Queensland Consolidated Acts

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BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT 2004 - SECT 32

32 Claimant may make new application in certain circumstances

(1) This section applies if--

(a) a claimant does not receive an adjudicator's notice of acceptance of an adjudication application within 4 business days after the application is made; or
(b) an adjudicator who accepts an adjudication application does not decide the application within the time allowed by section 25(3).

(2) In either of those circumstances, the claimant--

(a) may withdraw the application, by notice served on the adjudicator or authorised nominating authority to whom the application was made; and
(b) may make a new adjudication application under section 21.

(3) Despite section 21(3)(c), a new adjudication application may be made at any time within 5 business days after the claimant becomes entitled to withdraw the previous adjudication application under subsection (2).

(4) This division applies to a new application mentioned in this section in the same way as it applies to an application under section 21.



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