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Queensland Collapse sections 28 of 28 topics · Provisions checked 23 October 2026
01 Legislation and application Legislation Building Industry Fairness (Security of Payment) Act 2017
Act consolidation date Application and key exclusions Chapter 3 applies to construction contracts, including older contracts, except unfinished claims preserved under the repealed 2004 Act. Domestic building work for a resident owner’s own home is excluded, but owner-builders and building contractors are not resident owners for this exclusion. Financial, employment and non-value-based consideration exclusions also apply (s 61). Giving a subcontractors’ charge notice restricts Chapter 3 remedies (s 62).
Geographical application Excludes work outside Queensland and related goods and services for that work, regardless of the contract’s chosen law (s 61(1), (4)).
02 Counting days Statutory day terminology Business days. The 28-day final-claim period uses calendar days (Sch 2; s 75(3)(b)).
Days excluded from the statutory count Saturdays, Sundays, public, special or bank holidays at the place where the relevant act is to be or may be done, and 22–24 December, 27–31 December and 2–10 January inclusive (Sch 2).
Treatment of part-day public holidays Christmas Eve is excluded for the whole day by the BIF Act, independently of the public holiday from 6 pm to midnight. No express general whole-day deeming rule for other part-day holidays appears in the BIF Act (Sch 2; Holidays Act 1983 s 2(3)).
03 Payment entitlement and valuation Reference date required Yes. A contractual reference date applies; if none is stated, the statutory monthly date applies (ss 67, 70).
Entitlement to progress payments Yes, from each reference date, for work carried out or related goods and services supplied under the contract (s 70).
Frequency of payment claims No more than one payment claim for each reference date. A claim may repeat an earlier amount (s 75(4)–(5)).
Amount of a progress payment Calculate the amount under the contract. If the contract does not provide for it, value the work or related goods and services under the statutory valuation rules (ss 71–72).
04 Payment claims Name of the payment claim Payment claim (ss 68, 75(1)).
Who gives and receives a payment claim The claimant gives the claim to the person who is or may be liable to make the payment under the contract (the respondent) (s 75(1)).
When a payment claim may first be given On or after each reference date. If the contract does not provide a reference date, use the last day of the first month of work or supply and each subsequent month (ss 67(1), 70, 75(1)).
Payment claims after termination If the contract does not provide for a reference date surviving termination, or purports to prevent one, the final reference date is termination. Otherwise the surviving contractual reference date governs (s 67(2)).
Required payment claim content Be in writing, identify the work or related goods and services, state the claimed amount and request payment. A document bearing “invoice” satisfies the request requirement. The current Regulation prescribes no additional claim information (s 68). See the supporting-statement requirement below.
Must the claim identify the SOP Act No statutory endorsement is required. The claim must request payment (s 68).
Effect of giving a claim early No express deeming rule turns an early claim into a timely claim. Entitlement arises from the reference date (ss 67, 70, 75).
Latest time for a payment claim Interim: before the end of the longer of the contractual claim period and 6 months after the relevant work or supply. Final: before the end of the longest of the contractual period, 28 calendar days after the last defects liability period ends, 6 months after completion of all work, or 6 months after complete supply of related goods and services (s 75(2)–(3)).
Subcontractor payment supporting statement Required if there is a subcontract under the claimed contract and that contract is not itself a subcontract. Declare all amounts owed at the claim date are paid, or identify each unpaid subcontractor, amount, claim details, work/supply date and reason for non-payment, and confirm all others are paid. Non-compliance is an offence but does not invalidate the claim (s 75(6)–(9)).
05 Payment schedules Name of the response Payment schedule (ss 69, 76).
Required response content Be in writing, identify the payment claim and state the amount proposed, including nil. If less than the claimed amount, explain the difference and give reasons for withholding payment. The current Regulation prescribes no additional schedule information (s 69).
Who gives and receives the response The respondent must give the payment schedule to the claimant unless the claim is paid in full by the due date (s 76(1)–(2)).
Time to give a response Within the earlier of the contractual schedule period and 15 business days after the payment claim is given. A schedule is mandatory unless the claim is paid in full by the payment due date; failure is an offence (s 76(1)–(2)).
