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These are the Construction Contracts Regulations 2004.
These regulations come into operation on the day on which section 55 of the Act comes into operation.
In these regulations, unless the contrary intention appears —
ABN means Australian Business Number as defined in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;
ACN means Australian Company Number as defined in section 9 of the Corporations Act 2000 of the Commonwealth;
contact details has the meaning given in regulation 4.
If a person is required by these regulations to give the contact details of a person, the person required to give the details must give the address, telephone and facsimile numbers and ABN of the person or the person’s business (or ACN of the person if there is no ABN) to the extent to which the person required to give the details knows those details.
For the purposes of section 26(2)(a) of the Act, an application to have a payment dispute adjudicated must, in addition to the other information required by section 26(2) of the Act, contain —
the name of the appointed adjudicator or prescribed appointor and the adjudicator’s or appointor’s contact details; and
the applicant’s name and contact details; and
the respondent’s name and contact details.
For the purposes of section 27(2)(a) of the Act, a response to an application for adjudication must, in addition to the other information required by section 27(2) of the Act, contain —
the name of the appointed adjudicator or prescribed appointor and the adjudicator’s or appointor’s contact details; and
the applicant’s name and contact details; and
the respondent’s name and contact details.
For the purposes of section 36(b) of the Act, an appointed adjudicator’s decision must, in addition to the other information required by section 36 of the Act, contain —
the name of the appointed adjudicator; and
the applicant’s name and contact details; and
the respondent’s name and contact details; and
the date and identification number (if any) of the adjudicator’s determination.
For the purposes of section 42(2)(b) of the Act, a contractor’s notice of intention to suspend the performance of its obligations must, in addition to the other information required by section 42(2) of the Act, contain —
the name of the appointed adjudicator; and
the principal’s name and contact details; and
the contractor’s name and contact details; and
the date and identification number (if any) of the adjudicator’s determination; and
the amount to be paid by the principal to the contractor under the determination; and
the date by which the principal is to pay the amount to the contractor under the determination.
For the purposes of section 48(1) of the Act, an individual must have the qualifications and experience set out in subregulations (2), (3) and (4) to be eligible to be a registered adjudicator.
The individual must —
have a degree, from a university or other tertiary institution in Australia, in a course listed in the Table to this paragraph, or an equivalent qualification from an overseas university or tertiary institution;
Table
Architecture | Building |
Engineering | Construction |
Quantity surveying | Law |
Building surveying | Project management |
or
be eligible for membership of a professional institution listed in the Table to this paragraph;
Table
The Royal Australian Institute of Architects |
Institution of Engineers Australia |
Australian Institute of Quantity Surveyors |
Australian Institute of Building Surveyors |
The Australian Institute of Building |
The Institute of Arbitrators and Mediators of Australia |
Australian Institute of Project Management |
or
be a builder registered under the Builders’ Registration Act 1939.
The individual must have had at least 5 years’ experience in —
administering construction contracts; or
dispute resolution relating to construction contracts.
The individual must have successfully completed an appropriate training course which qualifies the person for the performance of the functions of an adjudicator under the Act.
For the purposes of subregulation (2)(a), a qualification is equivalent to another if the course of study for the first qualification covers approximately the same matters as does the course of study for the second.
For the purposes of section 48(3) of the Act, a fee of $59.50 is payable on the application of an individual for registration as a registered adjudicator.
[Regulation 10 amended: Gazette 17 Jun 2014 p. 1962; 23 Jun 2015 p. 2170; 3 Jun 2016 p. 1756; 23 Jun 2017 p. 3232; 25 Jun 2018 p. 2336; SL 2021/86 r. 19.]
[10A. Deleted: SL 2021/86 r. 20.]
For the purposes of the definition of “prescribed appointor” in section 3 of the Act, the persons listed in the Table to this regulation are prescribed.
Table
Adjudicate Today Pty Limited |
Australian Institute of Building |
Australian Institute of Project Management |
Master Builders’ Association of Western Australia (Union of Employers) Perth |
Resolution Institute |
RICS Australasia Pty Ltd |
The Electrical and Communications Association of Western Australia Inc. |
[Regulation 11 inserted: Gazette 1 Apr 2005 p. 1064; amended: Gazette 12 Aug 2005 p. 3653; SL 2020/16 r. 4.]
This is a compilation of the Construction Contracts Regulations 2004 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.