Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 343

343 Effect on legal relationships

(1) Nothing done under the amendments to this Act under the amending Act (the
"Act amendments" )—

(a) makes a relevant entity in breach of an instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or

(b) except as provided for under the Act amendments, is taken to fulfil a condition that—

(i) terminates, or allows a person to terminate, an instrument or obligation; or

(ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or

(iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or

(iv) requires any money to be paid before its stated maturity.

(2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under the Act amendments, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.

(3) If, apart from this Act, giving notice to a person would be necessary to do something under the Act amendments, the notice is taken to have been given.

(4) In this section—

"relevant entity" means—

(a) the State or an employee or agent of the State; or

(b) QBCC, or a member or relevant officer of QBCC.