Queensland Building and Construction Commission Regulation 2018

1Short title

This regulation may be cited as the Queensland Building and Construction Commission Regulation 2018.

2Commencement

This regulation commences on 1 September 2018.

3Dictionary

The dictionary in schedule 8 defines particular words used in this regulation.

4Number of storeys of buildings

For deciding the number of storeys of a building, other than for section 67WE(1)(c) of the Act, the lowest storey is not counted if it consists mainly of a car park.

Note—

For calculating the number of storeys for section 67WE(1)(c) of the Act, see also section 29.

5Work that is not building work—Act, sch 2, definition building work

(1)For schedule 2 of the Act, definition building work, work stated in schedule 1 is not building work.

(2)To remove any doubt, it is declared that subsection (1) does not stop applying to work stated in schedule 1 merely because the work is carried out in combination with other work stated in schedule 1.

6Licensed builder—Act, sch 2, definition licensed builder

For schedule 2 of the Act, definition licensed builder, a person is a licensed builder if the person is the holder of a builder contractor’s licence.

6AAWork that is not fire protection work—Act, s 30CA

For section 30CA(2)(b) of the Act, work of a type stated in schedule 1AA is prescribed not to be fire protection work.

s 6AA ins 2020 SL No. 241 s 26

6AWork that is not mechanical services work—Act, sch 2, definition mechanical services work

For schedule 2 of the Act, definition mechanical services work, paragraph (k), the work mentioned in schedule 1A is prescribed.

s 6A ins 2019 SL No. 213 s 7

6BMeaning of occupational licence—Act, sch 2, definition occupational licence

For schedule 2 of the Act, definition occupational licence, paragraph (a), the following Acts are prescribed—

(a)the Plumbing and Drainage Act 2018;

(b)the Petroleum and Gas (Production and Safety) Act 2004, to the extent it applies to gas work as defined under that Act;

(c)the Medicines and Poisons Act 2019, to the extent it applies to a pest control activity as defined under that Act.

s 6B ins 2020 SL No. 241 s 27

amd 2021 SL No. 142 s 76

7Scope of work for a licence—incidental work of another class

(1)This section applies if, for a licence class under schedule 2 (the relevant class), the scope of work for the class includes incidental work of another class.

(2)A licensee under the relevant class may carry out, or engage another person to carry out, building work with a total value of $3,300 or less—

(a)that is within the scope of work under a licence class other than the relevant class; and

(b)that is incidental to building work being carried out under the relevant class; and

(c)that is—

(i)for work for which an occupational licence, fire protection licence or mechanical services licence is required—carried out by a licensee who holds a licence to carry out the work; or

(ii)otherwise—carried out by the licensee or a licensee who holds a licence to carry out the work.

(3)To remove any doubt, a licensee under the relevant class may do the following—

(a)personally carry out work mentioned in subsection (2)(c)(ii);

(b)engage a person who holds an appropriate licence to carry out work mentioned in subsection (2)(c)(i) or (ii).

s 7 amd 2019 SL No. 213 s 8

7AMeaning of certify in relation to fire protection equipment

(1)Certify, in relation to fire protection equipment of a stated type, for schedule 2, parts 22A to 31 and schedule 3, means—

(a)prepare a certificate stating that, after a person carries out an annual survey of the equipment, it is considered no changes have affected the equipment that would cause it not to meet any of its design requirements; or

(b)prepare 1 or more certificates relating to either or both of the following matters—

(i)the installation of the equipment;

(ii)whether the equipment meets its design requirements.

(2)If 2 or more certificates are prepared for fire protection equipment under subsection (1)(b), the certificates need not be prepared by the same person.

(3)For subsection (1)(a), the person who prepares the certificate need not be the person who carries out the annual survey.

(4)In this section—

certificate includes a statement and record, however called.

survey means a visual inspection of fire protection equipment to identify if the equipment has been altered, damaged or compromised.

s 7A ins 2020 SL No. 223 s 17 (amd 2021 SL No. 37 s 5)

8Classes of contractor’s licence—Act, s 30

Contractors’ licences are divided into the classes stated in schedule 2.

Note—

For classes of contractors’ licences that are continued for section 30E of the Act, see sections 78 to 80 and schedule 7A, parts 1 to 3.

s 8 amd 2020 SL No. 223 ss 11, 18

9Classes of nominee supervisor’s licence—Act, s 30A

Nominee supervisors’ licences are divided into the classes stated in schedule 2.

Note—

For classes of nominee supervisors’ licences that are continued for section 30E of the Act, see sections 79 and 80 and schedule 7A, parts 2 and 3.

s 9 amd 2020 SL No. 223 s 12, 19

10Classes of site supervisor’s licence—Act, s 30B

Site supervisors’ licences are divided into the classes stated in schedule 2 other than the classes stated in any of parts 22A to 33.

s 10 amd 2020 SL No. 223 s 20

11Classes of fire protection occupational licence—Act, s 30C

Fire protection occupational licences are divided into the classes stated in schedule 3.

Note—

For classes of fire protection occupational licences that are continued for section 30E of the Act, see section 81 and schedule 7A, part 4.

s 11 amd 2020 SL No. 223 s 21

11AClasses of mechanical services occupational licence—Act, s 30D

Mechanical services occupational licences are divided into the classes stated in schedule 3A.

s 11A ins 2019 SL No. 213 s 9

12Qualifications and experience for contractor’s licence—Act, s 31

(1)For section 31(1)(b) of the Act, the qualifications and experience in relation to a licence are the qualifications and experience stated in schedule 2 for the relevant class of licence.

(2)Also, for a class of licence other than a class mentioned in schedule 2, any of parts 18, 19, 22A to 33, 36 and 56, a combination of 2 or more of the following is a qualification for the class if the commission is satisfied the combination is at least equivalent to the required competency for the class—

(a)successful completion of an apprenticeship;

(b)a recognition certificate;

(c)a qualification or statement of attainment of the required competency for any class of licence mentioned in schedule 2;

(d)a written statement issued by an approved authority that the individual has the required competency for the class of licence.

(3)In this section—

approved authority means—

(a)a registered training organisation; or

(b)another entity approved by the commission.

recognition certificate means a recognition certificate issued under the repealed Vocational Education, Training and Employment Act 2000, that has not been cancelled.

required competency, for a class of licence, means units of competency approved by the commission as the minimum technical requirements for the class.

statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

s 12 amd 2020 SL No. 223 s 22

13Qualifications and experience for nominee supervisor’s licence—Act, s 32

For section 32(1)(a) of the Act, the qualifications and experience for a nominee supervisor’s licence are the technical qualifications, managerial qualifications, if any, and experience stated in schedule 2 for the relevant class of licence.

14Qualifications for site supervisor’s licence—Act, s 32AA

For section 32AA(1)(a) of the Act, the qualifications for a site supervisor’s licence are the technical qualifications stated in schedule 2 for the relevant class of licence.

15Qualifications for fire protection occupational licence—Act, s 32AB

For section 32AB(1)(a) of the Act, the qualifications for a fire protection occupational licence are the technical qualifications stated in schedule 3 for the relevant class of licence.

15AQualifications for mechanical services occupational licence—Act, s 32AB

For section 32AB(1)(a) of the Act, the qualifications for a mechanical services occupational licence are the technical qualifications stated in schedule 3A for the relevant class of licence.

s 15A ins 2019 SL No. 213 s 10

16Applications for licence—Act, s 33

(1)For section 33(1)(a) of the Act, an application for a licence must—

(a)be made to the commission; and

(b)be accompanied by—

(i)the relevant documentary evidence; and

(ii)for an application for a contractor’s licence—the matters required under the minimum financial requirements; and

(iii)the licence application fee and licence fee stated in schedule 7.

(2)For section 33(1)(b)(i) of the Act, the way prescribed is certified by a qualified witness as a true likeness of the applicant.

(3)The applicant or, if the applicant is a company, an officer of the company must, at the request of the commission—

(a)attend an interview with an officer of the commission to answer questions and provide information about the application; and

(b)provide the commission with any further evidence it reasonably requires to decide the application.

(4)If the applicant, or the officer, does not, without a reasonable excuse, attend an interview or provide evidence required under this section, the commission may reject the application on that ground.

(5)Subsection (6) applies to an application if—

(a)the applicant is a company; and

(b)the commission is satisfied the company’s main object is to conduct training for persons to undertake building work.

(6)Payment of the application fee and the licence fee for the application is waived.

(7)In this section—

qualified witness means—

(a)a lawyer; or

(b)a justice; or

(c)a commissioner for declarations under the Justices of the Peace and Commissioners for Declarations Act 1991; or

(d)a notary public; or

(e)for an application personally lodged at an office of the commission—an officer of the commission.

relevant documentary evidence means documentary evidence, satisfactory to the commission, of—

(a)for an application for a contractor’s licence—

(i)if the applicant is an individual—the applicant’s identity, qualifications and experience; or

(ii)if the applicant is a company—the identity, qualifications and experience of the applicant’s executive officers and nominee; or

(b)for an application for a nominee supervisor’s licence—the applicant’s identity, qualifications and experience; or

(c)for an application for a site supervisor’s licence—the applicant’s identity and qualifications.

s 16 amd 2018 SL No. 218 s 30; 2019 SL No. 30 s 31; 2020 SL No. 241 s 28

17Applications for renewal of licence—Act, s 37B

(1)For section 37B(2) of the Act, the licence fee for a renewal of a licence must be paid at or before 4.30p.m. on the day the licence is due to expire.

(2)Payment of the licence fee for a renewal of a licence is waived if—

(a)the licensee is a company; and

(b)the commission is satisfied the company’s main object is to conduct training for persons to undertake building work.

18Fire protection work—Act, s 42C

(1)For section 42C(2)(a) of the Act, the fire protection work mentioned in schedule 4, column 1 is prescribed.

(2)For section 42C(2)(b) of the Act, the technical qualifications mentioned in schedule 4, column 2 are prescribed for the fire protection work mentioned in schedule 4, column 1.

18ACircumstances prescribed for exemption from Act, s 42C(1)—Act, s 42C

(1)This section applies if, immediately before the commencement, a person was carrying out work (the relevant work) that, on the commencement, would be within the scope of work for a relevant fire protection occupational licence.

(2)For section 42C(3A) of the Act, the circumstances prescribed are—

(a)the person carried out the relevant work for an appropriately licensed contractor before the commencement; and

(b)the person continues to carry out the relevant work for an appropriately licensed contractor from the commencement; and

(c)the person applies for the relevant fire protection occupational licence on or before the required application day for the licence; and

(d)the person’s application mentioned in paragraph (c) has not been withdrawn or decided.

(3)In this section—

appropriately licensed contractor, in relation to relevant work, means a person who—

(a)holds a contractor’s licence authorising the person to carry out the relevant work; or

(b)is otherwise authorised under an Act to carry out the relevant work.

relevant fire protection occupational licence means a fire protection occupational licence of a class mentioned in—

(a)schedule 3, part 1A, section 1(1), (3), (4) or (5); or

(b)schedule 3, part 5, section 1(1); or

(c)schedule 3, part 10, section 1(1).

required application day means—

(a)for the relevant fire protection occupational licence mentioned in schedule 3, part 1A, section 1—1 May 2025; or

(b)for another relevant fire protection occupational licence—1 May 2024.

s 18A ins 2020 SL No. 223 s 23 (amd 2021 SL No. 37 s 6)

19Refund of licence fee

(1)The commission may refund the unexpired part of the licence fee paid by a licensee if—

(a)the licensee surrenders the licence before the expiry day for the licence; or

(b)the licensee dies during the licence period.

(2)The unexpired part is the amount worked out using the formula—

      where—

LF means the licence fee paid by the licensee, whether for a 1 year or a 3 year period.

WM means the number of whole months before the expiry date for the licence.

Y means the number of years for which the licence was renewed.

(3)For subsection (2), a whole month means a month beginning on the day of the calendar month on which the licence was issued and ending on the day before the corresponding day of the next calendar month.

Examples of a whole month—

•for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month

•for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month

20Prescribed course—Act, s 43D, definition owner-builder course

For section 43D of the Act, definition owner-builder course, the course prescribed is the Course in Preparation for Owner Builder Permit 10274NAT or a course the commission considers is at least equivalent to that course.

21Exceptional circumstances for granting application for owner-builder permit—Act, s 44B

For section 44B(4)(a) of the Act, the following are exceptional circumstances—

(a)the work to be carried out would help an applicant who is suffering from a serious medical condition;

(b)the work to be carried out would help a person who is living with the applicant and suffering from a serious medical condition;

(c)the work to be carried out would help an applicant who is suffering severe financial hardship;

(d)the work to be carried out would help a person who is living with the applicant and suffering severe financial hardship.

22Warnings—Act, s 47

(1)The notice to be given to a prospective purchaser of land under section 47(1) of the Act must—

(a)state that building work detailed in the notice has been carried out under an owner-builder permit by a person named in the notice; and

(b)contain a warning in the following terms—
‘WARNING—THE BUILDING WORK TO WHICH THIS NOTICE RELATES IS NOT COVERED BY INSURANCE UNDER THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991.’.

(2)The notice must be given in duplicate, and the purchaser must sign 1 copy of the notice and return it to the vendor on or before signing the contract.

23Demerit offences—Act, s 67AR

For section 67AR of the Act, each of the following is a demerit offence—

(a)an offence against a provision of the Act stated in schedule 5, column 1;

(b)a contravention of a requirement imposed under a provision of the Act stated in schedule 5, column 1.

24Demerit points—Act, s 67AW

(1)For section 67AW(2)(a) of the Act, the number of points allocated to a demerit offence is the number stated opposite the offence in schedule 5, column 2.

(2)However, each conviction of a person for a demerit offence against section 73 of the Act is allocated a total of 10 demerit points, inclusive of the number of demerit points stated opposite the offence in schedule 5, column 2, if the commission is satisfied the building work to which the offence relates—

(a)is work relating to the structural performance, safety or integrity of a building; or

(b)causes a hazard to public health, public safety or the environment generally; or

(c)causes a person to suffer significant financial loss.

s 24 amd 2018 SL No. 177 s 21

25Name of statutory insurance scheme—Act, s 67X

For section 67X(4) of the Act, the name of the statutory insurance scheme is the Queensland Home Warranty Scheme.

26Work not covered under the statutory insurance scheme—Act, s 67WB

For section 67WB(1)(f) of the Act, the following work is prescribed—

(a)work on or for a duplex or multiple dwelling if the duplex or multiple dwelling is more than 3 storeys;

Examples for paragraph (a)—

•work for tiling the kitchen in a single residential unit in a 4-storey duplex

•work for renovating the bathroom of a single residential unit in a 10-storey multiple dwelling

(b)work on or for a building used or proposed to be used for a purpose related to the use of a duplex, or proposed duplex, of more than 3 storeys;

(c)work on or for a building used or proposed to be used for a purpose related to the use of a multiple dwelling, or proposed multiple dwelling, of more than 3 storeys;

(d)work on or for a building that is—

(i)on, or proposed to be on, the site of a residence or proposed residence; and

(ii)used, or proposed to be used, primarily for a purpose that is not related to the use of the residence or proposed residence;

(e)work on or for a class 1b, 3, 4, 5, 6, 7b, 8 or 9 building;

(f)work on or for a class 7a building unless the building is, or is proposed to be, used with a class 2 building;

(g)work for the erection, construction or installation of a swimming pool that is, or is proposed to be, used primarily for a purpose that is not related to the use of a residence or proposed residence;

(h)work for the erection, construction or installation of a structure that is not fixed.

