Northern Territory Consolidated Acts

CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) ACT - SECT 33

(1) An appointed adjudicator must, within the prescribed time or any extension of it under section 34(3)(a) -

(a) dismiss the application without making a determination of its merits if -

(i) the contract concerned is not a construction contract;

(ii) the application has not been prepared and served in accordance with section 28;

(iii) an arbitrator or other person or a court or other body dealing with a matter arising under a construction contract makes an order, judgment or other finding about the dispute that is the subject of the application; or

(iv) satisfied it is not possible to fairly make a determination -

(A) because of the complexity of the matter; or

(B) because the prescribed time or any extension of it is not sufficient for another reason; or

(b) otherwise - determine on the balance of probabilities whether any party to the payment dispute is liable to make a payment or to return any security and, if so, determine -

(i) the amount to be paid, or security to be returned, and any interest payable on it under section 35; and

(ii) the date on or before which the amount must be paid or the security must be returned.

(2) If the application is not dismissed or determined under subsection (1) within the prescribed time, or any extension of it under section 34(3)(a), the application is taken to be dismissed when the time ends.

(3) In this section -

prescribed time means -

(a) if the appointed adjudicator is served with a response under section 29(1) - 10 working days after the date of the service of the response; or

(b) otherwise - 10 working days after the last date on which a response is required to be served under section 29(1).