4Definitions

4 Definitions In this Act— ***adjudicated amount*** means the amount of a progress payment that an adjudicator determines to be payable as referred to in section 23 together with any amount added to that amount under section 45(7); ***adjudication application*** means an application referred to in section 18; S. 4 def. of *adjudication certificate* inserted by No. 42/2006 s. 5(a). ***adjudication certificate*** means a certificate provided by an authorised nominating authority under section 28Q; S. 4 def. of *adjudication determination* inserted by No. 42/2006 s. 5(a). ***adjudication determination*** means a determination made by an adjudicator under section 23; S. 4 def. of *adjudication fees* inserted by No. 42/2006 s. 5(a). ***adjudication*** ***fees*** means any fees or expenses charged by an authorised nominating authority or by an adjudicator or review adjudicator under this Act; ***adjudication response*** means a response referred to in section 21; S. 4 def. of *adjudication review* inserted by No. 42/2006 s. 5(a). ***adjudication review*** means a review of an adjudication determination under Division 2A of Part 3; S. 4 def. of *adjudication review application* inserted by No. 42/2006 s. 5(a). ***adjudication review application*** means an application under section 28B or 28C; ***adjudicator***, in relation to an adjudication application, means the person appointed in accordance with this Act to determine the application; S. 4 def. of *authorised nominating authority* amended by No. 34/2013 s. 35(Sch. 2 item 1.1(a)). ***authorised nominating authority*** means a person authorised by the Authority under section 42 to nominate persons to determine adjudication applications; S. 4 def. of *Authority* amended by No. 34/2013 s. 35(Sch. 2 item 1.1(b)). ***Authority*** means the Victorian Building Authority established under the **Building Act 1993**; S. 4 def. of *Building Commission* repealed by No. 34/2013 s. 35(Sch. 2 item 1.1(c)). ***business day*** means a day that is not— (a) a Saturday or Sunday; or (b) a day that is wholly or partly observed as a public holiday throughout Victoria; ***certified debt*** in relation to a claimant, means the amount specified in a debt certificate as being owed to the claimant; S. 4 def. of *claimable variation* inserted by No. 42/2006 s. 5(a). ***claimable variation*** has the meaning given in section 10A; ***claimant*** means a person who serves a payment claim under section 14; ***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 14; ***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*** has the meaning given in section 5; ***debt certificate*** means a certificate issued under section 33; S. 4 def. of *designated trust account* amended by No. 42/2006 s. 5(b). ***designated trust account*** means an account kept with a recognised financial institution (whether in the name of the respondent or otherwise) for the purpose of holding amounts payable to claimants under this Act; ***discharge notice*** means a notice referred to in section 40; ***due date***, in relation to a progress payment, means the due date for the progress payment, as referred to in section 12; S. 4 def. of *excluded amount* inserted by No. 42/2006 s. 5(a). ***excluded amount*** has the meaning given in section 10B; ***exercise*** in relation to a function, includes perform a duty; ***function*** includes power, authority or duty; ***judgment*** includes order; ***notice of claim*** means a notice referred to in section 32; ***payment claim*** means a claim referred to in section 14; ***payment schedule*** means a schedule referred to in section 15; ***principal*** means a principal referred to in section 31; S. 4 def. of *progress payment* substituted by No. 42/2006 s. 5(c). ***progress payment*** means a payment to which a person is entitled under section 9, and includes (without affecting that entitlement)— (a) the final payment for— (i) construction work carried out under a construction contract; or (ii) related goods and services supplied under the contract; or (b) a single or one-off payment for— (i) construction work carried out under a construction contract; or (ii) related goods and services supplied under the contract; or (c) a payment that is based on an event or date (known in the building and construction industry as a "milestone payment"); The amount of a progress payment is calculated in accordance with sections 10, 10A, 10B and 11. ***recognised financial institution*** means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; ***related goods and services*** has the meaning given in section 6; ***respondent*** means a person on whom a payment claim is served under section 14; S. 4 def. of *review adjudicator* inserted by No. 42/2006 s. 5(a). ***review adjudicator*** in relation to an adjudication review application, means the adjudicator appointed in accordance with this Act to determine the application; S. 4 def. of *review determination* inserted by No. 42/2006 s. 5(a). ***review determination*** means the determination made by a review adjudicator under section 28I in respect of an adjudication review application; S. 4 def. of *scheduled amount* amended by No. 42/2006 s. 5(d). ***scheduled amount*** means the amount of a progress payment that is proposed to be made under a payment schedule, as referred to in section 15; S. 4 def. of *variation* inserted by No. 42/2006 s. 5(a). ***variation*** in relation to a construction contract, means a change in the scope of the construction work to be carried out, or the related goods and services to be supplied, under the contract.