AustLII Tasmanian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO. 86 OF 2009)

- Act 86 of 2009
- Royal Assent 17 December 2009

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Object
   4.      Interpretation
   5.      Meaning of "building work or construction work"
   6.      Meaning of "building or construction-related goods and services"

   PART 2 - Application and Effect of Act in Relation to other Acts,
   Contracts, &c.

   7.      Application of Act
   8.      Act binds Crown
   9.      Act does not limit other entitlements or remedies
   10.     Effect on civil proceedings
   11.     Parties cannot contract out of Act

   PART 3 - Rights to Progress Payments

   12.     Rights to progress payments
   13.     How value of building work or construction work, &c., to be
           determined
   14.     Liens over unpaid amounts
   15.     Due date for payment
   16.     "Pay-when-paid" provisions of no effect

   PART 4 - Payment Claims and Payment Schedules

   17.     Claims for payment may be made
   18.     Schedules for payment may be provided to claimant
   19.     Consequences of failing to provide payment schedule within relevant
           period
   20.     Consequences of not paying claimant in accordance with payment
           schedule

   PART 5 - Adjudication of Disputes

   21.     Applications for adjudication
   22.     Appointment of adjudicator
   23.     Response by respondent to adjudication application
   24.     Adjudication proceedings
   25.     Determination of adjudication application
   26.     Respondent must pay amount determined by adjudicator
   27.     Adjudication certificate may be filed as judgment for debt
   28.     When claimant may make new adjudication application

   PART 6 - Claimant's Right to Suspend Building Work or Construction
   Work or Supply

   29.     Claimant may suspend work or supply

   PART 7 - Administration Division 1 - Security of Payments Official

   30.     Security of Payments Official

           Division 2 - Nominating authorities

   31.     Nominating authorities
   32.     Nominating authorities may charge fees
   33.     Nominating authorities to provide information
   34.     Nominating authority to advise Security of Payments Official if
           certain legal processes begin

           Division 3 - Adjudicators

   35.     Disqualification of adjudicator for interest
   36.     Request and review in relation to disqualification of adjudicator
   37.     Adjudicator's fees
   38.     Information in relation to determinations of adjudication applications

           Division 4 - Protection from liability

   39.     Protection from liability

   PART 8 - Miscellaneous

   40.     Service of notices
   41.     Regulations
   42.     Status of notices
   43.     Administration of Act
   44.     Transitional matters

   PART 9 - Consequential amendments and repeal

   45.     Consequential amendments
   46.     Legislation repealed
           SCHEDULE 1
           SCHEDULE 2

[ Note: This table has been automatically generated and may be incomplete. ]



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