The Queensland Parliament yesterday passed the Building Industry
Fairness (Security of Payment) Act 2017. There were a substantial
number of amendments made to
the original Bill to take account of feedback received during
the Committee stage and deal with drafting issues. These included
the introduction of a mandatory review of the reforms by 1
September 2018. However the broad approach of the
legislation remains untouched.
The trial of Project Bank Accounts under Chapter 2 of the Act
for government building contracts between $1 and $10 million is
expected to commence on 1 January 2018.
The commencement dates for the changes to the BCIPA regime and
Subcontractors' Charges are yet to be announced. Notably, the
reformed BCIPA regime will apply to payment claims made after its
commencement, meaning that existing construction contracts will
become subject to that regime. Given the abolition of the second
chance for delivery of payment schedules and also the removal