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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999
- As at 13 January 2023
- Act 46 of 1999
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Object of Act
4. Definitions
5. Definition of "construction work"
6. Definition of "related goods and services"
7. Application of Act
PART 2 - RIGHTS TO PROGRESS PAYMENTS
8. Right to progress payments
9. Amount of progress payment
10. Valuation of construction work and related goods and services
11. Due date for payment
12. Effect of "pay when paid" provisions
12A. Trust account requirements for retention money
PART 3 - PROCEDURE FOR RECOVERING PROGRESS PAYMENTS
Division 1 - Payment claims and payment schedules
13. Payment claims
14. Payment schedules
15. Consequences of not paying claimant where no payment schedule
16. Consequences of not paying claimant in accordance with payment schedule
Division 2 - Adjudication of disputes
17. Adjudication applications
17A. Withdrawal of application
18. Eligibility criteria for adjudicators
19. Appointment of adjudicator
20. Adjudication responses
21. Adjudication procedures
22. Adjudicator's determination
23. Respondent required to pay adjudicated amount
24. Consequences of not paying claimant adjudicated amount
25. Filing of adjudication certificate as judgment debt
26. Claimant may make new application in certain circumstances
Division 2A - Claimant's rights against principal contractor
26A. Principal contractor can be required to retain money owed to respondent
26B. Obligation of principal contractor to retain money owed to respondent
26C. Contravention of requirement by principal contractor
26D. Protections for principal contractor
26E. Respondent to provide information about principal contractor
26F. Other rights of claimant not affected
Division 3 - Claimant's right to suspend construction work
27. Claimant may suspend work
Division 4 - General
28. Nominating authorities
28A. Code of practice for authorised nominating authorities
29. Adjudicator's fees
30. Protection from liability for adjudicators and authorised nominating authorities
31. Service of documents
32. Effect of Part on civil proceedings
32A. Finding of jurisdictional error in adjudicator's determination
32B. Application of Part to a claimant in liquidation
PART 3A - INVESTIGATION AND ENFORCEMENT POWERS
Division 1 - Preliminary
32C. Authorised officers
32D. Purposes for which functions under Part may be exercised
32E. Extraterritorial application
Division 2 - Information gathering powers
32F. Exercise in conjunction with other powers
32G. Power of authorised officers to require information and records
32H. Power of authorised officers to require answers
Division 3 - Entry to premises
32I. Power of authorised officers to enter premises
32J. Entry into residential premises only with permission or search warrant
32K. Search warrants
32L. Power to require owner or occupier to provide assistance
32M. Powers that can be exercised on premises
32N. Dealing with seized things
Division 4 - Offences
32O. Failure to comply with requirement under Part
32P. False or misleading information
32Q. Obstruction of authorised officer
PART 4 - MISCELLANEOUS
33. Act binds Crown
34. No contracting out
34A. Proceedings for offences
34B. Penalty notices
34C. Liability of directors etc for offences by corporation--accessory to the commission of offences
34D. Liability of directors etc for specified offences by corporation--offences attracting executive liability
35. Regulations
36. Disclosure of information
36A. Delegation
36B. (Repealed)
37. Savings and transitional provisions
38. Review of Act
Schedule 1 (Repealed)
SCHEDULE 2
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