Building Industry Fairness (Security of Payment) Regulation 2018
sec.16Procedures for processing adjudication applications— Act , s 201
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sec.16 Procedures for processing adjudication applications— Act , s 201
This section prescribes, for section 201 (2) (f) (ii) of the Act , the procedure for the processing of adjudication applications by the registrar. The registrar must refer an adjudication application to a grade 2 adjudicator for decision if— the payment claim to be adjudicated is for a progress payment of more than $150,000; or the registrar considers the complexity of the application requires that it be decided by a grade 2 adjudicator. The registrar must refer an adjudication application relating to a payment claim for a progress payment of more than $25,000 but not more than $150,000 to— a grade 2 adjudicator; or a grade 1 adjudicator who has decided at least 3 adjudication applications relating to payment claims for progress payments of not more than $25,000. The registrar must refer an adjudication application relating to a payment claim for a progress payment of not more than $25,000 to a grade 1 adjudicator or a grade 2 adjudicator. s 16 ins 2018 SL No. 177 s 10 (sec.16-ssec.1) This section prescribes, for section 201 (2) (f) (ii) of the Act , the procedure for the processing of adjudication applications by the registrar. (sec.16-ssec.2) The registrar must refer an adjudication application to a grade 2 adjudicator for decision if— the payment claim to be adjudicated is for a progress payment of more than $150,000; or the registrar considers the complexity of the application requires that it be decided by a grade 2 adjudicator. (sec.16-ssec.3) The registrar must refer an adjudication application relating to a payment claim for a progress payment of more than $25,000 but not more than $150,000 to— a grade 2 adjudicator; or a grade 1 adjudicator who has decided at least 3 adjudication applications relating to payment claims for progress payments of not more than $25,000. (sec.16-ssec.4) The registrar must refer an adjudication application relating to a payment claim for a progress payment of not more than $25,000 to a grade 1 adjudicator or a grade 2 adjudicator.
- (a) the payment claim to be adjudicated is for a progress payment of more than $150,000; or
- (b) the registrar considers the complexity of the application requires that it be decided by a grade 2 adjudicator.
- (a) a grade 2 adjudicator; or
- (b) a grade 1 adjudicator who has decided at least 3 adjudication applications relating to payment claims for progress payments of not more than $25,000.