Queensland Consolidated Acts

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 (1) .

"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" ...

"amendment" , of a contract, for chapter 2 , see section 8 .

"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 .

"auditor" , for chapter 2 , part 4 , division 1 , see section 50 .

"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.

(a) for chapter 2 —see section 10 ; or

(b) for chapter 4 —see section 104 .

(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) .

(a) for chapter 3 , part 4A , see section 97A ; or

(b) for chapter 3 , part 6A , see section 100A .

(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.

(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.

(a) of a building contract, for chapter 2 , see section 8 ; and

(b) of a contract, for chapter 4 , see section 104 .