60TASCAT not to determine certain matters

60 TASCAT not to determine certain matters

[Section 60 Substituted by No. 9 of 2023, s. 63, Applied:01 Jul 2024]

(1)  Despite sections 58 and 59 , the Tribunal does not have the jurisdiction to determine the following matters:

(a) any matter that is the subject of an adjudication application under the Building and Construction Industry Security of Payment Act 2009 and –

(i) that application has not been rejected, or withdrawn, under that Act; or

(ii) the matter has been resolved, or determined, under that Act;

(b) any matter that is the subject of proceedings under another Act, including enforcement or review proceedings, if those proceedings have not been completed, finalised or otherwise discontinued under that Act;

(c) any matter that is the subject of a work-completion claim, or adjudication application, under this Act as in force immediately before the commencement of Part 6 of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023 , if –

(i) the person served with the claim has complied with the claim in accordance with this Act, as in force immediately before the commencement of Part 6 of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023 ; or

(ii) an expert panel has issued a declaration under this Act, as in force immediately before the commencement of Part 6 of the Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023 , that the residential building work to which the matter relates has been completed satisfactorily;

(d) any matter that relates to a residential building work contract that was entered into by the parties –

(i) before 1 January 2017; or

(ii) on or after 1 January 2017 if, in the opinion of the Director, the contract has substantially the same terms, and essentially replaces, a contract that was entered into before that date.