New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 7
Application of Act
7 Application of Act
(1) Subject to this section, this Act applies to any construction contract,
whether written or oral, or partly written and partly oral, and so applies
even if the contract is expressed to be governed by the law of a jurisdiction
other than New South Wales.
(2) This Act does not apply to-- (a) a
construction contract that forms part of a loan agreement, a contract of
guarantee or a contract of insurance under which a
recognised financial institution undertakes-- (i) to lend money or to repay
money lent, or
(ii) to guarantee payment of money owing or repayment of money
lent, or
(iii) to provide an indemnity with respect to construction work
carried out, or related goods and services supplied, under the
construction contract, or
(c) a construction contract under which it is
agreed that the consideration payable for construction work carried out under
the contract, or for related goods and services supplied under the contract,
is to be calculated otherwise than by reference to the value of the work
carried out or the value of the goods and services supplied.
(3) This Act
does not apply to a construction contract to the extent to which it contains--
(a) provisions under which a party undertakes to carry out construction work,
or supply related goods and services, as an employee (within the meaning of
the Industrial Relations Act 1996 ) of the party for whom the work is to be
carried out or the related goods and services are to be supplied, or
(b)
provisions under which a party undertakes to carry out construction work, or
to supply related goods and services, as a condition of a loan agreement with
a recognised financial institution, or
(c) provisions under which a party
undertakes-- (i) to lend money or to repay money lent, or
(ii) to guarantee
payment of money owing or repayment of money lent, or
(iii) to provide an
indemnity with respect to construction work carried out, or
related goods and services supplied, under the construction contract.
(4)
This Act does not apply to a construction contract to the extent to which it
deals with-- (a) construction work carried out outside New South Wales, and
(b) related goods and services supplied in respect of construction work
carried out outside New South Wales.
(5) This Act does not apply to any
construction contract, or class of construction contracts, prescribed by the
regulations for the purposes of this section.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback