BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 2 Commencement
• 3 Object of Act
• 4 Interpretation
• 5 Definition of construction work
• 6 Definition of related goods and services
• 7 Application of Act

PART 2--Rights to progress payments

• 8 Rights to progress payments
• 9 Amount of progress payment
• 10 Valuation of construction work and related goods and services
• 11 Due date for payment
• 12 Effect of "pay when paid" provisions

PART 3--Procedure for recovering progress payments

Division 1--Payment claims and payment schedules

• 13 Payment claims
• 14 Payment schedules
• 15 Consequences of not paying claimant where no payment schedule
• 16 Consequences of not paying claimant in accordance with payment schedule

Division 2--Adjudication of disputes

• 17 Adjudication applications
• 18 Eligibility criteria for adjudicators
• 19 Appointment of adjudicator
• 20 Adjudication responses
• 21 Adjudication procedures
• 22 Adjudicator's determination
• 23 Respondent required to pay adjudicated amount
• 24 Consequences of not paying claimant adjudicated amount
• 25 Filing of adjudication certificate or costs certificate as judgment debt
• 26 Claimant may make new application in certain circumstances
• 27 Claimant may discontinue adjudication

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

• 28 Claimant may suspend work

Division 4--General

• 29 Nominating authorities
• 30 Adjudicator's fees
• 31 Protection from liability for adjudicators and authorised nominating authorities
• 32 Effect of Part on civil proceedings

PART 4--Miscellaneous

• 33 No contracting out
• 34 Service of notices
• 35 Regulations
• 36 Review of Act
• SCHEDULE 1--Related amendments and transitional provision
Legislative history