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

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

S.R. No. 19/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Amendment to objective

5New regulation 8 inserted

8Notice of lien

6New Form 5 inserted

Form 5—Notice of Lien

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ENDNOTES

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

1Objective

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.

2Authorising provision

These Regulations are made under section 52 of the Building and Construction Industry Security of Payment Act 2002.

3Commencement

These Regulations come into operation on 30 March 2007.

4Amendment to objective

In regulation 1 of the Building and Construction Industry Security of Payment Regulations 2003[1] omit "Division 4 of Part 3 of".

5New regulation 8 inserted

After regulation 7 of the Building and Construction Industry Security of Payment Regulations 2003 insert—

8Notice 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.".

6New 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].

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.".

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ENDNOTES

[1] Reg. 4: S.R. No. 50/2003.