The Building and Construction Industry Security of Payment Regulations 2011 SA have now been made. As at the date of this post, they are not yet available on AUSTLII, but are set out below.
No surprises; the Regulations are extremely sparse.
1 December 2011
THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE
Building and Construction Industry Security of Payment Regulations 2011 under the Building and Construction Industry Security of Payment Act 2009
1 Short title
4 Recognised financial institutions
5 Related goods and services
6 Eligibility criteria for adjudicators
These regulations may be cited as the Building and Construction Industry Security of Payment Regulations 2011.
These regulations will come into operation on the day on which the Building and Construction Industry Security of Payment Act 2009 comes into operation.
In these regulations—
Act means the Building and Construction Industry Security of Payment Act 2009.
4—Recognised financial institutions
Each person or body that is a body regulated by the Australian Prudential Regulation Authority under the Australian Prudential Regulation Authority Act 1998 of the Commonwealth is prescribed for the purposes of the definition of recognised financial institution in section 4 of the Act.
5—Related goods and services
Services of the following kind are prescribed for the purposes of section 6(1) of the Act:
(a) project management services in relation to construction work;
(b) contract management services in relation to construction work;
(c) consultancy services in relation to construction work.
6—Eligibility criteria for adjudicators
Pursuant to section 18(l)(b) of the Act, a natural person is eligible to be an adjudicator in relation to a construction contract if—
(a) the person has successfully completed a formal course of training of at least 2 days duration in adjudication of payment disputes in the building and construction industry that required the person to pass a written examination; and
(b) the person—
(i) holds a degree, diploma or other qualification in—
(A) architecture; or
(B) building surveying; or
(C) building; or
(D) construction; or
(E) law; or
(F) project management; or
(G) quantity surveying,
from a university; or
(ii) is, or is eligible to be, a member (other than a student member) of any 1 or more of the following professional bodies:
(A) The Royal Australian Institute of Architects;
(B) Engineers Australia;
(C) Australian Institute of Building Surveyors;
(D) The Institute of Arbitrators and Mediators Australia;
(E) The Australian Institute of Building;
(F) Australian Institute of Project Management; or
(iii) holds registration as a building work supervisor under the Building Work Contractors Act 1995 that authorises the person to supervise construction work of a kind carried out, or to be carried out, under the construction contract.
Note-As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister’s opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor’s Deputy
with the advice and consent of the Executive Council on 1 December 2011
No 251 of 2011