South Australian Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO 77 OF 2009) - SECT 26

26—Claimant may make new application in certain circumstances

        (1)         This section applies if—

            (a)         a claimant fails to receive an adjudicator's notice of acceptance of an adjudication application within 4 business days after the application is made; or

            (b)         an adjudicator who accepts an adjudication application fails to determine the application within the time allowed by section 21(3); or

            (c)         an adjudicator who accepts an adjudication application notifies the claimant and the respondent that he or she has withdrawn from the adjudication.

        (2)         In either of the circumstances specified in subsection (1)(a) or (b), the claimant—

            (a)         may withdraw the application, by notice in writing served on the adjudicator or the authorised nominating authority to whom the application was made; and

            (b)         may make a new adjudication application under section 17.

        (3)         In the circumstances specified in subsection (1)(c), the application is discontinued and the claimant may make a new adjudication application under section 17.

        (4)         Despite section 17(3)(c), (d) and (e), a new adjudication application may be made at any time within 5 business days after the claimant—

            (a)         becomes entitled to withdraw the previous adjudication application under subsection (2); or

            (b)         is notified by the adjudicator that he or she has withdrawn from the adjudication.

        (5)         This Division applies to a new application referred to in this section in the same way as it applies to an application under section 17.