(1) A claimant may
apply for adjudication of a payment claim (an
"adjudication application") if—
(a) the
respondent provides a payment schedule under Division 1 but—
(i)
the scheduled amount indicated in the payment schedule is
less than the claimed amount indicated in the payment claim; or
(ii)
the respondent fails to pay the whole or a part of the
scheduled amount to the claimant by the due date for payment of the amount; or
(b) the
respondent fails to provide a payment schedule to the claimant under Division
1 and fails to pay the whole or a part of the claimed amount by the due date
for payment of the amount.
(2) An
adjudication application to which subsection (1)(b) applies cannot be
made unless—
(a) the
claimant has notified the respondent, within the period of 20 business
days immediately following the due date for payment, of the claimant's
intention to apply for adjudication of the payment claim; and
(b) the
respondent has been given an opportunity to provide a payment schedule to the
claimant within 5 business days after receiving the claimant's notice.
(3) An
adjudication application—
(a) must
be in writing; and
(b) must
be made to an authorised nominating authority chosen by the claimant; and
(c) in
the case of an application under subsection (1)(a)(i)—must be made
within 15 business days after the claimant receives the payment schedule;
and
(d) in
the case of an application under subsection (1)(a)(ii)—must be made
within 20 business days after the due date for payment; and
(e) in
the case of an application under subsection (1)(b)—must be made
within 15 business days after the end of the 5 day period referred
to in subsection (2)(b); and
(f) must
identify the payment claim and the payment schedule (if any) to which it
relates; and
(g) must
be accompanied by such application fee (if any) as may be determined by the
authorised nominating authority; and
(h) may
contain such submissions relevant to the application that the claimant chooses
to include.
(4) The amount of any
such application fee must not exceed the amount (if any) determined by the
Minister.
(5) A copy of an
adjudication application must be served on the respondent concerned.
(6) It is the duty of
an authorised nominating authority to which an adjudication application is
made to refer the application to an adjudicator (being a person who is
eligible to be an adjudicator as referred to in section 18) as soon as
practicable.