Building Industry Fairness (Security of Payment) Bill 2017 (Qld)

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, and to amend this Act, the Building Act 1975, the Judicial Review Act 1991, the Plumbing and Drainage Act 2002 and the Queensland Building and Construction Commission Act 1991 for particular purposes, and to repeal the Building and Construction Industry Payments Act 2004 and the Subcontractors' Charges Act 1974 The Parliament of Queensland enacts—

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) This Act, other than the following provisions, commences by proclamation— • chapter 9, part 1, division 1 • chapter 9, parts 2 and 3 • sections 250 to 256, 260 to 265, 266(2) and (3), 267(2) and (3), 270 to 277, 279, 280, 282 to 285, 288 to 297, 299 to 303 and 305 • section 307(2), other than to the extent it inserts new definition minimum financial requirements. (2) The Acts Interpretation Act 1954, section 15DA does not apply to chapter 9, part 1, division 2 or 3. 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 project bank accounts for particular building contracts; 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.