Example for paragraph (h)—

work for installing a portable spa pool

27Primary insurable work—Act, s 67WC

For section 67WC(1)(e) of the Act, the following building work is prescribed—

(a)building work for the renovation, alteration, extension, improvement or repair of the building envelope for a residence or related roofed building;

Examples for paragraph (a)—

•painting an external wall of a residence or related roofed building

•extending the building envelope for a residence by constructing a patio

(b)building work for a structure attached to the external part of a residence or related roofed building if the structure does not have any other supporting structure;

Examples for paragraph (b)—

•an awning or handrail that is attached to a residence and does not have any other supporting structure

•a soffit or cladding

(c)building work for a structure attached to the external part of a residence or related roofed building if the structure is for—

(i)the primary water supply to the residence or related roofed building; or

(ii)sewerage or drainage for the residence or related roofed building; or

(iii)stormwater discharge for the residence or related roofed building;

Examples for paragraph (c)—

•installing a water tank for the primary water supply to a residence

•altering an existing water pipe for the primary water supply to a residence

•repairing a downpipe or gutter that drains stormwater from a related roofed building to a stormwater drain

•extending a sanitary drain that connects a residence to a main of a sewerage system

(d)building work for an elevated platform, including a verandah and deck, that is attached to a residence or related roofed building;

(e)building work for stairs, a ramp or a similar structure providing access to a residence or related roofed building if the stairs, ramp or structure is, or is to be, permanently attached to the residence or related roofed building;

(f)building work for the installation, repair or replacement of support structures for a residence or related roofed building.

Examples for paragraph (f)—

•replacement of a stump for a residence or related roofed building

•installation or repair of a retaining wall that supports a residence or related roofed building

•installation of underpinning for a residence or related roofed building

28Work that is not primary insurable work—Act, s 67WC

(1)For section 67WC(2)(e) of the Act, the following work is prescribed—

(a)work mentioned in schedule 1, section 26, 29, 30, 32, 36, 40 or 45;

(b)installation of electrical appliances intended to be permanently fixed to a residence or related roofed building;

(c)installation, renovation, repair or replacement of any of the following—

(i)a cubbyhouse;

(ii)a structure for housing animals;

Example for subparagraph (ii)—

a doghouse

(iii)a shade sail or fixed umbrella;

(iv)telephone or data cables;

(v)a water meter;

(vi)a water tank that is not for the primary water supply to a residence or related roofed building;

(d)construction of a slab if—

(i)the slab is not within, or not attached or connected to, the building envelope of a residence or related roofed building; or

(ii)the work for the construction of the slab does not include the erection or construction of a residence, related roofed building or swimming pool on the slab.

(2)In this section—

electrical appliance means an instrument, apparatus or device that is connected to an electricity supply by means of a flexible cord plug and socket outlet.

s 28 amd 2020 SL No. 223 s 24

29Calculating number of storeys of building—Act, s 67WE

For section 67WE(4) of the Act, the number of storeys of a building is calculated by excluding 1 storey of the building if more than 50% of the floor area of at least 1 storey of the building is designed to accommodate motor vehicles.

Example—

If a building has 3 storeys containing residential units and another storey of which more than 50% of the floor area is designed to accommodate motor vehicles, the number of storeys of the building is 3.

30Terms of cover—Act, s 67Y

(1)For section 67Y of the Act, the terms of cover are stated in schedule 6.

(2)The terms of cover apply to the following work—

(a)residential construction work;

(b)work performed by either of the following persons if the work is associated with residential construction work—

(i)an architect in the architect’s professional practice;

(ii)an engineer in the engineer’s professional practice.

(3)The terms of cover under the statutory insurance scheme for residential construction work are the terms of cover stated in schedule 6 when—

(a)if the consumer for the work obtains optional additional cover—the optional additional cover comes into force for the work; or

(b)otherwise—cover under the statutory insurance scheme comes into force for the work.

Note—

See section 68I of the Act for when cover under the statutory insurance scheme comes into force for residential construction work.

31Optional additional cover—Act, s 67Z

(1)For section 67Z(4) of the Act, schedule 6 provides for other matters relating to optional additional cover.

(2)For section 67Z(5) of the Act, definition optional additional cover, the additional assistance provided to a person and the additional compensation to be paid under the statutory insurance scheme are stated in schedule 6.

32Associate of building contractor not entitled to assistance under statutory insurance scheme—Act, s 68

(1)For section 68(4) of the Act, if a building contractor carries out residential construction work, a person who is an associate of the building contractor is not entitled to assistance under the statutory insurance scheme in relation to the work.

(2)In this section—

associate, of a building contractor, means—

(a)if the building contractor is an individual—

(i)the individual’s spouse or child; or

(ii)a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(iii)a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or

(iv)a corporation of which the individual is an executive officer; or

(v)a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or

(b)if the building contractor is a corporation—

(i)an executive officer of the corporation; or

(ii)a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or

Examples for subparagraph (ii)—

•a shareholder with a significant shareholding

•a financier

•a senior employee

•an executive officer of another corporation that holds a controlling interest in the corporation

(iii)the spouse or child of a person mentioned in subparagraph (i), (ii) or (vii); or

(iv)a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or

(v)a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or

(vi)a related body corporate of the corporation; or

(vii)the corporation’s nominee.

building contractor does not include a subcontractor who carries out building work for a building contractor.

related body corporate see the Corporations Act, section 50.

33Application of division—Act, s 68D

This division prescribes, for section 68D(5) of the Act, the way to calculate the insurable value of particular residential construction work.

34Work for multiple dwellings

(1)This section applies if residential construction work includes any of the following work—

(a)residential construction work for the erection or construction of a multiple dwelling;

(b)residential construction work for the alteration or repair of the footings or slab of a multiple dwelling;

(c)residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a multiple dwelling;

(d)residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a multiple dwelling in the community titles scheme;

(e)residential construction work for the renovation, alteration, extension, improvement or repair of 2 or more residential units in a multiple dwelling if the residential units are owned by the same person.

(2)The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.

Note—

See also sections 38 and 39.

(3)However, this section applies to residential construction work mentioned in subsection (1)(c), (d) or (e) only if the insurable value of the work is—

(a)for work mentioned in subsection (1)(c)—more than $5,000; or

(b)for work mentioned in subsection (1)(d) or (e)—more than $20,000.

35Work for duplexes

(1)This section applies if residential construction work includes any of the following work and section 34 does not apply in relation to the work—

(a)residential construction work for the erection or construction of a duplex;

(b)residential construction work for the alteration or repair of the footings or slab of a duplex;

(c)residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a duplex;

(d)residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a duplex in the community titles scheme;

(e)residential construction work for the renovation, alteration, extension, improvement or repair of both residential units in a duplex.

(2)The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.

Note—

See also sections 38 and 39.

(3)However, this section applies to residential construction work mentioned in subsection (1)(c), (d) or (e) only if the insurable value of the work is—

(a)for work mentioned in subsection (1)(c)—more than $5,000; or

(b)for work mentioned in subsection (1)(d) or (e)—more than $20,000.

36Work for 2 or more detached dwellings

(1)This section applies if—

(a)residential construction work includes building work for 2 or more detached dwellings; and

(b)section 34 or 35 does not apply in relation to the work.

(2)The insurable value of the residential construction work for each living unit is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.

Note—

See also section 39.

37Reference to particular work only includes primary building work

(1)In this division, a reference to the following work only includes building work that is primary building work—

(a)residential construction work mentioned in section 34(1)(b), (c) or (d);

(b)residential construction work mentioned in section 35(1)(b), (c) or (d).

(2)However, for calculating an amount mentioned in the following sections, residential construction work that is not primary building work is included—

(a)section 34(1)(c) or (d)(ii);

(b)section 35(1)(c) or (d)(ii).

(3)In this section—

primary building work means relevant work for a duplex or multiple dwelling if—

(a)the relevant work is—

(i)within the building envelope, or for the renovation, alteration, extension, improvement or repair of the building envelope, for the duplex or multiple dwelling; or

(ii)for the guttering of a duplex or multiple dwelling; and

(b)the insurable value of the relevant work is more than the regulated amount within the meaning of section 67WC of the Act.

relevant work, for a duplex or multiple dwelling—

(a)means any of the following work that is primary insurable work—

(i)building work that affects the structural performance of the duplex or multiple dwelling;

(ii)building work for the relocation or replacement of a roof, wall, internal partition, floor or foundation for the duplex or multiple dwelling;

(iii)building work for the replacement or refitting of fixtures or fittings in a bathroom or kitchen in the duplex or multiple dwelling;

(iv)building work for an unenclosed, elevated platform or verandah, including a deck, attached to the duplex or multiple dwelling;

(v)building work that increases the covered floor area of the duplex or multiple dwelling;

(vi)building work for the installation or repair of the primary water supply to, or sewerage or drainage for, the duplex or multiple dwelling; and

(b)does not include painting.

38Residential unit for which residential construction work carried out

(1)This section applies if—

(a)residential construction work is for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme; and

(b)the work is in or on a duplex or multiple dwelling in the community titles scheme.

(2)The work is taken to be carried out for all residential units in the duplex or multiple dwelling.

(3)However, subsection (2) does not apply if the residential construction work is only for common property the subject of an exclusive use by-law under the Body Corporate and Community Management Act 1997.

39Living units

For this division and schedule 6—

(a)a single detached dwelling is taken to be 1 living unit; and

(b)a residential unit is taken to be 1 living unit; and

(c)a duplex is taken to be 2 living units.

40Matters for notice of cover—Act, s 68F

(1)For section 68F(2) of the Act, the following matters must be included in a notice of cover for residential construction work—

(a)a description of the work;

(b)the name and licence number of the licensed contractor carrying out, or who is to carry out, the work;

(c)the address, including the lot on plan description, of the site where the work is being or is to be carried out;

(d)an amount representing the commission’s assessment of the insurable value of the work when issuing the notice;

(e)the insurance premium paid for the work;

(f)whether optional additional cover has been obtained for the work;

(g)general information about when cover under the statutory insurance scheme comes into force;

(h)general information about the period within which a claim under the statutory insurance scheme must be made.

(2)In this section—

licensed contractor see schedule 6, section 2.

41Refund of part of insurance premium—Act, s 70C

(1)For section 70C of the Act, this section prescribes how to calculate the part of an insurance premium refundable because a variation of the value of residential construction work results in a decrease in the value of the work.

(2)The refundable part of the insurance premium is the difference between the amount of the premium paid for the residential construction work before the variation and the amount of the premium that would have been payable on the decreased value.

42Amount for tenders for rectification work—Act, s 71A

The amount prescribed for section 71A(4) of the Act is $20,000.

43When work is taken to have started—Act, s 71F

(1)For section 71F of the Act, residential construction work is taken to start when—

(a)if the work includes the erection or construction of a footing system or slab or the provision of sewerage or drainage on a site—the erection or construction of the footing system or slab, or the provision of sewerage or drainage, physically starts on the site; or

(b)otherwise—work for the renovation, alteration, extension, improvement or repair of an existing building on a site physically starts on the site.

(2)In this section—

physically starts, for residential construction work, does not include starting any of the following—

(a)the preparation of plans or specifications for the performance of the work;

(b)design work;

(c)administration services;

(d)earthmoving or excavating;

(e)site work related to the residential construction work.

44Insurance information statement

(1)An interested person for land or a manufactured home may, on payment of the fee stated in schedule 7 for a request for an insurance information statement, ask the commission for an insurance information statement about the land or manufactured home.

(2)The commission must comply with the request.

(3)In this section—

home owner, of a manufactured home, means a home owner under the Manufactured Homes (Residential Parks) Act 2003.

interested person, for land or a manufactured home, means—

(a)an owner of the land; or

(b)a home owner of the manufactured home; or

(c)a prospective purchaser of the land or manufactured home; or

(d)the agent of a person mentioned in paragraph (a), (b) or (c).

owner, of land, includes the body corporate that under an approved determination of native title under the Native Title Act 1993 (Cwlth) has the exclusive right to regulate possession, occupation, use and enjoyment of the land.

Note—

See also schedule 2 of the Act, definition owner.

prospective purchaser, of land or a manufactured home, means a person who the commission is satisfied—

(a)if the land or manufactured home is offered or advertised for sale—is investigating purchasing the land or manufactured home; or

(b)has entered into a contract with the owner of the land or the home owner of the manufactured home for the purchase of the land or manufactured home.

45Level 2 amount—Act, sch 1B, s 7

For schedule 1B of the Act, section 7(2), definition level 2 amount, the prescribed amount is $20,000.

46Building that is not a home—Act, sch 1B, s 9

For schedule 1B of the Act, section 9(2), each of the following is declared not to be a home—

(a)premises not intended to be used for permanent habitation;

(b)a guesthouse, hostel or similar establishment;

(c)a motel, residential club, residential hotel, residential part of a licensed premises or a serviced apartment;

(d)a hospital, nursing home, aged care home, hostel or retirement village;

(e)residential premises associated with a hospital or educational institution;

(f)residential premises specifically set aside as a place at which specialised care services are supplied to children or disabled persons residing at the place;

(g)a prison or similar establishment;

(h)a caravan.

47Publication of consumer building guide—Act, sch 1B, s 46

For schedule 1B of the Act, section 46(1), the commission must publish the consumer building guide on the commission’s website.

48Single amount to be transferred from General Statutory Fund to Insurance Fund—Act, s 25

For section 25(4) of the Act, the single amount is $2,769,000.

48ARelevant agencies for exchange of information—Act, s 28B

For section 28B(4) of the Act, definition relevant agency, paragraph (d), each of the following agencies is prescribed—

(a)an agency of the Commonwealth or another State that has functions similar to all or some of the functions of the commission;

(b)an agency of the Commonwealth or another State that has functions similar to the functions of any of the following entities—

(i)the Queensland Police Service;

(ii)the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984;

(iii)the Crime and Corruption Commission;

(iv)a health and safety regulator within the meaning of section 28A of the Act;

(v)the WHS prosecutor under the Work Health and Safety Act 2011;

(c)an agency of the Commonwealth or another State that is a member of the Phoenix Taskforce prescribed under the Taxation Administration Act 1953 (Cwlth), schedule 1, section 355-70(12), in the entity’s capacity as a member of the taskforce;

(d)the Australian Securities and Investments Commission;

(e)an agency of the Commonwealth or another State that has functions including the promotion of competition and fair trading or providing consumer protection.

s 48A ins 2020 SL No. 241 s 29

49Signs to be exhibited—Act, s 52

For section 52 of the Act, a sign must—

(a)be made of weatherproof materials; and

(b)have a surface area of at least 0.5m²; and

(c)be printed in letters at least 5cm high and placed in a way that can be easily read from the nearest street alignment.

50Advertisements—Act, s 54

For section 54(c) of the Act, the information to be included in an advertisement under section 54(a) and (b) of the Act must—

(a)if written—be easily read; or

(b)if spoken—be no less audible and clear than other spoken material contained in the advertisement.

51Notification of nominee—Act, s 55

(1)The notice required by section 55 of the Act must be in writing and contain the following information—

(a)the name under which the company is licensed;

(b)the licence number and class of licence held by the company;

(c)the full name, address and licence number of the former nominee;

(d)the date on which the former nominee ceased to be a nominee of the company;

(e)for a change of nominee—

(i)the full name, address and licence number of the new nominee; and

(ii)the date on which the new nominee became the nominee of the company.

(2)The notice must also contain the name of a director of the company or an officer authorised by the company to give the notice, and be signed by the director or officer.

52Partnerships—Act, s 56

(1)For section 56(1)(c) of the Act, an advertisement must, in addition to stating the name under which the licensed contractor is licensed, state—

(a)that the contractor is licensed under the Act; and

(b)the contractor’s licence number.

(2)The information mentioned in subsection (1) must—

(a)if written—be able to be easily read; or

(b)if spoken—be no less audible and clear than other spoken material contained in the advertisement.

53Warning that contract is a construction management trade contract—Act, s 67V

(1)For section 67V(2) of the Act, the following form of warning is prescribed—

‘APPROVED WARNING UNDER SECTION 67V OF THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991

This contract is a construction management trade contract, not a subcontract.

You should be aware that, unlike a subcontract, under this contract the contracting party responsible for making payments to you (whether directly to you, or through the construction manager identified in this contract) is not required to demonstrate financial capacity to undertake the project under the Queensland Building and Construction Commission Act 1991 or any other legislation.

You should make your own enquiries to satisfy yourself that the contracting party responsible for making payments to you under this contract has the financial capacity to fulfil its financial obligations to you.’.

