BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009
- Act 86 of 2009 - Royal Assent 17 December 2009Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 3 Object
- 4 Interpretation
- 4A Interpretation of business day
- 5 Meaning of "building work or construction work"
- 6 Meaning of "building or construction-related goods and services"
PART 2 - Application and Effect of Act in Relation to other Acts,
Contracts, &c.- 7 Application of Act
- 8 Act binds Crown
- 9 Act does not limit other entitlements or remedies
- 10 Effect on civil proceedings
- 11 Parties cannot contract out of Act
PART 3 - Rights to Progress Payments
- 12 Rights to progress payments
- 13 How value of building work or construction work, &c., to be determined
- 14 Liens over unpaid amounts
- 15 Due date for payment
- 16 "Pay-when-paid" provisions of no effect
PART 4 - Payment Claims and Payment Schedules
- 17 Claims for payment may be made
- 18 Schedules for payment may be provided to claimant
- 19 Consequences of failing to provide payment schedule within relevant period
- 20 Consequences of not paying claimant in accordance with payment schedule
PART 5 - Adjudication of Disputes
- 21 Applications for adjudication
- 22 Appointment of adjudicator
- 23 Response by respondent to adjudication application
- 24 Adjudication proceedings
- 25 Determination of adjudication application
- 26 Respondent must pay amount determined by adjudicator
- 27 Adjudication certificate may be filed as judgment for debt
- 28 When claimant may make new adjudication application
PART 6 - Claimant's Right to Suspend Building Work or Construction
Work or Supply- 29 Claimant may suspend work or supply
PART 7 - Administration Division 1 - Security of Payments Official
- 30 Security of Payments Official
Division 2 - Nominating authorities
- 31 Nominating authorities
- 32 Nominating authorities may charge fees
- 33 Nominating authorities to provide information
- 34 Nominating authority to advise Security of Payments Official if certain legal processes begin
Division 3 - Adjudicators
- 35 Disqualification of adjudicator for interest
- 36 Request and review in relation to disqualification of adjudicator
- 37 Adjudicator's fees
- 38 Information in relation to determinations of adjudication applications
Division 4 - Protection from liability
- 39 Protection from liability
PART 8 - Miscellaneous
- 40 Service of notices
- 41 Regulations
- 42 Status of notices
- 43 Administration of Act
- 44 Transitional matters
PART 9 - Consequential amendments and repeal
- 45 Section 45
- 46 Legislation repealed SCHEDULE 1 SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]