Queensland Consolidated Acts

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Building and Construction Industry Payments Act 2004


           Long Title


           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
   17A.    Time requirements for payment claims
   18.     Payment schedules
   18A.    Time requirements for payment schedules
   19.     Consequences of not paying claimant if no payment schedule
   20.     Consequences of not paying claimant under payment schedule
   20A.    Notice required before starting particular proceedings

           Division 2--Adjudication of disputes

   21.     Adjudication application
   22.     When person may be an adjudicator
   23.     Appointment of adjudicator
   24.     Adjudication responses
   24A.    Time requirements for adjudication response
   24B.    Reply to new reasons for withholding payment
   25.     Adjudication procedures
   25A.    Time requirements for adjudication proceedings
   25B.    Extension of time requirements by adjudicator
   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 judgment 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

   35.     Adjudicator's fees
   35A.    Matters to be considered in deciding fees
   35B.    Withdrawing from adjudication

           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
   41.     Annual report on operation of Act and registry

           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 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 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 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 adjudicator

           Division 7--Other provisions about registrations of 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--External review of decisions

   97.     Who may apply to tribunal for an external review

           Part 6--Miscellaneous

   99.     No contracting out
   100.    Effect of pt 3 on civil proceedings
   101.    Queensland Building and Construction Board's policy
   102.    Adjudicator 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
   108.    Summary offences
   109.    Allegations of false or misleading information or document
   110.    Approved forms
   111.    Regulation-making power

           Part 7--Transitional provisions

           Division 1--Transitional provision for Act No. 6 of 2004

   112.    Transitional provision for adjudication qualification

           Division 2--Transitional provisions for Building and Construction Industry Payments Amendment Act 2014

   113.    Definitions for div 2
   114.    Registration of authorised nominating authorities
   115.    Adjudication applications made to authorised nominating authorities for referral to adjudicators
   116.    Outstanding matters for existing payment claims to be dealt with under transitional version of the Act
   118.    Previously expired payment claims not revived by new section 17A

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