53Transitional provision—Building and Construction Industry Security of Payment (Amendment) Act 2006

53 Transitional provision—Building and Construction Industry Security of Payment (Amendment) Act 2006 This Act as amended by the **Building and Construction Industry Security of Payment (Amendment) Act 2006** (***the 2006 Act***) does not apply to or in respect of a payment claim for a progress payment to which a person is entitled under a construction contract entered into before the commencement of section 42 of the 2006 Act and any such payment claim is to be dealt with in accordance with this Act as if the 2006 Act had not been enacted. S. 54 repealed by No. 42/2006 s. 43. Endnotes 1 General information See [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. *Minister's second reading speech—* *Legislative Assembly: 21 March 2002* *Legislative Council: 24 April 2002* The long title for the Bill for this Act was "A Bill to provide for entitlements to progress payments for persons who carry out construction work or who supply related goods and services under construction contracts and for other purposes." **Constitution Act 1975:** *Section 85(5) statement:* *Legislative Assembly: 21 March 2002* *Legislative Council: 24 April 2002* *Absolute majorities:* *Legislative Assembly: 24 April 2002* *Legislative Council: 7 May 2002* The **Building and Construction Industry Security of Payment Act 2002** was assented to on 14 May 2002 and came into operation on 31 January 2003: section 2(2). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act 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. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Building and Construction Industry Security of Payment Act 2002** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Building and Construction Industry Security of Payment (Amendment) Act 2006, No. 42/2006** | Assent Date: | 25.7.06 | | Commencement Date: | Ss 38, 39, 41 on 26.7.06: s. 2(1); ss 4–37, 40, 42, 43 on 30.3.07: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Building and Construction Industry Security of Payment Act 2002** | **Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013** | Assent Date: | 18.6.13 | | Commencement Date: | S. 35(Sch. 2 item 1) on 1.7.13: s. 2 | | Current State: | This information relates only to the provision/s amending the **Building and Construction Industry Security of Payment Act 2002** | **Building Legislation Amendment Act 2023, No. 11/2023** | Assent Date: | 6.6.23 | | Commencement Date: | S. 53 on 1.2.24: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Building and Construction Industry Security of Payment Act 2002** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.