sec.209Unfinished matters for existing subcontractors’ charges to be dealt with under the repealed Act

### sec.209 Unfinished matters for existing subcontractors’ charges to be dealt with under the repealed Act This section applies if, before the commencement, a subcontractor gave a person a notice of claim of charge for a subcontractor’s charge and, at the commencement, there are unfinished matters for the charge. Despite the repeal of the Subcontractors’ Charges Act 1974 , the repealed Act continues to apply for the notice of claim and subcontractor’s charge, and any unfinished matters for the charge. However, a reference to a subcontractor’s charge in section 117 includes a reference to a subcontractor’s charge mentioned in subsection (2). To remove any doubt, it is declared that if a subcontractor became entitled to a subcontractor’s charge before the commencement, but had not given a person a notice of claim of charge in relation to the charge, the person must secure the charge in accordance with this Act. In this section— notice of claim of charge means a notice complying with repealed section 10(1)(a). unfinished matter , for a subcontractor’s charge, includes a matter under the repealed Act that has yet to be started or completed, including, for example, the following— giving a person who holds a security a notice under repealed section 10(1)(aa); giving a person a notice of having made a claim under repealed section 10(1)(b); a person given a notice of claim of charge retaining money under repealed section 11; the giving of a contractor’s notice under repealed section 11(3). the use of securities for the subcontractor’s charge under repealed section 11A to 11D; the giving of information under repealed section 9A or 11E; the paying of money for the subcontractor’s charge; the enforcement of the subcontractor’s charge. s 209 amd 2018 No. 17 ss 176ZR , 197 sch 2 (sec.209-ssec.1) This section applies if, before the commencement, a subcontractor gave a person a notice of claim of charge for a subcontractor’s charge and, at the commencement, there are unfinished matters for the charge. (sec.209-ssec.2) Despite the repeal of the Subcontractors’ Charges Act 1974 , the repealed Act continues to apply for the notice of claim and subcontractor’s charge, and any unfinished matters for the charge. (sec.209-ssec.2A) However, a reference to a subcontractor’s charge in section 117 includes a reference to a subcontractor’s charge mentioned in subsection (2). (sec.209-ssec.3) To remove any doubt, it is declared that if a subcontractor became entitled to a subcontractor’s charge before the commencement, but had not given a person a notice of claim of charge in relation to the charge, the person must secure the charge in accordance with this Act. (sec.209-ssec.4) In this section— notice of claim of charge means a notice complying with repealed section 10(1)(a). unfinished matter , for a subcontractor’s charge, includes a matter under the repealed Act that has yet to be started or completed, including, for example, the following— giving a person who holds a security a notice under repealed section 10(1)(aa); giving a person a notice of having made a claim under repealed section 10(1)(b); a person given a notice of claim of charge retaining money under repealed section 11; the giving of a contractor’s notice under repealed section 11(3). the use of securities for the subcontractor’s charge under repealed section 11A to 11D; the giving of information under repealed section 9A or 11E; the paying of money for the subcontractor’s charge; the enforcement of the subcontractor’s charge. s 209 amd 2018 No. 17 ss 176ZR , 197 sch 2 - (a) giving a person who holds a security a notice under repealed section 10(1)(aa); - (b) giving a person a notice of having made a claim under repealed section 10(1)(b); - (c) a person given a notice of claim of charge retaining money under repealed section 11; - (d) the giving of a contractor’s notice under repealed section 11(3). - (e) the use of securities for the subcontractor’s charge under repealed section 11A to 11D; - (f) the giving of information under repealed section 9A or 11E; - (g) the paying of money for the subcontractor’s charge; - (h) the enforcement of the subcontractor’s charge.