Queensland Consolidated Acts

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BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT 2004 


TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Application and operation of Act

   3.      Application of Act
   4.      Effect of giving notice of claim of charge under Subcontractors' Charges Act 1974
   5.      Act does not limit claimant's other rights
   6.      Act binds all persons

           Division 3--Object of Act

   7.      Object of Act
   8.      How object is to be achieved

           Division 4--Interpretation

   9.      Definitions
   10.     Meaning of construction work
   11.     Meaning of related goods and services

           Part 2--Rights to progress payments

   12.     Rights to progress payments
   13.     Amount of progress payment
   14.     Valuation of construction work and related goods and services
   15.     Due date for payment
   16.     Effect of pay when paid provisions

           Part 3--Procedure for recovering progress payments

           Division 1--Payment claims and payment schedules

   17.     Payment claims
   18.     Payment schedules
   19.     Consequences of not paying claimant if no payment schedule
   20.     Consequences of not paying claimant under payment schedule

           Division 2--Adjudication of disputes

   21.     Adjudication application
   22.     When person may be an adjudicator
   23.     Appointment of adjudicator
   24.     Adjudication responses
   25.     Adjudication procedures
   26.     Adjudicator's decision
   27.     Valuation of work etc. in later adjudication application
   28.     Adjudicator may correct clerical mistakes etc.
   29.     Respondent required to pay adjudicated amount
   30.     Consequences of not paying claimant adjudicated amount
   31.     Filing of adjudication certificate as judgement debt
   32.     Claimant may make new application in certain circumstances

           Division 3--Claimant's right to suspend construction work

   33.     Claimant may suspend work

           Division 4--General

   34.     Authorised nominating authority's fees
   35.     Adjudicator's fees

           Part 4--Administration

           Division 1--Establishing registry and related matters

   36.     Registry established
   37.     Appointment of registrar and staff of registry
   38.     Registrar's functions and powers
   39.     Delegation by registrar
   40.     Acting registrar
   41.     Annual report on operation of Act and registry

           Division 2--Registration of authorised nominating authorities

   42.     Application for registration
   43.     What the application must state
   44.     Consideration of application for registration
   45.     Criteria for granting application for registration
   46.     Suitability of person to be registered
   47.     Inquiries into application for registration
   48.     Decision on application for registration
   49.     Failure to decide application for registration
   50.     Term of registration
   51.     Conditions of registration
   52.     Registration required to perform functions of authorised nominating authority
   53.     Authorised nominating authority must ensure adjudicators are registered
   54.     Authorised nominating authority must comply with registration conditions
   55.     Form of certificate of registration

           Division 3--Registration of adjudicators

   56.     Application for registration
   57.     What the application must state
   58.     Consideration of application for registration
   59.     Criteria for granting application for registration
   60.     Suitability of person to be registered
   61.     Inquiries into application for registration
   62.     Decision on application for registration
   63.     Failure to decide application for registration
   64.     Term of registration
   65.     Conditions of registration
   66.     Registration required to perform functions of adjudicator
   67.     Adjudicator must comply with registration conditions
   68.     Form of certificate of registration

           Division 4--Renewals of registrations of authorised nominating authorities and adjudicators

   69.     Definitions for div 4
   70.     Applications for renewal of registration
   71.     Inquiries into application for renewal of registration
   72.     Registration taken to be in force while application for renewal is considered

           Division 5--Amendment of registrations of authorised nominating authorities and adjudicators

   73.     Definitions for div 5
   74.     Application for amendment of registration
   75.     Inquiries into application for amendment

           Division 6--Suspension or cancellation of registrations of authorised nominating authorities and adjudicators

   76.     Definitions for div 6
   77.     Grounds for suspension or cancellation
   78.     Show cause notice
   79.     Representations about show cause notices
   80.     Ending show cause process without further action
   81.     Suspension or cancellation
   82.     Immediate suspension of registration
   83.     Return of cancelled or suspended registration to registrar
   84.     Effect of suspension or cancellation of registration of authorised nominating authority or adjudicator
   85.     Issue of adjudication certificate by registrar

           Division 7--Other provisions about registrations of authorised nominating authorities and adjudicators

   86.     Definitions for div 7
   87.     Surrender of registration
   88.     Application for replacement of certificate of registration
   89.     Decision about application for replacement of certificate of registration
   90.     False or misleading statements
   91.     False or misleading documents

           Part 5--Review of decisions

           Division 1--Internal review of decisions

   92.     Review process starts with internal review
   93.     Application for review to be made to the registrar
   94.     Applying for review
   95.     Review decision
   96.     Stay of operation of decision

           Division 2--Review by tribunal

   97.     Who may apply to tribunal for a review
   98.     Stay of operation of decision

           Part 6--Miscellaneous

   99.     No contracting out
   100.    Effect of pt 3 on civil proceedings
   101.    Adjudicator must give copy of decision to authorised nominating authority
   102.    Authorised nominating authority must give information to registrar
   103.    Service of notices
   104.    Proof of signature unnecessary
   105.    Evidentiary aids
   106.    Protection from liability
   107.    Protection from liability for adjudicators and authorised nominating authorities
   108.    Summary offences
   109.    Allegations of false or misleading information or document
   110.    Approved forms
   111.    Regulation-making power

           Part 7--Transitional

   112.    Transitional provision for adjudication qualification
           SCHEDULE 2 -- DICTIONARY
           Endnotes

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