Amount payable and failure to respond A required payment schedule commits the respondent to its proposed amount by the due date, subject to required retention under Part 4A. Without a required schedule, the claimed amount is payable by the due date. Failure to give a required schedule or pay its amount is an offence (ss 76–78).
06 Payment due dates Payment due date Use the contractual due date; if none, 10 business days after the payment claim. QBCC Act ss 67U and 67W void terms exceeding 25 business days for construction management trade contracts/subcontracts or 15 business days for commercial building contracts. A contract caught by BIF Act s 73(4) falls back to the 10-business-day rule; the cap is not automatically the replacement due date (s 73).
07 Suspension Right to suspend and prerequisites For an unpaid amount owed on a claim or an unpaid adjudicated amount, give written notice identifying the Act and wait at least 2 business days. The right continues for 3 business days after payment. A subcontractors’ charge notice can prevent suspension for the same work or supply (ss 62, 78, 92, 98).
Financial effects of lawful suspension If the respondent removes work or supply because the claimant exercises the statutory suspension right, the respondent must pay the claimant’s resulting loss or expenses. The claimant is not liable to the respondent, or anyone claiming through it, for loss or damage caused by the suspension (s 98(3)–(4)).
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New South Wales Legislation and application Legislation Building and Construction Industry Security of Payment Act 1999
Act consolidation date Application and key exclusions Construction contracts, including oral contracts and contracts governed by another jurisdiction’s law. Financial, employment and non-value-based consideration exclusions apply (s 7). The owner-occupier exemption was removed from 1 March 2021 (2020 Regulation Sch 2). A corporation in liquidation cannot serve or enforce a claim under Part 3 (s 32B). See s 8(2) licensing and insurance restrictions. Older regimes are recorded in Sources.
Geographical application Excludes work outside NSW and related goods and services for that work, regardless of the contract’s chosen law (s 7(1), (4)).
Counting days Statutory day terminology Business days. Use calendar days or months where expressly stated (s 4).
Days excluded from the statutory count Saturdays, Sundays, public holidays and 27–31 December inclusive (s 4).
Treatment of part-day public holidays No express whole-day deeming rule in the SOP Act. Public holidays may be declared for a day or part-day (SOP Act s 4; Public Holidays Act 2010 ss 3, 5; Interpretation Act 1987 Sch 4).
Payment entitlement and valuation Reference date required No, under the regime for contracts entered into from 21 October 2019. Earlier contracts require the former reference-date rules (ss 8, 13; Sch 2 cl 6).
Entitlement to progress payments Yes. A person undertaking construction work or related goods and services has a statutory entitlement. Section 8(2), in force from 20 August 2024, excludes entitlement if the contract does not comply with Home Building Act s 4 or involves residential building work done in contravention of s 92 (s 8).
Frequency of payment claims Unless the contract permits otherwise, one payment claim in a named month for work or supply in that month. A claim may combine progress payments or repeat an earlier amount. Claims for work or supply in a previous month are also permitted (s 13(5)–(6)).
Amount of a progress payment Calculate the amount under the contract. If the contract does not provide for it, value the work or related goods and services under the statutory valuation rules (ss 9–10).
Payment claims Name of the payment claim Who gives and receives a payment claim The claimant gives the claim to the person who is or may be liable to make the payment under the contract (the respondent) (s 13(1)).
When a payment claim may first be given On or after the last day of the month when work was first carried out or related goods and services first supplied, and each subsequent month. An earlier contractual date prevails (s 13(1A)–(1B)).
Payment claims after termination A claim may be served on or after termination, subject to the latest claim period (s 13(1C), (4)). This is the regime for contracts entered into from 21 October 2019 (Sch 2 cl 6).
Required payment claim content Identify the work or related goods and services and state the claimed amount. The statutory endorsement is also required (s 13(2)). See the supporting-statement requirement below.
Must the claim identify the SOP Act Yes. State that the claim is made under the Act (s 13(2)(c)).
Effect of giving a claim early No express deeming rule turns an early claim into a timely claim. The statutory earliest claim date still applies (s 13(1A)–(1C)).
Latest time for a payment claim Within the later of the contractual claim period and 12 months after the relevant work was last carried out or related goods and services last supplied (s 13(4)).
