On 15 December 2014, the much-anticipated
amendments to the Building and Construction Industry Payments
Act 2004 (Qld) commenced operation.
The Building and Construction Industry Payments Amendment
Act 2014 (Amendment Act), which significantly
reforms the security of payment regime in Queensland, was passed by
the State Parliament on 11 September 2014 and has been awaiting a
commencement date while some further fine-tuning of the amendments
was undertaken (discussed below).
the transfer of the role of Authorised Nominating Authorities
to the central Adjudication Registry, administered by the
Queensland Building and Construction Commission;
the creation of a dual adjudication regime for simple and
complex claims, complex claims being claims of more than $750,000;
the extension of timeframes for responding to payment claims
and adjudication applications, particularly in relation to complex
the amendment of the definition of "business day" to
include a longer Christmas blackout period from 22 December until
Amendment to transitional provisions
The transitional provisions of the Amendment Act have been
modified to address industry concerns regarding what would have
been the effective operation of two security of payment regimes in
Queensland. This was due to the fact the old regime was set to
continue to apply to contracts entered into before the commencement
of the Amendment Act.
This potential administrative minefield has been avoided by the
removal of the offending provision from the Amendment Act. Under
the modified transitional arrangements, the new security of payment
regime will apply to all construction contracts from the
commencement date. A limited number of transitional and
"outstanding" matters will be dealt with under the old
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Many retail leases include a covenant to trade, requiring the tenant to open the premises for trade during certain hours.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).