Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 40

Claimant to provide discharge notice

40. Claimant to provide discharge notice



(1) If a principal or the respondent makes a payment to the claimant in
partial or full discharge of a certified debt, the claimant must, on the
request of the person making the payment, give the person a discharge notice
in respect of the payment.

(2) A discharge notice must-

   (a)  be in the prescribed form; and

   (b)  acknowledge the payment of the amount paid; and

   (c)  be signed by the claimant.

(3) If the claimant does not give the notice within 7 days of the payment and
request, the claimant is to forfeit and pay to the person who made the payment
a sum equal to the amount paid.

(4) The person who made the payment may recover the forfeited amount in any
court of competent jurisdiction as a debt due to the person.