QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.100BRegistering charge over property for unpaid adjudicated amount
Start here
Get a plain-English read of sec.100B
Turn the raw legal text into a practical explanation grounded in Building Industry Fairness (Security of Payment) Act 2017.
### sec.100B Registering charge over property for unpaid adjudicated amount
This section applies if—
the claimant for an adjudication application is a head contractor; and
an adjudicator decides the respondent for the adjudication application is required to pay an adjudicated amount; and
the respondent does not pay the adjudicated amount as required under section 90 ; and
the claimant files the adjudication certificate as a judgment for a debt under section 93 ; and
the respondent, or a related entity for the respondent, is the registered owner of the relevant property.
The claimant may request a charge over the relevant property, by way of a security interest providing security to the claimant for payment of the adjudicated amount, be registered by lodging all of the following documents with the registrar of titles—
a request to register the charge over the lot made in the appropriate form;
the adjudication certificate;
a statutory declaration, made by or on behalf of the claimant, stating—
the lot on plan description of the relevant property; and
that the adjudicated amount has not been paid to the claimant; and
if the registered owner is a related entity for the respondent—that the registered owner is a related entity for the respondent.
The registrar of titles may rely on the information provided by the claimant under subsection (3) to register the charge.
In this section—
lot see the Land Title Act 1994 , schedule 2 .
s 100B ins 2020 No. 24 s 75
(sec.100B-ssec.1) This section applies if— the claimant for an adjudication application is a head contractor; and an adjudicator decides the respondent for the adjudication application is required to pay an adjudicated amount; and the respondent does not pay the adjudicated amount as required under section 90 ; and the claimant files the adjudication certificate as a judgment for a debt under section 93 ; and the respondent, or a related entity for the respondent, is the registered owner of the relevant property.
(sec.100B-ssec.2) The claimant may request a charge over the relevant property, by way of a security interest providing security to the claimant for payment of the adjudicated amount, be registered by lodging all of the following documents with the registrar of titles— a request to register the charge over the lot made in the appropriate form; the adjudication certificate; a statutory declaration, made by or on behalf of the claimant, stating— the lot on plan description of the relevant property; and that the adjudicated amount has not been paid to the claimant; and if the registered owner is a related entity for the respondent—that the registered owner is a related entity for the respondent.
(sec.100B-ssec.3) The registrar of titles may rely on the information provided by the claimant under subsection (3) to register the charge.
(sec.100B-ssec.4) In this section— lot see the Land Title Act 1994 , schedule 2 .
- (a) the claimant for an adjudication application is a head contractor; and
- (b) an adjudicator decides the respondent for the adjudication application is required to pay an adjudicated amount; and
- (c) the respondent does not pay the adjudicated amount as required under section 90 ; and
- (d) the claimant files the adjudication certificate as a judgment for a debt under section 93 ; and
- (e) the respondent, or a related entity for the respondent, is the registered owner of the relevant property.
- (a) a request to register the charge over the lot made in the appropriate form;
- (b) the adjudication certificate;
- (c) a statutory declaration, made by or on behalf of the claimant, stating— (i) the lot on plan description of the relevant property; and (ii) that the adjudicated amount has not been paid to the claimant; and (iii) if the registered owner is a related entity for the respondent—that the registered owner is a related entity for the respondent.
- (i) the lot on plan description of the relevant property; and
- (ii) that the adjudicated amount has not been paid to the claimant; and
- (iii) if the registered owner is a related entity for the respondent—that the registered owner is a related entity for the respondent.
- (i) the lot on plan description of the relevant property; and
- (ii) that the adjudicated amount has not been paid to the claimant; and
- (iii) if the registered owner is a related entity for the respondent—that the registered owner is a related entity for the respondent.