Building and Construction Industry Security of Payment Act 2009 (Tas)

Building and Construction Industry Security of Payment Act 2009

An Act to provide for progress payments to be made in a timely fashion under building or construction contracts or contracts for the supply of goods and services relating to building or construction, for disputes in relation to such payments to be adjudicated in a timely and informal way, to repeal the Contractors' Debts Act 1939 , and for related purposes [Royal Assent 17 December 2009]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Building and Construction Industry Security of Payment Act 2009 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Object The object of this Act is to ensure that any person who undertakes to carry out building work or construction work (or who undertakes to supply building or construction-related goods and services) under a building or construction contract, including such a contract that relates to a residential structure, is entitled to receive, and is able to recover, progress payments in relation to the work or goods and services.

4. Interpretation In this Act, unless the contrary intention appears – adjudicated amount means the amount of a progress payment that an adjudicator determines to be payable under section 25 ; adjudication application means an application made under section 21 ; adjudication certificate means an adjudication certificate issued under section 26(4) ; adjudication fees means fees or expenses charged by a nominating authority under section 32 or by an adjudicator under section 37 ; adjudication response means a response lodged with an adjudicator under section 23 ; adjudicator, in relation to an adjudication application, means a person who has accepted under section 22(4) a referral of the adjudication application; building includes a proposed building or part of a building and a building that is able to be relocated; Building Code of Australia means the code produced by the Australian Building Codes Board relating to the design and construction of buildings; building or construction contract means a contract, or other arrangement, under which one party undertakes to carry out building work or construction work for, or to supply building or construction-related goods and services to, another party; building or construction-related goods and services has the meaning it has in section 6 ; building work or construction work has the meaning it has in section 5 ; claimant means a person by whom a payment claim is served under section 17 ; claimed amount means – (a) an amount of a progress payment claimed, in accordance with section 17 , in a payment claim, to be due for building work or construction work carried out or for building or construction-related goods and services supplied; or (b) any other amount specified in the payment claim in accordance with section 17(3) ; due date, in relation to a progress payment, means the due date for the progress payment as determined in accordance with section 15 ; fire safety system includes any one or more of the following: (a) booster assemblies; (b) fire mains, hydrants and hose reels; (c) sprinklers; (d) fire and smoke alarms; (e) fire control centres; (f) structures or devices to mitigate the fire hazard in respect of special fire hazard buildings within the meaning of the Building Regulations 2014 ; (g) stairwell pressurisation; (h) air-handling systems; (i) smoke and heat vents; nominating authority means a person who is authorised to be a nominating authority under section 31(2) ; payment claim means a claim made under section 17 ; payment schedule means a payment schedule provided to a claimant under section 18 ; plumbing installation means – (a) a system of water supply; or (b) a system of sewage or sullage drainage or disposal; or (c) a system of stormwater drainage, roof drainage or trade waste; or (d) an on-site waste water management system; progress payment means a progress payment to which a person is entitled under section 12 and includes – (a) the final payment for building work or construction work carried out, or for building or construction-related goods and services supplied, under a building or construction contract; and (b) a single or one-off payment for carrying out building work or construction work, or supplying building or construction-related goods and services, under a building or construction contract; and (c) a payment that is based on an event or date; recognised financial institution means – (a) an authorised deposit-taking institution; or (b) a "body regulated by APRA" within the meaning of the Australian Prudential Regulation Authority Act 1998 of the Commonwealth; or (c) a prescribed person or body, or a member of a prescribed type of persons or bodies; reference date, in relation to a building or construction contract, means – (a) a date determined by, or in accordance with, the terms of the contract as the date on which a claim for a progress payment may be made in relation to – (i) work carried out, or undertaken to be carried out, under the contract; or (ii) building or construction-related goods and services supplied, or undertaken to be supplied, under the contract; or (b) if the contract does not expressly provide for such a date, the last day of each month in which – (i) building work or construction work is carried out under the contract; or (ii) building or construction-related goods and services are supplied under the contract; residential structure means a building or structure that is a class 1 or a class 10 building or structure within the meaning of the Building Code of Australia, as in force from time to time; respondent means a person on whom a payment claim is served under section 17 ; road infrastructure means – (a) any land that is to be used as a road (whether public or private); or (b) any land that is to be used as a footpath, bike path or public thoroughfare for pedestrians or vehicles; or (c) any structures or works that are associated with, or co-located with, such a road, path or thoroughfare, including – (i) kerbing, guttering, roundabouts, median strips and barriers; and (ii) parking places or facilities; and (iii) bridges, viaducts and tunnels; and (iv) other works carried out in, on, under or over a road, path or thoroughfare; scheduled amount means the amount of a progress payment that is proposed to be made under a payment schedule; Security of Payments Official means the person who, in accordance with section 30 , is the Security of Payments Official; structure includes a proposed structure, part of a structure and a temporary structure; temporary structure includes any – (a) booth, tent or other temporary enclosure, whether or not a part of the booth, tent or enclosure is permanent; and (b) temporary seating structure; and (c) stage, platform, or tower, that is temporary; and (d) temporary bridge; and (e) structure that does not form part of the land and is temporary; and (f) structure of a prescribed type.