New ACT Tasmania Victoria South Queensland Western Australia Northern South Australia Current legislation Building Industry Territory – Fairness (Security of Payment) Act 2017 Wales Timeframe for Later of: Later of: Later of: Progress payment within the longest of As per contractual terms; or – period prescribed by the contract; or period period the following periods: as per contractual submission of In the absence of contractual terms, any time after prescribed prescribed by or within 6 months of construction 12 months period after the construction the contractor has performed any of its obligations. payment claim by the the contract; or work to which claim relates being last work to which the claim relates was last contract; or carried out (or related goods and services 6 months period carried out. were last supplied). 3 month after the payment within the longest of the period after construction – the work to which following periods: as per contractual reference the claim relates terms; or 28 days after the end of the last date. was last carried defects liability period for the contract; or out. 6 months after completion of all construction work to be carried out (or related goods and services to be supplied). New ACT Tasmania Victoria South Queensland Western Australia Northern South Australia Current legislation Building Industry Territory – Fairness (Security of Payment) Act 2017 Wales Timeframes for Earlier of : Date prescribed by the contract; or Date prescribed As per contractual terms (unless void As per contractual (but As per contractual 30 by the contract; under the QBCC Act or a 'pay when cannot be more than 42 terms (but cannot claimants to be if no date is prescribed the contract, 10 business or paid' provision); or days after the payment is be more than 50 business days after a payment claim is paid are: days after claimed); or days after the made. if no date is If no (or void) contractual terms, then 10 a payment payment is Within 28 days of receiving prescribed business days after the day the payment claim is claimed); or under the claim is made. a payment claim if it has not made; or Within 28 days of contract, 15 been disputed. date business days receiving a prescribed after a payment payment claim if it by claim is made. has not been contract. disputed.
New South Wales ACT Tasmania Victoria South Australia Queensland Current legislation – Building Industry Fairness (Security of Payment) Act 2017 Western Australia Northern Territory Timeframe for submission of payment claim Later of: period prescribed by the contract; or 12 months period after the construction work to which the claim relates was last carried out. Later of: period prescribed by the contract; or 3 month period after the reference date. Later of: period prescribed by the contract; or 6 months period after the construction work to which the claim relates was last carried out. Progress payment – within the longest of the following periods: as per contractual or within 6 months of construction work to which claim relates being last carried out (or related goods and services were last supplied). payment – within the longest of the following periods: as per contractual terms; or 28 days after the end of the last defects liability period for the contract; or 6 months after completion of all construction work to be carried out (or related goods and services to be supplied). As per contractual terms; or In the absence of contractual terms, any time after the contractor has performed any of its obligations. New South Wales ACT Tasmania Victoria South Australia Queensland Current legislation – Building Industry Fairness (Security of Payment) Act 2017 Western Australia Northern Territory Timeframes for claimants to be paid are: Earlier of : 30 business days after a payment claim is made; or date prescribed by contract. Date prescribed by the contract; or if no date is prescribed the contract, 10 business days after a payment claim is made. Date prescribed by the contract; or if no date is prescribed under the contract, 15 business days after a payment claim is made. As per contractual terms (unless void under the QBCC Act or a 'pay when paid' provision); or If no (or void) contractual terms, then 10 business days after the day the payment claim is made. As per contractual (but cannot be more than 42 days after the payment is claimed); or Within 28 days of receiving a payment claim if it has not been disputed. As per contractual terms (but cannot be more than 50 days after the payment is claimed); or Within 28 days of receiving a payment claim if it has not been disputed.
sop_state_and_territory_law_checklist.docx