(2)The warning in subsection (1) must be—

(a)on the first page of the contract; and

(b)in bold type of at least 12 point font size.

53APeriod to rectify or remediate under direction—Act, s 72

For section 72(4) of the Act, the period—

(a)starts on the day the direction is made, as stated in the direction; and

(b)ends on the day that is 35 days after the day mentioned in paragraph (a).

s 53A ins 2021 SL No. 164 s 3

54Interest—Act, s 77

(1)For section 77(3)(c) of the Act, interest is payable on the amount of damages awarded—

(a)if the parties have entered into a contract—at the rate provided under the contract; or

(b)at the rate agreed between the parties; or

(c)otherwise—at the rate of 10%.

(2)The interest is payable on and from the day after the day the amount became payable until and including the day the amount is paid.

55Particulars in register—Act, s 99

(1)For section 99(2)(e) of the Act, the particulars are the following—

(a)if applicable, the licensee’s ABN;

(b)if the licensee is a company—the licencee’s ACN;

(c)for a licensee who holds a licence that authorises the licensee to carry out residential construction work—

(i)the value of residential construction work carried out by the licensee other than work carried out as a subcontractor; and

(ii)the number of projects involving residential construction work for which the licensee has carried out, or agreed to carry out, building work as a licensee; and

(iii)if the licensee is a company—the full name and business address of the secretary of the company;

(d)the licensee’s current allowable annual turnover category;

(e)if the licensee is a company and the nominee, a licensed director or a licensed secretary of the company is, or within the last 10 years was, a nominee, licensed director or licensed secretary of another company (the other company) that was a licensee at the relevant time—the name of the other company.

(2)If the secretary of a company mentioned in subsection (1)(c)(iii) does not have a business address, the register must instead contain the secretary’s residential address.

(3)In this section—

allowable annual turnover, for an applicant for a licence or a licensee, means the allowable annual turnover calculated for the applicant or licensee under the minimum financial requirements.

allowable annual turnover category, for a licensee, means the category designated, under the minimum financial requirements, for the licensee’s allowable annual turnover.

licensed director means a director of a company if—

(a)the company is, or is required to be, a licensee; and

(b)the director is also, or is also required to be, a licensee.

licensed secretary means a secretary of a company if—

(a)the company is, or is required to be, a licensee; and

(b)the secretary is also, or is also required to be, a licensee.

relevant time means any time during which the person mentioned in subsection (1)(e) is or was a nominee, a licensed director or a licensed secretary of the other company.

s 55 amd 2018 SL No. 218 s 30; 2020 SL No. 241 s 30

56Prescribed persons and ways to examine building products or samples—Act, s 106O

(1)For section 106O(4) of the Act, the prescribed classes of person for examining a building product or sample are—

(a)if an Australian Standard states a way to examine the building product or sample—

(i)persons accredited by NATA to examine the building product or sample; and

(ii)persons accredited by another entity to examine the building product or sample, if the accreditation is recognised by NATA under a written agreement between NATA and the entity; or

(b)if paragraph (a) does not apply—persons the commissioner is satisfied are appropriately qualified to examine the building product or sample in the way mentioned in subsection (2)(b).

(2)For section 106O(4) of the Act, the prescribed way to examine a building product or sample is—

(a)if an Australian Standard states a way to examine the building product or sample—the stated way; or

(b)if paragraph (a) does not apply—a way the commissioner is satisfied is appropriate for examining the building product or sample for the purposes of part 6AA of the Act.

(3)The commissioner must keep a record of persons mentioned in subsection (1)(b).

(4)In this section—

NATA means the National Association of Testing Authorities Australia ABN 59 004 379 748.

56AAct for which confidential information may be disclosed, accessed or used—Act, s 110

For section 110(3)(c)(ii) of the Act, the Building Industry Fairness (Security of Payment) Act 2017 is prescribed.

s 56A ins 2020 SL No. 241 s 31

57Board’s policies approved—Act, sch 1, s 76

For schedule 1, section 76 of the Act, the following policies are approved—

(a)Rectification of Building Work made by the board on 16 May 2014;

(b)Minimum Financial Requirements made by the board on 28 August 2015.

58Fees

(1)The fees payable under the Act are stated in schedule 7.

(2)A reference in schedule 7 to a particular category applying to a licence is a reference to the category of that name that applies under the minimum financial requirements.

s 58 amd 2018 SL No. 218 s 30

pt 9 hdg amd 2020 SL No. 223 s 13

pt 9 div 1 hdg ins 2019 SL No. 213 s 11

59Definition for division

In this division—

expired regulation means the expired Queensland Building and Construction Commission Regulation 2003.

s 59 amd 2019 SL No. 213 s 12

60Licences that may be held and renewed after commencement—Act, s 30

(1)For section 30(4) of the Act, the following classes of licence are specified—

•building restricted to alterations and additions

•building restricted to external finishes

•building restricted to building removal

•building restricted to renovations, repairs and maintenance

•building restricted to repairs and maintenance

•building restricted to non-structural renovations

•carpentry (formwork)

•carpentry restricted to framing

•carpentry restricted to lattice and other timber work

•concreting restricted to concrete repairs

•concreting restricted to light concreting

•concreting restricted to minor repairs

•concreting restricted to special finishes

•specialised contracting—screw-in foundations

•floor finishing and covering restricted to floor sanding and finishing—timber floors

•floor finishing and covering restricted to install floating flooring

•floor finishing and covering restricted to install strip flooring (non-structural)

•floor finishing and covering restricted to seamless flooring

•floor finishing and covering restricted to install cork flooring

•floor finishing and covering restricted to install parquetry flooring

•painting restricted to roof painting

•painting restricted to special finishes

•plastering drywall restricted to cornice fixing

•plastering drywall restricted to partition installation

•plastering drywall restricted to plaster setting

•plastering drywall restricted to suspended ceiling fixing

•plastering drywall restricted to wallboard fixing

•plumbing and draining restricted to plumbing

•plumbing and draining restricted to wall cladding

•plumbing and draining restricted to skylight and ventilator installation

•plumbing and draining restricted to tanks—water supply

•specialised contracting—solid fuel heater installation

•refrigeration, air conditioning and mechanical services restricted to multipackaged residential air conditioning equipment and plant

•refrigeration, air conditioning and mechanical services restricted to residential evaporative cooling equipment

•refrigeration, air conditioning and mechanical services restricted to self-contained window package residential air conditioning installation

•roof tiling restricted to roof tile maintenance

•structural landscaping restricted to fences

•structural landscaping restricted to retaining walls

•swimming pool and spa construction restricted to finishes.

Note—

See also section 43 of the expired regulation.

(2)While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the repealed Queensland Building Services Authority Regulation 1992 as in force immediately before 1 September 2003 are taken to continue to apply to the licence.

61Contractors’ licences and nominee supervisors’ licences that may be held and renewed after commencement—Act, s 30

(1)For section 30(4) of the Act—

(a)the following classes of contractors’ licence are specified—

(i)fire suppression systems—special hazards;

(ii)fire suppression systems—special hazards restricted to carrying out certain work;

(iii)fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work; and

(b)the following classes of nominee supervisor’s licence are specified—

(i)fire suppression systems—special hazards;

(ii)fire suppression systems—special hazards restricted to carrying out certain work;

(iii)fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work.

Note—

See also sections 50 and 51 of the expired regulation.

(2)While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the expired regulation as in force immediately before 1 January 2009 are taken to continue to apply to the licence.

s 61 amd 2019 SL No. 30 s 32

62Existing competencies of persons to hold technical qualifications—sprinkler and suppression systems (reticulated water-based)—inspect and test

(1)This section applies if an applicant—

(a)has satisfactorily completed the following competencies—

(i)Test fire protection systems for pressure BCPFS2005A;

(ii)Test and maintain automatic fire sprinklers BCPFS3009A; and

(b)gives the commission evidence that—

(i)the applicant was employed, before 1 January 2009, in the fire protection industry; and

(ii)the applicant’s duties in that employment included the inspection and testing of sprinkler and suppression systems.

(2)The applicant is taken to hold the technical qualifications for a fire protection occupational licence in the class of sprinkler and suppression systems (reticulated water-based)—inspect and test.

63Existing competencies of persons to hold technical qualifications for certain classes of licences

(1)This section applies if—

(a)under the expired regulation as in force immediately before 1 January 2009, completion of a course satisfied the technical requirements for a licence mentioned in column 1 of the table; and

(b)a person gives the commission evidence that the person—

(i)was enrolled in the course before 1 January 2009; and

(ii)successfully completed the course before 1 January 2011.

(2)The person is taken to satisfy the technical qualifications for a licence of a class mentioned in column 2 of the table shown opposite the licence in column 1 of the table.

Table

	Column 1	Column 2
1	fire detection systems	fire detection, alarm and warning systems—certify fire detection, alarm and warning systems—install and maintain—extra low voltage
2	fire detection systems restricted to carrying out certain work	fire detection, alarm and warning systems—install and maintain—extra low voltage
3	fire detection systems restricted certification of, and preparation of reports about, certain work	fire detection, alarm and warning systems—certify
4	fire equipment—passive (wall and ceiling lining)	passive fire protection—fire and smoke walls and ceilings—certify plastering drywall licence
5	fire equipment—passive (penetration and joint sealing)	passive fire protection—fire collars, penetrations and joint sealing—certify, install and maintain
6	fire equipment—passive (fire doors and fire shutters)	passive fire protection—fire doors and shutters—certify
7	fire equipment—passive (fire doors and fire shutters) restricted to carrying out certain work	passive fire protection—fire doors and shutters—inspect and test
8	fire equipment—passive (fire doors and fire shutters) restricted to certification of, and preparation of reports about, certain work	passive fire protection—fire doors and shutters—certify
9	fire fighting appliances	fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain
10	fire fighting appliances restricted to carrying out certain work	portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain
11	fire fighting appliances restricted to certification of, and preparation of reports about, certain work	fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify
12	fire hose reels and fire hydrants	fire hydrants and hose reels—certify fire hydrants and hose reels—install and maintain
13	fire hose reels and fire hydrants restricted to carrying out certain work	fire hydrants and hose reels—install and maintain
14	fire hose reels and fire hydrants restricted to certification of, and preparation of reports about, certain work	fire hydrants and hose reels—certify
15	fixed fire pump sets	fire pumps—certify fire pumps—install and maintain
16	fixed fire pump sets restricted to carrying out certain work	fire pumps—install and maintain
17	fixed fire pump sets restricted to certification of, and preparation of reports about, certain work	fire pumps—certify
18	fire sprinkler systems (domestic and residential)	sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certify sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain
19	fire sprinkler systems (domestic and residential) restricted to carrying out certain work	sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain
20	fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work	sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certify
21	fire sprinkler systems (other than domestic and residential)	sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certify sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain
22	fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work	sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain
23	fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work	sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certify
24	fire sprinkler systems (domestic and residential); and fire sprinkler systems (other than domestic and residential)	sprinkler and suppression systems (reticulated water-based)—certify sprinkler and suppression systems (reticulated water-based)—install and maintain
25	fire sprinkler systems (domestic and residential) restricted to carrying out certain work; and fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work	sprinkler and suppression systems (reticulated water-based)—install and maintain
26	fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work; and fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work	sprinkler and suppression systems (reticulated water-based)—certify

64Existing competencies of persons to hold technical qualifications—portable fire equipment and hose reels (hose reels down stream of stop clock only) licences

(1)This section applies if a person gives the commission evidence that the person—

(a)was enrolled in the competency unit called ‘Service portable fire extinguishers in the workshop PRMPFES14B’ before 6 November 2009; and

(b)successfully completed the competency unit before 1 January 2011.

(2)The person is taken to have satisfied the technical qualifications for a licence mentioned in—

(a)schedule 2, part 29, section 3; or

(b)schedule 3, part 8, section 3.

65References to expired regulation

In a document, a reference to the expired regulation is, if the context permits, taken to be as a reference to this regulation.

pt 9 div 2 hdg ins 2019 SL No. 213 s 13

pt 9 div 2 sdiv 1 hdg ins 2019 SL No. 213 s 13

66Replacement of particular licence classes

(1)This section applies if, immediately before the commencement, a person held a licence of a class mentioned in column 1 of the table below (a previous class).

(2)The licence of the previous class is taken to be a licence of the class mentioned opposite the previous class in column 2 of the table (the new class).

(3)If, immediately before the commencement, the licence of the previous class was subject to any conditions, the licence of the new class is subject to the conditions.

(4)Unless the licence of the new class is sooner suspended or cancelled, the renewal day for the licence is the day that would have been the renewal day for the licence of the previous class if it had continued as a licence of the previous class.

Column 1	Column 2
Previous class of licence	New class of licence
refrigeration, air conditioning and mechanical services including unlimited design licence mentioned in schedule 2, part 47 as in force immediately before the commencement	mechanical services—air-conditioning and refrigeration (unlimited design) licence mentioned in schedule 2, part 48A
refrigeration, air conditioning and mechanical services including limited design licence mentioned in schedule 2, part 48 as in force immediately before the commencement	mechanical services—air-conditioning and refrigeration (limited design) licence mentioned in schedule 2, part 48B

s 66 ins 2019 SL No. 213 s 13

67Pending application for, or renewal or restoration of, previous licence classes

(1)This section applies if—

(a)before the commencement, a person applied for, or for the renewal of, or requested the restoration of, a licence of a class mentioned in column 1 of the table below (a previous class); and

(b)immediately before the commencement, the application or request had not been decided or otherwise finally dealt with.

(2)An application for a licence of the previous class is taken to be an application for a licence of the class mentioned opposite the previous class in column 2 of the table (the new class).

(3)An application for the renewal of a licence of the previous class is taken to be an application for the renewal of a licence of the new class.

(4)A request for the restoration of a licence of the previous class is taken to be a request for the restoration of a licence of the new class.

(5)Subsection (6) applies in relation to an application for a licence of the previous class if, immediately before the commencement, the applicant had the qualifications for the licence mentioned opposite the previous class in column 3 of the table.

(6)For deciding the application, the applicant is taken to have the qualifications required for a licence of the new class.

(7)Subsection (8) applies in relation to an application for the renewal of a licence of the previous class, if the applicant held the licence immediately before the commencement.

(8)For deciding the application, the applicant is taken to have the qualifications required for a licence of the new class.

(9)For dealing with a request for the restoration of a licence of the previous class, the licence of the previous class is taken to have been a licence of the new class immediately before it was cancelled.

Column 1	Column 2	Column 3
Previous class of licence	New class of licence	Accepted qualifications for new class of licence
refrigeration, air conditioning and mechanical services including unlimited design licence mentioned in previous schedule 2, part 47	mechanical services—air-conditioning and refrigeration (unlimited design) licence mentioned in schedule 2, part 48A	for any licence of the new class—the technical qualifications stated in previous schedule 2, part 47, section 3; or for a contractor’s licence of the new class—a qualification for a licence of the previous class, to which section 12(2) applied immediately before the commencement
refrigeration, air conditioning and mechanical services including limited design licence mentioned in previous schedule 2, part 48	mechanical services—air-conditioning and refrigeration (limited design) licence mentioned in schedule 2, part 48B	for any licence of the new class—the technical qualifications stated in previous schedule 2, part 48, section 3; or for a contractor’s licence of the new class—a qualification for a licence of the previous class, to which section 12(2) applied immediately before the commencement

(10)In this section—

previous, in relation to a provision, means the provision as in force immediately before the commencement.

s 67 ins 2019 SL No. 213 s 13

68Pending application for, or renewal of, particular licences

(1)This section applies if—

(a)before the commencement, a person applied for, or for the renewal of, a licence of a class mentioned in column 1 of the table below (the licence applied for); and

(b)immediately before the commencement, the application had not been decided; and

(c)before the application is decided but no later than 1 April 2020, the person, by written notice, asks the commission to amend the application under subsection (2).

(2)Before deciding the application, the commission must amend the application to include a licence of the class mentioned opposite the licence applied for in column 2 of the table (the additional licence).

