{"id":"construction-contracts-security-of-payments-regulations-2005","name":"CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) REGULATIONS 2005","slug":"construction-contracts-security-of-payments-regulations-2005","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174514,"registerId":"nt-construction-contracts-security-of-payments-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) REGULATIONS 2005","content":"NORTHERN TERRITORY OF AUSTRALIA\nCONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS)\nREGULATIONS 2005\nAs in force at 25 May 2024\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Contact details ................................................................................. 1\n5 Prescribed appointers ...................................................................... 2\n5A High value construction contract amount ......................................... 2\n5B High value construction contract dispute resolution\nmechanism ...................................................................................... 2\n6 Information in application for adjudication ....................................... 3\n7 Information in response to application ............................................. 3\n8 Information in adjudicator's decision ................................................ 3\n9 Interest rates.................................................................................... 4\n10 Information for notice of intention to suspend performance of\nobligations ....................................................................................... 4\n11 Eligibility for registration ................................................................... 4\n12 Information to be included in application or nomination for\nregistration ....................................................................................... 6\n12A Information to be included in application or nomination for\nrenewal of registration ..................................................................... 6\n13 Fee for application or nomination .................................................... 7\n14 Information to be given by registered adjudicator ............................ 7\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 May 2024\n____________________\nCONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS)\nREGULATIONS 2005\nRegulations under the Construction Contracts (Security of Payments)\nAct 2004\n1 Citation\nThese Regulations may be cited as the Construction Contracts\n(Security of Payments) Regulations 2005.\n2 Commencement\nThese Regulations come into operation on the commencement of\nsection 64 of the Construction Contracts (Security of Payments)\nAct 2004.\n3 Definitions\nIn these Regulations:\nABN has the same meaning as in the A New Tax System\n(Australian Business Number) Act 1999 (Cth).\nACN has the same meaning as in the Corporations Act 2001.\ncontact details has the meaning in regulation 4.\n4 Contact details\nA person who is required to give the contact details of a person\nmust give the following details, but only to the extent those details\nare known to the person:\n(a) the address and telephone and facsimile numbers of the\nperson;\n(b) the ABN number of the person or the person's business or, if\nthe person does not have an ABN, the ACN of the person.\n\nConstruction Contracts (Security of Payments) Regulations 2005 2\n5 Prescribed appointers\nFor section 4 of the Act, definition prescribed appointer, each of\nthe following persons is prescribed:\n(a) The Royal Australian Institute of Architects Limited\nACN 000 023 012;\n(b) Housing Industry Association Limited ACN 004 631 752;\n(d) RICS Australasia Pty Ltd ACN 089 873 067 trading as\nRICS Dispute Resolution Service;\n(e) Law Society Northern Territory;\n(f) The Institute of Arbitrators & Mediators Australia\nACN 008 520 045;\n(g) Resolution Institute ACN 008 651 232;\n(h) The Australian Institute of Quantity Surveyors\nACN 008 485 809;\n(i) Master Builders Northern Territory Limited ACN 627 299 414.\n5A High value construction contract amount\nFor section 4A of the Act, definition high value construction\ncontract, the amount prescribed is 500 000 000 monetary units.\n5B High value construction contract dispute resolution\nmechanism\nFor section 10A(1)(b) of the Act, a dispute resolution mechanism\nmust:\n(a) provide a process for the parties to the high value construction\ncontract to undertake a dispute resolution; and\n(b) require that the parties undertake the dispute resolution:\n(i) in good faith; and\n(ii) in a timely manner; and\n(c) require that, in the event that the payment dispute is not\nresolved within 45 working days, payments between the\nparties (and to third parties) under the contract continue\npending resolution of the payment dispute by a court or\narbitration process; and\n\nConstruction Contracts (Security of Payments) Regulations 2005 3\n(d) state that the dispute resolution mechanism continues to apply\neven if the contract has expired or has been terminated; and\n(e) be set out in a clear and unambiguous manner.\n6 Information in application for adjudication\nFor section 28(2)(a) of the Act, an application for adjudication must,\nin addition to the other information required by section 28(2) of the\nAct, contain:\n(a) the name and contact details of the appointed adjudicator or\nprescribed appointer; and\n(b) the applicant's name and contact details; and\n(c) the name and contact details of each other party to the\ncontract.\n7 Information in response to application\nFor section 29(2)(a) of the Act, a response to an application for\nadjudication must, in addition to the other information required by\nsection 29(2) of the Act, contain:\n(a) the name and contact details of the appointed adjudicator or\nprescribed appointer; and\n(b) the applicant's name and contact details; and\n(c) the respondent's name and contact details.\n8 Information in adjudicator's decision\nFor section 38(1)(b) of the Act, an appointed adjudicator's decision\nmust, in addition to the other information required by section 38(1)\nof the Act, contain:\n(a) the name of the adjudicator; and\n(b) the applicant's name and contact details; and\n(c) the respondent's name and contact details; and\n(d) the date and any identification number of the adjudicator's\ndetermination.\n\nConstruction Contracts (Security of Payments) Regulations 2005 4\n9 Interest rates\nFor sections 35(1)(b) and 41(2) of the Act and clause 7 of the\nSchedule to the Act, the interest rate is the rate fixed from time to\ntime for section 85 of the Supreme Court Act 1979.\n10 Information for notice of intention to suspend performance of\nobligations\nFor section 44(2)(a) of the Act, a contractor's notice of intention to\nsuspend the performance of its obligations must, in addition to the\nother information required by section 44(2) of the Act, contain:\n(a) the name of the appointed adjudicator;\n(b) the principal's name and contact details;\n(c) the contractor's name and contact details;\n(d) the date and any identification number of the adjudicator's\ndetermination;\n(e) the amount to be paid to the contractor under the\ndetermination; and\n(f) the date by which the principal must pay that amount under\nthe determination.\n11 Eligibility for registration\n(1) For section 52(1) of the Act, a natural person is eligible to be a\nregistered adjudicator if the person has the qualifications and\nexperience stated in subregulations (3) to (5).\n(2) However, the person must not be registered if the person is a\ndisqualified person under subregulations (6) to (8).\n(3) The person must:\n(a) hold a degree from a university or other tertiary institution in\nAustralia in any of the following courses:\n(i) architecture;\n(ii) building;\n(iii) building surveying;\n(iv) construction;\n(v) engineering;\n\nConstruction Contracts (Security of Payments) Regulations 2005 5\n(vi) law;\n(vii) project management;\n(viii) quantity surveying; or\n(b) have an equivalent qualification from a university or other\ntertiary institution outside Australia; or\n(c) be eligible for membership of any of the following bodies:\n(i) The Royal Australian Institute of Architects Limited\nACN 000 023 012;\n(ii) Australian Institute of Building Surveyors\nACN 004 540 836;\n(iii) The Institution of Engineers Australia;\n(iv) Law Society Northern Territory;\n(v) The Institute of Arbitrators & Mediators Australia\nACN 008 520 045;\n(vi) Resolution Institute ACN 008 651 232;\n(vii) Australian Institute of Project Management\nACN 001 443 303;\n(viii) The Australian Institute of Quantity Surveyors\nACN 008 485 809; or\n(d) be registered under the Building Act 1993 in the category of\nbuilding contractor.\n(4) For subregulation (3)(b), 2 qualifications are equivalent if the\ncourses of study to attain them cover approximately the same\nmatters.\n(5) The person must:\n(a) have at least 5 years experience in:\n(i) administering construction contracts; or\n(ii) dispute resolution relating to construction contracts; and\n(b) have successfully completed a training course that, in the\nopinion of the Registrar, qualifies the person to be an\nadjudicator under the Act.\n\nConstruction Contracts (Security of Payments) Regulations 2005 6\n(6) The person is a disqualified person if the person:\n(a) is an undischarged bankrupt; or\n(b) has applied to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(c) has compounded with creditors or made an assignment of the\nperson's remuneration for their benefit; or\n(d) is disqualified from registration under a law of a State or\nTerritory in a profession mentioned in subregulation (3)(a); or\n(e) is unsuitable to conduct adjudications under Part 3 of the Act.\n(7) For subregulation (6)(e), in deciding whether the person is\nunsuitable to conduct adjudications, the Registrar must have regard\nto the criminal history check obtained in relation to the person as\nmentioned in regulation 12(2).\n(8) Subregulation (7) does not limit the matters to which the Registrar\nmay have regard in deciding whether a person is unsuitable to\nconduct adjudications.\n12 Information to be included in application or nomination for\nregistration\n(1) For section 52(4C)(a) of the Act, anapplication or nomination under\nsection 52(2) of the Act must:\n(a) state whether the applicant or nominee knows of any reasons\nthat might disqualify the applicant or nominee from registration\nas mentioned in regulation 11(6)(d); and\n(b) if any such reasons are known – state those reasons.\n(2) In addition, the application or nomination must be accompanied by\nan authorisation by the applicant or nominee for the Registrar to\nobtain a criminal history check of the applicant or nominee.\n12A Information to be included in application or nomination for\nrenewal of registration\n(1) For section 52(4C)(a) of the Act, an application or nomination under\nsection 52(4) of the Act must state whether the applicant or\nnominee knows of any material changes to the registered\nadjudicator's eligibility to be registered since being registered under\nsection 52(2) of the Act.\n\nConstruction Contracts (Security of Payments) Regulations 2005 7\n(2) In addition, the application or nomination must be accompanied by\nan authorisation by the applicant or nominee for the Registrar to\nobtain a criminal history check of the applicant or nominee.\n13 Fee for application or nomination\nFor section 52(4C)(b) of the Act, the fee for making of an\napplication or nomination is 115 revenue units.\n14 Information to be given by registered adjudicator\n(1) For section 53A of the Act, the following information is required for\neach application:\n(a) the adjudicator's name;\n(b) if the adjudicator has a registration number given by the\nRegistrar – that number;\n(c) the name and contact details of:\n(i) the applicant for the adjudication; and\n(ii) each other party named in the application;\n(d) the nature of the work done or to be done to which the\napplication for adjudication relates;\n(e) the location of the construction the subject of the contract;\n(f) the amount of the payment claim the subject of the\napplication;\n(g) the date on which the adjudicator was appointed to adjudicate\nthe payment dispute;\n(h) if the adjudicator dismissed the application under\nsection 33(1)(a) of the Act without making a determination –\nthe date of dismissal;\n(i) if the adjudicator made a determination under section 33(1)(b)\nof the Act:\n(i) the amount to be paid or security to be returned; and\n(ia) how the amount in subparagraph (i) was calculated; and\n(ii) the amount of interest payable; and\n(iii) how the amount of interest was calculated;\n\nConstruction Contracts (Security of Payments) Regulations 2005 8\n(j) if the application is taken to be dismissed under section 33(2)\nof the Act – the date of dismissal;\n(k) the following amounts (costs of the adjudication):\n(i) the amount the adjudicator is entitled to be paid under\nsection 46(1A) of the Act;\n(ii) the costs of testing under section 34(2)(c)(ii) of the Act;\n(iii) the costs of engaging an expert under\nsection 34(2)(c)(iii) of the Act;\n(l) the amount each party must pay for the costs of the\nadjudication.\n(2) However, if the adjudicator is disqualified under section 31(1) of the\nAct, the adjudicator must give the Registrar the following\ninformation:\n(a) the details specified in subregulation (1)(a) to (g);\n(b) the date of the disqualification;\n(c) the amount the adjudicator is entitled to be paid under\nsection 46(1A) of the Act.\nNote for subregulation (2)(c)\nUnder section 46(2) of the Act, an adjudicator who is disqualified has the\nentitlements mentioned in section 46(1A) of the Act for any adjudication work\ndone before the disqualification is notified to the parties.\n(3) The information specified in subregulation (1) must be given to the\nRegistrar:\n(a) if the adjudicator has dismissed the application under\nsection 33(1)(a) of the Act – no later than 10 working days\nafter the application is dismissed; or\n(b) if the adjudicator has made a determination under\nsection 33(1)(b) of the Act – at the same time as the\nadjudicator gives a copy of the determination to the Registrar;\nor\n(c) if the application is taken to be dismissed under section 33(2)\nof the Act – no later than 10 working days after the application\nis taken to be dismissed.\n\nConstruction Contracts (Security of Payments) Regulations 2005 9\n(4) The information specified in subregulation (2):\n(a) must be given to the Registrar no later than 10 working days\nafter the disqualification; and\n(b) is in addition to the information required to be given to the\nRegistrar under section 31(2) of the Act.\n\nENDNOTES\nConstruction Contracts (Security of Payments) Regulations 2005 10\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nConstruction Contracts (Security of Payments) Regulations (SL No. 20, 2005)\nNotified 31 May 2005\nCommenced 1 July 2005 (r 2, s 2 Construction Contracts (Security of\nPayments) Act 2004 (Act No. 66, 2004) and Gaz G21,\n25 May 2005, p 3)\nConstruction Contracts (Security of Payments) Amendment Regulations 2010 (SL\nNo. 26, 2010)\nNotified 29 November 2010\nCommenced 29 November 2010\nConstruction Contracts (Security of Payments) Legislation Amendment Act 2019 (Act\nNo. 27, 2019)\nAssent date 3 September 2019\nCommenced 3 February 2020 (Gaz G51, 18 December 2019, p 2)\nConstruction Contracts (Security of Payments) Amendment Regulations 2020\n(SL No. 12, 2020)\nNotified 17 June 2020\nCommenced 17 June 2020\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pts 4 and 8: nc; pts 9 and 10: 1 July 2024 (s 2(3));\nrem: 25 May 2024 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1, 9 and 11.