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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Object of Act
4. Definitions
5. Definition of construction work
6. Definition of related goods and services
7. Application of Act
8. Act binds the Crown
PART 2--RIGHTS TO PROGRESS PAYMENTS
9. Rights to progress payments
10. Amount of progress payment
10A. Claimable variations
10B. Excluded amounts
11. Valuation of construction work and related goods and services
12. Due date for payment
12A. Lien in respect of unpaid progress payment
13. Effect of pay when paid provisions
PART 3--PROCEDURE FOR RECOVERING PROGRESS PAYMENTS
Division 1--Payment claims and payment schedules
14. Payment claims
15. Payment schedules
16. Consequences of not paying claimant where no payment schedule
17. Consequences of not paying claimant in accordance with payment schedule
Division 2--Adjudication of disputes
18. Adjudication applications
19. Eligibility criteria for adjudicators
20. Appointment of adjudicator
21. Adjudication responses
22. Adjudication procedures
23. Adjudicator's determination
23A. Adjudication determination to be given to parties and Authority
24. Correcting mistakes in determinations
28. Claimant may make new application if previous application refused or not determined
Division 2A--Review of adjudication
28A. Threshold for review
28B. Application for review by respondent
28C. Application for review by claimant
28D. Procedure for making application
28E. Right to make submissions
28F. Designated trust account
28G. Appointment of review adjudicator
28H. Adjudication review procedures
28I. Adjudication review determination
28J. Authorised nominating authority must notify persons of review determination
28K. Withdrawal of adjudication review application
Division 2B--Payment and recovery of adjudicated amounts
28M. Respondent required to pay adjudicated amount
28N. Payment after review determination
28O. Consequences of respondent not paying adjudicated amount
28P. Consequences of claimant not paying adjudicated amount
28Q. Adjudication certificates
28R. Proceedings to recover amount payable under section 28M or 28N
Division 3--Claimant's right to suspend construction work
29. Claimant may suspend work
Division 4--Recovery from principal
29A. Definitions
30. Application
31. Recovery from principal
32. Procedure for obtaining payment
33. Certification of debt by court
34. Notice of claim operates as assignment of debt
35. Payment of respondent's debt by principal
36. Priority of assignments
37. Stay of payments
38. Right of recovery if principal fails to pay
39. When assignment ceases to operate
40. Claimant to provide discharge notice
41. Respondent to give information about principal
Division 5--Authorised nominating authorities, adjudicators and review adjudicators
42. Authorised nominating authorities
43. The Authority may impose conditions
43B. Authorised nominating authority to provide information
43C. Authorised nominating authority fees
44. Ministerial guidelines
45. Adjudicator's and review adjudicator's fees
46. Liability of adjudicator
Division 6--Effect of Part on civil proceedings
47. Effect of Part on civil proceedings
PART 3A--ADMINISTRATION
47A. Functions of the Authority
47B. Register of authorised nominating authorities
47C. Recording and publishing of determinations
PART 4--MISCELLANEOUS
48. No contracting out
49. Confidentiality
50. Service of notices
51. Supreme Court—limitation of jurisdiction
52. Regulations
53. Transitional provision—Building and Construction Industry Security of Payment (Amendment) Act 2006
ENDNOTES
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