Subcontractor payment supporting statement A head contractor’s claim to the principal must include a signed approved supporting statement identifying the claim. Declare, to the best of the signer’s knowledge and belief, that directly engaged subcontractors and suppliers have been paid all amounts due and payable for the claimed work. Use the owner-occupier form for those contracts and the general form otherwise; the general form also lists the relevant subcontractors (s 13(7)–(9); Regulation cl 18; approved forms).
Payment schedules Name of the response Payment schedule (s 14(1)).
Required response content Identify the payment claim and state the scheduled amount, including nil. If it is less than the claimed amount, explain the difference and give any reasons for withholding payment (s 14(2)–(3)).
Who gives and receives the response The respondent gives the payment schedule to the claimant (s 14(1)).
Time to give a response Within the earlier of the contractual schedule period and 10 business days after service of the payment claim (s 14(4)).
Amount payable and failure to respond A timely payment schedule commits the respondent to the scheduled amount by the due date. Without a timely schedule, the claimed amount becomes payable by the due date. Non-payment permits debt recovery or adjudication, subject to the relevant procedural requirements (ss 14(4), 15–17).
Payment due dates Payment due date Outside the exempt residential category: the earlier of the contractual due date and 15 business days after the claim for principal-to-head-contractor payments, or 20 for subcontractor payments. For an exempt residential contract, use the contractual due date or, if none, 10 business days after the claim. The category includes owner-occupier contracts and contracts connected with them (ss 4, 11; Regulation cl 3(1A)).
Suspension Right to suspend and prerequisites For an unpaid claimed amount where no timely schedule was given, an unpaid scheduled amount, or an unpaid adjudicated amount, give notice of intention to suspend stating that it is made under the Act. At least 2 business days must pass before suspension. The right continues for 3 business days after payment is received (ss 15–16, 24, 27).
Financial effects of lawful suspension If the respondent removes work or supply because the claimant exercises the statutory suspension right, the respondent must pay the claimant’s resulting loss or expenses. The claimant is not liable to the respondent, or anyone claiming through it, for loss or damage caused by the suspension (s 27(2A), (3)).
Victoria Legislation and application Legislation Building and Construction Industry Security of Payment Act 2002
Act consolidation date Application and key exclusions Construction contracts entered into from 30 March 2007 generally use the amended scheme. Domestic building contracts with owners outside the business of building residences are excluded; related residential-work exclusions also apply. Financial, employment and non-value-based consideration exclusions apply (s 7). The 2026 reforms generally extend to existing contracts, subject to s 54.
Geographical application Excludes work outside Victoria and related goods and services for that work, regardless of the contract’s chosen law (s 7(1), (4)).
Counting days Statutory day terminology Business days. Use calendar days or months where expressly stated (s 4).
Days excluded from the statutory count Saturdays, Sundays, days wholly or partly observed as public holidays throughout Victoria, and 22 December–10 January inclusive (s 4).
Treatment of part-day public holidays A day partly observed as a public holiday throughout Victoria is excluded for the whole day (s 4).
Payment entitlement and valuation Reference date required No, under the reforms commencing 15 April 2026. Earlier claims and applications may remain under the former reference-date rules (ss 9, 14A; s 54).
Entitlement to progress payments Yes. A person undertaking construction work or related goods and services has a statutory entitlement (s 9(1)).
Frequency of payment claims No more than one payment claim for a named month unless the contract permits otherwise. A claim may combine progress payments or repeat an unpaid earlier amount. Milestone claims cannot be required less frequently than monthly (ss 14B–14D).
Amount of a progress payment Calculate the amount under the contract. If the contract does not provide for it, value the work or related goods and services under the statutory valuation rules (ss 10–11).
Payment claims Name of the payment claim Who gives and receives a payment claim The claimant gives the claim to the person who is or may be liable to make the payment under the contract (the respondent) (s 14(1)).
When a payment claim may first be given On or after the last day of the first month of work or supply and each subsequent month with further work or supply. For 1–21 December work or supply, from 22 December; for 22–31 December work or supply, from 31 January. An earlier contractual date prevails (s 14A(1)–(3)).
Payment claims after termination If termination notice is served or termination is agreed, a claim may be served from the contractual termination date. Entitlement is not lost by termination, purported termination or expiry. The latest claim limit still applies (ss 14A(4), (6), 14C).
