Building Industry Fairness (Security of Payment) Act 2017 — partly uncommenced (Qld)

Building Industry Fairness (Security of Payment) Act 2017

An Act to provide for the security of payment in the building and construction industry by providing for effective, efficient, and fair processes for securing payment

Chapter 1 Preliminary

Part 1 Introduction

1 Short title This Act may be cited as the Building Industry Fairness (Security of Payment) Act 2017.

2 Commencement (1) Chapter 9, part 1, divisions 1 to 4 commence on a day to be fixed by proclamation. (2) The Acts Interpretation Act 1954, section 15DA does not apply to chapter 9, part 1, divisions 1 to 4. Note— The Acts Interpretation Act 1954, section 15DA, provides for the automatic commencement of certain Acts 1 year after they are assented to.

3 The main purpose of Act (1) The main purpose of this Act is to help people working in the building and construction industry in being paid for the work they do. (2) The main purpose of this Act is to be achieved primarily by— (a) requiring the use of statutory trusts for particular contracts related to the building and construction industry; and (b) granting an entitlement to progress payments, whether or not the relevant contract makes provision for progress payments; and (c) establishing a procedure for— (i) making payment claims; and (ii) responding to payment claims; and (iii) the adjudication of disputed payment claims; and (iv) the recovery of amounts claimed; and (d) enabling the use of a statutory charge in favour of subcontractors for payment of the work they do.

Part 2 Application and operation of Act

4 Act binds all persons This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.