Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 53

Transitional provision-Building and Construction Industry Security of Payment (Amendment) Act 2006

53. Transitional provision-Building and Construction Industry Security of
Payment (Amendment) Act 2006

This Act as amended by the Building and Construction Industry Security of
Payment (Amendment) Act 2006 (the 2006 Act) does not apply to or in respect of
a payment claim for a progress payment to which a person is entitled under a
construction contract entered into before the commencement of section 42 of
the 2006 Act and any such payment claim is to be dealt with in accordance with
this Act as if the 2006 Act had not been enacted.



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ENDNOTES

1. General Information Minister's second reading speech- Legislative Assembly:
21 March 2002 Legislative Council: 24 April 2002 The long title for the Bill
for this Act was "A Bill to provide for entitlements to progress payments for
persons who carry out construction work or who supply related goods and
services under construction." Constitution Act 1975: Section 85(5) statement:
Legislative Assembly: 21 March 2002 Legislative Council: 24 April 2002
Absolute majorities: Legislative Assembly: 24 April 2002 Legislative Council:
7 May 2002 The Building and Construction Industry Security of Payment Act 2002
was assented to on 14 May 2002 and came into operation on 31 January 2003:
section 2(2). 2. Table of Amendments This Version incorporates amendments made
to the Building and Construction Industry Security of Payment Act 2002 by Acts
and subordinate instruments.
------------------------------------------------------------- Building and
Construction Industry Security of Payment (Amendment) Act 2006, No. 42/2006
Assent Date: 25.7.06 Commencement Date: Ss 38, 39, 41 on 26.7.06: s. 2(1); ss
4-37, 40, 42, 43 on 30.3.07: s. 2(3) Current State: This information relates
only to the provision/s amending the
Building and Construction Industry Security of Payment Act 2002
------------------------------------------------------------- 3. Explanatory
Details No entries at date of publication.





































INDEX

Subject

Section

Act

application to construction contracts 7
commencement 2
Crown bound by 8
object 3
purpose 1
transitional provisions 53 Adjudicated amounts

adjudicator's fees added to 45
definition 4, 28O, 28Q, 29A
determination 23
interest 23, 28I, 28Q, 28R
unpaid shares of fees added to 28Q See also Adjudicated amounts - Recovery and
payment; Adjudication reviews

Adjudicated amounts - Recovery and payment

adjudication certificates 28O-28R
claimant's failure to pay 28P
claimant's obligation to pay 28N
payment after review determination 28N
recovery from principal

application of Part 3, Division 4 30 assignment of debt to claimant 34 ceased
operation of assignment of debt 39 certified debt (def.) 4 circumstances where
applicable 30-31 debt certificates 4, 32-33 discharge of debt 35, 36, 39, 40
forfeiture and restitution of amount paid 40 information about principal 41
notice of claim regarding 4, 32, 34, 36, 37 payment of debt by principal 35-36
priority of assignment of debt 36 principal's failure to pay 38 procedure 32
recovery in claimant's own name 38 right to 31 stay of payments 37
proceedings for recovery or setting aside of 28R
relevant date (def.) 28M
respondent's failure to pay 28O, 30
respondent's obligation to pay 28M-28N
time for paying 28M-28N









Subject

Section

Adjudication applications

acceptance 20
adjudication responses to 4, 21-22
definition 4, 45
determination

challenges to 28R copies of 23A, 24 correction of mistakes in 24 definition of
adjudication determinations 4, 29A matters considered, included in 23
procedure 22 records, publication of 47C
failure to determine 28
fees 18
making of, grounds for 18
new applications 28
refusal 28
withdrawal 28 See also Adjudicated amounts; Adjudicated amounts - Recovery and
payment; Adjudicators; Authorised nominating authorities;

Adjudication certificates

definition 4
filed in court for bringing of proceedings 28R
provision of, matters specified in 28Q
requests for 28O-28P Adjudication determinations See Adjudication applications

Adjudication fees

adjudication applications 18
adjudication review applications 28D
charged by authorised nominating authorities 18, 43B, 43C
charged by adjudicators, review adjudicators 43B, 44-45
definition 4
Ministerial guidelines 44
information provided to Building Commission 43B
unpaid shares specified in adjudication certificates 28Q Adjudication
responses 4, 21-22 Adjudication reviews

applications, grounds for 4, 28B-28D
appointment of review adjudicators 28G
definition 4
determinations

challenges to 28R copies of 28I-28J correction of mistakes in 28L definition
of review determinations 4 matters considered, to be specified in 28I
procedures 28H records, publication of 47C

