Key Points:
The Tasmanian bill closely reflect the New South Wales
legislation.
The Tasmanian Government has announced the release of the
Building and Construction Industry Security of Payment Bill
2009.
The proposed security of payment scheme will apply to a broad
range of construction work. It will allow a contractor to refer
disputes over progress claims to a rapid adjudication process. If
the adjudicator determines any amount to be owed, it will be an
enforceable debt. However, the outcome of the adjudication is
provisional, in the sense that it will not prejudice any subsequent
arbitration or court proceedings.
Similar security of payment schemes are already in force in New
South Wales, Victoria, Queensland, Western Australia and the
Northern Territory. In March 2009 a Building and Construction
Industry Security of Payment Bill was also read for the second time
for the South Australian Government. Both the Tasmanian and South
Australian bills closely
