Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
Division 1 -- Introductory
1. Short title
2. Commencement
3. Object of Act
Division 2 -- Interpretation
4. Terms used
5. Term used: construction contract
6. Term used: construction work
7. Term used: related goods and services
8. Value of construction contract
Division 3 -- Application of Act
9. Construction contracts to which Act applies
10. Construction contracts to which Act does not apply
11. Act binds Crown
PART 2 -- Construction contracts and right to progress payments
Division 1 -- Form and content of construction contracts
12. Model forms of construction contracts
13. Construction contracts that are to be in writing and contain mandatory information
14. Prohibited terms: pay when paid provisions
15. Other prohibited terms prescribed by regulations
16. Notice-based time bar has no effect if declared unfair in particular case
Division 2 -- Right to progress payments
17. Right to progress payments
18. Amount of progress payment
19. Valuation of construction work and related goods and services
20. Due date for payment
21. Interest on payment after due date
PART 3 -- Procedure for obtaining progress payments
Division 1 -- Payment claims and schedules
22. Making payment claims
23. When payment claims may be made
24. Content of payment claims
25. Response to payment claim: payment schedule
26. Claimed amount becomes payable if payment schedule not duly given
27. Consequences of not paying claimed or scheduled amount
Division 2 -- Adjudication of payment disputes
28. When claimant may apply for adjudication of payment claim
29. To whom adjudication application made
30. Requirements relating to adjudication application
31. Withdrawal of adjudication application
32. Appointment of adjudicator
33. Disqualification of adjudicator with conflict of interest in adjudication application
34. Adjudication response
35. Adjudication procedures
36. Jurisdiction to make determination, frivolous or vexatious applications and complex applications
37. Time allowed for adjudicator to determine adjudication application
38. Adjudicator’s determination
Division 3 -- Review of adjudications
39. When claimant or respondent may apply for review of adjudication
40. Adjudicated amount in dispute to be paid into trust account before respondent may make adjudication review application
41. To whom adjudication review application made
42. Requirements relating to adjudication review application
43. Withdrawal of adjudication review application
44. Appointment of review adjudicator
45. Adjudication review response
46. Adjudication review procedures
47. Time allowed for review adjudicator to determine adjudication review application
48. Review adjudicator’s determination
Division 4 -- Adjudication fees and expenses
49. Terms used
50. Adjudication fees and expenses
51. Miscellaneous provisions relating to adjudication fees and expenses
Division 5 -- Payment and recovery of adjudicated and other amounts
52. Requirement to pay adjudicated amount or to repay excess amount
53. Certification of determination if adjudicated amount not paid or excess amount not repaid
54. Certified copy of determination enforceable as monetary judgment
55. Effect of this Part on civil proceedings
Division 6 -- Claimant’s rights with respect to performance security
56. Terms used
57. Right to receive notice before recourse to performance security
58. Right to release of performance security
59. Right to substitute performance security
60. Requirements for compliant performance bond for substitution of performance security
61. Application of Division where third parties involved in performance securities
Division 7 -- Claimant’s right to suspend work or supply
62. Claimant’s right to suspend work or supply for non-payment
63. Provisions relating to suspension of work or supply
Division 8 -- Claimant’s right to lien
64. Lien over unfixed plant and materials in respect of unpaid progress payments
Division 9 -- Miscellaneous provisions relating to payment claims
65. Threatening or intimidating claimants or persons entitled to make claim
66. Jurisdictional error in determination of adjudicator or review adjudicator
67. No appeal or review of determination of adjudicator or review adjudicator except under this Part
68. Application of Part to corporate claimant in liquidation
PART 4 -- Retention money trusts
69. Terms used
70. Construction contracts to which Part applies
71. Retention money to be held on trust
72. Beneficial interests of parties to contract in retention money trusts
73. Requirement to draw down debt facility or otherwise set aside retention money required to be held on trust
74. Establishment of retention money trust accounts and payments into trust accounts
75. Requirements relating to establishment of retention money trust accounts
76. Withdrawals from retention money trust accounts
77. Decisions on payments into or out of retention money trust accounts by adjudicators, courts, arbitrators and experts
78. Trust account interest and fees
79. Trust records
80. Power to employ agents
81. Recognised financial institutions not subject to certain obligations and liabilities
82. Application of Personal Property Securities Act 2009 (Cwlth)
83. Trusts under this Part prevail over construction or other contracts
84. General jurisdiction of courts to supervise trusts preserved
85. Application of Trustees Act 1962
86. Indemnity of trustee from trust under this Part
87. Offence for failure to comply with certain requirements of this Part
PART 5 -- Nominating authorities, adjudicators and review adjudicators
Division 1 -- Authorisation of nominating authorities
88. Application for authorisation
89. Maximum number of persons who may be authorised
90. Authorisation of nominating authorities
91. Eligibility to be authorised
92. Conditions of authorisation
93. Term of authorisation
94. Revocation of authorisation
95. Review by State Administrative Tribunal of decisions of Building Commissioner
96. Information to be provided to Building Commissioner by authorised nominating authorities
97. Code of practice for nominating authorities
98. Making and determining applications for authorisation before commencement of Division
Division 2 -- Registration of adjudicators and review adjudicators
99. Registration of individual as adjudicator, review adjudicator or both
100. Application for registration
101. Registration as adjudicator or review adjudicator
102. Eligibility to be registered
103. Conditions of registration
104. Renewal of registration
105. Term of registration
106. Suspension or cancellation of registration
107. Public register of adjudicators and review adjudicators
108. Review by State Administrative Tribunal of decisions of Building Commissioner
109. Code of practice for adjudicators and review adjudicators
110. Transitional registration on commencement of Division
PART 6 -- Miscellaneous
111. No contracting out
112. Immunity from civil liability
113. Service of documents
114. Approved forms
115. Annual report on operation of Act
116. Use or disclosure of confidential information
117. Criminal proceedings generally
118. Liability of directors and others for offences by bodies corporate
119. Regulations
120. Review of Act
PART 7 -- Consequential amendments to other Acts
Division 1 -- Building Services (Complaint Resolution and Administration) Act 2011 amended
121. Act amended
122. Section 3 amended
123. Section 70 amended
124. Section 71 amended
Division 2 -- Building Services (Registration) Act 2011amended
125. Act amended
126. Section 3 amended
127. Section 18 amended
128. Section 32A inserted
129. Section 53 amended
130. Section 57 amended
131. Section 58 amended
132. Section 59 amended
133. Part 5A inserted
134. Section 64 amended
Division 3 -- Construction Contracts Act 2004 amended
135. Act amended
136. Section 1 amended
137. Section 7 amended
138. Section 48 amended
139. Section 52 deleted
Division 4 -- Procurement Act 2020 amended
140. Act amended
141. Section 4 amended
Defined terms
[Assented to 25 June 2021]