(1) A person referred to in section 8 who is or who claims to be entitled to a
progress payment (the
"claimant" ) may serve a payment claim on the person who, under the
construction contract concerned, is or may be liable to make the payment.
(1A) A payment claim may be served on and from the last day of the named month
in which the construction work was first carried out (or the
related goods and services were first supplied) under the contract and on and
from the last day of each subsequent named month.
(1B) However, if the
construction contract concerned makes provision for an earlier date for the
serving of a payment claim in any particular named month, the claim may be
served on and from that date instead of on and from the last day of that
month.
(1C) In the case of a construction contract that has been terminated,
a payment claim may be served on and from the date of termination.
(a) the period
determined by or in accordance with the terms of the construction contract, or
(b) the period of 12 months after the construction work to which the claim
relates was last carried out (or the related goods and services to which the
claim relates were last supplied),
: Maximum penalty--1,000
penalty units in the case of a corporation or 200 penalty units or 3 months
imprisonment (or both) in the case of an individual.
(9) In this section--
"supporting statement" means a statement that is in the form approved by the
Secretary and (without limitation) that includes a declaration to the effect
that all subcontractors, if any, have been paid all amounts that have become
due and payable in relation to the construction work concerned.
Note : An
offence against subsection (7) or (8) committed by a corporation is an
executive liability offence attracting executive liability for a director or
other person involved in the management of the corporation--see section 34D.