20 (All payments to subcontractor beneficiaries to be paid from project trust account)
   32.     Amendment of s 20A (Limited purposes for which money may be withdrawn from project trust account)
   33.     Amendment of s 20C (Insufficient amounts available for payments)
   34.     Amendment of s 21 (Ending project trust)
   35.     Amendment of s 23 (Notice of project trust before entering subcontracts)
   36.     Amendment of s 31 (What is a retention trust)
   37.     Amendment of s 31A (Who are the trustee and beneficiaries of a retention trust)
   38.     Amendment of s 32 (When retention trust required)
   39.     Amendment of s 33A (Charge over retention amounts held in retention trust)
   40.     Amendment of s 34 (Contracting party withholding retention amount must open retention trust account)
   41.     Amendment of s 35 (All retention amounts withheld must be deposited in retention trust account)
   42.     Amendment of s 50 (Definitions for part)
   43.     Replacement of s 52 (Trust records)
   44.     Omission of s 52A (Monthly bank reconciliation)
   45.     Amendment of s 53A (Power to require particular information)
   46.     Amendment of s 57 (Engaging auditor for review of trust account)
   47.     Amendment of s 57A (Account review report)
   48.     Insertion of new ch 2, pt 5
   49.     Amendment of s 200E (Confidentiality of information)
   50.     Omission of s 211D (Project trusts and contracts entered into before the commencement of new phases)
   51.     Insertion of new ch 8C
   52.     Replacement of s 217 (Amendment of s 14 (Particular contracts for project trust work))
   53.     Replacement of s 218 (Amendment of s 32 (When retention trust required))
   54.     Amendment of sch 2 (Dictionary)

   PART 5 - AMENDMENT OF PLUMBING AND DRAINAGE ACT 2018

   55.     Act amended
   56.     Amendment of s 14 (Qualifications and practical experience required for licence)
   57.     Amendment of s 26 (Qualifications and practical experience required for endorsement)
   58.     Insertion of new pt 8, div 3
   59.     Amendment of sch 1 (Dictionary)

   PART 6 - AMENDMENT OF PROFESSIONAL ENGINEERS ACT 2002

   60.     Act amended
   61.     Amendment of s 30 (False or misleading statement)
   62.     Amendment of s 31 (False or misleading document)
   63.     Replacement of s 31A (Proof of giving false and misleading statements and documents)

   PART 7 - AMENDMENT OF QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991

   64.     Act amended
   65.     Amendment of s 12 (Appointment)
   66.     Insertion of new s 28AA
   67.     Amendment of s 48 (Cancellation or suspension of licence)
   68.     Amendment of s 50 (Surrender of licence)
   69.     Amendment of s 53 (Return of licence)
   70.     Amendment of s 74B (Proper grounds for taking disciplinary action against a licensee and former licensees)
   71.     Amendment of s 86B (Requirements for making application)
   72.     Amendment of s 86C (Internal review decision)
   73.     Amendment of s 110 (Confidentiality of information)