sch.6-sec.73Way of making payment on claim

### sch.6-sec.73 Way of making payment on claim If the commission allows a claim for assistance, the commission must pay the claim in 1 or more of the following ways decided by the commission— pay all or part of the claim to the licensed contractor, approved by the commission, who has contracted with the consumer making the claim to— carry out work the subject of the claim; or demolish the built work as mentioned in section 7 (3) (a) ; pay all or part of the claim to the licensed contractor appointed by the commission to— carry out work the subject of the claim; or demolish the built work as mentioned in section 7 (3) (a) ; pay all or part of the claim to the consumer making the claim; if the claim is in relation to work on a building in a community titles scheme and the commission is satisfied the consumer making the claim owes a contribution or levy to the body corporate for the community titles scheme under the Body Corporate and Community Management Act 1997 —pay all or part of the claim to the body corporate to the extent necessary to cover the amount owed by the consumer to the body corporate; if the consumer making the claim is a body corporate and the body corporate gives the commission a signed notice requesting all or part of the claim to be paid to 1 or more lot owners—pay all or part of the claim to 1 or more of the lot owners as stated in the notice. However, the commission may decide not to make a payment under subsection (1) (a) to a licensed contractor if the consumer— has a retention amount under the contract for the residential construction work the subject of the claim; and has not paid the retention amount to the licensed contractor. In this section— retention amount , for a contract, means an amount— payable as part of the contract price that, under the contract, may be withheld from payment to the licensed contractor— during the progress of the residential construction work the subject of the contract; or for a period after the completion of the residential construction work the subject of the contract; or both during the progress of the residential construction work the subject of the contract and for a period after the completion of the residential construction work the subject of the contract; and withheld for the purpose of giving financial protection to the consumer in relation to the need to correct defects in the residential construction work, or otherwise to secure, wholly or partly, the performance of the contract. (sch.6-sec.73-ssec.1) If the commission allows a claim for assistance, the commission must pay the claim in 1 or more of the following ways decided by the commission— pay all or part of the claim to the licensed contractor, approved by the commission, who has contracted with the consumer making the claim to— carry out work the subject of the claim; or demolish the built work as mentioned in section 7 (3) (a) ; pay all or part of the claim to the licensed contractor appointed by the commission to— carry out work the subject of the claim; or demolish the built work as mentioned in section 7 (3) (a) ; pay all or part of the claim to the consumer making the claim; if the claim is in relation to work on a building in a community titles scheme and the commission is satisfied the consumer making the claim owes a contribution or levy to the body corporate for the community titles scheme under the Body Corporate and Community Management Act 1997 —pay all or part of the claim to the body corporate to the extent necessary to cover the amount owed by the consumer to the body corporate; if the consumer making the claim is a body corporate and the body corporate gives the commission a signed notice requesting all or part of the claim to be paid to 1 or more lot owners—pay all or part of the claim to 1 or more of the lot owners as stated in the notice. (sch.6-sec.73-ssec.2) However, the commission may decide not to make a payment under subsection (1) (a) to a licensed contractor if the consumer— has a retention amount under the contract for the residential construction work the subject of the claim; and has not paid the retention amount to the licensed contractor. (sch.6-sec.73-ssec.3) In this section— retention amount , for a contract, means an amount— payable as part of the contract price that, under the contract, may be withheld from payment to the licensed contractor— during the progress of the residential construction work the subject of the contract; or for a period after the completion of the residential construction work the subject of the contract; or both during the progress of the residential construction work the subject of the contract and for a period after the completion of the residential construction work the subject of the contract; and withheld for the purpose of giving financial protection to the consumer in relation to the need to correct defects in the residential construction work, or otherwise to secure, wholly or partly, the performance of the contract. - (a) pay all or part of the claim to the licensed contractor, approved by the commission, who has contracted with the consumer making the claim to— (i) carry out work the subject of the claim; or (ii) demolish the built work as mentioned in section 7 (3) (a) ; - (i) carry out work the subject of the claim; or - (ii) demolish the built work as mentioned in section 7 (3) (a) ; - (b) pay all or part of the claim to the licensed contractor appointed by the commission to— (i) carry out work the subject of the claim; or (ii) demolish the built work as mentioned in section 7 (3) (a) ; - (i) carry out work the subject of the claim; or - (ii) demolish the built work as mentioned in section 7 (3) (a) ; - (c) pay all or part of the claim to the consumer making the claim; - (d) if the claim is in relation to work on a building in a community titles scheme and the commission is satisfied the consumer making the claim owes a contribution or levy to the body corporate for the community titles scheme under the Body Corporate and Community Management Act 1997 —pay all or part of the claim to the body corporate to the extent necessary to cover the amount owed by the consumer to the body corporate; - (e) if the consumer making the claim is a body corporate and the body corporate gives the commission a signed notice requesting all or part of the claim to be paid to 1 or more lot owners—pay all or part of the claim to 1 or more of the lot owners as stated in the notice. - (i) carry out work the subject of the claim; or - (ii) demolish the built work as mentioned in section 7 (3) (a) ; - (i) carry out work the subject of the claim; or - (ii) demolish the built work as mentioned in section 7 (3) (a) ; - (a) has a retention amount under the contract for the residential construction work the subject of the claim; and - (b) has not paid the retention amount to the licensed contractor. - (a) payable as part of the contract price that, under the contract, may be withheld from payment to the licensed contractor— (i) during the progress of the residential construction work the subject of the contract; or (ii) for a period after the completion of the residential construction work the subject of the contract; or (iii) both during the progress of the residential construction work the subject of the contract and for a period after the completion of the residential construction work the subject of the contract; and - (i) during the progress of the residential construction work the subject of the contract; or - (ii) for a period after the completion of the residential construction work the subject of the contract; or - (iii) both during the progress of the residential construction work the subject of the contract and for a period after the completion of the residential construction work the subject of the contract; and - (b) withheld for the purpose of giving financial protection to the consumer in relation to the need to correct defects in the residential construction work, or otherwise to secure, wholly or partly, the performance of the contract. - (i) during the progress of the residential construction work the subject of the contract; or - (ii) for a period after the completion of the residential construction work the subject of the contract; or - (iii) both during the progress of the residential construction work the subject of the contract and for a period after the completion of the residential construction work the subject of the contract; and