Building and Construction Industry Security of Payment Regulation 2008

 

As at 28 February 2011

 

1 Name of Regulation

This Regulation is the Building and Construction Industry Security of Payment Regulation 2008 .

 

2 Commencement

This Regulation commences on 1 September 2008.

 

This Regulation replaces the Building and Construction Industry Security of Payment Regulation 2001 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989 .

 

3 Interpretation

(1) In this Regulation: "the Act" means the Building and Construction Industry Security of Payment Act 1999 .

(2) Notes included in this Regulation do not form part of this Regulation.

4 Recognised financial institutions

Each person or body that is a "body regulated by APRA" , within the meaning of 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.

 

5 Exemptions

A person is exempt from the operation of Division 2A of Part 3 of the Act in the person's capacity as a principal contractor (within the meaning of that Division) under a construction contract of a kind referred to in section 7 (2) (b) of the Act.

 

Historical notes

The following abbreviations are used in the Historical notes:

 

 

Am

amended

LW

legislation website

Sch

Schedule

 

Cl

clause

No

number

Schs

Schedules

 

Cll

clauses

p

page

Sec

section

 

Div

Division

pp

pages

Secs

sections

 

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

 

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

 

Ins

inserted

Rep

repealed

Subst

substituted

 

Table of amending instruments Building and Construction Industry Security of Payment Regulation 2008 (139) . GG No 56 of 23.5.2008, p 3953. Date of commencement, 1.9.2008, cl 2. This Regulation has been amended as follows:

2011

(89)

Building and Construction Industry Security of Payment Amendment Regulation 2011 . LW 25.2.2011.Date of commencement, 28.2.2011, cl 2.

 

Table of amendments

Cl 5

Ins 2011 (89), cl 3.