{"id":"sr:building-and-construction-industry-security-payment-regulations-2023","name":"Building and Construction Industry Security of Payment Regulations 2023","slug":"building-and-construction-industry-security-of-payment-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185908,"registerId":"vic-sr:building-and-construction-industry-security-payment-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building and Construction Industry Security of Payment Regulations 2023","content":"Version No. 001\n\n**Building and Construction Industry Security of Payment Regulations 2023**\n\n**S.R. No. 34/2023**\n\nVersion as at  \n27 May 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definition 1\n\n6 Notice of intention to exercise lien 1\n\n7 Notice of claim 2\n\n8 Debt certificate 2\n\n9 Discharge notice 2\n\n10 Notice of names of persons from whom claimant may recover 2\n\nSchedule 1—Forms 3\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Explanatory details 11\n\n**Version No.** **001**\n\n**Building and Construction Industry Security of Payment Regulations 2023**\n\n**S.R. No. 34/2023**\n\nVersion as at  \n27 May 2023\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe forms for the purposes of the **Building and Construction Industry Security of Payment Act 2002**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 52 of the **Building and Construction Industry Security of Payment Act 2002**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 27 May 2023.\n\n\t4 Revocation\n\nThe Building and Construction Industry Security of Payment Regulations 2013[[1]](#endnote-1) are **revoked**.\n\n\t5 Definition\n\nIn these Regulations, ***the Act*** means the **Building and Construction Industry Security of Payment Act 2002**.\n\n\t6 Notice of intention to exercise lien\n\nFor the purposes of section 12A of the Act, the prescribed form of a notice of intention to exercise a lien is Form 1 in Schedule 1.\n\n\t7 Notice of claim\n\nFor the purposes of section 32(2) of the Act, the prescribed form of a notice of claim is Form 2 in Schedule 1.\n\n\t8 Debt certificate\n\nFor the purposes of section 33(2) of the Act, the prescribed form of a debt certificate is Form 3 in Schedule 1.\n\n\t9 Discharge notice\n\nFor the purposes of section 40(2) of the Act, the prescribed form of a discharge notice is Form 4 in Schedule 1.\n\n\t10 Notice of names of persons from whom claimant may recover\n\nFor the purposes of section 41(1) of the Act, the prescribed form of a notice is Form 5 in Schedule 1.\n\nSchedule 1—Forms\n\nForm 1\n\nRegulation 6\n\nBuilding and Construction Industry Security of Payment Regulations 2023\n\nNotice of Intention to Exercise Lien\n\nSection 12A(1) of the **Building and Construction Industry Security of Payment Act 2002**\n\nTo: [*name and address of ordinary place of business of respondent*]\n\nUnder section 12(1) of the **Building and Construction Industry Security of Payment Act 2002** (***the Act***), a progress payment became due and payable to me by you under the construction contract between you and me dated [*insert date and other information identifying the construction contract*].\n\nThe progress payment became due and payable on [*insert date*] *in accordance with the terms of the construction contract/*because 10 business days have passed since [*insert date of service*] being the date on which I served a payment claim on you.\n\nThe progress payment is in respect of the following *construction work carried out/*related goods and services supplied by me under the construction contract:\n\n[*insert details of construction work, including the time and place the work was carried out, OR details of related goods and services supplied, including the time and place they were supplied, OR details of both*]\n\nI supplied the following *unfixed plant/*materials in connection with carrying out the construction work under the construction contract:\n\n[*clearly identify the unfixed plant or materials to which this notice refers*]\n\nAt the date of this notice, I have not received the progress payment. Accordingly, I intend to exercise a lien in respect of the unpaid amount of the progress payment over the *unfixed plant/*materials listed above.\n\nThe lien will be extinguished when I receive the progress payment.\n\nDated:\n\nSignature of claimant:\n\n[*Print name and address of ordinary place of business of claimant*]\n\n*delete whichever is not applicable\n\nForm 2\n\nRegulation 7\n\nBuilding and Construction Industry Security of Payment Regulations 2023\n\nNotice of Claim\n\nSection 32(2) of the **Building and Construction Industry Security of Payment Act 2002**\n\nTo: [*name and address of ordinary place of business of principal*]\n\nAn *adjudicator/*review adjudicator has determined that an adjudicated amount is payable by [*insert name and address of ordinary place of business of respondent*] (***the*** ***respondent***) to me, in respect of a construction contract dated [*insert relevant date of contract*] between the respondent and me. The adjudicated amount is in respect of:\n\n[*insert details of construction work, including the time and place the work was carried out, OR details of related goods and services supplied, including the time and place they were supplied, OR details of both*]\n\nA debt certificate has been issued under section 33 of the **Building and Construction Industry Security of Payment Act 2002** (***the Act***) by the [*insert name of Court*] dated [*insert date certificate was issued*]. A copy of the debt certificate is attached.