New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 4

4 Definitions

(1) In this Act-

"adjudicated amount" means the amount of a progress payment that an adjudicator determines to be payable, as referred to in section 22.

"adjudication application" means an application referred to in section 17.

"adjudication certificate" means a certificate provided by an authorised nominating authority under section 24.

"adjudication fees" means any fees or expenses charged by an authorised nominating authority, or by an adjudicator, under this Act.

"adjudication response" means a response referred to in section 20.

"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 Minister under section 28 to nominate persons to determine adjudication applications.

"business day" means any day other than-

(a) a Saturday, Sunday or public holiday, or

(b) 27, 28, 29, 30 or 31 December.

"claimant" means a person by whom a payment claim is served under section 13.

"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 13.

"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" is defined in section 5.

"due date" , in relation to a progress payment, means the due date for the progress payment, as referred to in section 11.

"exempt residential construction contract" means-

(a) a construction contract that is connected with an owner occupier construction contract, or

(b) any other type of construction contract for the carrying out of residential building work that is prescribed by the regulations for the purposes of this definition.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"head contractor" means the person who is to carry out construction work or supply related goods and services for the principal under a construction contract (the
"main contract" ) and for whom construction work is to be carried out or related goods and services supplied under a construction contract as part of or incidental to the work or goods and services carried out or supplied under the main contract.

Note : There is no head contractor when the principal contracts directly with subcontractors.

"owner occupier construction contract" means a construction contract for the carrying out of residential building work within the meaning of the Home Building Act 1989 on such part of any premises as the party for whom the work is carried out resides or proposes to reside in.

"payment claim" means a claim referred to in section 13.

"payment schedule" means a schedule referred to in section 14.

"principal" means the person for whom construction work is to be carried out or related goods and services supplied under a construction contract (the
"main contract" ) and who is not themselves engaged under a construction contract to carry out construction work or supply related goods and services as part of or incidental to the work or goods and services carried out or supplied under the main contract.

"progress payment" means a payment to which a person is entitled under section 8, and includes (without affecting any such entitlement)-

(a) the final payment for construction work carried out (or for related goods and services supplied) under a construction contract, or

(b) a single or one-off payment for carrying out construction work (or for supplying related goods and services) under a construction contract, or

(c) a payment that is based on an event or date (known in the building and construction industry as a “milestone payment”).

"recognised financial institution" means a bank or any other person or body prescribed by the regulations for the purposes of this definition.

"related goods and services" is defined in section 6.

"respondent" means a person on whom a payment claim is served under section 13.

"scheduled amount" means the amount of a progress payment that is proposed to be made under a payment schedule, as referred to in section 14.

"Secretary" means-

(a) the Commissioner for Fair Trading, Department of Customer Service, or

(b) if there is no person employed as Commissioner for Fair Trading-the Secretary of the Department of Customer Service.

"subcontractor" means a person who is to carry out construction work or supply related goods and services under a construction contract otherwise than as head contractor.

Note : A subcontractor’s contract can be with the head contractor or (when there is no head contractor) with the principal directly.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act to a contract that is connected with an owner occupier construction contract is a reference to a construction contract to carry out construction work or supply related goods and services as part of or incidental to the work or goods and services carried out or supplied under the owner occupier construction contract.

(3) Notes included in this Act do not form part of this Act.