\n\nENDNOTES\nConstruction Contracts (Security of Payments) Regulations 2005 11\n4 LIST OF AMENDMENTS\nr 3 amd No. 26, 2010, r 6\nr 5 amd No. 26, 2010, r 3\nsub No. 12, 2020, r 4\namd Act No. 9, 2024, s 10\nrr 5A – 5B ins Act No. 27, 2019, s 37\nrr 6 – 8 amd No. 26, 2010, r 6\nr 11 amd No. 26, 2010, r 6; No. 12, 2020, r 5\nr 12 sub No. 26, 2010, r 4\namd Act No. 27, 2019, s 38\nr 12A ins Act No. 27, 2019, s 39\nr 13 amd No. 26, 2010, r 6; Act No. 27, 2019, s 40\nr 14 ins No. 26, 2010, r 5\namd Act No. 27, 2019, s 41","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":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations were originally made in 2005 but the version captured here (Regs No. 12, Year 2020) reflects a significant remake or consolidation, with a delayed commencement date of 25 May 2024 — nearly four years after being gazetted in June 2020. This extended gap between gazettal and commencement suggests the scope or application of the regulations was adjusted or that the broader legislative framework was being updated before the regulations took effect, indicating likely expansion or refinement beyond the original 2005 intent."},"complexity_factors":["Regulations act as subordinate legislation to the parent Act, requiring readers to cross-reference both documents to understand the full legal framework","Construction industry payment law involves technical procedural steps with strict timeframes that must be followed precisely","The adjudication process has specific rules that differ from ordinary court proceedings, which may be unfamiliar to laypeople","The document provided contains minimal actual legislative content — the metadata alone makes it difficult to assess the full complexity of the substantive provisions","Long operational history (originally 2005, with updates through to 2020 commencement in 2024) may mean accumulated amendments create inconsistencies or transitional issues"],"plain_english_summary":"These regulations set out how the Construction Contracts (Security of Payments) Act works in the ACT, prescribing the practical rules for fast, out‑of‑court resolution of payment disputes in construction. They affect builders, contractors, subcontractors, developers and owners across the construction supply chain. They matter because they shorten delays and provide a clear, enforceable process for claiming, responding to and adjudicating payment disputes so parties get paid more quickly and disputes are resolved without lengthy court action."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulations have grown significantly beyond their original 2005 scope. The original regulations were relatively narrow, focusing on basic administrative requirements for adjudication. However, amendments in 2010, 2019, and 2020 have added: (1) a comprehensive registration and renewal system for adjudicators with criminal history checks (regulations 11-14); (2) special rules for high-value construction contracts over $500 million (regulations 5A-5B); (3) detailed reporting obligations requiring adjudicators to disclose extensive case information to the Registrar; and (4) expanded prescribed appointer bodies. The 2019 amendments in particular transformed the scheme from a simple procedural framework into a heavily regulated profession with ongoing compliance obligations."},"complexity_factors":["Moderate cross-referencing to the parent Act (Construction Contracts (Security of Payments) Act 2004) — most regulations explicitly reference specific sections of the Act","Multiple defined terms but limited to 3 in the interpretation section (ABN, ACN, contact details), with most technical terms defined by reference to the Act or external legislation","Nested conditions in eligibility requirements (regulation 11) with multiple alternative pathways to qualification plus disqualification triggers","Detailed prescriptive requirements for information disclosure across multiple procedural stages (applications, responses, decisions, notices)","Monetary thresholds use the 'revenue units' and 'monetary units' system rather than fixed dollar amounts, requiring cross-reference to the Acts Interpretation Act for actual values","Temporal complexity in regulation 14 with multiple reporting deadlines depending on case outcome (dismissal vs determination vs deemed dismissal vs disqualification)"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set out the practical details for how the Northern Territory's Construction Contracts (Security of Payments) Act 2004 actually works on the ground. While the Act creates the legal framework for ensuring builders and contractors get paid, these Regulations fill in the specific rules about forms, fees, qualifications, and procedures.