Building and Construction Industry Payments Act 2004 - Queensland

Service summary

The object of this Act is to ensure that a person is entitled to receive, and is able to recover, progress payments if the person

  1. undertakes to carry out construction work under a construction contract; or
  2. undertakes to supply related goods and services under a construction contract.

The objectives are achieved by:

  1. granting an entitlement to progress payments whether or not the relevant contract makes provision for progress payments; and
  2. establishing a procedure that involves:
  • the making of a payment claim by the person claiming payment; and
  • the provision of a payment schedule by the person by whom the payment is payable; and
  • the referral of a disputed claim, or a claim that is not paid, to an adjudicator for decision; and
  • the payment of the progress payment decided by the adjudicator.

The Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Construction work
  1. Means any of the following work:
    1. the construction, alteration, repair, restoration, maintenance, extension, demolition or dismantling of buildings or structures, whether permanent or not, forming, or to form, part of land
    2. the construction, alteration, repair, restoration, maintenance, extension, demolition or dismantling of any works forming, or to form, part of land, including walls, roadworks, power-lines, telecommunication apparatus, aircraft runways, docks and harbours, railways, inland waterways, pipelines, reservoirs, water mains, wells, sewers, industrial plant and installations for land drainage or coast protection
    3. the installation in any building, structure or works of fittings forming, or to form, part of land, including heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply, fire protection, security and communications systems
    4. the external or internal cleaning of buildings, structures and works, so far as it is carried out in the course of their construction, alteration, repair, restoration, maintenance or extension
    5. any operation that forms an integral part of, or is preparatory to or is for completing, work of the kind referred to in paragraph (a), (b), or (c), including
      1. site clearance, earth-moving, excavation, tunnelling and boring; and
      2. the laying of foundations; and
      3. the erection, maintenance or dismantling of scaffolding; and
      4. the prefabrication of components to form part of any building, structure or works, whether carried out on-site or off-site; and
      5. site restoration, landscaping and the provision of roadways and other access works
    6. the painting or decorating of the internal or external surfaces of any building, structure or works
    7. carrying out the testing of soils and road making materials during the construction and maintenance of roads
    8. any other work of a kind prescribed under a regulation for this subsection.
  2. The definition includes building work as defined in the Queensland Building and Construction Commission Act 1991.
  3. However, construction work does not include any of the following work
    1. the drilling for, or extraction of, oil or natural gas
    2. the extraction of minerals, including tunneling or boring or constructing underground works for that purpose.
Related goods and services

In relation to construction work means any of the following:

  • goods of the following kind
    1. materials and components to form part of any building, structure or work arising from construction work
    2. plant or materials (whether supplied by sale, hire or otherwise) for use in connection with the carrying out of construction work
  • services of the following kind
    1. the provision of labour to carry out construction work
    2. architectural, design, surveying or quantity surveying services relating to construction work
    3. building, engineering, interior or exterior decoration or landscape advisory services relating to construction work
    4. soil testing services relating to construction work
  • goods and services, in relation to construction work, of a kind prescribed under a regulation for this subsection.

Publications Details

  • Queensland Building and Construction Commission Act 1991
  • The Subcontractors Charges Act 1974
  • Adjudication Information Kit

Lodgement

Comply

The Act penalises those respondents which fail to pay the whole or any part of the adjudicated amount to the claimant under section 29. The claimant:

  • may ask the authorised nominating authority to whom the adjudication application was made to provide an adjudication certificate under this section; and
  • may serve notice on the respondent of the claimants intention to suspend, under section 33, carrying out construction work or supplying related goods and services under the construction contract.

Additional information

The Queensland Building and Construction Commission has established an agency to administer the Act, namely the Building and Construction Industry Payments Agency. Persons wanting detailed information on the Act are encouraged to refer to the website.

Appeal

Appeal process

Lodgement

  • A person who has been given an information notice for a decision under this Act may apply for a review of the decision; if the person wishes to review a decision, they must first apply to the registrar for a review of the original decision.
  • A person who has applied to the registrar for a review of a decision, and is dissatisfied with the review decision may apply, as provided under the QCAT Act, to the tribunal for a review of the review decision.

Administering agency

Minister for Housing and Public Works

Regulation(s) name

Building and Construction Industry Payments Regulation 2004 (Queensland)

Contact details

Customer Contact Centre
Queensland Building and Construction Commission

Operating address:
299 Montague Road
West End
Queensland 4101
Mailing address:
GPO Box 5099
Brisbane
Queensland 4001

Phone:

1300 272 272

Fax:

07 3225 2999

Website:

Queensland Building and Construction Commission Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.