Occurrence of default event
5 Occurrence of default event
For the purposes of this Act, a default event occurs if—
goods or services are provided to a public authority under a qualifying contract; and
an invoice is sent or a claim is made by the supplier under the qualifying contract for the payment of a qualifying debt; and
the amount specified as being payable in the invoice or claim does not exceed $1 million (exclusive of GST); and
the invoice or claim is rendered to the public authority, or to another public authority or other entity, in accordance with any relevant
Treasurer's instruction; and
the invoice or claim complies with any requirements as to the imposition of GST (as between supplier and purchaser); and
payment by or on behalf of the public authority is made to the supplier but the payment is made more than the prescribed number of days after the relevant day; and
the public authority (or another public authority or entity acting on behalf of the public authority) did not dispute a relevant matter within the designated payment period.
A public authority or other entity must, in initiating a dispute under subsection (1)(f), comply with any procedure set out in any relevant Treasurer's instruction.
In this section—
relevant day means the day on which an invoice or claim (being an invoice or claim that complies with any relevant Treasurer's instruction and is in all other respects in the correct form for payment) is received by a public authority, or a public authority or other entity acting on behalf of a public authority, in accordance with any relevant Treasurer's instruction;
relevant matter means—
whether goods or services have been provided in accordance with the terms or provisions of a qualifying contract; or
some other matter relating to the supply of goods or services under a qualifying contract; or
whether an invoice or claim has been properly rendered;
or
any other prescribed matter.
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