Queensland Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]

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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback