Building and Construction Industry Security of Payment Regulations 2011

These regulations may be cited as the

Building and Construction Industry

Security of Payment Regulations 2011.

In these regulations—

Act means the Building and Construction Industry Security of Payment

Act 2009.

Each person or body that is a body regulated by the Australian

Prudential Regulation Authority under the Australian Prudential Regulation Authority

Act 1998 of the Commonwealth is prescribed for the purposes of the definition of recognised financial institution in section 4 of the Act.

Subject to subregulation (2), services of the following kind are prescribed for the purposes of section 6(1) of the Act:

project management services in relation to construction work;

contract management services in relation to construction work;

consultancy services in relation to construction work.

Subregulation (1) does not apply to any services provided under a prescribed contract (within the meaning of regulation 7).

Pursuant to section 18(1)(b) of the Act, a natural person is eligible to be an adjudicator in relation to a construction contract if—

the person has successfully completed a formal course of training of at least 2 days duration in adjudication of payment disputes in the building and construction industry that required the person to pass a written examination; and

the person—

holds a degree, diploma or other qualification in—

architecture; or

building surveying; or

building; or

construction; or

law; or

project management; or

quantity surveying, from a university; or

is, or is eligible to be, a member (other than a student member) of any 1 or more of the following professional bodies:

The Royal Australian Institute of Architects;

Engineers Australia;

Australian Institute of Building Surveyors;

The Institute of Arbitrators and Mediators Australia;

The Australian Institute of Building;

Australian Institute of Project Management; or

holds registration as a building work supervisor under the

Building Work Contractors

Act 1995 that authorises the person to supervise construction work of a kind carried out, or to be carried out, under the construction contract.

Pursuant to section 35(2) of the Act, a party to a prescribed contract is exempt from the operation of the following provisions of the Act in respect of that contract:

section 14(4);

section 15;

section 16(2)(a)(ii) and (4);

Part 3 Divisions 2 and 3;

section 30;

section 31.

In this regulation—

Crown includes a Minister, agency or instrumentality of the Crown;

prescribed contract means a contract (whether entered into before or after the commencement of this regulation) entered into between the Crown and another person under which the total amount payable to the other person will exceed $4 000 000 (excluding GST) over the term of the contract;

term of the contract does not include any extension of the contract.