Required payment claim content Identify the work or related goods and services, state the claimed amount and include the statutory endorsement. Use any prescribed form and information; the current 2023 Regulations prescribe no payment-claim form or additional claim information (s 14(2)).
Must the claim identify the SOP Act Yes. State that the claim is made under the Act (s 14(2)(e)).
Effect of giving a claim early An early claim is not invalid: it is deemed served on the earliest permitted day, and the schedule period starts on that day (s 14A(5)).
Latest time for a payment claim No later than the day before the latest of: the contractual last claim date; 6 months after practical completion of all work; or 6 months after supply of all related goods and services (s 14C).
Subcontractor payment supporting statement No general subcontractor-payment supporting statement is required for a payment claim under s 14 or the current 2023 Regulations.
Payment schedules Name of the response Payment schedule (s 15(1)).
Required response content Identify the payment claim and state the scheduled amount, including nil. If it is less than the claimed amount, explain the difference and give any reasons for withholding payment. Use any prescribed form and information; the current 2023 Regulations prescribe none for payment schedules (s 15(2)–(3)).
Who gives and receives the response The respondent gives the payment schedule to the claimant (s 15(1)).
Time to give a response Within the earlier of the contractual schedule period and 10 business days after service of the payment claim (s 15(4)).
Amount payable and failure to respond A timely payment schedule commits the respondent to the scheduled amount by the due date. Without a timely schedule, the claimed amount becomes payable by the due date. Non-payment permits debt recovery or adjudication, subject to the relevant procedural requirements (ss 15(4), 16–18).
Payment due dates Payment due date Use the contractual due date. A term allowing payment later than 20 business days after service has no effect. If the contract has no express due date, payment is due 10 business days after the earliest day the claim may be served, which can differ from actual service (s 12(1), (1B)).
Suspension Right to suspend and prerequisites For an unpaid claimed amount where no timely schedule was served, an unpaid scheduled amount or an unpaid adjudicated amount, give the statutory notice identifying the Act. At least 3 business days must pass before suspension. After payment, suspension ends after the contractual return-to-work period if at least 1 business day, otherwise after 3 business days (ss 16–17, 28O, 29).
Financial effects of lawful suspension If the respondent removes work or supply because the claimant exercises the statutory suspension right, the respondent must pay the claimant’s resulting loss or expenses. The claimant is not liable to the respondent, or anyone claiming through it, for loss or damage caused by the suspension. A lawful suspension is not a contractual breach (s 29(3)–(5)).
Western Australia Legislation and application Legislation Building and Construction Industry (Security of Payment) Act 2021
Act consolidation date Application and key exclusions The payment-claim scheme applies to contracts entered into from 1 August 2022. Earlier contracts remain under the Construction Contracts (Former Provisions) Act 2004. Individual-principal home building contracts valued at no more than $500,000 are excluded unless for multiple dwellings or the principal’s residential development business; subcontracts are not excluded on this basis. Financial, employment and consideration exclusions also apply (ss 9–10).
Geographical application Excludes work outside WA and related goods and services for that work. For this purpose, WA includes adjacent waters within the State’s territorial limits and adjacent waters outside those limits if WA law governs the contract (s 10(6)–(7)).
Counting days Statutory day terminology Business days. The 28-day final-claim period uses calendar days (ss 4, 23(5)(b)).
Days excluded from the statutory count Saturdays, Sundays, public holidays and 22 December–10 January inclusive (s 4).
Treatment of part-day public holidays No express whole-day deeming rule in the SOP Act. The Interpretation Act defines public holidays and public half-holidays separately (SOP Act s 4; Interpretation Act 1984 s 5).
Payment entitlement and valuation Reference date required No, under the 2021 Act. Earlier contracts use a separate statutory regime (ss 17, 23; s 9).
Entitlement to progress payments Yes. A person undertaking construction work or related goods and services has a statutory entitlement. Breach damages are excluded, and statutory registration restrictions remain relevant (s 17).
Frequency of payment claims No more than one payment claim for a named month unless the contract permits otherwise. A claim may combine progress payments or repeat an unpaid earlier amount (s 23(7)–(8)).
Amount of a progress payment Calculate the amount under the contract. If the contract does not provide for it, value the work or related goods and services under the statutory valuation rules. Breach damages are excluded (ss 17(3), 18–19).
