Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 256

256 Prosecution of offences

(1) A prosecution in respect of an offence against this Act shall be by way of summary proceeding under the Justices Act 1886 upon complaint laid within 12 months after the commission of the offence or within 6 months after the offence comes to the knowledge of the complainant, whichever period is the later to expire.

(2) The person who may, for an offence against this Act, make a complaint is—

(a) for an offence against section 108A , 114A or 231AM —an authorised officer; or

(b) for an offence against chapter 6 —the QBCC commissioner; or

(c) for an offence against chapter 7A , other than section 231AM —

(i) the chief executive; or

(ii) an authorised person under the City of Brisbane Act 2010 or the Local Government Act 2009 carrying out functions relating to this Act; or

(d) for an offence against section 245G (1) —the QBCC commissioner, a local government or the chief executive (health); or

(e) for an offence against section 245K , 245L or 246AR (2) —the QBCC commissioner or a local government; or

(f) for an offence against section 246AD (2) or 246AJ (4) —the QBCC commissioner or a local government; or

(g) for an offence against section 246AP (2) —the QBCC commissioner or a local government; or

(h) for an offence against chapter 8 , part 4 , division 5 , subdivision 2 , other than section 246ATH (2) —the QBCC commissioner, a local government or a person authorised by a local government; or

(i) for an offence against chapter 8 , part 5 —the QBCC commissioner, a local government or a person authorised by a local government; or

(j) for an offence against chapter 8 , part 6 , 7 or 8 —the QBCC commissioner; or

(k) for an offence against a provision of the expired Building Regulation 2006 , part 4A —the QBCC commissioner, a local government or a person authorised by a local government; or

Note—

The expired Building Regulation 2006 , part 4A continues in force, see the Building Regulation 2021 , section 95 .

(l) for another offence—a local government or a person authorised by a local government.

(3) It shall not be necessary to prove the authority of the complainant in any proceeding in respect of an offence against this Act.

(4) Despite subsection (2) , the QBCC commissioner is the only person who may lay a complaint for an offence against—

(a) chapter 6 ; or

(b) a provision of a regulation that is—

(i) made for chapter 6 ; and

(ii) declared under a regulation to be a provision to which this subsection applies.

(5) All penalties recovered as a result of proceedings mentioned in subsection (4) must be paid to QBCC.

(6) All penalties recovered under chapter 8 as a result of proceedings for which the QBCC commissioner is the complainant must be paid to the commissioner.

(7) All penalties recovered as a result of an infringement notice served under the State Penalties Enforcement Act 1999 for an offence against this Act and for which QBCC is the administering authority for the infringement notice must be paid to the QBCC commissioner.

(8) In this section—

"administering authority" , for an infringement notice, see the State Penalties Enforcement Act 1999 , schedule 2 .