BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS REGULATION 2004 Reprinted as in

force on 1 July 2011 Reprint No. 3D

>

TABLE OF PROVISIONS

Contents

1. Short title

2. Commencement

3. Adjudication qualification—Act, s 111

4. Fees

SCHEDULE 1 -- ADJUDICATION QUALIFICATION

SCHEDULE 2 -- FEES

Endnotes

1 Short title

This regulation may be cited as the Building and Construction Industry Payments

Regulation 2004 .

2 Commencement

This regulation commences on 1 July 2004.

3 Adjudication qualification—Act, s 111

For section 111(2)(b) of the Act, the following are prescribed for an

adjudication qualification—

(a) the name of the qualification is Certificate in Adjudication;

(b) a body mentioned in schedule 1, part 1 may issue the

qualification;

(c) the name of the adjudication competency to be achieved is

Building and Construction Industry Payments Adjudication;

(d) the elements that must be successfully completed are the elements

mentioned in schedule 1, part 2.

4 Fees

The fees payable under the Act are stated in schedule 2.

- SCHEDULE 1 -- ADJUDICATION QUALIFICATION

Name of body

1 Adjudicate Today Pty Limited ACN 109 605 021

2 Australian Solutions Centre Pty Ltd ACN 085 917 219

3 The Institute of Arbitrators & Mediators Australia ACN 008 520 045

4 LEADR ACN 008 651 232

5 Queensland Law Society ABN 33 423 389 441

6 RICS Australasia Pty Ltd ACN 089 873 067

7 Able Adjudication Pty Ltd ACN 134 663 933

Element code Name of element

1 BCIPA-01 The object of the Building and Construction Industry Payments

Act 2004

2 BCIPA-02 How does the Act compare with the NSW Building and Construction

Industry Security of Payments Act 1999

3 BCIPA-03 Relationship between an Adjudicator, Authorised Nominating

Authority and Adjudication Registry

4 BCIPA-04 Relationship between Authorised Nominating Authorities and

Adjudicators

5 BCIPA-05 Role and functions of an Authorised Nominating Authority

6 BCIPA-06 Registration, suspension, cancellation or conditions of

registration relevant for an Authorised Nominating Authority

7 BCIPA-07 Role and functions of an Adjudicator

8 BCIPA-08 Registration, suspension, cancellation or conditions of

registration relevant for an Adjudicator

9 BCIPA-09 Language of adjudication

10 BCIPA-10 Analysis of the Act

11 BCIPA-11 Appointment of the Adjudicator/relevant issues

12 BCIPA-12 Conduct of the adjudication by Adjudicator

13 BCIPA-13 The NSW experience (significant Supreme Court considerations)

14 BCIPA-14 How an Adjudicator writes a determination

15 BCIPA-15 After Adjudicator makes decision

16 BCIPA-16 Adjudication certificates

17 BCIPA-17 Assessment 1–Examination

18 BCIPA-18 Assessment 2–Assignment

- SCHEDULE 2 -- FEES

$

1 Application for registration as an authorised nominating authority 1 252.50

2 Application for registration as an adjudicator 626.25

3 Application for renewal of registration as an authorised nominating 1 252.50

authority

4 Application for renewal of registration as an adjudicator 626.25

- NOTES

Page Date to which amendments incorporated 7 Key 7 Table of reprints 8 List of

legislation 8 List of annotations 10

This is the reprint date mentioned in the Reprints Act 1992, section 5(c).

Accordingly, this reprint includes all amendments that commenced operation on

or before 1 July 2011. Future amendments of the Building and Construction

Industry Payments Regulation 2004 may be made in accordance with this reprint

under the Reprints Act 1992, section 49.

Key Explanation Key Explanation

AIA = Acts Interpretation Act 1954 (prev) = previously

amd = amended proc = proclamation

amdt = amendment prov = provision

ch = chapter pt = part

def = definition pubd = published

div = division R[X] = Reprint No. [X]

exp = expires/expired RA = Reprints Act 1992

gaz = gazette reloc = relocated

hdg = heading renum = renumbered

ins = inserted rep = repealed

lap = lapsed (retro) = retrospectively

notfd = notified rv = revised edition

num = numbered s = section

o in c = order in council sch = schedule

om = omitted sdiv = subdivision

orig = original SIA = Statutory Instruments Act 1992

p = page SIR = Statutory Instruments

Regulation 2002

para = paragraph SL = subordinate legislation

prec = preceding sub = substituted

pres = present unnum = unnumbered

Reprint No. Amendments included Effective Notes

1 none 1 July 2004

1A 2004 SL No. 203 1 October 2004

1B 2005 SL No. 6 11 February 2005

1C 2005 SL No. 96 27 May 2005

1D 2005 SL No. 96 1 July 2005

1E 2006 SL No. 93 1 July 2006 R1E withdrawn, see R2

2 — 1 July 2006

2A 2007 SL No. 94 1 July 2007

2B 2008 SL No. 140 1 July 2008 R2B withdrawn, see R3

3 — 1 July 2008

3A 2009 SL No. 70 1 July 2009

3B 2009 SL No. 243 6 November 2009

3C 2010 SL No. 96 1 July 2010

3D 2011 SL No. 100 1 July 2011