\n\nUnless, on your application, a court grants a stay of payments under section 37 of the Act, section 35 of the Act provides that, after this notice of claim is served on you, you are required to pay me the amount you owe to the respondent under a related contract with the respondent. The amount you are required to pay me is set out in the attached debt certificate.\n\nYou are required to pay this amount by making payments to me as they become payable under the related contract with the respondent  \n(see section 35 of the Act).\n\nIf you fail to make any payment in accordance with section 35 of the Act, I am entitled under section 38 of the Act to sue you and recover the debt.\n\nDated:\n\nSignature of claimant:\n\n[*Print name and address of ordinary place of business of claimant*]\n\n*delete whichever is not applicable\n\n(See attached debt certificate)\n\nForm 3\n\nRegulation 8\n\nBuilding and Construction Industry Security of Payment Regulations 2023\n\nDebt Certificate\n\nSection 33(2) of the **Building and Construction Industry Security of Payment Act 2002**\n\nIN THE [*name of Court*] of VICTORIA\n\nAT [*insert place*]\n\nIn proceedings between:\n\n[*name of claimant*] (\"Claimant\")\n\nof [*address of ordinary place of business of claimant*]\n\nand\n\n[*name of respondent*] (\"Respondent\")\n\nof  [*address of ordinary place of business of respondent*]  \n\nORDER\n\nOn the application of the Claimant under section 33 of the **Building and Construction Industry Security of Payment Act 2002**, judgment having been *given/*entered in  these proceedings on [*insert date of judgment*]  for the recovery of [*insert adjudicated*  *amount*], being an adjudicated amount, IT IS CERTIFIED that the amount of [*insert judgment amount*]  is a debt owed by the Respondent to the Claimant.\n\nDate of issue: [*insert relevant date*]\n\n[*Signature of relevant court officer*]\n\n[*Court seal*]\n\n*delete whichever is not applicable\n\nForm 4\n\nRegulation 9\n\nBuilding and Construction Industry Security of Payment Regulations 2023\n\nDischarge Notice\n\nSection 40(2) of the **Building and Construction Industry Security of Payment Act 2002**\n\nTo: [*name and address of ordinary place of business of *principal/*respondent*]\n\nFor the purposes of section 40(2) of the **Building and Construction Industry Security of Payment Act 2002** (***the Act***), I acknowledge your payment of $ to me as *partial/*full discharge of the amount owed to me specified in the debt certificate issued by the [*insert name of Court*] under section 33 of the Act on [*insert date debt certificate issued*]. A copy of the debt certificate is attached.\n\nDated:\n\nSignature of claimant:\n\n[*Print name and address of ordinary place of business of claimant*]\n\n*delete whichever is not applicable\n\n(See attached debt certificate)\n\nForm 5\n\nRegulation 10\n\nBuilding and Construction Industry Security of Payment Regulations 2023\n\nNotice of Person from Whom Claimant may Recover\n\nSection 41(1) of the **Building and Construction Industry Security of Payment Act 2002**\n\nTo: [*name and address of ordinary place of business of claimant*]\n\nFor the purposes of section 41(1) of the **Building and Construction Industry Security of Payment Act 2002** (***the Act***), in response to your demand of [*insert date of demand*] for this notice, I notify you that, under a contract with the following *person/*persons:\n\n[*insert name(s) of person(s)*]\n\nI have *carried out the following construction work/*supplied the following related goods and services:\n\n[*insert details of construction work, including the time and place the work was carried out, OR details of the goods and services, including the time and place they were supplied, OR details of both*]\n\nI provide this notice in the knowledge that, if I give it knowing that it is false or misleading in a material particular, I am guilty of an offence and liable to a penalty under section 41(2) of the Act.\n\nDated:\n\nSignature of respondent:\n\n[*Print name and address of ordinary place of business of respondent*]\n\n*delete whichever is not applicable\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Building and Construction Industry Security of Payment Regulations 2023, S.R. No. 34/2023 were made on 23 May 2023 by the Governor in Council under section 52 of the **Building and Construction Industry Security of Payment Act 2002**, No. 15/2002 and came into operation on 27 May 2023: regulation 3.\n\nThe Building and Construction Industry Security of Payment Regulations 2023 will sunset 10 years after the day of making on 23 May 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Building and Construction Industry Security of Payment Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 56/2013. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: prescribing forms for the parent Act. The 2023 version simply updates the 2013 regulations without expanding into new substantive areas."},"complexity_factors":["Only 10 regulations, with 5 being simple form-prescription provisions","Single defined term ('the Act')","No conditional logic, exceptions, or cross-referencing beyond pointing to specific sections of the parent Act","Content is primarily template forms with fill-in-the-blank fields","Straightforward revocation of previous regulations (2013 version) without transitional provisions","No delegated powers or sub-delegation"],"plain_english_summary":"This is a short, technical piece of Victorian subordinate legislation (regulations) that supports the main **Building and Construction Industry Security of Payment Act 2002**.\n\n**What it does:**\nThe Regulations prescribe the official forms that builders, contractors, and suppliers must use when exercising specific legal rights under the Act. These forms are like 'templates' that ensure everyone provides the correct information in a consistent way.\n\n**The five forms cover:**\n\n*   **Form 1 — Notice of Intention to Exercise Lien:** Lets a contractor notify a client they intend to hold onto unfixed materials or plant (equipment) on-site until they get paid. A **lien** is a legal right to keep someone else's property until a debt is paid.\n*   **Form 2 — Notice of Claim:** Used when a contractor has won an adjudication (a fast-track dispute decision) and wants to claim money owed by a higher-up party in the construction chain (like a head contractor or developer).\n*   **Form 3 — Debt Certificate:** A court-issued certificate that turns an adjudicator's decision into a formal debt that can be enforced like a court judgment.\n*   **Form 4 — Discharge Notice:** Acknowledges that a debt has been partially or fully paid, releasing the payer from further obligation.\n*   **Form 5 — Notice of Names of Persons from Whom Claimant may Recover:** Requires a respondent to name other parties they have contracts with, so the claimant can potentially recover money from further up the payment chain.\n\n**Who it affects:**\nAnyone in the Victorian building and construction industry using the 'Security of Payment' system to chase unpaid invoices — including subcontractors, head contractors, suppliers, and developers.\n\n**Why it matters:**\nUsing the correct forms is mandatory. If you don't use these specific templates, your legal notices may be invalid, meaning you could lose your right to claim payment or enforce a lien."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations do not alter the substantive scope of the Building and Construction Industry Security of Payment Act 2002. Their sole stated objective is to prescribe standard forms for actions under the Act (reg 1) and they revoke the 2013 Regulations (reg 4). The instrument standardises how statutory notices and debt certificates are expressed (regs 6–10; Schedule 1) but does not create new rights or obligations beyond those in the Act."},"complexity_factors":["Narrow, procedural purpose: regulations only prescribe forms rather than substantive law (reg 1).","Direct cross-references to multiple Act sections — regs 6–10 tie each form to specific Act provisions (ss 12A, 32(2), 33(2), 40(2), 41(1)).","Forms contain selectable/ deletable options and require specific contract and factual details, increasing drafting and compliance risk for users (Schedule 1 Forms 1–5).","Practical complexity arises from needing to understand the Act to use forms correctly (Forms refer to consequences under ss 35, 37, 38 and court-issued debt certificates).","Procedural change only: revokes prior 2013 Regulations, so practitioners must switch templates and procedures (reg 4).","Temporal constraint: instrument will sunset per subordinate legislation rules noted in endnotes, affecting long‑term planning."],"plain_english_summary":"These Regulations prescribe the exact forms to be used under the Building and Construction Industry Security of Payment Act 2002, replacing the 2013 Regulations and commencing on 27 May 2023. They affect claimants, respondents, principals and courts in construction payment disputes by standardising notices (liens, claims, discharge), debt certificates and notices of recovery. Using the prescribed forms is required to trigger or respond to the Act’s statutory procedures and obligations (regs 6–10; Forms 1–5)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient content was provided in the document to assess whether the scope changed from the original legislative intent. The document appears to contain only structural metadata and repeated headers rather than substantive regulatory provisions."},"complexity_factors":["The document as provided is largely incomplete — mostly repeated headers and version metadata — making substantive analysis impossible","Security of payment legislation generally involves multi-step adjudication processes with strict timeframes that can be difficult to navigate","Regulations of this type typically interact with and depend on a parent Act, requiring readers to consult multiple documents","Construction industry payment law involves specialised terminology (e.g. payment claims, payment schedules, adjudication) that laypeople may find confusing","Scored conservatively low due to insufficient content being available for review"],"plain_english_summary":"These regulations spell out the practical rules that implement the Building and Construction Industry Security of Payment Act — who they affect (builders, subcontractors, tradespeople, developers) and how the payment-protection system operates in practice (timeframes, forms and notices, adjudication procedure, fees and administration). They matter because they give workers fast, lower-cost ways to recover unpaid progress payments and keep cash flowing on construction projects.\n\nNote: the provided document appears incomplete, so specific regulatory details could not be verified."}},"importantCases":[],"_links":{"self":"/api/acts/building-and-construction-industry-security-of-payment-regulations-2023","history":"/api/acts/building-and-construction-industry-security-of-payment-regulations-2023/history","analysis":"/api/acts/building-and-construction-industry-security-of-payment-regulations-2023/analysis","conflicts":"/api/acts/building-and-construction-industry-security-of-payment-regulations-2023/conflicts","importantCases":"/api/acts/building-and-construction-industry-security-of-payment-regulations-2023/important-cases","documents":"/api/acts/building-and-construction-industry-security-of-payment-regulations-2023/documents"}}