AustLII Tasmanian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO. 86 OF 2009) - SECT 21

PART 5 - Adjudication of Disputes Applications for adjudication

(1)  A claimant may, in writing, apply to a nominating authority, chosen by the claimant, to have a payment claim adjudicated.
(2)  A claimant may only make an application under subsection (1) if –
(a) the respondent provided a payment schedule under section 18 but the scheduled amount specified in the schedule is less than the claimed amount specified in the payment claim; or
(b) the respondent provided a payment schedule under section 18 but did not pay to the claimant all of the scheduled amount by the due date for payment of the amount; or
(c) the respondent failed to provide a payment schedule to the claimant under section 18 and did not pay all of the claimed amount by the due date for payment of the amount.
(3)  An application made under subsection (1) pursuant to –
(a) subsection (2)(a) must be made within 10 business days after the claimant receives the payment schedule; or
(b) subsection (2)(b) must be made within 20 business days after the due date for payment.
(4)  A claimant may only make an application under subsection (1) pursuant to subsection (2)(c) if –
(a) the claimant has notified the respondent, within 20 business days after the due date for payment, that –
(i) the claimant intends to make the application; and
(ii) the respondent may provide a payment schedule to the claimant within 5 business days after the notice is given; and
(b) the respondent has not provided a payment schedule within the period of 5 business days since the notice was given to the respondent; and
(c) the application is made within 10 business days after the end of the 5-day period referred to in paragraph (b) .
(5)  An application made under subsection (1)  –
(a) must identify the payment claim and the payment schedule, if any, to which it relates; and
(b) must be accompanied by the application fee, if any, that the nominated authority may have determined; and
(c) may contain any submissions relating to the application that the applicant thinks fit.
(6)  The application fee may not be greater than an amount, if any, determined by the Minister, by notice published in the Gazette , to be the maximum amount of the application fee.
(7)  A copy of an application made under subsection (1) must be served on the respondent.
(8)  A claimant may, at any time before an application made under subsection (1) has been determined by an adjudicator, withdraw the application by notice served on the adjudicator and the respondent.
(9)  A claimant who withdraws an application under subsection (8) is liable to pay any fees and expenses to which an adjudicator is entitled under section 37(1) in relation to the application.



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