Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 205

205 Unfinished matters for existing payment claims to be dealt with under the repealed Act

(1) This section applies if a payment claim was given to a respondent before the commencement and, at the commencement, there are unfinished matters for the payment claim.

(2) Despite the repeal of the Building and Construction Industry Payments Act 2004 , the repealed Act continues to apply for the payment claim and any unfinished matters for the claim.

(3) In this section—

"unfinished matter" , for a payment claim, includes a matter under the repealed Act that has yet to be started or completed, including, for example, the following—

(a) replying to the payment claim by serving a payment schedule on the claimant;

(b) the consequences of not paying any or all of the claimed amount for the progress payment to which the payment claim relates;

(c) making an adjudication application for adjudication of the payment claim;

(d) the adjudication of the payment claim under the repealed Act, including—

(i) the giving of an adjudication response; or

(ii) the adjudication procedures; or

(iii) the adjudicator’s decision; or

(iv) correcting a clerical mistake in an adjudicator’s decision; or

(v) the consequences of not paying the claimant the adjudicated amount; or

(vi) the filing of an adjudication certificate as a judgment debt; or

(vii) an adjudicator’s entitlement to be paid for adjudicating the payment claim, including accepting, considering and deciding the application;

(e) the claimant suspending work under the construction contract relevant to the payment claim.