Applied Law Essay
Applied Law Essay
Queensland Services Building Authority Act UDB102
Assessment 2 Essay| Due Date: 27/9/13 | Word Count- Part A: 910 Part B: 1307
Introduction:
In order to establish the true meaning of Section 42-Unlawful Carrying Out of Building Work of the Queensland Building Services Authority Act (QBSAA) 1991 (Qld), the objective of the entirety of the act must be considered. Section 3 of the Act states that the objects of the Act are to regulate the building industry, provide remedies for defective building work and provide support, education and advice for those who undertake building work and consumers. Section 42 is intended to be read to comply with the objectives of the Act. Section 42-Unlawful Carrying Out of Building Work is written under Part 3 titled Licensing and Division 7 Requirement to be Licensed. Under Section 35C(1) of the Acts Interpretation Act (AIA) 1954 (Qld), the heading of a chapter, division and section forms part of the provision to which it is heading. From these headings a basis how section 42 should be interpreted is presented. Section 42- Unlawful Carrying out of Building Work has 5 subsections.
Subsection (1):
A person must not carry out, or undertake to carry out, building work unless that person holds a contractor's licence of the appropriate class under this Act.
This subsection outlines that it is illegal to carry out building work without a license. There are various words in this subsection that must be defined or established before the determining the meaning of this law. Firstly, ‘person’, section 32D of the (AIA) states ‘person’ includes corporations as well as an individual. Section 32A of the (AIA) establishes definitions are to be read in context. Section 4 of the (QBSAA) is headed definitions, however under this section Schedule 2 deals with definitions under the Act. Schedule 2 offers an exhaustive list of what constitutes building work.
Building work means--
(a) the erection or
Queensland Services Building Authority Act UDB102
Assessment 2 Essay| Due Date: 27/9/13 | Word Count- Part A: 910 Part B: 1307
Introduction:
In order to establish the true meaning of Section 42-Unlawful Carrying Out of Building Work of the Queensland Building Services Authority Act (QBSAA) 1991 (Qld), the objective of the entirety of the act must be considered. Section 3 of the Act states that the objects of the Act are to regulate the building industry, provide remedies for defective building work and provide support, education and advice for those who undertake building work and consumers. Section 42 is intended to be read to comply with the objectives of the Act. Section 42-Unlawful Carrying Out of Building Work is written under Part 3 titled Licensing and Division 7 Requirement to be Licensed. Under Section 35C(1) of the Acts Interpretation Act (AIA) 1954 (Qld), the heading of a chapter, division and section forms part of the provision to which it is heading. From these headings a basis how section 42 should be interpreted is presented. Section 42- Unlawful Carrying out of Building Work has 5 subsections.
Subsection (1):
A person must not carry out, or undertake to carry out, building work unless that person holds a contractor's licence of the appropriate class under this Act.
This subsection outlines that it is illegal to carry out building work without a license. There are various words in this subsection that must be defined or established before the determining the meaning of this law. Firstly, ‘person’, section 32D of the (AIA) states ‘person’ includes corporations as well as an individual. Section 32A of the (AIA) establishes definitions are to be read in context. Section 4 of the (QBSAA) is headed definitions, however under this section Schedule 2 deals with definitions under the Act. Schedule 2 offers an exhaustive list of what constitutes building work.
Building work means--
(a) the erection or