Building & Construction News Alert: Queensland Building and Construction Commission Amendment Act 2014 - Proclaimed
Further to our Building and Construction News Alert of 2 September 2014 - Further Legislative Changes to the Building and Construction Industry in Queensland, important provisions of the Queensland Building and Construction Commission Amendment Act have now been proclaimed into law after having been passed in October last year.
As to the details of the changes that have now been proclaimed in to law you should refer to both the above article and our update on 16 October 2014 - Queensland Building and Construction Commission Amendment Act 2014 passed parliament on 16 October 2014.
In addition to the important changes to the domestic building regime and the incorporation of domestic building regulation within the Queensland Building and Construction Commission Act, there are important amendments that have now been proclaimed with respect to permitted individual applications and excluded individuals and companies. Effectively a permitted individual application will no longer be available for builders who are a director, secretary or ‘influential person’ with respect to an insolvency event of a construction company. While this may no doubt affect a number of builders and cause some injustice in the industry they are balanced by the provisions whereby:
- A first exclusion will be for three years rather than the previous five; and
- Insolvency events involving non-construction companies will no longer be taken into account.
From a builders perspective the domestic arrangements have considerably changed in respect of variations, in that there is no provision excluding recovery if there is non-compliance with the variation regime.
If you have any queries regarding this News Alert or require building and construction legal advice please do not hesitate to contact Tony Mylne, Partner, Brisbane Construction Team.
Tony Mylne, Partner