New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 37)

Part 1 - Preliminary

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.

Part 2 - Provisions consequent on enactment of Building and Construction Industry Security of Payment Act 1999

2 Certain construction contracts not affected

A provision of this Act does not apply to a construction contract entered into before the commencement of that provision.

Part 3 - Provisions consequent on enactment of Building and Construction Industry Security of Payment Amendment Act 2002

3 Application of amendments

An amendment made to this Act by the Building and Construction Industry Security of Payment Amendment Act 2002 does not apply to or in respect of a payment claim served before the commencement of the amendment and any such payment claim is to be dealt with in accordance with this Act as if the amendment had not been made.

Part 4 - Provisions consequent on enactment of Building and Construction Industry Security of Payment Amendment Act 2010

4 Application of amendments

An amendment made to this Act by the Building and Construction Industry Security of Payment Amendment Act 2010 extends to matters arising before the commencement of the amendment (including an adjudication application made before that commencement and pending on that commencement).

Part 5 - Provision consequent on enactment of Building and Construction Industry Security of Payment Amendment Act 2013

5 Application of amendments

An amendment made to this Act by the Building and Construction Industry Security of Payment Amendment Act 2013 does not apply in relation to a construction contract entered into before the commencement of the amendment.

Part 6 - Provisions consequent on enactment of Building and Construction Industry Security of Payment Amendment Act 2018

6 Application of amendments

Except as provided by the regulations, an amendment made to this Act by the Building and Construction Industry Security of Payment Amendment Act 2018 does not apply in relation to a construction contract entered into before the commencement of the amendment.