Queensland Consolidated Regulations
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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) REGULATION 2018
- Made under the Building Industry Fairness (Security of Payment) Act 2017
- As at 1 July 2023
- Reg 16 of 2018
TABLE OF PROVISIONS
PART 1 - INTRODUCTION
1. Short title
2. Commencement
3. Definitions
PART 2 - TRUSTS
Division 1 - General
4. Work included as project trust work—Act, s 8A
5. Work that is not project trust work—Act, s 8A
Division 2 - Project trusts
6. Meaning of residence
7. Residential construction work—Act, s 15C
8. Information for notice about opening, closing, transferring or changing the name of project trust account—Act, s 18B
9. Information for notice about change of financial institution—Act, s 18C
10. Information for notice of project trust—Act, s 23
10A. Information for notice about particular withdrawals from project trust account—Act, s 23A
Division 3 - Retention trust account
10B. Information for notice about opening, closing, transferring or changing the name of retention trust account—Act, s 34B
10C. Information for notice about change of financial institution—Act, s 34C
10D. Information for notice of retention trust—Act, s 40
10E. Information for notice about deposits to or withdrawals from retention trust account—Act, s 40A
10EA. Retention trust training—Act, s 41
Division 4 - Trust records
10F. Trust records—Act, s 52
10G. Monthly bank reconciliation—Act, s 52A
Division 5 - Oversight powers
10H. Information for direction to trustee—Act, s 53B
Division 6 - Financial institutions
10I. Agreements between commission and financial institutions—Act, s 55
10J. Information for direction to financial institution—Act, s 55C
Division 7 - Auditing and reporting
10K. Review of trust account—Act, s 57
10L. Account review report—Act, s 57A
PART 3 - REGISTRAR’S POLICIES AND CODE OF CONDUCT FOR ADJUDICATORS
11. Approval of registrar’s policies—Act, s 155
12. Approval of code of conduct—Act, s 181
PART 4 - ADJUDICATION APPLICATIONS
13. Conflicts of interest—Act, s 80
14. Maximum fees and expenses for particular adjudication applications—Act, s 95
15. Time for lodgement—Act, s 201
16. Procedures for processing adjudication applications—Act, s 201
17. Limitations on submissions and accompanying documents for particular adjudication applications—Act, s 201
PART 5 - ADJUDICATORS
Division 1 - Adjudication qualification
18. Adjudication qualification—Act, s 201
Division 2 - Grading
19. Application of division—Act, s 201
20. Eligibility to be grade 2 adjudicator
21. Grade of adjudicator on initial registration
22. Review of grade 1 adjudicators
23. Adjudicator may decline proposed grading
24. Grading
25. Change of grade by agreement
Division 3 - Continuing professional development
Subdivision 1 - Preliminary
26. Application of division—Act, ss 165 and 201
Subdivision 2 - CPD requirements
27. Requirement to accumulate CPD points
28. CPD activities and CPD points
29. CPD points accumulated in last quarter of CPD year
30. Registration of adjudicator during CPD year
Subdivision 3 - Exemptions and extensions relating to CPD points
31. Grounds for application
32. Making application
33. Requirement for further information
34. Decision on application
35. Registrar may grant exemption on condition
36. Notice of decision
Subdivision 4 - Records
37. Record of CPD activities
PART 6 - MISCELLANEOUS
38. Review of Act—Act, s 200A
39. Fees
PART 7 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provisions for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Regulation 2018
40. Definition for division
41. Existing prescribed payments for deposits to project bank accounts for Act, s 28
42. Existing prescribed payments for withdrawals from project bank accounts for Act, s 31
43. Existing prescribed dispute resolution process for Act, s 34B
44. Grading of existing adjudicators
45. Mandatory training for existing adjudicators—Act, s 165
46. Accumulation of CPD points for mandatory training under s 45
Division 2 - Transitional provision for Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2019
47. Application fees for particular adjudication applications
Division 3 - Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Regulation 2020
48. Transitioning to new scheme—Act, s 211C
SCHEDULE 1AA
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
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