Building and Construction Industry Security of Payment (Amendment) Regulations 2007

i Building and Construction Industry Security of Payment (Amendment) Regulations 2007 S.R. No. 19/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Amendment to objective 2 5 New regulation 8 inserted 2 8 Notice of lien 2 6 New Form 5 inserted 2 Form 5—Notice of Lien 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 2007 S.R. No. 19/2007 Building and Construction Industry Security of Payment Act 2002 Building and Construction Industry Security of Payment (Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 27 March 2007 Responsible Minister: JUSTIN MADDEN Minister for Planning RUTH LEACH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Building and Construction Industry Security of Payment Regulations 2003 to prescribe the form of the notice of a lien in respect of the unpaid amount of a progress payment. 2 Authorising provision These Regulations are made under section 52 of the Building and Construction Industry Security of Payment Act 2002. 3 Commencement These Regulations come into operation on 30 March 2007. -- 2 of 5 -- S.R. No. 19/2007 Building and Construction Industry Security of Payment (Amendment) Regulations 2007 2 4 Amendment to objective In regulation 1 of the Building and Construction Industry Security of Payment Regulations 20031 omit "Division 4 of Part 3 of". 5 New regulation 8 inserted After regulation 7 of the Building and Construction Industry Security of Payment Regulations 2003 insert— "8 Notice of lien For the purposes of section 12A of the Act, a notice of lien is in the prescribed form if it is in the form of Form 5 in the Schedule.". 6 New Form 5 inserted At the end of the Schedule to the Building and Construction Industry Security of Payment Regulations 2003 insert— "FORM 5 Regulation 8 Building and Construction Industry Security of Payment Regulations 2003 NOTICE OF LIEN (Section 12A of the Building and Construction Industry Securityof Payment Act 2002) To: [name and address of respondent] On [date] I [insert name and address of claimant] served on you a payment claim for a progress payment identified as [insert information identifying the payment claim]. The payment claim was made in respect of *construction work carried out/*goods and services supplied by me under the construction contract identified as [insert information identifying the contract]. r. 4 -- 3 of 5 -- S.R. No. 19/2007 Building and Construction Industry Security of Payment (Amendment) Regulations 2007 3 The progress payment became due and payable on [date]. I supplied the following *unfixed plant/*materials in connection with carrying out the construction work under that contract: [clearly identify any unfixed plant or materials to which this notice refers]. At the date of this notice, I have not received the progress payment. Accordingly I am exercising a lien in respect of the unpaid amount of the progress payment over the unfixed plant and materials listed in this notice. The lien will be extinguished when I receive the progress payment. Signature of claimant: Print name and address of claimant: Date: *delete if inapplicable Note Section 12A(1) of the Act provides that if a progress payment under a construction contract becomes due and payable, the claimant is entitled to exercise a lien in respect of the unpaid amount over any unfixed plant or materials supplied by the claimant for use in connection with the carrying out of construction work for the respondent.". ═══════════════ r. 6 -- 4 of 5 -- S.R. No. 19/2007 Building and Construction Industry Security of Payment (Amendment) Regulations 2007 4 ENDNOTES 1 Reg. 4: S.R. No. 50/2003. Endnotes -- 5 of 5 --