(3)If the application is amended under subsection (2) to include a mechanical services—plumbing licence as the additional licence—

(a)no additional fee is payable for the application; and

(b)no fee is payable for the grant or renewal of the additional licence.

(4)Subsection (5) applies in relation to an application for the licence applied for if, immediately before the commencement, the applicant had the qualifications mentioned opposite the licence in column 3 of the table.

(5)For deciding the application, the applicant is taken to have the qualifications required for the additional licence.

(6)Subsection (7) applies in relation to an application for, or for the renewal of, the licence applied for if the applicant does not have the technical qualifications stated in the technical qualifications document for the additional licence.

(7)For deciding the application, the experience for the additional licence for section 31(1)(b) or 32(1)(a) of the Act is the experience mentioned opposite the additional licence in column 4 of the table.

Column 1	Column 2	Column 3	Column 4
Licence applied for	Additional licence	Accepted qualifications for additional licence	Alternative experience requirement for additional licence
plumbing and drainage licence mentioned in schedule 2, part 18	mechanical services—plumbing licence mentioned in schedule 2, part 48	the technical qualifications stated in schedule 2, part 18, section 3	the commission is satisfied the applicant has carried out, whether before or after the commencement, mechanical services work for at least 6 months
gasfitting licence mentioned in schedule 2, part 36	mechanical services—medical gas licence mentioned in schedule 2, part 47	the technical qualifications stated in schedule 2, part 36, section 3 and successful completion of the competency unit called ‘Install medical gas pipeline system (CPCPMS3034A)’	the commission is satisfied the applicant has carried out medical gas work, in compliance with the Work Health and Safety Act 2011, for at least 6 months

s 68 ins 2019 SL No. 213 s 13

69Pending application for water plumber—water and sanitary licence

(1)This section applies if—

(a)before the commencement, a person applied under the Plumbing and Drainage Act 2018 for a water plumber—water and sanitary licence; and

(b)immediately before the commencement, the application (the PDA application) had not been decided; and

(c)before the PDA application is decided but no later than 1 April 2020, the person, by written notice, asks the commission to confirm that an application is taken to have been made under subsection (2).

(2)The person is taken to have also made an application for a mechanical services—plumbing occupational licence (the deemed application).

(3)The commission must, as soon as practicable after receiving the notice mentioned in subsection (1)(c), give the person written confirmation that the person is taken to have made the deemed application.

(4)The deemed application must be decided with the PDA application.

(5)No fee is payable for the deemed application or the grant of the mechanical services—plumbing occupational licence.

(6)In this section—

mechanical services—plumbing occupational licence means a licence of the class mentioned in schedule 3A, part 2.

water plumber—water and sanitary licence means the restricted licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, item 7.

s 69 ins 2019 SL No. 213 s 13

pt 9 div 2 sdiv 2 hdg ins 2019 SL No. 213 s 13

70Definitions for subdivision

In this subdivision—

engineering degree means a bachelor degree in engineering recognised under the Australian Qualification Framework or an equivalent authority in another jurisdiction.

plumbing and drainage licence means a licence of a class mentioned in schedule 2, part 18.

relevant apprenticeship, for a licence, means an apprenticeship in work that is within the scope of work for the licence.

safety compliant work means work that complies with the Work Health and Safety Act 2011.

s 70 ins 2019 SL No. 213 s 13

sub 2020 SL No. 86 s 3

70AThis subdivision applies to new and existing applications

This subdivision applies to an application mentioned in section 70B, 70C, 70D or 70E if—

(a)the application was made, but not yet decided, before the commencement; or

(b)the application is made after the commencement.

s 70A ins 2020 SL No. 86 s 3

70BAlternative qualifications for particular contractor’s licences

(1)Subsection (2) applies to an application for a contractor’s licence of a class mentioned in schedule 2, part 47 (Mechanical services—medical gas licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out safety compliant work that is within the scope of work for the licence class.

(2)For section 31(1)(b) of the Act, the qualifications for the licence are—

(a)a gasfitting licence; or

(b)a relevant apprenticeship; or

(c)an engineering degree.

(3)Subsection (4) applies to an application for a contractor’s licence of a class mentioned in schedule 2, part 48 (Mechanical services—plumbing licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out work under a plumbing and drainage licence that is within the scope of work for the licence class.

(4)For section 31(1)(b) of the Act, the qualifications for the licence are—

(a)a plumbing and drainage licence; or

(b)an apprenticeship in plumbing.

(5)This section applies to an application mentioned in subsection (1) or (3)—

(a)despite section 12; and

(b)until the end of 31 December 2020.

s 70B ins 2020 SL No. 86 s 3

70CAlternative qualifications for particular nominee supervisor’s licences

(1)Subsection (2) applies to an application for a nominee supervisor’s licence of a class mentioned in schedule 2, part 47 (Mechanical services—medical gas licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out safety compliant work that is within the scope of work for the licence class.

(2)For section 32(1)(a) of the Act, the qualifications for the licence are—

(a)a gasfitting licence; or

(b)a relevant apprenticeship; or

(c)an engineering degree.

(3)Subsection (4) applies to an application for a nominee supervisor’s licence of a class mentioned in schedule 2, part 48 (Mechanical services—plumbing licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out work under a plumbing and drainage licence that is within the scope of work for the licence class.

(4)For section 32(1)(a) of the Act, the qualifications for the licence are—

(a)a plumbing and drainage licence; or

(b)an apprenticeship in plumbing.

(5)This section applies to an application mentioned in subsection (1) or (3)—

(a)despite section 13; and

(b)until the end of 31 December 2020.

s 70C ins 2020 SL No. 86 s 3

70DAlternative qualifications for particular site supervisor’s licences

(1)Subsection (2) applies to an application for a site supervisor’s licence of a class mentioned in schedule 2, part 47 (Mechanical services—medical gas licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out safety compliant work that is within the scope of work for the licence class.

(2)For section 32AA(1)(a) of the Act, the qualifications for the licence are—

(a)a gasfitting licence; or

(b)a relevant apprenticeship; or

(c)an engineering degree; or

(d)the carrying out of medical gas work, before 1 January 2020, for at least 2 years.

(3)Subsection (4) applies to an application for a site supervisor’s licence of a class mentioned in schedule 2, part 48 (Mechanical services—plumbing licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out work under a plumbing and drainage licence that is within the scope of work for the licence class.

(4)For sections 32AA(1)(a) of the Act, the qualifications for the licence are—

(a)a plumbing and drainage licence; or

(b)an apprenticeship in plumbing.

(5)This section applies to an application mentioned in subsection (1) or (3)—

(a)despite section 14; and

(b)until the end of 31 December 2021.

s 70D ins 2020 SL No. 86 s 3

70EAlternative qualifications for particular mechanical services occupational licences

(1)Subsection (2) applies to an application for a mechanical services occupational licence of a class mentioned in schedule 3A, part 1 (Mechanical services—medical gas occupational licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out safety compliant work that is within the scope of work for the licence class.

(2)For section 32AB(1)(a) of the Act, the qualifications for the licence are—

(a)a relevant apprenticeship; or

(b)an engineering degree; or

(c)the carrying out of medical gas work, before 1 January 2020, for at least 2 years.

(3)Subsection (4) applies to an application for a mechanical services occupational licence of a class mentioned in schedule 3A, part 2 (Mechanical services—plumbing occupational licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out work that is within the scope of work for the licence class.

(4)For sections 32AB(1)(a) of the Act, the qualifications for the licence are—

(a)a restricted licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, column 1, item 7 (water plumber—water and sanitary); or

(b)an apprenticeship in plumbing.

(5)This section applies to an application mentioned in subsection (1) or (3)—

(a)despite section 15A; and

(b)until the end of 31 December 2021.

s 70E ins 2020 SL No. 86 s 3

71Deferral of experience requirements for particular licences

(1)This section applies in relation to a licence of a class mentioned in column 1 of the table below.

(2)The section mentioned opposite the licence class in column 2 of the table does not apply in relation to a person who applies for a licence of the class before 1 January 2022.

Column 1	Column 2
Licence class	Deferred experience requirement
mechanical services—medical gas	schedule 2, part 47, section 5
mechanical services—plumbing	schedule 2, part 48, section 5
mechanical services— air-conditioning and refrigeration (unlimited design)	schedule 2, part 48A, section 5
mechanical services—air-conditioning and refrigeration (limited design)	schedule 2, part 48B, section 5

s 71 ins 2019 SL No. 213 s 13

pt 9 div 2 sdiv 2A hdg ins 2020 SL No. 86 s 4

71AAlternative minimum financial requirements for particular licence

(1)This section applies to a class of contractor’s licence mentioned in schedule 2, part 47 (Mechanical services—medical gas licence).

(2)Despite schedule 2, part 47, section 6, the Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018, parts 3 (other than section 10), 3B, 4 and 4A do not apply in relation to the licence until 31 December 2020.

s 71A ins 2020 SL No. 86 s 4

pt 9 div 2 sdiv 3 hdg ins 2019 SL No. 213 s 13

72Fee for mechanical services plumbing licence not payable—relevant licence held

(1)This section applies if—

(a)before 1 April 2020, a person applies for a licence of a class mentioned in column 1 of the table below; and

(b)the person holds a licence of the class mentioned opposite the licence class applied for in column 2 of the table.

(2)No fee is payable for the application or the grant of the licence applied for.

Column 1	Column 2
Licence class applied for	Relevant licence class held
mechanical services—plumbing licence mentioned in schedule 2, part 48	plumbing and drainage licence mentioned in schedule 2, part 18
mechanical services—plumbing occupational licence mentioned in schedule 3A, part 2	water plumber—water and sanitary licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, item 7

s 72 ins 2019 SL No. 213 s 13

73Fee for mechanical services plumbing licence not payable—prior relevant experience

(1)This section applies if—

(a)immediately before the commencement, a person held a contractor’s licence mentioned in schedule 2, part 47 or 48, as in force immediately before the commencement; and

(b)the person personally carried out or employed another person to carry out mechanical services plumbing work under the licence during the 6 months before the commencement; and

(c)before 1 July 2020, the person applies for a mechanical services—plumbing licence of the class mentioned in schedule 2, part 48 (the licence applied for); and

(d)the person—

(i)has the technical qualifications for the licence applied for; or

(ii)employs a nominee supervisor who holds a mechanical services—plumbing licence.

(2)No fee is payable for the application or the grant of the licence applied for.

(3)In this section—

mechanical services plumbing work means constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a mechanical heating or cooling system in a building that is associated with the heating and cooling of that building.

s 73 ins 2019 SL No. 213 s 13

73AFee for particular application

(1)This section applies to an application for a class of contractor’s licence mentioned in schedule 2, part 47 (Mechanical services—medical gas licence).

(2)Subsection (3) applies if the applicant must do either of the following—

(a)lodge a report under the Corporations Act, section 319 for a reporting year;

(b)give the ASX copies of ASX annual documents for a reporting year.

(3)The applicant must give the commission a copy of the most recent report or ASX annual documents.

(4)If subsection (3) does not apply to the applicant, the applicant must estimate the applicant’s maximum revenue for the reporting year and inform the commission of the estimated maximum revenue.

(5)The commission must use the information given to it under subsection (3) or (4) to decide the applicant’s maximum revenue.

(6)The applicant’s maximum revenue as decided under subsection (5) is taken to be the applicant’s maximum revenue for section 11H of the Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018.

(7)To remove any doubt, it is declared that the applicant’s licensee category, as worked out under this section, applies for the purpose of determining the fee payable for the application under section 33(1)(b)(ii) of the Act.

(8)This section applies to the application—

(a)whether it was made before or after the commencement; and

(b)until 31 December 2020.

(9)In this section—

ASX means ASX Limited ACN 008 624 691.

ASX annual documents means the annual documents required to be given to the ASX under chapter 4, section 4.5 of the ASX listing rules.

ASX listing rules means rules made by the ASX for the listing of corporations on the Australian stock exchange.

reporting year, for an applicant, means the most recent reporting year for the applicant under the Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018, schedule 3.

s 73A ins 2020 SL No. 86 s 5

pt 9 div 2 sdiv 4 hdg ins 2019 SL No. 213 s 13

74Mechanical services work by employee of person not licensed for the work—Act, s 42CA

(1)For section 42CA(2) of the Act, mechanical services work personally carried out by an individual (the affected individual) is prescribed if—

(a)immediately before the commencement—

(i)a person (the employer) was carrying on a business that included carrying out the mechanical services work; and

(ii)the affected individual was an officer, employee or subcontractor of the employer and was personally carrying out the mechanical services work for the employer; and

(b)from the commencement—

(i)the mechanical services work would be within the scope of work for a mechanical services licence (a relevant licence) if the licence were held by the employer; and

(ii)the affected individual has continued to personally carry out the mechanical services work for the employer.

(2)This section stops applying on the first of the following days—

(a)if the employer applies for a relevant licence—the day the application is granted or refused;

(b)1 January 2021.

s 74 ins 2019 SL No. 213 s 13

amd 2020 SL No. 86 s 6

75Mechanical services work by employee of licensed contractor for the work—Act, s 42CA

(1)For section 42CA(2) of the Act, mechanical services work personally carried out by an individual is prescribed if—

(a)the individual is an officer, employee or subcontractor of a licensed contractor and personally carries out the mechanical services work under the contractor’s licence; and

(b)the mechanical services work is within the scope of work for the class of licence.

(2)However, subsection (1) does not apply if the individual is—

(a)a nominee supervisor providing supervisory services for, or personally supervising, the mechanical services work; or

(b)an apprentice who, from the commencement, completes an apprenticeship for which the apprentice has been personally carrying out the mechanical services work in a calling that requires the apprentice to carry out the work.

(3)This section stops applying on 1 January 2022.

s 75 ins 2019 SL No. 213 s 13

pt 9 div 3 hdg ins 2019 SL No. 252 s 10

76Refund of licence fees paid for particular contractor’s licences

(1)This section applies if, during the relevant period, an individual—

(a)applied for or requested—

(i)a relevant contractor’s licence for 1 year under section 33 of the Act; or

(ii)the renewal of a relevant contractor’s licence for 1 year under section 37B of the Act; or

(iii)the restoration of a relevant contractor’s licence for 1 year under section 39 of the Act; and

(b)paid the commission a licence fee for the licence.

(2)The commission must refund the licence fee to the individual.

(3)In this section—

relevant contractor’s licence means a contractor’s licence to which any of categories 3 to 7 applies.

relevant period means the period starting on 1 September 2018 and ending on the commencement.

s 76 ins 2019 SL No. 252 s 9

pt 9 div 4 hdg ins 2020 SL No. 223 s 14

pt 9 div 4 sdiv 1 hdg ins 2020 SL No. 223 s 25

77Licences of particular classes that may continue to be held and renewed—Act, s 30E

For section 30E of the Act, each section in this subdivision (a relevant section) provides for a licence of a particular class to continue to be held and renewed by a person who held the licence immediately before the commencement of the relevant section.

s 77 ins 2020 SL No. 223 s 14

amd 2020 SL No. 223 s 26

78Continuation of particular licences mentioned in repealed Queensland Building Services Authority Regulation 1992

(1)This section applies in relation to a contractor’s licence or supervisor’s licence of a class (each the continuing licence class) mentioned in schedule 2 of the repealed regulation and stated in schedule 7A, part 1, column 1.

Note—

See section 60 under which the relevant licence classes are specified as classes that were able to be held and renewed under section 30(4) of the Act.

(2)The licence may continue to be held and renewed by a person who held the licence immediately before the commencement.

(3)While the person holds the licence, each of the following provisions of the repealed regulation continue to apply in relation to the licence—

(a)sections 6 to 8;

(b)the provisions of the repealed regulation, schedule 2 stated opposite the continuing licence class in schedule 7A, part 1, column 2.

