VICIn ForceAct
Building and Construction Industry Security of Payment Act 2002
40Claimant to provide discharge notice
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40 Claimant to provide discharge notice
(1) If a principal or the respondent makes a payment to the claimant in partial or full discharge of a certified debt, the claimant must, on the request of the person making the payment, give the person a discharge notice in respect of the payment.
(2) A discharge notice must—
(a) be in the prescribed form; and
(b) acknowledge the payment of the amount paid; and
(c) be signed by the claimant.
(3) If the claimant does not give the notice within 7 days of the payment and request, the claimant is to forfeit and pay to the person who made the payment a sum equal to the amount paid.
(4) The person who made the payment may recover the forfeited amount in any court of competent jurisdiction as a debt due to the person.