Payment claims Name of the payment claim Who gives and receives a payment claim The claimant gives the claim to the person who is or may be liable to make the payment under the contract (the respondent) (s 22(1)).
When a payment claim may first be given On or after the last day of the month when work was first carried out or related goods and services first supplied, and each subsequent month. An earlier contractual date prevails (s 23(2)–(3)).
Payment claims after termination A claim may be made on or after termination and before the applicable latest claim date (s 23(6)).
Required payment claim content Be in writing and any approved form, state the claimed amount, describe the items and quantities of work or related goods and services, and include the statutory endorsement and any prescribed information. A qualifying home building claim to an individual principal must also include the prescribed homeowner’s notice (s 24; regs 6, Sch 1).
Must the claim identify the SOP Act Yes. State that the claim is made under the Act (s 24(1)(d)).
Effect of giving a claim early No express deeming rule turns an early claim into a timely claim. The statutory earliest claim date still applies (s 23(2)–(3)).
Latest time for a payment claim Interim: before the later of the contractual last claim date and 6 months after the relevant work or supply. Final (including a single or one-off payment): before the latest of the contractual date, 28 calendar days after the last defects liability period ends, 6 months after completion of all work, or 6 months after supply of all related goods and services (s 23(1), (4)–(5)).
Subcontractor payment supporting statement No general subcontractor-payment supporting statement is required under s 24. The homeowner’s notice is a separate document.
Payment schedules Name of the response Payment schedule (s 25(1)).
Required response content Be in writing and any approved form. Identify the payment claim and state the scheduled amount or that no payment is proposed. If less or nil is proposed, explain why and give any reason for withholding payment (s 25(2)–(3)).
Who gives and receives the response The respondent gives the payment schedule to the claimant (s 25(1)).
Time to give a response Before the earlier of the contractual schedule deadline and 15 business days after the payment claim is made (s 25(1)).
Amount payable and failure to respond A timely payment schedule commits the respondent to the scheduled amount by the due date. Without a timely schedule, the claimed amount becomes payable by the due date. Non-payment permits debt recovery or adjudication; a respondent without a timely schedule cannot lodge an adjudication response (ss 26–28, 34(2)).
Payment due dates Payment due date Non-home-building work: the earlier of the contractual due date and 20 business days after the claim for principal-to-head-contractor payments, or 25 business days for subcontractor payments (including where no head contractor intervenes). Home building work: use the contractual due date or, if none, 10 business days after the claim (s 20).
Suspension Right to suspend and prerequisites For an unpaid claimed/scheduled amount, unpaid adjudicated amount, or failure to deposit required retention money in trust, give written notice identifying the Act and wait at least 2 business days. Suspension for an adjudicated amount is barred while the respondent’s review application remains undetermined. Suspension may continue 3 business days after payment, or deposit and notification for retention money (s 62).
Financial effects of lawful suspension If the respondent removes work or supply because the claimant exercises the statutory suspension right, the respondent must pay the resulting loss, including expenses and damage. The claimant may claim that loss under Part 3 and is protected against suspension losses claimed by the respondent or persons claiming through it. Protection survives later invalidity of a statutory step relied on in good faith (s 63).
Northern Territory Legislation and application Legislation Construction Contracts (Security of Payments) Act 2004
Act consolidation date Application and key exclusions Construction contracts entered into from 1 July 2005, including oral contracts and contracts governed by another jurisdiction’s law. Prescribed employees are excluded. Contracts for at least 500 million monetary units may opt out of Part 3 adjudication only through a prescribed contractual dispute mechanism, including continued payments if unresolved after 45 working days (ss 4A, 5–7, 9–10A; regs 5A–5B).
Geographical application Construction work must be on a site in the Territory, including offshore. This includes constructing at that site a structure destined to form part of land or the seabed elsewhere. Goods must be supplied to the site; professional services may be provided off-site (ss 4–7).
Counting days Statutory day terminology Working days. Do not substitute calendar days (s 4).
Days excluded from the statutory count Saturdays, Sundays, public holidays at the place where the relevant act is to be or may be done (excluding part-day holidays), and 25 December–7 January inclusive (s 4).
Treatment of part-day public holidays A part-day public holiday is not excluded on that ground. Other exclusions may still exclude the day (s 4).