(4)In this section and schedule 7A, part 1—

repealed regulation means the repealed Queensland Building Services Authority Regulation 1992.

s 78 ins 2020 SL No. 223 s 14

79Continuation of particular licences mentioned in expired Queensland Building and Construction Commission Regulation 2003

(1)This section applies in relation to a contractor’s licence or nominee supervisor’s licence of a class (each the continuing licence class) mentioned in a former provision of the expired regulation and stated in schedule 7A, part 2, column 1.

Notes—

1See section 61(1)(a) and (2) under which the relevant classes of contractors’ licences are specified as classes that were able to be held and renewed under section 30(4) of the Act.

2See section 61(1)(b) and (2) under which the relevant former provisions of schedule 2 of the expired regulation were taken to have continued to apply to the relevant classes of nominee supervisors’ licences.

(2)The licence may continue to be held and renewed by a person who held the licence immediately before the commencement.

(3)While the person holds the licence, each of the following provisions of the expired regulation continue to apply in relation to the licence—

(a)former sections 14, 14A, 15 and 16;

(b)each former provision stated opposite the continuing licence class in schedule 7A, part 2, column 2.

(4)In this section and schedule 7A, part 2—

expired regulation means the expired Queensland Building and Construction Commission Regulation 2003.

former, in relation to a provision of the expired regulation, means the provision as in force immediately before 1 January 2009.

s 79 ins 2020 SL No. 223 s 14

80Continuation of particular contractors’ and nominee supervisors’ licences mentioned in former provisions

(1)This section applies in relation to a contractor’s licence or nominee supervisor’s licence of a class (each the continuing licence class) mentioned in a former provision of schedule 2 of this regulation and stated in schedule 7A, part 3, column 1.

(2)The licence may continue to be held and renewed by a person who held the licence immediately before the commencement.

(3)While the person holds the licence, each former provision of this regulation stated opposite the continuing licence class in schedule 7A, part 3, column 2 continues to apply in relation to the licence.

(4)In this section and schedule 7A, part 3—

former, in relation to a provision of this regulation, means the provision as in force immediately before the commencement.

s 80 ins 2020 SL No. 223 s 27

81Continuation of particular fire protection occupational licences mentioned in former provisions

(1)This section applies in relation to a fire protection occupational licence of a class mentioned in a former provision of schedule 3 of this regulation and stated in schedule 7A, part 4, column 1 (the continuing licence class).

(2)The licence may continue to be held and renewed by a person who held the licence immediately before the commencement.

(3)While the person holds the licence, each former provision of this regulation stated opposite the continuing licence class in schedule 7A, part 4, column 2 continues to apply in relation to the licence.

(4)In this section and schedule 7A, part 4—

former, in relation to a provision of this regulation, means the provision as in force immediately before the commencement.

s 81 ins 2020 SL No. 223 s 27

pt 9 div 4 sdiv 2 hdg ins 2020 SL No. 223 s 28

82Replacement of former classes of licences

(1)This section applies if, immediately before the commencement, a person held a licence of a class mentioned in schedule 7B, part 1 or 2, column 1 (a former class).

(2)The licence of the former class is taken to be a licence of the class mentioned opposite the former class in schedule 7B, part 1 or 2, column 2 (the new class).

(3)If, immediately before the commencement, the licence of the former class was subject to any conditions, the licence of the new class is subject to the conditions.

(4)Unless the licence of the new class is sooner suspended or cancelled, the renewal day for the licence is the day that would have been the renewal day for the licence of the former class if it had continued as a licence of the former class.

(5)Subsection (6) applies if the licence of the former class is a licence of a former class mentioned in—

(a)schedule 2, part 28, section 1(3), as in force immediately before the commencement; or

(b)schedule 3, part 7, section 1(2), as in force immediately before the commencement.

(6)Before 1 November 2021, the scope of work for the licence of the new class is taken to include the scope of work for the licence of the former class.

s 82 ins 2020 SL No. 223 s 28 (amd 2021 SL No. 37 s 7(1))

83Pending application for, or renewal or restoration of, former licence classes

(1)This section applies if—

(a)before the commencement, a person applied for, or for the renewal of, or requested the restoration of, a licence of a class mentioned in schedule 7B, part 1 or 2, column 1 (a former class); and

(b)immediately before the commencement, the application or request had not been decided or otherwise finally dealt with.

(2)An application for a licence of the former class is taken to be an application for a licence of the class mentioned opposite the former class in schedule 7B, part 1 or 2, column 2 (the new class).

(3)An application for renewal of a licence of the former class is taken to be an application for renewal of a licence of the new class.

(4)A request for the restoration of a licence of the former class is taken to be a request for the restoration of a licence of the new class.

(5)For deciding an application or request mentioned in subsection (2), (3) or (4), if the person making the application or request has the qualifications required for the licence of the former class, the person is taken to have the technical qualifications required, under part 3, division 2, for the licence of the new class.

Note—

See also section 85 and schedule 7B, part 2 for additional technical qualifications required for particular licensees.

(6)Subsection (7) applies if—

(a)an application or request mentioned in subsection (2), (3) or (4) relates to a licence of a former class mentioned in—

(i)schedule 2, part 28, section 1(3), as in force immediately before the commencement; or

(ii)schedule 3, part 7, section 1(2), as in force immediately before the commencement; and

(b)the licence of the new class is granted, renewed or restored.

(7)Before 1 November 2021, the scope of work for the licence of the new class is taken to include the scope of work for the licence of the former class.

s 83 ins 2020 SL No. 223 s 28 (amd 2021 SL No. 37 s 7(2))

84Existing competencies for technical qualifications for particular new licence classes

(1)This section applies if—

(a)immediately before the commencement, completion of a course would have satisfied a technical qualification for a licence of a class mentioned in schedule 7B, part 1, column 1 (a former class); and

(b)a person gives the commission evidence that the person—

(i)was enrolled in the course before the commencement; and

(ii)successfully completes the course within 1 year after the commencement.

(2)The person is taken to satisfy the technical qualification for a licence of the class mentioned opposite the former class in schedule 7B, part 1, column 2.

s 84 ins 2020 SL No. 223 s 28

85Additional qualifications for particular new licence classes—Act, ss 31, 32, 32AB

(1)This section applies if—

(a)immediately before the commencement, a person held a licence of a former class that is taken, under section 82(2), to be a licence of a new class; and

(b)the person continues to hold the licence of the new class from the commencement.

(2)Also, this section applies if—

(a)before the commencement, a person applied for, or for the renewal of, or requested the restoration of, a licence of a former class; and

(b)under section 83(2), (3) or (4), the licence is granted, renewed or restored as a licence of a new class.

(3)For section 31(1)(b), 32(1)(a) or 32AB(1)(a) of the Act, the person must have the technical qualification mentioned opposite the former class in schedule 7B, part 2, column 3, or an equivalent qualification, no later than the required qualification day.

(4)The requirement for the person to have the technical qualification under subsection (3) is subject to any condition mentioned opposite the former class in schedule 7B, part 2, column 3.

(5)To remove any doubt, it is declared that subsection (3) does not limit a requirement for the person to have another qualification under section 12, 13 or 15 for the licence of the new class.

(6)In this section—

equivalent qualification, of a technical qualification mentioned in schedule 7B, part 2, column 3, means—

(a)a qualification that replaces or supersedes the technical qualification; or

(b)another qualification the commission is satisfied is at least equivalent to the technical qualification.

former class means a class of licence mentioned in schedule 7B, part 2, column 1.

new class, in relation to a former class, means the class of licence mentioned opposite the former class in schedule 7B, part 2, column 2.

required qualification day means the day mentioned opposite the former class in schedule 7B, part 2, column 3.

s 85 ins 2020 SL No. 223 s 28 (amd 2021 SL No. 37 s 7(3)–(8))

85A Alternative qualifications for applications for particular new licence class

(1)Subsection (2) applies in relation to an application for a licence of the class mentioned in schedule 2, part 31, section 1(4) if—

(a)the application is made on or after the commencement but before 1 November 2021; and

(b)the applicant does not have the technical qualifications required under part 3, division 2 for a licence of the class; and

(c)the applicant is the holder of an electrical mechanic licence; and

(d)the applicant has, for at least 6 months, carried out work that is the installation and maintenance of the inputs, outputs and controls associated with fire detection systems or emergency warning and intercom systems; and

(e)the application is accompanied by evidence of the matters mentioned in paragraph (d).

(2)For deciding the application, the applicant is taken to have the technical qualifications required under part 3, division 2 for a licence of the class.

s 85A ins 2020 SL No. 223 s 28 (amd 2021 SL No. 37 s 7(9))

85B Alternative additional technical qualifications for particular new licence class

(1)This section applies in relation to a person who holds a licence of the class mentioned in schedule 2, part 31, section 1(4) if—

(a)either—

(i)the person is taken to hold the licence under section 82(2); or

(ii)the licence was granted, renewed or restored under section 83(2), (3) or (4); and

(b)the person does not have the additional technical qualifications required under section 85(3) for a licence of the class; and

(c)the person is the holder of an electrical mechanic licence; and

(d)the person has, for at least 6 months, carried out work that is the installation and maintenance of the inputs, outputs and controls associated with fire detection systems or emergency warning and intercom systems; and

(e)before 1 November 2021, the person gives the commission evidence of the matters mentioned in paragraph (d).

(2)The commission must give the person written notice stating that the person is taken to have the additional technical qualifications required under section 85(3) for a licence of the class.

(3)On and from the date of the notice, the person is taken to have the additional technical qualifications required under section 85(3) for a licence of the class.

s 85B ins 2020 SL No. 223 s 28 (amd 2021 SL No. 37 s 7(9))

pt 9 div 5 hdg ins 2021 SL No. 107 s 3

86Alternative qualification for mechanical services—air-conditioning and refrigeration occupational licence

(1)This section applies to an application for a mechanical services occupational licence of a class mentioned in schedule 3A, part 3 (Mechanical services—air-conditioning and refrigeration occupational licence) if—

(a)either—

(i)the application was made, but not decided, before the commencement; or

(ii)the application is made after the commencement but before 1 October 2021; and

(b)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(c)the commission is satisfied the applicant has, for at least 6 months, carried out work that—

(i)is within the scope of work for the licence class; and

(ii)complies with the Work Health and Safety Act 2011.

(2)For section 32AB(1)(a) of the Act, the qualification for the licence is the carrying out of air-conditioning and refrigeration work, before 1 January 2020, for at least 2 years.

(3)This section applies to the application—

(a)despite section 15A; and

(b)until the end of 31 December 2021.

(4)In this section—

air-conditioning and refrigeration work means constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning air-conditioning, air handling systems and refrigeration for a building.

s 86 ins 2021 SL No. 107 s 3

pt 9 div 6 hdg ins 2021 SL No. 183 s 3

pt 9 div 6 sdiv 1 hdg ins 2021 SL No. 183 s 3

87Definition for division

In this division—

former, for a provision of this regulation, means the provision as in force immediately before 1 May 2021.

Notes—

1The Queensland Building and Construction Commission and Other Legislation (Fire Protection Licensing) Amendment Regulation 2020, part 4, division 3 commenced on 1 May 2021.

2See also sections 80, 81, 82 and 83.

s 87 ins 2021 SL No. 183 s 3

pt 9 div 6 sdiv 2 hdg ins 2021 SL No. 183 s 3

88Scope of work for particular transitioned licences

(1)This section applies in relation to a licence (the transitioned licence) if—

(a)the transitioned licence was taken, under section 82(2), to be a licence of the class mentioned in schedule 2, part 26, section 1(4); and

(b)immediately before 1 May 2021, the transitioned licence was a licence of a relevant former class.

(2)This section also applies in relation to a licence (also the transitioned licence) if—

(a)the transitioned licence is of the class mentioned in schedule 2, part 26, section 1(4); and

(b)the transitioned licence was granted, renewed or restored under section 83(2), (3) or (4); and

(c)the application or request mentioned in section 83(2), (3) or (4) related to a licence of a relevant former class.

(3)However, this section does not apply in relation to the transitioned licence—

(a)before 31 March 2022; or

(b)while—

(i)if the licensee is a company—the licensee’s nominee holds 1 or more of the required qualifications; or

(ii)otherwise—the licensee holds 1 or more of the required qualifications.

(4)The scope of work for the transitioned licence is taken to be—

(a)install and maintain fire hydrant systems, with or without pumps; and

(b)install and maintain fire hose reels, with or without pumps; and

(c)install fire collars, if the installation is incidental to work mentioned in paragraph (a) or (b).

(5)This section applies despite sections 82, 83 and 84 and schedule 2, part 26, section 2(5).

(6)In this section—

relevant former class, of licence, means a class oflicence mentioned in—

(a)schedule 2, former part 27, section 1(2); or

(b)schedule 2, former part 28, section 1(2).

required qualifications means—

(a)successful completion of Certificate III in fire protection (CPC32813); or

(b)a current restricted licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, column 1, item 5 (water plumber—fire protection (commercial and industrial)); or

(c)a current plumbers licence, or current provisional plumbers licence, with an endorsement mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 4, column 1, item 3 (fire protection—commercial and industrial); or

(d)the technical qualifications for a licence of the class mentioned in schedule 2, part 26, section 1(4).

s 88 ins 2021 SL No. 183 s 3

pt 9 div 6 sdiv 3 hdg ins 2021 SL No. 183 s 3

89Definitions for subdivision

In this subdivision—

continuing provision, for a licence of a relevant former class, means a former provision of this regulation stated opposite the class in—

(a)schedule 7A, part 3, column 2; or

(b)schedule 7A, part 4, column 2.

relevant former class, of licence, means a class of licence mentioned in—

(a)schedule 7A, part 3, column 1; or

(b)schedule 7A, part 4, column 1.

s 89 ins 2021 SL No. 183 s 3

90Existing applications for licences of relevant former classes

(1)This section applies if—

(a)before 1 May 2021, a person made an application for a licence of a relevant former class; and

(b)immediately before the commencement, the application had not been decided, withdrawn or otherwise finally dealt with.

(2)The commission may decide the application as if each continuing provision for the licence had continued in force from 1 May 2021.

(3)If the commission grants the application, the licence may be held and renewed by the person as if each continuing provision for the licence had continued in force from 1 May 2021.

s 90 ins 2021 SL No. 183 s 3

91New applications for licences of relevant former classes

(1)This section applies if—

(a)before 1 May 2021, a person made an application (the initial application) for a licence of a relevant former class; and

(b)on or after 1 May 2021, but before the commencement—

(i)the commission rejected the application; or

(ii)the commission otherwise refused to grant the application; or

(iii)the application was withdrawn.

(2)The person may, before 1 May 2022, make an application (the further application) for a licence of the relevant former class.

(3)Payment of a fee mentioned in schedule 7, item 1, 2, 3 or 4 is waived for the further application if the fee, as it was in force under schedule 7 from time to time before 31 May 2021—

(a)was paid in relation to the initial application; and

(b)has not been refunded before the making of the further application.

(4)The commission may decide the further application as if each continuing provision for the licence had continued in force from 1 May 2021.

(5)If the further application is granted, the licence may be held and renewed by the person as if each continuing provision for the licence had continued in force from 1 May 2021.

s 91 ins 2021 SL No. 183 s 3

section 5

1Work for a farm building or farm fence

(1)Work mentioned in schedule 2 of the Act, definition building work, any of paragraphs (a) to (f), if—

(a)the work is for a farm building; and

(b)after the work is completed, the value of the farm building is not more than $27,500.

(2)Work mentioned in schedule 2 of the Act, definition building work, paragraph (a), (b) or (f), if the work is for a farm fence.

(3)In this section—

farm building means a building—

(a)on land used wholly or primarily for agricultural or pastoral purposes; and

(b)used, or intended to be used, for agricultural or pastoral purposes; and

(c)that is not a residence.

farm fence means—

(a)a fence—

(i)on land used wholly or primarily for agricultural or pastoral purposes; and

(ii)used, or intended to be used, for agricultural or pastoral purposes; or

(b)a gate or grid associated with a fence mentioned in paragraph (a).

