Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 4

Definitions

4. Definitions

In this Act-

adjudicated amount means the amount of a progress payment that an adjudicator
determines to be payable as referred to in section 23 together with any amount
added to that amount under section 45(7);

adjudication application means an application referred to in section 18;
adjudication certificate means a certificate provided by an authorised
nominating authority under section 28Q;

adjudication determination means a determination made by an adjudicator under
section 23;

adjudication fees means any fees or expenses charged by an authorised
nominating authority or by an adjudicator or review adjudicator under this
Act;

adjudication response means a response referred to in section 21; adjudication
review means a review of an adjudication determination under Division 2A of
Part 3;

adjudication review application means an application under section 28B or 28C;



adjudicator, in relation to an adjudication application, means the person
appointed in accordance with this Act to determine the application;

authorised nominating authority means a person authorised by the Building
Commission under section 42 to nominate persons to determine adjudication
applications; Building Commission means the Building Commission established
under the Building Act 1993;

business day means a day that is not-

   (a)  a Saturday or Sunday; or

   (b)  a day that is wholly or partly observed as a public holiday throughout
        Victoria; certified debt in relation to a claimant, means the amount
        specified in a debt certificate as being owed to the claimant;
        claimable variation has the meaning given in section 10A;



claimant means a person who serves a payment claim under section 14;

claimed amount means an amount of a progress payment claimed to be due for
construction work carried out, or for related goods and services supplied, as
referred to in section 14;

construction contract means a contract or other arrangement under which one
party undertakes to carry out construction work, or to supply related goods
and services, for another party;

construction work has the meaning given in section 5; debt certificate means a
certificate issued under section 33;

designated trust account means an account kept with a recognised financial
institution (whether in the name of the respondent or otherwise) for the
purpose of holding amounts payable to claimants under this Act; discharge
notice means a notice referred to in section 40; due date, in relation to a
progress payment, means the due date for the progress payment, as referred to
in section 12; excluded amount has the meaning given in section 10B;



exercise in relation to a function, includes perform a duty;

function includes power, authority or duty; judgment includes order; notice of
claim means a notice referred to in section 32;

payment claim means a claim referred to in section 14;

payment schedule means a schedule referred to in section 15; principal means a
principal referred to in section 31; progress payment means a payment to which
a person is entitled under section 9, and includes (without affecting that
entitlement)-

   (a)  the final payment for-

   (i)  construction work carried out under a construction contract; or

   (ii) related goods and services supplied under the contract; or

   (b)  a single or one-off payment for-

   (i)  construction work carried out under a construction contract; or

   (ii) related goods and services supplied under the contract; or
(c) a payment that is based on an event or date (known in the building and
construction industry as a "milestone payment"); Note The amount of a progress
payment is calculated in accordance with sections 10, 10A, 10B and 11.

recognised financial institution means an authorised deposit-taking
institution within the meaning of the Banking Act 1959 of the Commonwealth;

related goods and services has the meaning given in section 6; respondent
means a person on whom a payment claim is served under section 14; review
adjudicator in relation to an adjudication review application, means the
adjudicator appointed in accordance with this Act to determine the
application; review determination means the determination made by a review
adjudicator under section 28I in respect of an adjudication review
application;

scheduled amount means the amount of a progress payment that is proposed to be
made under a payment schedule, as referred to in section 15; variation in
relation to a construction contract, means a change in the scope of the
construction work to be carried out, or the related goods and services to be
supplied, under the contract.