Victorian Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT (AMENDMENT) ACT 2006 (NO 42 OF 2006) - SECT 10

    (1)     In section 10(b) of the Principal Act—    

        (a)     in sub-paragraph (i), after "carried out" insert "or undertaken to be carried out";

        (b)     in sub-paragraph (ii), after "supplied" insert "or undertaken to be supplied".

    (2)     At the end of section 10 of the Principal Act insert —

    "(2)     Despite sub-section (1) and anything to the contrary in the construction contract, a claimable variation may be taken into account in calculating the amount of a progress payment to which a person is entitled in respect of that construction contract.

    (3)     Despite sub-section (1) and anything to the contrary in the construction contract, an excluded amount must not be taken into account in calculating the amount of a progress payment to which a person is entitled in respect of that construction contract.".