Subject

Section

fees 28D
other actions excluded by applications for 24, 28O, 28R
payment of excluded amounts into trust funds 28B, 28F
submissions regarding 28E
threshold for review 28A
withdrawal 28F, 28K See also Adjudicated amounts - Recovery and payment

Adjudicators

appointment 20
copies of adjudication review applications for 28D
copies of adjudication review determinations for 28J
definition 4, 45
determination of adjudication applications by 21-24
eligibility criteria 19
fees charged by adjudicators, review adjudicators 4, 43B, 44-45
immunity of adjudicators, review adjudicators 46
referral of adjudication applications to 18
review adjudicators 4, 28G-28I See also Authorised nominating authorities

Authorised nominating authorities

authorisation 42
conditions on 43
definition 4
fees charged by 18, 43B, 43C
functions 43A
functions regarding

adjudication applications 18 adjudication certificates 28O-28Q adjudication
reviews 28D-28E, 28H-28K copies of adjudication determinations 23A, 24
information for Building commission 43B review adjudicators 28G
Ministerial guidelines 44
register 47B Building Commission

authorisation of nominating authorities 42-44
confidentiality provisions 49
copies of adjudication determinations for 23A, 24
copies of adjudication review applications for 28D
copies of adjudication review determinations for 28J
definition 4
functions 47A
information provided by authorities to 43B
notice of appointment of review adjudicator to 28G
records, publication of determinations 47C
register of authorised nominating authorities 47B Claims See Payment claims







Subject

Section

Construction contracts

application of Act to 7
claimable variations 4, 10, 10A, 11
compensation, damages claims under 10B
definition 4

"pay when paid" provisions 13
proceedings arising under 47
variations 4, 10A, 10B, 28R
void provisions 48 See also Construction work; Progress payments Related goods
and services headings beginning with Adjudication

Construction work

definition 5
suspension 16-17, 28O, 29
valuation 10A, 11, 23 See also Construction contracts; Progress payments

Crown

bound by Act 8 Debt certificates 4, 32-33 Definitions 4-6, 9, 13, 21, 28F,
28M, 28O, 28Q, 29A, 31, 33, 43B, 45 Designated trust accounts 4, 28B, 28F
Excluded amounts

amounts wrongly determined to be 28C
definition 4, 10B
identified in adjudication responses 21
identified in payment schedules 15
included in adjudicated amounts 28B
not to be included in

determination of adjudication applications 23 determination of review
applications 28I payment claims 14 progress payments 10
payment into designated trust funds 28B, 28F Fees See Adjudication fees

Goods and services See Related goods and services

Interest 12, 23, 28I, 28Q Liens 12A Ministerial guidelines 44 Offences 41
Pay when paid provisions 13 Payment claims 4, 14 Payment schedules 4, 15-16
Principals

definition 4
included in adjudication responses 21-22 See also Adjudicated amounts -
Recovery and payment



Subject

Section

Proceedings

arising under construction contracts 47
begun by principal against respondent 37
for recovery of debt assigned to claimant 38
for recovery of unpaid adjudicated amounts 28R
for recovery of unpaid progress payments 16-17 Progress payments

amount 10-10B
amounts paid to be considered in proceedings 47
claimant, claimed amount (defs.) 4
definition 4
due date 4, 12
failure to pay 16-17
final payments 9, 14
interest 12
liens 12A
one-off payments 9, 14

"pay when paid" provisions of no effect on 13
payment claims 4, 14
payment schedules 4, 15-16
payment when no schedule provided 15-16
proceedings for recovery of 16-17
reference date in calculation of 9
rights to 9
scheduled amount 4, 15
single payments 9, 14
unpaid amounts 12-12A, 16-17 See also Adjudicated amounts; Adjudicated amounts
- Recovery and payment; Adjudication applications Adjudication reviews;
Excluded amounts

Recovery of money from principal See Adjudicated amounts - Recovery and
payment

Regulations 52 Related goods and services

definition 6
suspension of supply 16-17, 28O, 29
valuation 10A, 11, 23 See also Construction contracts; Progress payments

Respondents (def.) 4 Review of adjudication See Adjudication reviews

Review adjudicators

adjudication fees charged by 4, 44-45
appointment 28G
definition 4
determination of adjudication review by 28H-28I
immunity 46 Service of notices 50 Supreme Court

limitation of jurisdiction 51

Subject

Section

Transitional provisions 53 Trust accounts See Designated trust accounts

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Building and Construction Industry Security of Payment Act 2002 No. 15 of 2002