South Australian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 - SECT 4

4—Interpretation

In this Act, unless the contrary intention appears—

"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 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 29 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; or

            (c)         any other day on which there is a Statewide shut-down of the operations of the building and construction industry;

"claimant" means 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 1 party undertakes to carry out construction work, or to supply related goods and services, for another party;

"construction work"—see section 5;

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

"exercise" a function includes perform a duty;

"function" includes a power, authority or duty;

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

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

"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; and

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

            (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;

"reference date", in relation to a construction contract, means—

            (a)         a date determined by or in accordance with the terms of the contract as the date on which a claim for a progress payment may be made in relation to work carried out or undertaken to be carried out (or related goods and services supplied or undertaken to be supplied) under the contract; or

            (b)         if the contract makes no express provision with respect to the matter—the last day of the named month in which the construction work was first carried out (or the related goods and services were first supplied) under the contract and the last day of each subsequent named month;

"related goods and services"—see 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.