Building Industry Fairness (Security of Payment) (Transitional) Regulation 2020


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Building Industry Fairness (Security of Payment) (Transitional) Regulation 2020

1Short title

This regulation may be cited as the Building Industry Fairness (Security of Payment) (Transitional) Regulation 2020.

2Commencement

This regulation commences on 1 October 2020.

3Declaration that regulation is a transitional regulation— Act, s 211E

This regulation is a transitional regulation.

Note—

Under section 211E(4) of the Act, this regulation expires 1 year after the commencement of section 211E of the Act.

4Complex payment claims and GST

(1)This section applies in relation to section 64 of the Act, definition complex payment claim, as amended by the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020, section 64.
(2)The section as amended does not apply to payment claims made before 1 October 2020, whether or not those payment claims have been adjudicated under chapter 3 of the Act.

5Notice required before starting particular proceedings

(1)This section applies in relation to section 99 of the Act as amended by the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020, section 74.
(2)The section as amended applies only to payment claims for progress payments for which the due date occurs on or after 1 October 2020.
(3)In this section—
due date, for a progress payment, see section 64 of the Act.