Payment entitlement and valuation Reference date required No statutory reference-date system. The contract and any implied progress-claim provisions govern when a claim can be made (s 18; Sch 1 cls 3–4).
Entitlement to progress payments The contract governs. If there is no written provision about entitlement to claim progress payments, an entitlement to one or more claims for performed, unpaid obligations is implied (s 18; Sch 1 cls 3–4).
Frequency of payment claims The contract governs. If the implied progress-claim provisions apply, one or more claims may be made after obligations are performed; an earlier claim does not prevent another claim. No fixed monthly limit is imposed by those provisions (s 18; Sch 1 cls 3–4).
Amount of a progress payment The contract governs. If there is no written amount or calculation provision, reasonable payment for performed obligations is implied. Where the implied claim-content rules apply, calculate by the contract or, if silent, the relevant proportion of the contract sum, contractual rates or a reasonable amount (ss 17, 19; Sch 1 cls 2, 5(2)–(3)).
Payment claims Name of the payment claim Who gives and receives a payment claim The contractor claims against the principal for performance or accrued rights; the principal may claim against the contractor for performance, non-performance or accrued rights (s 7A(1)).
When a payment claim may first be given The contract governs. If the implied progress-claim provisions apply, at any time after the contractor has performed any contractual obligation (s 18; Sch 1 cl 4(1)).
Payment claims after termination The contract remains a construction contract after expiry or termination. Either party may claim an accrued contractual right. There is no separate general termination claim date (ss 5(1A), 7A(1)(c)–(d)).
Required payment claim content The contract governs. If the implied claim-content provisions apply, give a written claim addressed to the other party, naming the claimant and stating its date and amount. A contractor must itemise performed obligations sufficiently for assessment; a principal must describe the claim’s basis sufficiently for assessment (s 19; Sch 1 cl 5(1)).
Must the claim identify the SOP Act No statutory endorsement is required by s 7A or the implied claim-content provisions. The contract governs any contractual endorsement requirement (s 19; Sch 1 cl 5).
Effect of giving a claim early No general statutory deeming rule. The contract governs claim timing; under the implied progress-claim provisions, the contractor must first have performed an obligation (s 18; Sch 1 cl 4).
Latest time for a payment claim No general latest payment-claim date is fixed by the Act. Contractual claim limits and general limitation law still matter. A separate adjudication application normally must be made within 65 working days after a payment dispute arises, unless the parties consent to a later application (ss 7A–8, 28(1)).
Subcontractor payment supporting statement No general subcontractor-payment supporting statement is required by s 7A or Sch 1 cl 5. Contractual requirements may still apply.
Payment schedules Name of the response Notice of dispute, where the implied response provisions apply (s 20; Sch 1 cl 6).
Required response content The contract governs. If the implied response provisions apply, give a signed written notice addressed to the claimant, naming the giver, stating its date and identifying the claim. Give reasons for rejection, or identify each disputed item and the reasons for disputing it (s 20; Sch 1 cl 6(3)).
Who gives and receives the response The party receiving the payment claim gives the notice of dispute to the claimant, where the implied response provisions apply (s 20; Sch 1 cl 6).
Time to give a response The contract governs when and how to respond. If it has no written provision on the matter, the implied rules apply to a rejected or disputed claim: give a notice of dispute and pay any undisputed part within 10 working days after receipt, or pay the whole claim within 20 working days (s 20; Sch 1 cl 6(1)–(2)).
Amount payable and failure to respond The contract governs unless the relevant implied provision applies. For a rejected or disputed claim, give a notice of dispute and pay any undisputed part within 10 working days after receipt, or pay the whole claim within 20 working days. Contractual retention is preserved, with written advice of the amount retained (s 20; Sch 1 cl 6).
Payment due dates Payment due date Use the contractual due date, but a term exceeding 30 working days after payment is claimed is read down to 30 working days. If there is no written provision on the relevant response or payment matter, Sch 1 cl 6 applies its 10/20-working-day alternatives to rejected or disputed claims (ss 13, 20).
Suspension Right to suspend and prerequisites Only the contractor may use s 44 after an adjudicator orders payment and the principal fails to pay. Give written notice with the prescribed details and proposed suspension date at least 3 working days beforehand. If still unpaid on that date, suspend until no later than 3 working days after payment (s 44; regs 4, 10).