2Work of a value of $3,300 or less

Work of a value of $3,300 or less, unless—

(a)subject to section 33(3) of this schedule, the work is within the scope of work of a fire protection licence; or

(b)the work is within the scope of work of a licence provided for in schedule 2, any of parts 11 to 14, 18, 19, 36, 51 or 56; or

(c)the work is within the scope of work of another licence provided for in schedule 2, and is carried out by a licensee as part of a contract for building work of which the total value is more than $3,300; or

(d)the work is within the scope of work of a licence provided for in schedule 2, part 38 and the value of the work is more than $1,100; or

(e)subject to section 33(4) of this schedule, the work is mechanical services work within the scope of work for a mechanical services licence.

sch 1 s 2 amd 2019 SL No. 213 s 14(1); 2020 SL No. 241 s 32(1)–(2)

3Giving of free advice by building industry organisations

Giving of free advice by an organisation the membership of which is drawn wholly or predominantly from the building industry.

4Work performed by architects

Work performed by an architect in the architect’s professional practice, including, for example, carrying out a completed building inspection.

5Work performed by engineers

Work performed by an engineer in the engineer’s professional practice.

6Work performed by licensed surveyors

Work performed by a licensed surveyor in the surveyor’s professional practice.

7Work performed by the Commonwealth or its agencies

Work performed by the Commonwealth or an instrumentality or agency of the Commonwealth, but not work performed for the Commonwealth or an instrumentality or agency by an independent contractor.

8Work performed by the State or its agencies

Work performed by the State or an instrumentality or agency of the State, but not work performed for the State or an instrumentality or agency by an independent contractor.

sch 1 s 8 amd 2020 SL No. 241 s 32(3)–(4)

9Work performed by local governments

Work performed by a local government, but not work performed for a local government by an independent contractor.

10Work performed by charities or community organisations

(1)Work performed by a charitable or community organisation for its own use, if the commission gives the organisation written notice the work can be excluded from schedule 2 of the Act, definition building work, given the qualifications and experience of persons who supervise the work.

(2)However, this exclusion does not apply to residential construction work.

(3)In this section—

community organisation means an organisation formed to promote the interests of a particular community or community group.

11Work for water reticulation systems, sewerage systems or stormwater drains

(1)Construction, extension, repair or replacement of a water reticulation system, sewerage system or stormwater drain, other than works connecting a particular building to a main of the system or drain.

(2)In this section—

building includes a proposed building.

12Work for public utility easements

(1)Construction, maintenance or repair on a public utility easement.

(2)In this section—

public utility easement see the Land Title Act 1994, section 81A.

13Work on busways and tunnels

(1)Construction, maintenance or repair of a busway or a tunnel for a busway.

(2)In this section—

busway means—

(a)a route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport purposes; or

(b)places for the taking on and letting off of bus passengers using the busway; or

(c)a causeway or culvert in, on, or under a busway that is associated with the busway; or

(d)a structure in, on, or under a busway that is associated with the busway.

14Work on roads and tunnels

(1)Construction, maintenance or repair of a road or a tunnel for a road.

(2)In this section—

driveway means—

(a)a surface constructed—

(i)on a private property; and

(ii)for the purpose of driving or riding of motor vehicles to or from the property and a road; and

(iii)for which the right to use the surface is restricted to persons with an interest in the property and their invitees; or

(b)a surface constructed—

(i)between the boundary of a private property and that part of a road used for the driving or riding of motor vehicles; and

(ii)for the purpose of driving or riding of motor vehicles to or from the property and the road.

road—

(a)means an area of land—

(i)whether surveyed or unsurveyed, dedicated, notified or declared to be a road for public use; or

(ii)whether surveyed or unsurveyed, taken under an Act, for the purpose of a road for public use; or

(iii)developed, or to be developed, for the public use of driving or riding of motor vehicles; and

(b)includes—

(i)a street, esplanade, highway, pathway, thoroughfare, toll road, track or stock route; and

(ii)a causeway or culvert in, on, or under a road that is associated with the road; and

(iii)a structure in, on, or under a road that is associated with the road; and

(c)does not include a driveway.

15Work on bikeways and footpaths

(1)Construction, maintenance or repair of a bikeway or footpath or a tunnel for a bikeway or footpath.

(2)In this section—

bikeway—

(a)means a path that has as 1 of its main purposes the public use of the path for riding bicycles; but

(b)does not include a path contained within private property.

footpath—

(a)means a path that has as 1 of its main purposes the public use of the path by pedestrian traffic; but

(b)does not include a path contained within private property.

16Work on public bridges

Construction, maintenance or repair of a bridge, other than a bridge on private property.

17Work for railway tracks

Construction, maintenance or repair of railway tracks, signals or associated structures, unless the structures are buildings for residential purposes, or are storage or service facilities.

18Work for airport runways

Construction, maintenance or repair of airport runways, taxiways and aprons.

19Work on harbours, wharfs and other maritime structures

Construction, maintenance or repair of harbours, wharfs and other maritime structures, unless the structures are buildings for residential purposes, or are storage or service facilities.

20Electrical work

Electrical work under the Electrical Safety Act 2002.

22Work for dams

Construction, maintenance or repair of a dam.

23Work for communications for broadcasting

Construction, maintenance or repair of communications installations performed for a public company or other public body engaged in radio or television broadcasting or in some other form of communications business or undertaking.

24Work for unsupported signs

Construction, maintenance or repair of a sign that does not have a supporting structure.

Example—

a sign that consists of only a flat sheet of acrylic resin, fabric, metal or wood

25Work for supporting structures for signs

Construction, maintenance or repair of a supporting structure for a sign if—

(a)the value of building work for the supporting structure is less than $5,000; or

(b)the top of the sign or supporting structure, whichever is higher, is less than 3m above the surface immediately below the sign or structure, including, for example, the ground, or a road or path on which an individual may travel, whether in a vehicle, while walking, or in any other way.

26Erecting scaffolding

Erection of scaffolding.

27Installation of manufacturing equipment

Installation of manufacturing equipment or equipment for hoisting, conveying or transporting materials or products, including luggage, mail or primary produce, but not including the installation of fixed structures providing shelter for the equipment.

28Construction work in mining

Construction work in mining.

29Work for curtains, blinds and internal window shutters

Hanging of curtains or installing, maintaining or repairing blinds or internal window shutters, other than fire shutters.

30Laying carpets, floating floors or vinyl

(1)Laying of carpets, floating floors or vinyl.

(2)In this section—

floating floor means a floor that covers a subfloor but is not fixed to the subfloor.

31Work for monuments, fountains and other works of art

Work consisting of monumental masonry, sculpture, or the erection or construction of statues, fountains or other works of art, other than work affecting the structure of a building.

32Earthmoving and excavating

Work consisting of earthmoving and excavating.

33Particular work performed personally by owners of land

(1)Work, other than work within the scope of work of an occupational licence, performed personally by the owner of the land on which the work is performed if—

(a)the value of the work is not more than $11,000; or

(b)under the Building Act 1975, chapter 2, the work is, for the Planning Act 2016, accepted development.

(2)Work within the scope of work of a licence under the Plumbing and Drainage Act 2018 performed personally by the owner of the land on which the work is performed if—

(a)the owner holds a licence, other than a provisional licence, under the Plumbing and Drainage Act 2018 that authorises the carrying out of the work; and

(b)the value of the work is no more than $11,000.

(3)Work within the scope of work of a fire protection licence performed personally by the owner of the land on which the work is performed—

(a)if the value of the work is no more than $1,100; or

(b)if—

(i)the owner holds a fire protection occupational licence that authorises the carrying out of the work; and

(ii)the work is carried out on a class 1a or attached class 10a building; and

(iii)the value of the work is no more than $11,000.

(4)Work that is mechanical services work within the scope of work for a mechanical services licence, if—

(a)the work is performed personally by the owner of the land on which the work is performed; and

(b)the value of the work is no more than $1,100.

sch 1 s 33 amd 2019 SL No. 213 s 14(2); 2020 SL No. 241 s 32(5)–(8)

34Certification work by building certifiers

Certification work performed by a building certifier under the Building Act 1975 in the certifier’s professional practice.

35Particular work performed by registered valuers

Services performed by a registered valuer under the Valuers Registration Act 1992 in the valuer’s professional practice.

36Laying asphalt or bitumen

Laying of asphalt or bitumen.

37Work done under the Work Health and Safety Regulation

Work done under the Work Health and Safety Regulation 2011, chapter 8, part 8.3.

38Work for assessment of insurance claims

An inspection, investigation or report for assessment of an insurance claim.

39Work performed by locksmiths

Work of the type usually performed by a locksmith, whether performed by a locksmith or another person.

40Preparing or installing insulation

Work consisting of the preparation for, or installation of, insulation for acoustic or thermal control.

41Interior design

(1)Preparation of plans or specifications for building work for the interior design of a building if the work does not relate to a part of the building that is loadbearing or a structural member.

(2)Contract administration for the interior design of a building.

42Assessment of energy efficiency of buildings

Assessment of the energy efficiency of a building.

43Inspecting or testing emergency lighting systems

Work, performed by a person who holds an electrical mechanic licence, that is inspecting or testing emergency lighting systems.

45Installation of insect screens

Work consisting of installation of insect screens, other than—

(a)screens used for security; and

(b)screens used for a particular material or system designed for the prevention of termite infestation.

46Line marking

Work consisting of line marking.

47Work performed by fire safety advisers

Work performed by a fire safety adviser under the Building Fire Safety Regulation 2008.

48Pool safety inspections by pool safety inspectors

(1)Performance of a pool safety inspection function by a pool safety inspector under the Building Act 1975, other than a pool safety inspection function mentioned in section 231C(b) of that Act.

(2)In this section—

pool safety inspection function see the Building Act 1975, section 231C.

pool safety inspector see the Building Act 1975, schedule 2.

49Work for strand wire fences

(1)Construction, maintenance or repair of a strand wire fence with no concrete footing.

(2)In this section—

strand wire fence means a structure serving as an enclosure, barrier or boundary made of posts, pickets or stakes joined together by strands of wire.

50Installation of solar hot water systems

(1)Installation, repair or maintenance of a solar hot water system if—

(a)a person, who is the holder of an unrestricted electrical contractor licence (the electrical contractor), undertakes to carry out the work for a consumer; and

(b)the electrical contractor only carries out the part of the work that is electrical work under the Electrical Safety Act 2002; and

(c)that part of the work that is not electrical work under the Electrical Safety Act 2002 (the non-electrical work) is carried out by a person who—

(i)holds, under the Act, a contractor’s licence of the appropriate class for the non-electrical work; and

(ii)is engaged by the electrical contractor to carry out the non-electrical work.

(2)However, this exclusion applies only for the purpose of section 42 of the Act.

(3)In this section—

solar hot water system includes any part of a water heating system designed to heat water using light or heat from the sun.

51Installation of photovoltaic solar panels

(1)Installation, repair or maintenance of a photovoltaic solar panel if the work is carried out by a person who is the holder of an unrestricted electrical contractor licence.

(2)However, this exclusion applies only for the purpose of section 42 of the Act.

52Laying wet pour rubber

(1)Laying of wet pour rubber, including the laying of a blended mix of graded rubber particles and binder to provide a continuous surface.

(2)However, this exclusion applies only for the purpose of section 42 of the Act.

53Work for off-site manufacture of roof trusses or wall frames

Work consisting of—

(a)the design and off-site manufacture of a roof truss or wall frame; or

(b)the preparation of—

(i)plans or specifications for the off-site manufacture of a roof truss or wall frame; or

(ii)plans, specifications or instructions for the installation of a roof truss or wall frame that is manufactured off-site.

54Installation of fire collars

(1)Installation of a fire collar by a licensed electrical worker that is incidental to electrical work performed by the licensed electrical worker under the Electrical Safety Act 2002.

(2)Installation of a fire collar that is incidental to electrical work performed under the Electrical Safety Act 2002 as part of a business or undertaking conducted by a licensed electrical contractor under that Act.

(3)Installation of a fire collar by a registered cabling provider that is incidental to cabling work performed by the registered cabling provider under the Telecommunications Act 1997 (Cwlth).

(4)In this section—

licensed electrical contractor see the Electrical Safety Act 2002, schedule 2.

licensed electrical worker see the Electrical Safety Act 2002, schedule 2.

registered cabling provider see the Telecommunications Cabling Provider Rules 2014 (Cwlth), section 3.1(6).

sch 1 s 54 ins 2019 SL No. 252 s 11

section 6AA

sch 1AA hdg ins 2020 SL No. 241 s 33

1Work relating to fire protection equipment mentioned in paragraph (a) or (f) to (j) of definition in schedule 2 of the Act

(1)Work relating to equipment mentioned in schedule 2 of the Act, definition fire protection equipment, paragraph (a) or any of paragraphs (f) to (j), if the work is any of the following—

(a)work, other than work relating to emergency lighting, of a value of no more than $1,100;

(b)electrical work under the Electrical Safety Act 2002;

(c)the installation of a fire collar as mentioned in schedule 1, section 54;

(d)work performed by an unlicensed person as a subcontractor for an appropriately licensed trade contractor if the work is—

(i)the installation or maintenance of a fire collar, fire-rated penetration or fire-rated joint seal; or

(ii)the installation or maintenance of a fire and smoke wall or fire-rated ceiling;

(e)the installation, maintenance, certification or inspection, including testing, of—

(i)masonry brick or block walls; or

(ii)pre-cast or in situ tilt-up concrete panels, but not including any fire-rated grout associated with the panels;

(f)the certification, inspection or testing of a fire damper that is part of the following for a building—

(i)air-conditioning;

(ii)an air handling system;

(iii)a mechanical ventilation system;

(g)certification work performed by a building certifier under the Building Act 1975 in the certifier’s professional practice;

(h)work performed by a registered professional engineer under the Professional Engineers Act 2002 in performing a professional engineering service under that Act;

(i)work performed by a fire safety adviser, for a high occupancy building, under the Building Fire Safety Regulation 2008;

(j)preparation of a building industry professional statement, by a building industry professional, under the Building Regulation 2006, part 4A;

Note—

See the Building Regulation 2021, part 11, division 2.

(k)an inspection, investigation or report for assessment of an insurance claim;

(l)work performed by the State or an instrumentality or agency of the State, but not work performed for the State or an instrumentality or agency by an independent contractor;

(m)work performed by a local government, but not work performed for the local government by an independent contractor;

(n)work, performed by a person who holds an electrical mechanic licence, that is inspecting or testing emergency lighting systems.

(2)In this section—

appropriately licensed trade contractor means a licensed contractor who—

(a)holds a licence authorising the licensee to have a subcontractor carry out the work mentioned in subsection (1)(d)(i) or (ii) for the licensee; but

(b)is not—

(i)a licensed builder; or

(ii)licensed to carry out completed building inspections.

sch 1AA s 1 ins 2020 SL No. 241 s 33 (amd 2021 SL No. 37 s 3(1)–(3))

amd 2021 SL No. 126 s 113

2Work relating to fire protection equipment mentioned in paragraphs (b) to (e) of definition in schedule 2 of the Act

Work relating to equipment mentioned in schedule 2 of the Act, definition fire protection equipment, any of paragraphs (b) to (e), 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, if the work is—

(i)of a value of no more than $11,000; and

(ii)performed personally by the owner of the land on which the work is performed; and

(iii)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, but not work performed for the local government or the State by an independent contractor;

(g)the certification of a battery-operated smoke alarm in a building that is a class 1a or 2 building under the Building Code of Australia.

sch 1AA s 2 ins 2020 SL No. 241 s 33 (amd 2021 SL No. 37 s 3(4))

sch 1AA ins 2020 SL No. 241 s 33 (amd 2021 SL No. 37 s 3)

section 6A

1the following work that would be mechanical services work other than for being prescribed under section 6A of this regulation and this schedule—

•work carried out on a class 1a or class 10 building

•work carried out on a building located on land to which the Geothermal Energy Act 2010, Greenhouse Gas Storage Act 2009, Mineral Resources Act 1989, Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004 applies

•work carried out as part of an environmentally relevant activity prescribed under the Environmental Protection Regulation 2019, schedule 2, any of sections 5 to 14, 19, 22 to 25, 28 to 33, 36, 38 to 42, 44, 45, 55, 61, 63 or 64

•work carried out as part of a resource activity under the Environmental Protection Act 1994 including an ancillary activity under that Act that is an environmentally relevant activity prescribed under the Environmental Protection Regulation 2019, schedule 2, any of sections 6 to 14, 19, 22, 25, 28 to 33, 36, 38, 40 to 42, 44, 45, 63 or 64

2work to which schedule 1, section 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 17, 20, 34, 37, 38, 40, 42 or 47 applies

sch 1A ins 2019 SL No. 213 s 15

amd 2020 SL No. 223 s 30

sections 8 to 10 and 12 to 14

1Licence class

Air handling duct installation.

