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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SCHEDULE 2

SCHEDULE 2 – Dictionary


"accepted representations" , for chapter 5 , see section 172 (2) .

"account review report" , for chapter 2 , part 4 , see section 57A (2) .

"adjudicated amount" , for chapter 3 , see section 88 (1) .

"adjudication application" see section 79 (1) .

"adjudication certificate" see section 91 (1) .

"adjudication response" see section 82 (1) .

"adjudicator" means an individual registered under chapter 5 , part 2 , division 2 as an adjudicator.

"administrator" ...

"appeal" ...

"approved financial institution" , for chapter 2 , see section 8 .

"approved form" means a form approved by the chief executive or the commissioner under section 198 .

"approved way" , for giving particular documents or making particular applications, means giving the documents, or making the applications, in a way approved by the commissioner under section 198A .

"building" , for chapter 2 , see section 8 .

"building contract" , for chapter 2 , part 3 , see section 30 .

"building work" ...

"business day" does not include—

(a) a Saturday or Sunday; or
(b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done; or
(c) any day occurring within any of the following periods—
(i) 22 to 24 December;
(ii) 27 to 31 December;
(iii) 2 to 10 January.

"carry out construction work" , for chapter 3 , see section 64 .

"chapter 2 requirement" , for chapter 2 , part 4 , see section 50 .

"claimant" , for chapter 3 , see section 75 (1) .

"code of conduct" means a code of conduct for adjudicators made by the registrar under section 181 .

"commission" means the Queensland Building and Construction Commission established under the Queensland Building and Construction Commission Act 1991 , section 5 .

"commissioner" means the commissioner appointed under the Queensland Building and Construction Commission Act 1991 , section 20D .

"complex payment claim" , for chapter 3 , see section 64 .

"construction contract" , for chapter 3 , see section 64 .

"construction work" see section 65 .

"contract administration" , for chapter 2 , see section 8 .

"contracted building work" ...

"contracted party" , for chapter 2 , see section 8 .

"contracted work" , for chapter 2 , see section 8 .

"contracting party" , for chapter 2 , see section 8 .

"contractor" , for chapter 4 , see section 104 .

"contract price"
(a) for chapter 2 —see section 10 ; or
(b) for chapter 4 —see section 104 .

"controller" ...

"conviction" , for chapter 5 , part 2 , see section 158 .

"corresponding law" , for chapter 5 , part 2 , see section 158 .

"court" , for chapter 4 , see section 104 .

"defects liability period" , for a contract, means—
(a) the period worked out under the contract as being the period that—
(i) starts on the day of practical completion for the work carried out under the contract; and
(ii) ends on the last day any omission or defect in the work, carried out under the contract, may be required or directed to be rectified under the contract; or
(b) if the contract does not provide for a period mentioned in paragraph (a) —the statutory defects liability period under the Queensland Building and Construction Commission Act 1991 , section 67NA (2) .

"disputed funds account" ...

"disputed funds trust account" ...

"dispute resolution process" ...

"domestic building work" see Queensland Building and Construction Commission Act 1991 , schedule 1B , section 1 .

"due date" , for a progress payment, for chapter 3 , see section 64 .

"financial institution" means an authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cwlth) .

"fire protection work" ...

"first tier subcontract" see section 6 (5) .

"general trust account" ...

"head contract" , for chapter 2 , part 2 , see section 10 .

"head contractor" ...

"head contractor"
(a) for chapter 3 , part 4A , see section 97A ; or
(b) for chapter 3 , part 6A , see section 100A .

"higher subcontract" see section 6 (7) .

"hospital and health service" , for chapter 2 , see section 8 .

"information notice" , for chapter 5 , see section 158 .

"insolvency official" ...

"land" , for chapter 4 , see section 104 .

"liquidator" ...

"maintenance work" ...

"mechanical services work" see section 8 .

"minimum contract price"
(a) for chapter 2 , part 2 , see section 10 ; or
(b) for chapter 2 , part 3 , see section 30 .

"notice of claim" see section 122 .

"original decision" , for chapter 5 , see section 177 (1) .

"payment claim" see section 68 (1) .

"payment dispute" ...

"payment instruction" means an instruction to a financial institution for the payment of an amount from an account.

"payment schedule" see section 69 .

"payment withholding request" see section 97B (2) .

"person" , for chapter 4 , see section 104 .

"practical completion" , for work carried out under a contract, means—
(a) the day practical completion of the work is achieved, as worked out under the contract; or
(b) if the contract does not provide for the day practical completion of the work is achieved—the day the work is completed—
(i) in compliance with the contract, including all plans and specifications for the work and all statutory requirements applying to the work; and
(ii) without any defects or omissions, other than minor defects or minor omissions that will not unreasonably affect the intended use of the work.

"principal" ...

"progress payment" see section 64 .

"project bank account" ...

"project trust" see section 11 .

"project trust account" see section 10 .

"project trust work" , for chapter 2 , see section 8A .

"proposed action" , for chapter 5 , see section 171 (3) (a) .

"protected work" , for chapter 2 , see section 8B .

"recognised financial institution" means a bank, or other financial institution prescribed by regulation.

"provisional liquidator" ...

"reference date" , for chapter 3 , see section 67 .

"registered company auditor" , for chapter 2 , part 4 , see section 50 .

"registrar" see section 150 (1) .

"registrar of titles" means the registrar of titles under the Land Title Act 1994 .

"registry" , for chapter 5 , see section 149 (1) .

"registry staff" , for chapter 5 , see section 149 (2) .

"related entity" see section 10A .

"related goods and services" , for chapter 3 , see section 66 .

"relevant construction contract" , for chapter 3 , see section 64 .

"respondent" , for chapter 3 , see section 75 (1) .

"retention account" ...

"retention amount" means an amount that—
(a) is payable under a contract, but may, under that contract, be withheld from payment—
(i) during the progress of the work to be carried out under the contract; or
(ii) during the defects liability period for the contract; or
(iii) both during the progress of the work to be carried out under the contract and during the defects liability period; and
(b) is withheld from payment under a contract for the purpose of giving financial protection to the person making the payment in relation to the need to correct defects in the work to be carried out under the contract, or otherwise to secure, wholly or partly, the performance of the contract.

"retention trust" see section 31 .

"retention trust account" see section 30 .

"review decision" , for chapter 5 , see section 178 (2) .

"review notice" , for chapter 5 , see section 178 (3) .

"second tier subcontract" see section 6 (6) .

"security" , for chapter 4 , see section 104 .

"show cause notice" , for chapter 5 , see section 171 (2) .

"show cause period" , for chapter 5 , see section 171 (3) (e) .

"special investigator" means a person appointed as a special investigator under section 53D .

"spent conviction" ...

"standard payment claim" , for chapter 3 , see section 64 .

"State authority" , for chapter 2 , see section 8 .

"structure" , for chapter 4 , see section 104 .

"subcontract" see section 6 (1) .

"subcontracted work" see section 6 (3) (c) .

"subcontractor" see section 6 (3) (b) .

"subcontractor beneficiary" , for chapter 2 , see section 8 .

"subcontractor’s charge" , for chapter 4 , see section 109 (4) .

"supplier" ...

"trust account" , for chapter 2 , part 4 , see section 50 .

"trustee in bankruptcy" ...

"trust records" , for chapter 2 , see section 52 (1) .

"valuable instrument" , for chapter 4 , see section 104 .

"variation"
(a) of a building contract, for chapter 2 , see section 8 ; and
(b) of a contract, for chapter 4 , see section 104 .

"work" , for a contract, for chapter 4 , see section 105 .



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