Victorian Current Acts

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 4

Definitions

In this Act—

"adjudicated amount" means the amount of a progress payment that an adjudicator determines to be payable as referred to in section 23 together with any amount added to that amount under section 45(7);

"adjudication application" means an application referred to in section 18;

S. 4 def. of adjudication certificate inserted by No. 42/2006 s. 5(a).

"adjudication certificate" means a certificate provided by an authorised nominating authority under section 28Q;

S. 4 def. of adjudication determination inserted by No. 42/2006 s. 5(a).

"adjudication determination" means a determination made by an adjudicator under section 23;

S. 4 def. of adjudication fees inserted by No. 42/2006 s. 5(a).

"adjudication" fees means any fees or expenses charged by an authorised nominating authority or by an adjudicator or review adjudicator under this Act;

"adjudication response" means a response referred to in section 21 ;

S. 4 def. of adjudication review inserted by No. 42/2006 s. 5(a).

"adjudication review" means a review of an adjudication determination under Division 2A of Part 3;

S. 4 def. of adjudication review application inserted by No. 42/2006 s. 5(a).

"adjudication review application" means an application under section 28B or  28C;

"adjudicator", in relation to an adjudication application, means the person appointed in accordance with this Act to determine the application;

S. 4 def. of authorised nominating authority amended by No. 34/2013 s. 35(Sch.  2 item 1.1(a)).

"authorised nominating authority" means a person authorised by the Authority under section 42 to nominate persons to determine adjudication applications;

S. 4 def. of Authority amended by No. 34/2013 s. 35(Sch.  2 item 1.1(b)).

"Authority" means the Victorian Building Authority established under the Building Act 1993 ;

S. 4 def. of Building Commission repealed by No. 34/2013 s. 35(Sch.  2 item 1.1(c)).

    *     *     *     *     *

"business day" means a day that is not—

        (a)     a Saturday or Sunday; or

        (b)     a day that is wholly or partly observed as a public holiday throughout Victoria;

"certified debt" in relation to a claimant, means the amount specified in a debt certificate as being owed to the claimant;

S. 4 def. of claimable variation inserted by No. 42/2006 s. 5(a).

claimable variation has the meaning given in section 10A ;

"claimant" means a person who serves a payment claim under section 14;

"claimed amount" means an amount of a progress payment claimed to be due for construction work carried out, or for related goods and services supplied, as referred to in section 14;

"construction contract" means a contract or other arrangement under which one party undertakes to carry out construction work, or to supply related goods and services, for another party;

construction work has the meaning given in section 5 ;

"debt certificate" means a certificate issued under section 33 ;

S. 4 def. of designated trust account amended by No. 42/2006 s. 5(b).

"designated trust account" means an account kept with a recognised financial institution (whether in the name of the respondent or otherwise) for the purpose of holding amounts payable to claimants under this Act;

discharge notice means a notice referred to in section 40 ;

"due date", in relation to a progress payment, means the due date for the progress payment, as referred to in section 12;

S. 4 def. of excluded amount inserted by No. 42/2006 s. 5(a).

excluded amount has the meaning given in section 10B ;

"exercise" in relation to a function, includes perform a duty;

"function" includes power, authority or duty;

"judgment" includes order;

"notice of claim" means a notice referred to in section 32 ;

"payment claim" means a claim referred to in section 14 ;

"payment schedule" means a schedule referred to in section 15 ;

"principal" means a principal referred to in section 31;

S. 4 def. of progress payment substituted by No. 42/2006 s. 5(c).

"progress payment" means a payment to which a person is entitled under section 9, and includes (without affecting that entitlement)—

        (a)         the final payment for—

              (i)     construction work carried out under a construction contract; or

              (ii)     related goods and services supplied under the contract; or

        (b)     a single or one-off payment for—

              (i)     construction work carried out under a construction contract; or

              (ii)     related goods and services supplied under the contract; or

        (c)     a payment that is based on an event or date (known in the building and construction industry as a "milestone payment");

Note

The amount of a progress payment is calculated in accordance with sections 10, 10A, 10B and 11.

"recognised financial institution" means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

related goods and services has the meaning given in section 6 ;

"respondent" means a person on whom a payment claim is served under section 14;

S. 4 def. of review adjudicator inserted by No. 42/2006 s. 5(a).

review adjudicator in relation to an adjudication review application, means the adjudicator appointed in accordance with this Act to determine the application;

S. 4 def. of review determination inserted by No. 42/2006 s. 5(a).

review determination means the determination made by a review adjudicator under section 28I in respect of an adjudication review application;

S. 4 def. of scheduled amount amended by No. 42/2006 s. 5(d).

"scheduled amount" means the amount of a progress payment that is proposed to be made under a payment schedule, as referred to in section 15 ;

S. 4 def. of variation inserted by No. 42/2006 s. 5(a).

"variation" in relation to a construction contract, means a change in the scope of the construction work to be carried out, or the related goods and services to be supplied, under the contract.



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