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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009

- Act 86 of 2009 - Royal Assent 17 December 2009

Table of Provisions

Long Title

PART 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. ]

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