BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 - SECT 7
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 - SECT 7
(1) Subject to this
section, this Act applies to any construction contract, whether written or
oral, or partly written and partly oral, and so applies even if the contract
is expressed to be governed by the law of a jurisdiction other than South
Australia.
(2) This Act does not
apply to—
(a) a
construction contract that forms part of a loan agreement, a contract of
guarantee or a contract of insurance under which a recognised financial
institution undertakes—
(i)
to lend money or to repay money lent; or
(ii)
to guarantee payment of money owing or repayment of money
lent; or
(iii)
to provide an indemnity with respect to construction work
carried out, or related goods and services supplied, under the construction
contract; or
(b) a
construction contract for the carrying out of domestic building work (within
the meaning of the Building Work Contractors Act 1995 ) on such part of
any premises that the party for whom the work is carried out resides in or
proposes to reside in; or
(c) a
construction contract under which it is agreed that the consideration payable
for construction work carried out under the contract, or for
related goods and services supplied under the contract, is to be calculated
otherwise than by reference to the value of the work carried out or the value
of the goods and services supplied.
(3) This Act does not
apply to a construction contract to the extent to which it contains—
(a)
provisions under which a party undertakes to carry out construction work, or
supply related goods and services, as an employee (within the meaning of the
Fair Work Act 1994 ) of the party for whom the work is to be carried out
or the related goods and services are to be supplied; or
(b)
provisions under which a party undertakes to carry out construction work, or
to supply related goods and services, as a condition of a loan agreement with
a recognised financial institution; or
(c)
provisions under which a party undertakes—
(i)
to lend money or to repay money lent; or
(ii)
to guarantee payment of money owing or repayment of money
lent; or
(iii)
to provide an indemnity with respect to construction work
carried out, or related goods and services supplied, under the construction
contract.
(4) This Act does not
apply to a construction contract to the extent to which it deals with—
(a)
construction work carried out outside this State; and
(b)
related goods and services supplied in respect of construction work carried
out outside this State.
(5) This Act does not
apply to a construction contract, or class of construction contracts,
prescribed for the purposes of this section.