BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002
Table of Provisions
PART 1--PRELIMINARY
PART 2--RIGHTS TO PROGRESS PAYMENTS
PART 3--PROCEDURE FOR RECOVERING PROGRESS PAYMENTS
Division 1--Payment claims and payment schedules
- 14 Payment claims
- 15 Payment schedules
- 16 Consequences of not paying claimant where no payment schedule
- 17 Consequences of not paying claimant in accordance with payment schedule
Division 2--Adjudication of disputes
- 18 Adjudication applications
- 19 Eligibility criteria for adjudicators
- 20 Appointment of adjudicator
- 21 Adjudication responses
- 22 Adjudication procedures
- 23 Adjudicator's determination
- 23A Adjudication determination to be given to parties and Authority
- 24 Correcting mistakes in determinations
- 28 Claimant may make new application if previous application refused or not determined
Division 2A--Review of adjudication
- 28A Threshold for review
- 28B Application for review by respondent
- 28C Application for review by claimant
- 28D Procedure for making application
- 28E Right to make submissions
- 28F Designated trust account
- 28G Appointment of review adjudicator
- 28H Adjudication review procedures
- 28I Adjudication review determination
- 28J Authorised nominating authority must notify persons of review determination
- 28K Withdrawal of adjudication review application
Division 2B--Payment and recovery of adjudicated amounts
- 28M Respondent required to pay adjudicated amount
- 28N Payment after review determination
- 28O Consequences of respondent not paying adjudicated amount
- 28P Consequences of claimant not paying adjudicated amount
- 28Q Adjudication certificates
- 28R Proceedings to recover amount payable under section 28M or 28N
Division 3--Claimant's right to suspend construction work
- 29 Claimant may suspend work
Division 4--Recovery from principal
- 29A Definitions
- 30 Application
- 31 Recovery from principal
- 32 Procedure for obtaining payment
- 33 Certification of debt by court
- 34 Notice of claim operates as assignment of debt
- 35 Payment of respondent's debt by principal
- 36 Priority of assignments
- 37 Stay of payments
- 38 Right of recovery if principal fails to pay
- 39 When assignment ceases to operate
- 40 Claimant to provide discharge notice
- 41 Respondent to give information about principal
Division 5--Authorised nominating authorities, adjudicators and review adjudicators
- 42 Authorised nominating authorities
- 43 The Authority may impose conditions
- 43B Authorised nominating authority to provide information
- 43C Authorised nominating authority fees
- 44 Ministerial guidelines
- 45 Adjudicator's and review adjudicator's fees
- 46 Liability of adjudicator
Division 6--Effect of Part on civil proceedings
- 47 Effect of Part on civil proceedings
PART 3A--ADMINISTRATION
- 47A Functions of the Authority
- 47B Register of authorised nominating authorities
- 47C Recording and publishing of determinations
PART 4--MISCELLANEOUS
- 48 No contracting out
- 49 Confidentiality
- 50 Service of notices
- 51 Supreme Court—limitation of jurisdiction
- 52 Regulations
- 53 Transitional provision—Building and Construction Industry Security of Payment (Amendment) Act 2006
ENDNOTES