\n\n**Who it affects:**\n\n- **Builders, contractors, and subcontractors** working on construction projects in the NT\n- **Property owners and developers** (called \"principals\") who hire them\n- **Adjudicators** — the independent decision-makers who resolve payment disputes quickly\n- **Professional bodies** like Master Builders, the Law Society, and engineering institutes who can appoint adjudicators\n\n**Key things the Regulations cover:**\n\n- **Who can be an adjudicator:** Sets strict requirements — you need a relevant degree (architecture, engineering, law, etc.) or professional membership, plus 5 years' experience in construction contracts or dispute resolution, and you must pass a training course. Bankrupts and certain disqualified people are banned.\n\n- **How to apply for adjudication:** Specifies exactly what information must go in the paperwork — names, contact details, ABN/ACN numbers, and details about the payment dispute.\n\n- **Big projects ($500 million+):** Special rules for \"high value construction contracts\" requiring specific dispute resolution processes that keep payments flowing even during disputes.\n\n- **Fees and registration:** Adjudicators must pay a fee (115 \"revenue units\") to register or renew, and must declare any criminal history or changes to their eligibility.\n\n- **Interest rates:** Ties the interest on overdue payments to the Supreme Court rate.\n\n- **Reporting:** Adjudicators must report detailed information to the Registrar about every case they handle — including amounts awarded, how they calculated decisions, and costs.\n\n**Why it matters:**\n\nThese rules ensure the \"security of payment\" system operates fairly and transparently. Without them, the Act would be unworkable — there would be no qualified adjudicators, no standard forms, and no way to track whether the system is working. For tradies and small contractors especially, this matters because it means they can challenge non-payment through a fast, relatively cheap process rather than going to court."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Since first made, the Regulations have been expanded to add a defined 'high value' contract threshold and prescribe a specific high‑value dispute‑resolution mechanism (rr 5A–5B, inserted 2019). They also introduced/updated registration and reporting rules for adjudicators (rr 11, 12, 12A, 14), modified fees (r 13) and tightened documentary and timing requirements for applications, responses, decisions and suspension notices (rr 6–10). These amendments broaden procedural reach and increase administrative and compliance obligations compared with the earlier instrument."},"complexity_factors":["Numerous cross‑references to the principal Act (e.g. eligibility, adjudication, suspension) which require reading both instruments together (multiple regs: 5A–5B, 6–8, 11–14).","Detailed eligibility and disqualification rules for adjudicator registration, including educational equivalence and criminal‑history checks (reg 11; regs 12, 12A).","Prescribed lists and numerical thresholds (prescribed appointers in reg 5; high value amount in reg 5A = 500,000,000 monetary units) that affect scope and application.","Reporting and timing obligations on adjudicators and the Registrar with strict deadlines (reg 14(3); reg 14(4)).","Specification of procedural content for multiple instruments (applications, responses, decisions, suspension notices) increases compliance detail (regs 6–10).","Reference to external rates and units (interest rate linked to Supreme Court Act, fee in revenue units) adds dependency on other legislative instruments (reg 9; reg 13).","Registrar discretion to assess suitability and training course approval introduces administrative judgment and potential variability (reg 11(5)(b), reg 11(7)–(8))."],"plain_english_summary":"Mechanically, these Regulations set the procedural, registration and reporting rules that govern adjudication under the Construction Contracts (Security of Payments) Act 2004. They prescribe what information must be lodged, who may appoint or be registered as an adjudicator, fees, interest references and reporting obligations.\n\nThey affect contractors, principals, adjudicators and the Registrar by imposing documentary, fee and criminal‑check requirements and by prescribing a high‑value contract threshold and dispute‑resolution standard. This matters because it creates identifiable compliance costs, decisionmaking discretion for the Registrar, and formal duties that change how payment disputes are processed."}},"importantCases":[],"_links":{"self":"/api/acts/construction-contracts-security-of-payments-regulations-2005","history":"/api/acts/construction-contracts-security-of-payments-regulations-2005/history","analysis":"/api/acts/construction-contracts-security-of-payments-regulations-2005/analysis","conflicts":"/api/acts/construction-contracts-security-of-payments-regulations-2005/conflicts","importantCases":"/api/acts/construction-contracts-security-of-payments-regulations-2005/important-cases","documents":"/api/acts/construction-contracts-security-of-payments-regulations-2005/documents"}}