Victorian Consolidated Legislation

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002

No. 15 of 2002
Version incorporating amendments as at 30 March 2007

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Object of Act
   4.      Definitions
   5.      Definition of construction work
   6.      Definition of related goods and services
   7.      Application of Act
   8.      Act binds the Crown

   PART 2-RIGHTS TO PROGRESS PAYMENTS

   9.      Rights to progress payments
   10.     Amount of progress payment
   10A.    Claimable variations
   10B.    Excluded amounts
   11.     Valuation of construction work and related goods and services
   12.     Due date for payment
   12A.    Lien in respect of unpaid progress payment
   13.     Effect of pay when paid provisions

   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 Building Commission
   24.     Correcting mistakes in determinations
           25-27. Repealed
   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
   28L.    Correcting mistakes in review determinations

           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 Building Commission may impose conditions
   43A.    Functions of an authorised nominating authority
   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 Building Commission
   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.
   54.     Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details