2Scope of work

(1)Install ductwork and enclosures for air conditioning, air handling and mechanical ventilation systems.

(2)Incidental work of another class.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 1 s 5 amd 2018 SL No. 218 s 31

1Licence class

Brick and segmental paving.

2Scope of work

(1)Lay segmental or unit paving, including surface preparation.

(2)Concrete work for brick and segmental paving.

(3)Incidental work of another class.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 2 s 5 amd 2018 SL No. 218 s 31

1Licence class

Bricklaying and blocklaying.

2Scope of work

(1)Brick or block construction, including surface preparation.

(2)Build straight masonry steps and stairs with or without landings.

(3)Lay segmental or unit paving.

(4)Lay glass blocks.

(5)Construct battered masonry surfaces.

(6)Install prefabricated window or door frames.

(7)Concreting to simple forms, including installation of formwork, reinforcement and concrete.

(8)Incidental work of another class.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 3 s 5 amd 2018 SL No. 218 s 31

1Licence class

Builder—low rise.

2Scope of work

(1)Building work on a class 1 or class 10 building.

(2)Building work on classes 2 to 9 buildings with a gross floor area not more than 2,000m², but not including Type A or Type B construction.

(3)Building work that consists of non-structural work on a building, regardless of—

(a)the class for the building; or

(b)the gross floor area of the building.

(4)Prepare plans and specifications that are—

(a)for the licensee’s personal use; or

(b)for use in building work to be performed by the licensee personally.

(5)However, the scope of work does not include—

(a)a completed building inspection for an interested party for the building; or

(b)personally carrying out any building work for which—

(i)a fire protection licence or mechanical services licence is required; or

(ii)an occupational licence is required unless the licensee holds the occupational licence; or

(c)for building work mentioned in subsection (3)—directly or indirectly causing the work to be carried out or providing building work services for the work if—

(i)a fire protection licence or mechanical services licence is required for the work; and

(ii)the work is—

(A)for Type A or Type B construction on classes 2 to 9 buildings; or

(B)on classes 2 to 9 buildings with a gross floor area more than 2,000m².

(6)Despite subsection (5)(b)(i) and (c)(i), the scope of work, for building work carried out until 2 May 2025, includes carrying out building work for which, other than for this subsection, a relevant fire protection licence would be required.

(7)In this section—

relevant fire protection licence means a fire protection licence of a class mentioned in—

(a)part 22A, section 1(3) or (4); or

(b)schedule 3, part 1A, section 1(3) or (4).

sch 2 pt 4 s 2 amd 2019 SL No. 213 s 16(1); 2020 SL No. 223 s 31(1)

3Technical qualifications—contractor’s and nominee supervisor’s licences

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Technical qualifications—site supervisor’s licence

The technical qualifications stated in the technical qualifications document for the licence class applied for.

5Experience requirements

The experience requirements are the following—

(a)for a person who has a technical qualification required under part 3 or 16—2 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;

(b)otherwise—4 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 4 s 6 amd 2018 SL No. 218 s 31

1Licence class

Builder—medium rise.

2Scope of work

(1)Building work on a class 1 or class 10 building.

(2)Building work to a maximum of 3 storeys, but not including Type A construction on classes 4 to 9 buildings.

(3)Building work that consists of non-structural work on a building, regardless of—

(a)the class for the building; or

(b)the gross floor area of the building.

(4)Prepare plans and specifications that are—

(a)for the licensee’s personal use; or

(b)for use in building work to be performed by the licensee personally.

(5)However, the scope of work does not include—

(a)a completed building inspection for an interested party for the building; or

(b)personally carrying out any building work for which—

(i)a fire protection licence or mechanical services licence is required; or

(ii)an occupational licence is required unless the licensee holds the occupational licence; or

(c)for building work mentioned in subsection (3)—directly or indirectly causing the work to be carried out or providing building work services for the work if—

(i)a fire protection licence or mechanical services licence is required for the work; and

(ii) the work is—

(A)for Type A construction on classes 4 to 9 buildings; or

(B)to more than 3 storeys.

(6)Despite subsection (5)(b)(i) and (c)(i), the scope of work, for building work carried out until 2 May 2025, includes carrying out building work for which, other than for this subsection, a relevant fire protection licence would be required.

(7)In this section—

relevant fire protection licence means a fire protection licence of a class mentioned in—

(a)part 22A, section 1(3) or (4); or

(b)schedule 3, part 1A, section 1(3) or (4).

sch 2 pt 5 s 2 amd 2019 SL No. 213 s 16(2); 2020 SL No. 223 s 31(1)

3Technical qualifications—contractor’s and nominee supervisor’s licences

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Technical qualifications—site supervisor’s licence

The technical qualifications stated in the technical qualifications document for the licence class applied for.

5Experience requirements

The experience requirements are the following—

(a)for a person who has a technical qualification required under part 3 or 16—2 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;

(b)otherwise—4 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 5 s 6 amd 2018 SL No. 218 s 31

1Licence classes

(1)Builder—open.

(2)Builder—project management services.

2Scope of work

(1)For the licence class mentioned in section 1(1)—

(a)building work on all classes of buildings; and

(b)prepare plans and specifications that are—

(i)for the licensee’s personal use; or

(ii)for use in building work to be performed by the licensee personally.

(2)However, the scope of work does not include—

(a)a completed building inspection for an interested party for the building; or

(b)personally carrying out any building work for which—

(i)a fire protection licence or mechanical services licence is required; or

(ii)an occupational licence is required unless the licensee holds the occupational licence.

(3)Despite subsection (2)(b)(i), the scope of work, for building work carried out until 2 May 2025, includes carrying out building work for which, other than for this subsection, a relevant fire protection licence would be required.

(4)For the licence class mentioned in section 1(2)—

(a)provide any of the following services for a consumer or a principal, for all classes of building work—

(i)administration services;

(ii)advisory services;

(iii)management services, other than coordinating the scheduling of building work by building contractors including as agent for another person; and

(b)perform the following functions of a superintendent under a building contract, if appointed as a superintendent under the contract—

(i)administer the contract for a principal for the contract;

(ii)certify timing, quality and cost matters under the contract.

(5)However, the scope of work does not include performing building work services under a construction management contract.

(6)In this section—

certify, for the definition superintendent, means to give advice or a report, including a certificate.

relevant fire protection licence means a fire protection licence of a class mentioned in—

(a)part 22A, section 1(3) or (4); or

(b)schedule 3, part 1A, section 1(3) or (4).

superintendent, under a building contract, means a person who is not a party to the contract and is appointed under the contract to perform the following—

(a)administer the contract for a principal for the contract;

(b)certify timing, quality and cost matters under the contract.

sch 2 pt 6 s 2 amd 2019 SL No. 213 s 16(3); 2020 SL No. 223 s 31(2)–(4)

3Technical qualifications—contractor’s and nominee supervisor’s licences

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Technical qualifications—site supervisor’s licence

The technical qualifications stated in the technical qualifications document for the licence class applied for.

5Experience requirements

(1)For the licence class mentioned in section 1(1), the experience requirements are the following—

(a)for a person who has a technical qualification required under part 3 or 16—2 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;

(b)otherwise—4 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.

(2)For the licence class mentioned in section 1(2), the experience requirements are 4 years experience in—

(a)the scope of work for the class; or

(b)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 6 s 6 amd 2018 SL No. 218 s 31

1Licence class

Builder restricted to kitchen, bathroom and laundry installation.

2Scope of work

(1)Install, refurbish, restore and repair a kitchen, bathroom or laundry on-site in—

(a)a class 1 or class 10 building; or

(b)classes 2 to 9 buildings if the gross floor area of the kitchen, bathroom or laundry is not more than 50m².

(2)Prepare plans and specifications that are—

(a)for the licensee’s personal use; or

(b)for use in building work to be performed by the licensee personally.

(3)However, the scope of work does not include—

(a)building work that may affect the structural performance of the building; or

(b)personally carrying out any building work for which—

(i)a fire protection licence or mechanical services licence is required; or

(ii)an occupational licence is required unless the licensee holds the occupational licence.

sch 2 pt 7 s 2 amd 2019 SL No. 213 s 16(4)

3Technical qualifications—contractor’s and nominee supervisor’s licences

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Technical qualifications—site supervisor’s licence

The technical qualifications stated in the technical qualifications document for the licence class applied for.

5Experience requirements

The experience requirements are the following—

(a)for a person who has a technical qualification required under part 3, 15, 16, 18, 34, 37, 39, 40, 43 to 46, 50, 54, 58 or 59—2 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;

(b)otherwise—4 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 7 s 6 amd 2018 SL No. 218 s 31

1Licence class

Builder restricted to shopfitting.

2Scope of work

(1)Building work associated with the internal fitout of a shop or office, including shopfronts but not including Type A or Type B construction.

(2)Prepare plans and specifications that are—

(a)for the licensee’s personal use; or

(b)for use in building work to be performed by the licensee personally.

(3)However, the scope of work does not include personally carrying out any building work for which—

(a)a fire protection licence or mechanical services licence is required; or

(b)an occupational licence is required unless the licensee holds the occupational licence.

sch 2 pt 8 s 2 amd 2019 SL No. 213 s 16(5)

3Technical qualifications—contractor’s and nominee supervisor’s licences

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Technical qualifications—site supervisor’s licence

The technical qualifications stated in the technical qualifications document for the licence class applied for.

5Experience requirements

The experience requirements are the following—

(a)for a person who has a technical qualification required under part 3, 15, 16, 18, 34, 37, 39, 40, 43 to 46, 50, 54, 58 or 59—2 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;

(b)otherwise—4 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 8 s 6 amd 2018 SL No. 218 s 31

1Licence classes

(1)Builder restricted to special structures (shade sails).

(2)Builder restricted to special structures (signs).

2Scope of work

(1)For the licence class mentioned in section 1(1)—

(a)construction, installation, maintenance or repair of membrane shade structures, including metal brackets, cables and structural members for the structures; and

(b)concreting work for footings for the structures; and

(c)prepare plans and specifications for membrane shade structures that are—

(i)for the licensee’s personal use; or

(ii)for use in building work to be performed by the licensee personally.

(2)For the licence class mentioned in section 1(2)—

(a)construction, installation, maintenance or repair of signs and supporting structures for signs; and

(b)concreting work for footings for supporting structures for signs; and

(c)prepare plans and specifications for signs and supporting structures for signs that are—

(i)for the licensee’s personal use; or

(ii)for use in building work to be performed by the licensee personally.

(3)For both licence classes mentioned in section 1, incidental work of another class.

(4)However, the scope of work for the licence classes does not include personally carrying out any building work for which—

(a)a fire protection licence or mechanical services licence is required; or

(b)an occupational licence is required unless the licensee holds the occupational licence.

sch 2 pt 9 s 2 amd 2019 SL No. 213 s 16(6)

3Technical qualifications—contractor’s and nominee supervisor’s licences

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Technical qualifications—site supervisor’s licence

The technical qualifications stated in the technical qualifications document for the licence class applied for.

5Experience requirements

The experience requirements are the following—

(a)for a person who has a technical qualification required under part 3, 15, 16, 18, 34, 37, 39, 40, 43 to 46, 50, 54, 58 or 59—2 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;

(b)otherwise—4 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 9 s 6 amd 2018 SL No. 218 s 31

1Licence class

Builder restricted to structural landscaping.

2Scope of work

(1)Prepare, fabricate and erect carports, decking, fences, gates, gazebos, ornamental structures, pergolas, ponds and water features, prefabricated sheds, including associated concrete slabs, with a floor area of not more than 10m², and retaining walls and structures.

(2)Construct artificial landform structures requiring a fabricated internal structure.

(3)Prepare site, excavate, lay paving or concrete associated with landscaping.

(4)Install irrigation for landscaping works.

(5)Install, erect and construct playground equipment.

(6)Prepare plans and specifications that are—

(a)for the licensee’s personal use; or

(b)for use in building work to be performed by the licensee personally.

(7)Construct, maintain and repair a tennis court or another sporting court, including, for example, the following—

(a)prepare or excavate the site;

(b)concrete for the construction, maintenance or repair of the court;

(c)apply materials or treatments to the surface of the court.

(8)However, the scope of work does not include personally carrying out any building work for which—

(a)a fire protection licence or mechanical services licence is required; or

(b)an occupational licence is required unless the licensee holds the occupational licence.

sch 2 pt 10 s 2 amd 2019 SL No. 54 s 4; 2019 SL No. 213 s 16(7)

3Technical qualifications—contractor’s and nominee supervisor’s licences

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Technical qualifications—site supervisor’s licence

The technical qualifications stated in the technical qualifications document for the licence class applied for.

5Experience requirements

The experience requirements are the following—

(a)for a person who has a technical qualification required under part 3, 15, 16, 18, 34, 37, 39, 40, 43 to 46, 50, 54, 58 or 59—2 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class;

(b)otherwise—4 years experience in—

(i)the scope of work for the class; or

(ii)other work the commission is satisfied is at least equivalent to experience in the scope of work for the class.

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 10 s 6 amd 2018 SL No. 218 s 31

1Licence class

Building design—low rise.

2Scope of work

(1)Prepare plans and specifications for class 1 and class 10 buildings.

(2)Prepare plans and specifications for classes 2 to 9 buildings with a gross floor area of not more that 2,000m², but not including Type A and Type B construction.

(3)Contract administration in relation to building work designed by the licensee.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Experience requirements

Two years experience, that may include experience gained during an apprenticeship or other training, in—

(a)the scope of work for the class; or

(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for the class.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 11 s 5 amd 2018 SL No. 218 s 31

1Licence class

Building design—medium rise.

2Scope of work

(1)Prepare plans and specifications for buildings to a maximum of 3 storeys above a storey used for the parking of vehicles, but not including Type A construction other than class 2, 3 or 9 buildings.

(2)Contract administration in relation to building work designed by the licensee.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Experience requirements

Two years experience, that may include experience gained during an apprenticeship or other training, in—

(a)the scope of work for the class; or

(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for the class.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 12 s 5 amd 2018 SL No. 218 s 31

1Licence class

Building design—open.

2Scope of work

(1)Prepare plans and specifications for buildings of any height or floor area.

(2)Contract administration in relation to building work designed by the licensee.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Experience requirements

Two years experience, that may include experience gained during an apprenticeship or other training, in—

(a)the scope of work for the class; or

(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for the class.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 13 s 5 amd 2018 SL No. 218 s 31

1Licence class

Completed residential building inspection.

2Scope of work

A completed building inspection, including an inspection and preparation of a report in accordance with Australian Standard 4349.1-2007 ‘Inspection of buildings-Pre-purchase inspections-Residential buildings’.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Experience requirements

Five years experience—

(a)in the scope of work for any of the following licence classes—

(i)builder—low rise;

(ii)builder—medium rise;

(iii)builder—open; or

(b)as a building surveyor, assistant building surveyor or building surveyor technician.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 14 s 5 amd 2018 SL No. 218 s 31

1Licence class

Cabinetmaking.

2Scope of work

(1)Install, refurbish, restore or repair kitchen, bathroom, laundry and other fitted cabinets and fitments on-site.

(2)Incidental work of another class.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 15 s 5 amd 2018 SL No. 218 s 31

1Licence class

Carpentry.

2Scope of work

(1)Construct and erect timber and steel wall framing and roof structures.

