Building and Construction Industry Security of Payment Regulations 2003

i Building and Construction Industry Security of Payment Regulations 2003 S.R. No. 50/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Definition 1 4. Notice of claim 2 5. Debt certificate 2 6. Discharge notice 2 7. Notice of names of persons from whom the claimant may recover 2 __________________ SCHEDULE 3 FORMS 3 Form 1—Notice of Claim 3 Form 2—Debt Certificate 4 Form 3—Discharge Notice 5 Form 4—Notice of Names of Persons from Whom a Claimant may Recover 6 ═══════════════ -- 1 of 7 -- 1 STATUTORY RULES 2003 S.R. No. 50/2003 Building and Construction Industry Security of Payment Act 2002 Building and Construction Industry Security of Payment Regulations 2003 The Lieutenant-Governor as the Governors Deputy with the advice of the Executive Council makes the following Regulations: Dated: 3 June 2003 Responsible Minister: MARY DELAHUNTY Minister for Planning BRIAN TUKE Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe forms for the purposes of Division 4 of Part 3 of the Building and Construction Industry Security of Payment Act 2002. 2. Authorising provision These Regulations are made under section 52 of the Building and Construction Industry Security of Payment Act 2002. 3. Definition In these Regulations, "the Act" means the Building and Construction Industry Security of Payment Act 2002. -- 2 of 7 -- S.R. No. 50/2003 Building and Construction Industry Security of Payment Regulations 2003 2 4. Notice of claim For the purposes of section 32(2) of the Act, a notice of claim is in the prescribed form if it is in the form of Form 1 in the Schedule. 5. Debt certificate For the purposes of section 33(2) of the Act, a debt certificate is in the prescribed form if it is in the form of Form 2 in the Schedule. 6. Discharge notice For the purposes of section 40(2) of the Act, a discharge notice is in the prescribed form if it is in the form of Form 3 in the Schedule. 7. Notice of names of persons from whom the claimant may recover For the purposes of section 41(1) of the Act, a notice is in the prescribed form if it is in the form of Form 4 in the Schedule. __________________ r. 4 -- 3 of 7 -- S.R. No. 50/2003 Building and Construction Industry Security of Payment Regulations 2003 3 SCHEDULE FORMS FORM 1 Regulation 4 Building and Construction Industry Security of Payment Regulations 2003 NOTICE OF CLAIM (Section 32(2) of the Building and Construction Industry Security of Payment Act 2002) To: [name and address of principal] An adjudicator has determined that an adjudicated amount is payable by [insert name and address of respondent] to me, [insert name and address of claimant], in respect of a construction contract dated [insert relevant date of contract] between me and the respondent. The adjudicated amount is in respect of: [insert details of the time and place that the construction work was carried out and, if relevant, the time and place any goods and services were supplied]. A debt certificate has been issued under section 33 of the Act by the [insert name of Court] dated [insert date certificate was issued] and is attached [attach a copy of the certificate]. Unless, on your application, a court grants a stay of payments under section 37 of the Act, section 35 of the Act provides that after a notice of claim is served on you, you are required to pay me the amount you owe to the respondent under a related contract with the respondent, as set out in the attached debt certificate. If you fail to make such payment, under section 38 of the Act, I am entitled to sue and recover the debt from you. Signature of claimant: Print name and address of claimant: __________________ Sch. -- 4 of 7 -- S.R. No. 50/2003 Building and Construction Industry Security of Payment Regulations 2003 4 FORM 2 Regulation 5 Building and Construction Industry Security of Payment Regulations 2003 DEBT CERTIFICATE (Section 33(2) of the Building and Construction Industry Security of Payment Act 2002) IN THE [name of court] of VICTORIA AT [insert place] In proceedings between [name of claimant] of [address] and [name of respondent] of [address] On the application of the claimant under section 33 of the Building and Construction Industry Security of Payment Act 2002, judgment having been *given/*entered in these proceedings for the recovery of [insert amount] being an adjudicated amount ordered on [insert date] to be recovered as a debt, this certificate for [insert amount] is issued with respect to the debt. Date of issue: [insert relevant date] [Signature of relevant court officer] [Court seal] * delete whichever is not applicable. __________________ Sch. -- 5 of 7 -- S.R. No. 50/2003 Building and Construction Industry Security of Payment Regulations 2003 5 FORM 3 Regulation 6 Building and Construction Industry Security of Payment Regulations 2003 DISCHARGE NOTICE (Section 40(2) of the Building and Construction Industry Security of Payment Act 2002) To: [name and address of principal/respondent*] I acknowledge the payment of $ by [insert name of *principal/*respondent] to me as *partial/*full discharge of the amount due to me in accordance with the debt certificate issued by the [insert name of Court] under section 33 of the Act on [insert date certificate issued]. Dated: Signature of claimant: Print name and address of claimant: * delete whichever is not applicable __________________ Sch. -- 6 of 7 -- S.R. No. 50/2003 Building and Construction Industry Security of Payment Regulations 2003 6 FORM 4 Regulation 7 Building and Construction Industry Security of Payment Regulations 2003 NOTICE OF NAMES OF PERSONS FROM WHOM A CLAIMANT MAY RECOVER (Section 41(1) of the Building and Construction Industry Security of Payment Act 2002) To: [name and address of claimant] I have carried out construction work or supplied goods and services in respect of: [insert details of the time and place the construction work was carried out and, if relevant, the time and place any goods and services were supplied] to the following *person/*persons: [insert name of person or persons] Dated: Signature of respondent: Print name and address of respondent: * delete whichever is not applicable ═══════════════ Sch. -- 7 of 7 --