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Building and Construction Industry (Security of Payment) Act 2021
Part 3Procedure for obtaining progress payments
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Part 3 — Procedure for obtaining progress payments
Division 1 — Payment claims and schedules
22. Making payment claims 26
23. When payment claims may be made 26
24. Content of payment claims 28
25. Response to payment claim: payment schedule 29
26. Claimed amount becomes payable if payment schedule not duly given 30
27. Consequences of not paying claimed or scheduled amount 31
Division 2 — Adjudication of payment disputes
28. When claimant may apply for adjudication of payment claim 33
29. To whom adjudication application made 34
30. Requirements relating to adjudication application 34
31. Withdrawal of adjudication application 35
32. Appointment of adjudicator 35
33. Disqualification of adjudicator with conflict of interest in adjudication application 37
34. Adjudication response 38
35. Adjudication procedures 39
36. Jurisdiction to make determination, frivolous or vexatious applications and complex applications 40
37. Time allowed for adjudicator to determine adjudication application 41
38. Adjudicator’s determination 42
Division 3 — Review of adjudications
39. When claimant or respondent may apply for review of adjudication 45
40. Adjudicated amount in dispute to be paid into trust account before respondent may make adjudication review application 46
41. To whom adjudication review application made 47
42. Requirements relating to adjudication review application 48
43. Withdrawal of adjudication review application 49
44. Appointment of review adjudicator 49
45. Adjudication review response 51
46. Adjudication review procedures 51
47. Time allowed for review adjudicator to determine adjudication review application 52
48. Review adjudicator’s determination 54