Building and Construction Industry Security of Payment Act 1999
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4 Definitions
4 Definitions
(1) In this Act—
adjudicated amount means the amount of a progress payment that an adjudicator determines to be payable, as referred to in section 22.
adjudication application means an application referred to in section 17.
adjudication certificate means a certificate provided by an authorised nominating authority under section 24.
adjudication fees means any fees or expenses charged by an authorised nominating authority, or by an adjudicator, under this Act.
adjudication response means a response referred to in section 20.
adjudicator, in relation to an adjudication application, means the person appointed in accordance with this Act to determine the application.
authorised nominating authority means a person authorised by the Minister under section 28 to nominate persons to determine adjudication applications.
business day means any day other than—
(a) a Saturday, Sunday or public holiday, or
(b) 27, 28, 29, 30 or 31 December.
claimant means a person by whom a payment claim is served under section 13.
claimed amount means an amount of a progress payment claimed to be due for construction work carried out, or for related goods and services supplied, as referred to in section 13.
construction contract means a contract or other arrangement under which one party undertakes to carry out construction work, or to supply related goods and services, for another party.
construction work is defined in section 5.
Department means the department in which this Act is administered.
due date, in relation to a progress payment, means the due date for the progress payment, as referred to in section 11.
exempt residential construction contract means—
(a) a construction contract that is connected with an owner occupier construction contract, or
(b) any other type of construction contract for the carrying out of residential building work that is prescribed by the regulations for the purposes of this definition.
exercise a function includes perform a duty.
function includes a power, authority or duty.
head contractor means the person who is to carry out construction work or supply related goods and services for the principal under a construction contract (the main contract) and for whom construction work is to be carried out or related goods and services supplied under a construction contract as part of or incidental to the work or goods and services carried out or supplied under the main contract.