Financial effects of lawful suspension The contractor is not liable to the principal, or anyone claiming through it, for loss or damage from a lawful s 44 suspension. Contractual rights, including any right to terminate, are preserved. Section 44 does not itself create a separate right to suspension costs (s 44(5)).
South Australia Legislation and application Legislation Building and Construction Industry Security of Payment Act 2009
Act consolidation date Application and key exclusions Construction contracts entered into from 10 December 2011. Domestic building work on premises where the customer resides or proposes to reside is excluded. Financial, employment and non-value-based consideration exclusions also apply (s 7; Sch 1 cl 4). Crown contracts exceeding $4 million excluding GST are exempt from specified default-liability, adjudication and suspension provisions (2026 regs 7).
Geographical application Excludes work outside SA and related goods and services for that work, regardless of the contract’s chosen law (s 7(1), (4)).
Counting days Statutory day terminology Business days. Use calendar days or months where expressly stated (s 4).
Days excluded from the statutory count Saturdays, Sundays, public holidays, 27–31 December inclusive, and any other day of a statewide building and construction industry shutdown. A part-day public holiday is not excluded merely because it is a public holiday (s 4; Legislation Interpretation Act s 46).
Treatment of part-day public holidays A part-day public holiday is not excluded on that ground. Other exclusions, including 27–31 December and a statewide industry shutdown, may still exclude the day (Legislation Interpretation Act 2021 s 46; SOP Act s 4).
Payment entitlement and valuation Reference date required Yes. A contractual reference date applies; if none is stated, the statutory monthly date applies (ss 4, 8).
Entitlement to progress payments Yes, on or after each reference date (s 8).
Frequency of payment claims No more than one payment claim for each reference date. A claim may repeat an earlier amount (s 13(5)–(6)).
Amount of a progress payment Calculate the amount under the contract. If the contract does not provide for it, value the work or related goods and services under the statutory valuation rules (ss 9–10).
Payment claims Name of the payment claim Who gives and receives a payment claim The claimant gives the claim to the person who is or may be liable to make the payment under the contract (the respondent) (s 13(1)).
When a payment claim may first be given On or after each reference date. If the contract does not provide a reference date, use the last day of the first month of work or supply and each subsequent month (ss 4, 8, 13(1)).
Payment claims after termination The Act creates no separate reference date on termination. A payment claim still requires a reference date, determined under the contractual or statutory reference-date rules (ss 4, 8, 13).
Required payment claim content Identify the work or related goods and services, state the claimed amount and include the statutory endorsement (s 13(2)).
Must the claim identify the SOP Act Yes. State that the claim is made under the Act (s 13(2)(c)).
Effect of giving a claim early No express deeming rule turns an early claim into a timely claim. Entitlement arises on or after the reference date (ss 4, 8, 13).
Latest time for a payment claim Within the later of the contractual claim period and 6 months after the relevant work was last carried out or related goods and services last supplied (s 13(4)).
Subcontractor payment supporting statement No general subcontractor-payment supporting statement is required under s 13 or the 2026 Regulations.
Payment schedules Name of the response Payment schedule (s 14(1)).
Required response content Identify the payment claim and state the scheduled amount, including nil. If it is less than the claimed amount, explain the difference and give any reasons for withholding payment (s 14(2)–(3)).
Who gives and receives the response The respondent gives the payment schedule to the claimant (s 14(1)).
Time to give a response Within the earlier of the contractual schedule period and 15 business days after service of the payment claim. The automatic-liability rule does not apply to prescribed Crown contracts exceeding $4 million excluding GST (s 14(4); 2026 regs 7).
Amount payable and failure to respond A timely payment schedule commits the respondent to the scheduled amount by the due date. Without a timely schedule, the claimed amount becomes payable by the due date. This default-liability consequence does not apply to prescribed Crown contracts exceeding $4 million excluding GST. A timely scheduled amount remains recoverable as a debt under s 16(2)(a)(i) (ss 14–16; 2026 regs 7).
Payment due dates Payment due date Use the contractual due date. If the contract has no express due date, payment is due 15 business days after the payment claim is made (s 11(1)).
