Victorian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - NOTES

Version No. 013

No. 15 of 2002
Version incorporating amendments as at
1 February 2024

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Version No. 013

Building and Construction Industry Security of Payment Act 2002

No. 15 of 2002
Version incorporating amendments as at
1 February 2024

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 21 March 2002

Legislative Council: 24 April 2002

The long title for the Bill for this Act was "A Bill to provide for entitlements to progress payments for persons who carry out construction work or who supply related goods and services under construction contracts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 21 March 2002

Legislative Council: 24 April 2002

Absolute majorities:

Legislative Assembly: 24 April 2002

Legislative Council: 7 May 2002

The Building and Construction Industry Security of Payment Act 2002 was assented to on 14 May 2002 and came into operation on 31 January 2003: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Building and Construction Industry Security of Payment Act 2002 by Acts and subordinate instruments.

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Building and Construction Industry Security of Payment (Amendment) Act 2006, No. 42/2006

Assent Date:	25.7.06
Commencement Date:	Ss 38, 39, 41 on 26.7.06: s. 2(1); ss 4–37, 40, 42, 43 on 30.3.07: s. 2(3)
Current State:	This information relates only to the provision/s amending the Building and Construction Industry Security of Payment Act 2002

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013

Assent Date:	18.6.13
Commencement Date:	S. 35(Sch. 2 item 1) on 1.7.13: s. 2
Current State:	This information relates only to the provision/s amending the Building and Construction Industry Security of Payment Act 2002

Building Legislation Amendment Act 2023, No. 11/2023

Assent Date:	6.6.23
Commencement Date:	S. 53 on 1.2.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Building and Construction Industry Security of Payment Act 2002

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    3     Explanatory details

No entries at date of publication.