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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67E
Operation of pt 4A
67E Operation of pt 4A
(1) Subject to any provision of this part that expressly provides that a
building contract, or a provision of a building contract, is void, this part
does not have effect to make void or voidable a building contract, or a
provision of a building contract, even if— (a) in entering into the building
contract, or the building contract containing the provision, a party to the
building contract commits an offence against this part; or
(b) the building
contract or the provision of the building contract is inconsistent with a
condition to which the building contract is subject under this part.
(2)
However, if a building contract, or a provision of a building contract, is
inconsistent with a provision (the
"Act provision" ) of this part applying to the building contract, the building
contract, or the provision of the building contract, has effect only to the
extent it is not inconsistent with the Act provision.
(3) Without limiting
subsection (2) , a building contract is unenforceable against the contracted
party for the contract to the extent that the contract provides for retention
amounts or security in a way that is inconsistent with a condition to which
the contract is subject under division 2 .
(4) This part— (a) has effect in
relation to a building contract despite anything in the building contract; and
(b) applies to a building contract even if— (i) the contract was entered
into outside Queensland; or
(ii) the parties to the contract have agreed that
the law of Queensland does not apply to the contract or to a provision of the
contract.
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