BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999

 

TABLE OF PROVISIONS


PART 1 - PRELIMINARY
  1. Name of Act
  2. Commencement
  3. Object of Act
  4. Definitions
  5. Definition of “construction work”
  6. Definition of “related goods and services”
  7. Application of Act

PART 2 - RIGHTS TO PROGRESS PAYMENTS
  1. Rights to progress payments
  2. Amount of progress payment
  3. Valuation of construction work and related goods and services
  4. Due date for payment
  5. Effect of “pay when paid” provisions

PART 3 - PROCEDURE FOR RECOVERING PROGRESS PAYMENTS
Division 1 - Payment claims and payment schedules
  1. Payment claims
  2. Payment schedules
  3. Consequences of not paying claimant where no payment schedule
  4. Consequences of not paying claimant in accordance with payment schedule
Division 2 - Adjudication of disputes
  1. Adjudication applications
  2. Eligibility criteria for adjudicators
  3. Appointment of adjudicator
  4. Adjudication responses
  5. Adjudication procedures
  6. Adjudicator’s determination
  7. Respondent required to pay adjudicated amount
  8. Consequences of not paying claimant adjudicated amount
  9. Filing of adjudication certificate as judgment debt
  10. Claimant may make new application in certain circumstances
Division 3 - Claimant’s right to suspend construction work
  1. Claimant may suspend work
Division 4 - General
  1. Nominating authorities
  2. Adjudicator’s fees
  3. Protection from liability for adjudicators and authorised nominating authorities
  4. Service of notices
  5. Effect of Part on civil proceedings
PART 4 - MISCELLANEOUS
  1. Act binds Crown
  2. No contracting out
  3. Regulations
  4. Savings and transitional provisions
  5. Review of Act

SCHEDULE 1 (Repealed)
SCHEDULE 2