The ACT's Building and Construction Industry (Security of Payment) Act 2009 applies to building work on National Land within the ACT, including diplomatic premises, because the ACT Legislative Assembly's plenary power under s 22 of the Self-Government Act is not qualified by the Commonwealth's retention of power over National Land, and s 52(i) of the Constitution excludes only State legislative power, not Territory legislative power. Under the SOP Act, reference dates continue to arise after completion of work where the contract provides for monthly progress payments without tying entitlement to ongoing work, and previously rejected variation claims may be re-agitated in subsequent payment claims unless they have been the subject of adjudication.
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