(2)Construct and erect non-loadbearing internal partition walls.

(3)Install windows and doors including framing.

(4)Erect ceiling and subfloor framing.

(5)Install timber and sheet flooring.

(6)Install exterior cladding, fascias and soffits.

(7)Install metal roofing.

(8)Construct timber stairs.

(9)Fix internal linings, panelling and mouldings.

(10)Install door and window locks and furniture.

(11)Restore and renovate doors, windows and frames.

(12)Install fitments.

(13)Concreting to simple forms, including install formwork, reinforcement and concrete.

(14)Erect and strip formwork, including slip form and jump form formwork.

(15)Incidental work of another class.

(16)In this section—

door includes a fire door or fire shutter.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 16 s 5 amd 2018 SL No. 218 s 31

1Licence class

Concreting.

2Scope of work

(1)Concreting including install formwork, reinforcement and concrete.

(2)Incidental work of another class.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 17 s 5 amd 2018 SL No. 218 s 31

1Licence class

Plumbing and drainage.

2Scope of work

(1)Installing, commissioning, maintaining and testing plumbing and drainage services in all classes of buildings and premises, including, but not limited to, the following—

(a)compressed air, heating, steam, vacuum or ventilation systems;

(b)irrigation;

(c)metal fascias and gutters;

(d)on-site domestic waste water management systems;

(e)roof and wall cladding;

(f)skylights;

(g)fire hydrants, with or without pumps;

(h)fire hose reels, with or without pumps.

(2)Installation of fire collars that is incidental to work mentioned in subsection (1).

(3)Prepare plans and specifications for plumbing or drainage work that are—

(a)for the licensee’s personal use; or

(b)for use in plumbing or drainage work to be performed by the licensee personally.

(4)Incidental work of another class.

(5)In this section—

plumbing or drainage work see the Plumbing and Drainage Act 2018, schedule 1.

sch 2 pt 18 s 2 amd 2019 SL No. 42 s 128 sch 11; 2019 SL No. 252 s 12(1)–(2)

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 18 s 5 amd 2018 SL No. 218 s 31

1Licence class

Drainage.

2Scope of work

(1)Installing, commissioning, maintaining and testing above and below ground waste water, stormwater and sanitary drainage systems, including on-site domestic waste water management systems.

(2)Prepare plans and specifications for drainage work that are—

(a)for the licensee’s personal use; or

(b)for use in drainage work to be performed by the licensee personally.

(3)Incidental work of another class.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 19 s 5 amd 2018 SL No. 218 s 31

sch 2 pt 20 hdg amd 2019 SL No. 42 s 128 sch 11

1Licence class

(1)Maintenance.

(2)Maintenance and installation.

2Scope of work

(1)For the licence class mentioned in section 1(1), building work within the scope of work mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, item 8, column 2, paragraph (a) for a drainer—on-site sewage facility licence.

(2)For the licence class mentioned in section 1(2), building work within the scope of work mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, item 8, column 2, paragraph (b) for a drainer—on-site sewage facility licence.

sch 2 pt 20 s 2 amd 2019 SL No. 42 s 128 sch 11

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 20 s 5 amd 2018 SL No. 218 s 31

6Definition for part

In this part—

drainer—on-site sewage facility licence means the restricted licence of that name issued under the Plumbing and Drainage Act 2018.

sch 2 pt 20 s 6 def drainer—on-site sewage facility licence ins 2019 SL No. 42 s 128 sch 11

drainer—on-site sewerage facility licence ...

sch 2 pt 20 s 6 def drainer—on-site sewerage facility licence om 2019 SL No. 42 s 128 sch 11

1Licence class

Irrigation.

2Scope of work

(1)Assess, select and install irrigation equipment for various landscaping situations, including, for example, overhead, mini-sprinkle, dripper and pop-up sprinklers, irrigation systems, filters, timers, injectors, pressure pumps and pipe installations.

(2)Installing and commissioning solar heating systems for swimming pools.

(3)Incidental work of another class.

(4)However, the scope of work does not include personally carrying out any building work for which an occupational licence is required, unless the licensee holds an occupational licence.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 21 s 5 amd 2018 SL No. 218 s 31

sch 2 pt 22A hdg ins 2020 SL No. 223 s 31(5)

1Licence classes

(1)Certify.

(2)Install and maintain—fire doors and fire shutters.

(3)Install and maintain—fire collars, fire-rated penetrations and fire-rated joint sealing.

(4)Install and maintain—fire and smoke walls and fire-rated ceilings.

(5)Inspect and test.

sch 2 pt 22A s 1 ins 2020 SL No. 223 s 31(5)

2Scope of work

(1)For the licence class mentioned in section 1(1), certify fire doors, fire shutters, fire dampers, fire collars, fire-rated penetrations, fire-rated joint sealing, fire and smoke walls and fire-rated ceilings.

(2)For the licence class mentioned in section 1(2), install and maintain fire doors and fire shutters.

(3)For the licence class mentioned in section 1(3), install and maintain fire collars, fire-rated penetrations and fire-rated joint sealing.

(4)For the licence class mentioned in section 1(4), install and maintain fire and smoke walls and fire-rated ceilings.

(5)For the licence class mentioned in section 1(5), inspect and test fire doors, fire shutters, fire dampers, fire collars, fire-rated penetrations, fire-rated joint sealing, fire and smoke walls and fire-rated ceilings.

sch 2 pt 22A s 2 ins 2020 SL No. 223 s 31(5)

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

sch 2 pt 22A s 3 ins 2020 SL No. 223 s 31(5)

4Managerial qualifications

An approved managerial qualification.

sch 2 pt 22A s 4 ins 2020 SL No. 223 s 31(5)

5Experience requirements

Two years experience, that may include experience gained during an apprenticeship or other training, in—

(a)the scope of the work for the class; or

(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for the class.

sch 2 pt 22A s 5 ins 2020 SL No. 223 s 31(5)

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 22A s 6 ins 2020 SL No. 223 s 31(5)

sch 2 pt 25 hdg sub 2020 SL No. 223 s 31(5)

1Licence classes

(1)Certify.

(2)Install and maintain.

sch 2 pt 25 s 1 sub 2020 SL No. 223 s 31(5)

2Scope of work

(1)For the licence class mentioned in section 1(1), certify relevant special hazard fire systems.

(2)For the licence class mentioned in section 1(2)—

(a)install and maintain relevant special hazard fire systems; and

(b)install fire collars, if the installation is incidental to work mentioned in paragraph (a).

(3)However, the scope of work for the licence class mentioned in section 1(1) or (2) does not include certifying, installing or maintaining electrical monitoring systems or electrical controls for a relevant special hazard fire system.

sch 2 pt 25 s 2 amd 2019 SL No. 252 s 12(3)

sub 2020 SL No. 223 s 31(5)

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

Note—

See also section 85 and schedule 7B, part 2, items 1 to 3 for additional technical qualifications required for particular licensees.

sch 2 pt 25 s 3 sub 2020 SL No. 223 s 31(5) (amd 2021 SL No. 37 s 9(1))

4Managerial qualifications

An approved managerial qualification.

sch 2 pt 25 s 4 sub 2020 SL No. 223 s 31(5)

5Experience requirements

Two years experience, that may include experience gained during an apprenticeship or other training, in—

(a)the scope of the work for the class; or

(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for the class.

sch 2 pt 25 s 5 sub 2020 SL No. 223 s 31(5)

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 25 s 6 amd 2018 SL No. 218 s 31

sub 2020 SL No. 223 s 31(5)

sch 2 pt 26 hdg sub 2020 SL No. 223 s 31(5)

1Licence classes

(1)Design.

(2)Certify.

(3)Install and maintain.

(4)Install and maintain—restricted to commercial and industrial types.

(5)Install and maintain—restricted to domestic and residential types.

sch 2 pt 26 s 1 sub 2020 SL No. 223 s 31(5)

2Scope of work

(1)For the licence class mentioned in section 1(1)—

(a)design fire hydrant systems, with or without pumps; and

(b)design fire hose reel systems, with or without pumps; and

(c)design commercial and industrial fire sprinkler systems, domestic fire sprinkler systems and residential fire sprinkler systems.

(2)However, the scope of work for the licence class mentioned in section 1(1) does not include professional engineering services under the Professional Engineers Act 2002.

(3)For the licence class mentioned in section 1(2)—

(a)certify fire sprinkler systems; and

(b)certify fire hydrant systems, with or without pumps; and

(c)certify fire hose reels, with or without pumps.

(4)For the licence class mentioned in section 1(3)—

(a)install and maintain fire sprinkler systems; and

(b)install and maintain fire hydrant systems, with or without pumps; and

(c)install and maintain fire hose reels, with or without pumps; and

(d)install fire collars, if the installation is incidental to work mentioned in paragraph (a), (b) or (c).

(5)For the licence class mentioned in section 1(4)—

(a)install and maintain commercial and industrial fire sprinkler systems; and

(b)install and maintain fire hydrant systems, with or without pumps; and

(c)install and maintain fire hose reels, with or without pumps; and

(d)install fire collars, if the installation is incidental to work mentioned in paragraph (a), (b) or (c).

(6)For the licence class mentioned in section 1(5)—

(a)install and maintain domestic fire sprinkler systems and residential fire sprinkler systems; and

(b)install and maintain fire hydrant systems, with or without pumps; and

(c)install and maintain fire hose reels, with or without pumps; and

(d)install fire collars, if the installation is incidental to work mentioned in paragraph (a), (b) or (c).

sch 2 pt 26 s 2 amd 2019 SL No. 252 s 12(4)–(5)

sub 2020 SL No. 223 s 31(5)

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

sch 2 pt 26 s 3 sub 2020 SL No. 223 s 31(5)

4Managerial qualifications

An approved managerial qualification.

sch 2 pt 26 s 4 sub 2020 SL No. 223 s 31(5)

5Experience requirements

Two years experience, that may include experience gained during an apprenticeship or other training, in—

(a)the scope of the work for the class; or

(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for the class.

sch 2 pt 26 s 5 sub 2020 SL No. 223 s 31(5)

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 26 s 6 amd 2018 SL No. 218 s 31

sub 2020 SL No. 223 s 31(5)

sch 2 pt 29 hdg sub 2020 SL No. 223 s 31(5)

1Licence classes

(1)Certify.

(2)Install and maintain.

sch 2 pt 29 s 1 sub 2020 SL No. 223 s 31(5)

2Scope of work

(1)For the licence class mentioned in section 1(1), certify portable firefighting appliances and fire hose reel systems downstream of the point of attachment of the fire hose to the drum.

(2)For the licence class mentioned in section 1(2)—

(a)install and maintain portable firefighting appliances; and

(b)maintain, but not including inspecting and testing, fire hose reel systems downstream of the point of attachment of the fire hose to the drum; and

(c)inspect and test unpumped fire hose reel systems; and

(d)inspect and test unpumped fire hydrant systems, restricted to carrying out the tasks mentioned in the 6–monthly fire hydrant service schedules under AS 1851; and

(e)inspect and test portable firefighting appliances.

sch 2 pt 29 s 2 sub 2020 SL No. 223 s 31(5)

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

sch 2 pt 29 s 3 sub 2020 SL No. 223 s 31(5)

4Managerial qualifications

An approved managerial qualification.

sch 2 pt 29 s 4 sub 2020 SL No. 223 s 31(5)

5Experience requirements

Two years experience, that may include experience gained during an apprenticeship or other training, in—

(a)the scope of the work for the class; or

(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for the class.

sch 2 pt 29 s 5 sub 2020 SL No. 223 s 31(5)

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 29 s 6 amd 2018 SL No. 218 s 31

sub 2020 SL No. 223 s 31(5)

sch 2 pt 31 hdg sub 2020 SL No. 223 s 31(5)

1Licence classes

(1)Design—fire alarm systems.

(2)Certify—fire alarm systems.

(3)Certify—emergency lighting.

(4)Install and maintain—fire alarm systems.

(5)Inspect and test—emergency lighting.

sch 2 pt 31 s 1 sub 2020 SL No. 223 s 31(5)

2Scope of work

(1)For the licence class mentioned in section 1(1), design fire alarm systems.

(2)However, the scope of work for the licence class mentioned in section 1(1) does not include professional engineering services under the Professional Engineers Act 2002.

(3)For the licence class mentioned in section 1(2), certify fire alarm systems.

(4)For the licence class mentioned in section 1(3), certify emergency lighting.

(5)For the licence class mentioned in section 1(4)—

(a)install and maintain fire alarm systems, restricted to systems that are extra-low voltage; and

(b)install fire collars, if the installation is incidental to work mentioned in paragraph (a).

(6)For the licence class mentioned in section 1(5), inspect and test emergency lighting.

sch 2 pt 31 s 2 sub 2020 SL No. 223 s 31(5)

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

Note—

For the licence classes mentioned in section 1(3) and (4), see also section 85 and schedule 7B, part 2, items 4 and 5 for additional technical qualifications required for particular licensees.

sch 2 pt 31 s 3 sub 2020 SL No. 223 s 31(5) (amd 2021 SL No. 37 s 9(2))

4Managerial qualifications

An approved managerial qualification.

sch 2 pt 31 s 4 sub 2020 SL No. 223 s 31(5)

5Experience requirements

Two years experience, that may include experience gained during an apprenticeship or other training, in—

(a)the scope of the work for the class; or

(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of work for the class.

sch 2 pt 31 s 5 sub 2020 SL No. 223 s 31(5)

6Financial requirements

The relevant minimum financial requirements.

sch 2 pt 31 s 6 amd 2018 SL No. 218 s 31

sub 2020 SL No. 223 s 31(5)

1Licence class

Fire safety professional.

2Scope of work

(1)This section applies subject to section 2A.

(2)The inspection of, or reporting on, buildings, including existing, temporary or special structures, against fire performance legislation, including, for example, the Building Act 1975, and the Building Code of Australia.

sch 2 pt 33 s 2 amd 2020 SL No. 223 s 31(6)–(7)

2ARestriction on scope of work for particular licences

(1)This section applies in relation to a licence of the class mentioned in section 1, unless—

(a)the licensee held the licence immediately before the commencement and continues to hold the licence from the commencement; or

(b)before the commencement, the licensee applied for, or for the renewal of, or requested the restoration of, the licence and the application or request is granted after the commencement.

(2)The scope of work mentioned in section 2(2) is restricted to the inspection of, or reporting on, buildings of a class for which the licensee holds an appropriate accreditation.

(3)In this section—

accreditation means an accreditation mentioned in the Building Act 1975, section 185.

appropriate accreditation, for the inspection of, or reporting on, buildings of a class, means an accreditation the licensee is required to hold to be issued with a building certifier licence allowing the licensee to perform building certifying functions for buildings of the class.

building certifier licence means a licence as a building certifier issued under the Building Act 1975, chapter 6, part 3.

sch 2 pt 33 s 2A ins 2020 SL No. 223 s 31(8) (amd 2021 SL No. 37 s 9(3))

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Experience requirements

Two years experience, that may include experience gained during an apprenticeship or other training, in—

(a)the scope of work for the class; or

(b)other work, if the commission considers experience in the other work is at least equivalent to experience in the scope of the work for the class.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 33 s 5 amd 2018 SL No. 218 s 31

1Licence class

Floor finishing and covering (hard sector).

2Scope of work

(1)Prepare, sand, and apply coatings to, timber floors.

(2)Install and repair cork flooring, including prepare, sand, and apply coating systems.

(3)Install and repair mosaic and block parquetry flooring, including prepare, sand, and apply coating systems.

(4)Install pre-finished manufactured and engineered timber flooring.

(5)Install and repair non-structural strip timber flooring, including prepare, sand, and apply coating systems.

(6)Prepare, apply and finish epoxy and seamless floor coverings.

(7)Incidental work of another class.

3Technical qualifications

The technical qualifications stated in the technical qualifications document for the licence class applied for.

4Managerial qualifications

An approved managerial qualification.

5Financial requirements

The relevant minimum financial requirements.

sch 2 pt 34 s 5 amd 2018 SL No. 218 s 31