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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999


- As at 23 September 2020 
- 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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