retrieval-0004Document excerpt 4

Building and Construction Industry (Security of Payment) Amendment Bill 2026 Part 2 Building and Construction Industry (Security of Payment) Act 2021 amended s. 34 page 40 (b) delete “the Building Commissioner directs when1 publishing the approved form that it is recommended but2 not mandatory.” and insert:3 4 specified otherwise in the approved form when it is5 published.6 7 (3) In section 114(3) delete “published by the Building8 Commissioner”.9 (4) After section 114(3) insert:10 11 (4) For the purposes of section 27C, the Building12 Commissioner may delegate the function under13 subsection (1) to the chief executive officer of any14 agency.15 (5) An approved form is taken not to be given in16 accordance with this Act if —17 (a) information in the form must be verified by a18 statutory declaration and is not; or19 (b) the form is required to be accompanied by a20 document and is not.21 22 34. Section 115 amended23 In section 115(1) delete “of this Act.” and insert:24 25 of this Act, other than Part 4 Divisions 2 and 3 (to the extent to26 which they relate to construction trusts).27 28

Building and Construction Industry (Security of Payment) Amendment Bill 2026 Building and Construction Industry (Security of Payment) Act 2021 amended Part 2 s. 35 page 41 35. Part 6A inserted1 After section 120 insert:2 3 Part 6A — Transitional and savings provisions4 for Building and Construction Industry (Security5 of Payment) Amendment Act 20266 120A. Term used: amending Act7 In this Part —8 amending Act means the Building and Construction9 Industry (Security of Payment) Amendment Act 2026.10 120B. Interpretation Act 1984 not affected11 This Part applies in addition to the Interpretation12 Act 1984 and does not limit or otherwise affect the13 operation of the provisions of that Act.14 120C. Savings and transitional regulations15 Regulations made under section 119 may include16 provisions of a savings or transitional nature that arise17 as a result of the enactment of, or the coming into18 operation of, the amending Act.19 120D. Transitional arrangements for construction trusts20 (1) Section 14, as amended by the amending Act, extends21 to and in relation to a construction contract entered into22 before the day on which that amendment comes into23 operation.24 (2) Part 3 Division 1A, as inserted by the amending Act,25 does not apply to, or in relation to, a construction26 contract entered into before the day on which that27 Division comes into operation.28

Building and Construction Industry (Security of Payment) Amendment Bill 2026 Part 2 Building and Construction Industry (Security of Payment) Act 2021 amended s. 35 page 42 (3) Part 4 Division 2, as inserted by the amending Act,1 does not apply to, or in relation to —2 (a) a construction contract entered into before the3 day on which that Division comes into4 operation; or5 (b) a construction contract entered into —6 (i) after the day on which that Division7 comes into operation; and8 (ii) in connection with a contract referred to9 in paragraph (a).10 (4) Despite subsection (3), regulations made under11 section 119 may provide that Part 4 Division 2, as12 inserted by the amending Act, applies to and in relation13 to a construction contract entered into before the day14 on which that Division comes into operation.15 120E. Transitional arrangements for adjudications and16 adjudication reviews17 (1) In this section —18 commencement day means the day on which the19 amending Act section 8 comes into operation;20 pre-commencement determination means —21 (a) an adjudicator’s determination made under22 section 38 before commencement day; or23 (b) a review adjudicator’s determination made24 under section 48 before commencement day;25 relevant former provision means any of the following26 provisions as in force immediately before27 commencement day —28 (a) section 30(2);29 (b) section 34(4);30