NEW BIFOLA COMMENCEMENT DATES

The Government has updated some dates for certain provisions of the Building Industry Fairness and Other Legislation Act 2020 (BIFOLA).

The following amendments will commence on the dates listed below:

1 October 2020

  • Amendments of the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) relating to progress payments, including the payment withholding request and charge over property provisions, new offence for failure to pay the scheduled amount and requirements for a head contractor to provide a supporting statement about subcontractor payments with any payment claim given to the principal
  • Amendments of the Building Act 1975 to strengthen the certification profession. However, it is intended the provisions that establish an alternative licensing pathway for building certifiers will commence at a later date
  • Amendments of the Queensland Building and Construction Commission Act 1991 (QBCC Act), including licensing amendments, a new provision requiring a statutory review of the role of property developers in the building and construction industry and amendments implementing Special Joint Taskforce recommendations.

1 March 2021

  • Amendments of the Architects Act 2002 and Professional Engineers Act 2002 to enhance the boards’ investigatory and enforcement powers
  • Phase 1B of the new trust account framework, which replaces the present project bank account (PBA) framework under the BIF Act. This will apply to the existing PBA cohort, being eligible state government building contracts valued between $1 million and $10 million.

    1 March 2021

  • Amendments of the Architects Act 2002 and Professional Engineers Act 2002 to enhance the boards’ investigatory and enforcement powers
  • Phase 1B of the new trust account framework, which replaces the present project bank account (PBA) framework under the BIF Act. This will apply to the existing PBA cohort, being eligible state government building contracts valued between $1 million and $10 million.

Amendments commencing 1 May 2021

  • Amendments of the QBCC Act relating to key fire protection definitions. The amendments support the new fire protection licensing work framework endorsed by the MCC in late 2019, which is also proposed to commence on 1 May 2021. 

The Property Council has previously raised concerns with many elements of the BIFOLA Act, particularly the Security of Payment reforms. We have been a vocal opponent of the need for a statutory review on the role of property developers in the building and construction process, however will continue to engage with Government on the undertaking of this review.