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ARTICLE · 27 JUNE 2022

QBCC head contractor licensing exemption confirmed as remaining in force

McCullough Robertson
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Licensed subcontractors are able to carry out elements of building work for which the head contractor may be unlicensed.

AustraliaReal Estate and Construction
Brittany Parker
Brittany Parker
Alex Power
Alex Power
James Arklay
James Arklay
Matt Bradbury
Matt Bradbury
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Overview

The head contractor licensing exemption under section 8, Schedule 1A of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) has officially been confirmed as remaining in force, with the Building and Other Legislation Amendment Act 2022 (Qld) (the Amendment Act) receiving assent on 10 June 2022.

McCullough Robertson's Insight article dated 30 March 2022 previously discussed that the foreshadowed abolition of the head contractor exemption would not be proceeding, and that a Bill had been introduced to Parliament on 29 March 2022 proposing to preserve the head contractor exemption. Section 8, Schedule 1A of the QBCC Act has also been amended via the Amendment Act to provide that the head contractor exemption will 'not apply in circumstances prescribed by regulation'. While no regulation dealing with this issue has been introduced yet, this provision provides Parliament with the ability to prescribe circumstances in which the head

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