BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
- 6 Object of Act
PART 2--IMPORTANT CONCEPTS
Division 2.1--Meaning of terms
Division 2.2--Application of Act
PART 3--RIGHT TO PROGRESS PAYMENTS
PART 4--PROCEDURE FOR RECOVERING PROGRESS PAYMENT
Division 4.1--Payment claim and payment schedule
- 15 Payment claim
- 16 Payment schedule
- 17 Consequences of not paying claimant—no payment schedule
- 18 Consequences of not paying claimant in accordance with payment schedule
Division 4.2--Adjudication of disputes
- 19 Adjudication applications
- 20 Eligibility—adjudicators
- 21 Adjudicator for application
- 22 Adjudication responses
- 23 Adjudication procedures
- 24 Adjudicator's decision
- 25 Respondent must pay adjudicated amount
- 26 Failure to pay adjudicated amount
- 27 Filing of adjudication certificate as judgment debt
- 28 Claimant may make new application in certain circumstances
Division 4.3--Claimant's right to suspend construction work
- 29 Claimant may suspend work
Division 4.4--Authorised nominating authorities and adjudicators
- 30 Maximum number of nominating authorities
- 31 Application for nominating authority
- 32 Nominating authority—suitability
- 33 Term of authorisation
- 33A Suspension, cancellation or withdrawal of authorisation
- 34 Costs and expenses—authorised nominating authority
- 35 Report—authorised nominating authority
- 36 Costs and expenses—adjudicator
- 37 Protection from liability—adjudicators and authorised nominating authorities
- 37A Approval of codes of practice
- 37B Breach of code of practice
Division 4.5--General
- 38 Effect of part on civil proceedings
PART 5--NOTIFICATION AND REVIEW OF DECISIONS
- 39 Meaning of reviewable decision—pt 5
- 40 Reviewable decision notices
- 41 Applications for review
PART 6--MISCELLANEOUS
- 42 No contracting out
- 43 Judicial review of adjudication decision
- 44 Determination of question of law by Supreme Court
- 46 Determination of fees
- 48 Regulation-making power