BUILDING WORK CONTRACTORS ACT 1995 - SECT 30
BUILDING WORK CONTRACTORS ACT 1995 - SECT 30
30—Payments under or in relation to domestic building work contracts
(1) A person must not
demand or require that a payment be made under a
domestic building work contract or preliminary work contract by the person for
whom work is to be performed under the contract unless—
(a) the
payment constitutes a genuine progress payment in respect of work already
performed; or
(ab) the
person is entitled to the payment under the
Building and Construction Industry Security of Payment Act 2009 ; or
(b) the
payment is of a kind authorised under the regulations.
Maximum penalty: $5 000.
(2) If it is proved,
in proceedings for an offence against subsection (1), that the defendant
received a payment other than a payment referred to in paragraph (a),
(ab) or (b), it is to be presumed, in the absence of proof to the
contrary, that the defendant demanded or required the payment.
(3) The building owner
under a domestic building work contract is not obliged to make a progress
payment in respect of building work performed under the contract unless—
(a) the
building work contractor has requested the payment by notice in writing given
to the building owner or an agent authorised to act on behalf of the
building owner; or
(b) the
domestic building work contract is a contract to which the
Building and Construction Industry Security of Payment Act 2009 applies
(in which case the provisions of that Act relating to progress payments
apply).
(4) In this
section—
"preliminary work contract" means a contract—
(a) that
is collateral to or otherwise related to an existing or contemplated
domestic building work contract; and
(b) that
provides for the performance of work that is preliminary or ancillary to the
domestic building work that is or would be required to be performed under such
contract.