AustLII Tasmanian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO. 86 OF 2009) - SECT 28

When claimant may make new adjudication application

(1)  Subsection (2) applies to a claimant if –
(a) a claimant fails to receive, within 4 business days after the claimant makes an adjudication application, an adjudicator's notice of acceptance of the application under section 22(4) ; or
(b) an adjudicator in relation to an adjudication application fails to determine the application within the time allowed by section 24 .
(2)  If this subsection applies to a claimant, the claimant –
(a) may withdraw the adjudication application made to the adjudicator, by serving notice in writing on the adjudicator or the nominating authority to whom the application was made; and
(b) may make a new adjudication application under section 21 .
(3)  Despite section 21(3) , a new adjudication application may be made at any time within 5 business days after the claimant becomes entitled to withdraw the previous application under subsection (2) .


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