Western Australian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 - SECT 53

53 .         Certification of determination if adjudicated amount not paid or excess amount not repaid

        (1)         If the respondent fails to pay the adjudicated amount in full as required by section 52, the claimant may request the Building Commissioner to provide a certified copy of the determination of the adjudicator or review adjudicator to enable enforcement of the adjudicated amount as a monetary judgment of a court of competent jurisdiction.

        Note for this subsection:

                Division 7 provides that in addition to the right to request a certified copy of a determination for debt recovery action, the claimant may suspend work or supply under the construction contract.

        (2)         The Building Commissioner cannot provide the claimant with a certified copy of the determination of an adjudicator if an adjudication review application in relation to the determination has been made but not determined or withdrawn.

        (3)         If the claimant fails to repay the excess amount in full as required by section 52, the respondent may request the Building Commissioner to provide a certified copy of the determination of the review adjudicator to enable enforcement of the excess amount as a monetary judgment of a court of competent jurisdiction.

        (4)         A certified copy of a determination is a copy of the determination that the Building Commissioner certifies is a true and accurate copy of the determination.

        (5)         The Building Commissioner may charge a reasonable fee for providing a certified copy of a determination under this section.