New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 28

28 Nominating authorities

(1) Subject to the regulations, the Minister:

(a) may, on application made by any person, authorise the applicant to nominate adjudicators for the purposes of this Act, and

(b) may withdraw any authority so given.

(1A) The Minister may:

(a) limit the number of persons who may, for the time being, be authorised under this section, and

(b) refuse an application under subsection (1) if authorising the applicant would result in any such number being exceeded.

(2) A person:

(a) whose application for authority to nominate adjudicators for the purposes of this Act is refused (otherwise than on the ground referred to in subsection (1A) (b)), or

(b) whose authority to nominate adjudicators is withdrawn,

may apply to the Administrative Decisions Tribunal for a review of the Minister’s decision to take that action.

(3) An authorised nominating authority may charge a fee for any service provided by the authority in connection with an adjudication application made to the authority. The amount that may be charged for any such service must not exceed the amount (if any) determined by the Minister.

(4) The claimant and respondent are:

(a) jointly and severally liable to pay any such fee, and

(b) each liable to contribute to the payment of any such fee in equal proportions or in such proportions as the adjudicator to whom the adjudication application is referred may determine.

(5) An authorised nominating authority must provide the Minister with such information as may be requested by the Minister in relation to the activities of the authority under this Act (including information as to the fees charged by the authority under this Act).