The Australian federal Minister for Employment, the Hon.
Michaelia Cash, has announced a review into security of payment
legislation in the building and construction industry. Mr John
Murray AM has been appointed to conduct the review.
The terms of reference for the review involve:
examination of security of payment legislation of all
jurisdictions to identify areas of best practice for the
consideration of recently conducted reviews and inquiries in
relation to security of payment, including the December 2015 report
by the Senate Economic References Committee on insolvency in the
Australian construction industry and the draft legislation
developed by the 2003 Cole Royal Commission into the Building and
consultation with interested parties including business,
governments, unions and the new Security of Payments Working Group
(established to monitor the impact of the activities of the
reinstated Australian Building and Construction Commission upon
compliance with security of payment legislation);
consideration of contractual terms that restrict contractors in
the construction industry from obtaining payments for work that has
been completed; and
consideration of security of payment models other than those
currently in force, including the model operating in Queensland
prior to 2014.
The review is to provide a progress report to the Minister for
Employment by 30 September 2017 with the final report, with
recommendations, provided to the Minister by no later than 31
Notably, in announcing the review, the Minister has highlighted
the lack of consistent security of payment legislation across state
and territory jurisdictions. A close consideration of the benefits
of harmonisation of security of payment legislation seems to be on
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A lessee will need to demonstrate that the genuine interests of the lessor will be protected if relief is granted.
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