Suspension Right to suspend and prerequisites For an unpaid claimed amount where no timely schedule was given, an unpaid scheduled amount, or an unpaid adjudicated amount, give the statutory notice identifying the Act and wait at least 2 business days. The right continues for 3 business days after payment. The statutory suspension right is unavailable for prescribed Crown contracts exceeding $4 million excluding GST (ss 15–16, 24, 28; 2026 regs 7).
Financial effects of lawful suspension If the respondent removes work or supply because the claimant exercises the statutory suspension right, the respondent must pay the claimant’s resulting loss or expenses. The claimant is not liable to the respondent, or anyone claiming through it, for loss or damage caused by the suspension. These statutory protections do not apply to prescribed Crown contracts exceeding $4 million excluding GST (s 28(3)–(4); 2026 regs 7).
Australian Capital Territory Legislation and application Legislation Building and Construction Industry (Security of Payment) Act 2009
Act consolidation date Application and key exclusions Construction contracts entered into from 1 July 2010. Insurable residential building work for a resident owner’s own home is excluded; this does not include a licensed or licensable owner-builder. Financial, employment and non-value-based consideration exclusions also apply (s 9). The 2024 changes commenced on 11 March 2024; existing accrued rights are preserved by Legislation Act s 84.
Geographical application Excludes work outside the ACT and related goods and services for that work, regardless of the contract’s chosen law (s 9(1), (4)).
Counting days Statutory day terminology Business days. Use calendar days or months where expressly stated (Dictionary; Legislation Act Dictionary pt 1).
Days excluded from the statutory count Saturdays, Sundays, ACT public or bank holidays and 27–31 December inclusive (Dictionary; Legislation Act Dictionary pt 1).
Treatment of part-day public holidays No express whole-day deeming rule in the SOP Act or general business-day definition. The Holidays Act permits a day or part-day to be declared a public or bank holiday (SOP Act Dictionary; Legislation Act Dictionary pt 1; Holidays Act ss 3–4).
Payment entitlement and valuation Reference date required No, under the monthly claim provisions that commenced on 11 March 2024 (ss 10, 15; 2023 amending Act ss 2, 24–31). Existing accrued rights are preserved by Legislation Act s 84.
Entitlement to progress payments Yes. A person undertaking construction work or related goods and services has a statutory entitlement (s 10(1)).
Frequency of payment claims No more than one payment claim per calendar month unless the contract permits more. A claim may combine progress payments, repeat an earlier amount or relate to work or supply in a previous month (s 15(6)–(7)).
Amount of a progress payment Calculate the amount under the contract. If the contract does not provide for it, value the work or related goods and services under the statutory valuation rules (ss 11–12).
Payment claims Name of the payment claim Who gives and receives a payment claim The claimant gives the claim to the person who is or may be liable to make the payment under the contract (the respondent) (s 15(1)).
When a payment claim may first be given On or after the last day of the month when work was first carried out or related goods and services first supplied, and each subsequent month. An earlier contractual date prevails (s 15(4)(a)–(b)).
Payment claims after termination A claim may be given on or after termination, subject to the latest claim period (s 15(4)(c), (5)).
Required payment claim content Identify the work or related goods and services, state the claimed amount and include the statutory endorsement (s 15(2)).
Must the claim identify the SOP Act Yes. State that the claim is made under the Act (s 15(2)(c)).
Effect of giving a claim early No express deeming rule turns an early claim into a timely claim. The statutory earliest claim date still applies (s 15(4)).
Latest time for a payment claim Before the end of the later of the contractual claim period and 12 months after the relevant work was last carried out or related goods and services last supplied (s 15(5)).
Subcontractor payment supporting statement No general subcontractor-payment supporting statement is required under s 15.
Payment schedules Name of the response Payment schedule (s 16(1)).
Required response content Identify the payment claim and state the scheduled amount, including nil. If it is less than the claimed amount, explain the difference and give any reasons for withholding payment (s 16(2)–(3)).
Who gives and receives the response The respondent gives the payment schedule to the claimant (s 16(1)).
Time to give a response Within the earlier of the contractual schedule period and 10 business days after the payment claim is given (s 16(4)).
Amount payable and failure to respond A timely payment schedule commits the respondent to the scheduled amount by the due date. Without a timely schedule, the claimed amount becomes payable by the due date. Non-payment permits debt recovery or adjudication, subject to the relevant procedural requirements (ss 16(4), 17–19).
Payment due dates Payment due date Payment is due on the earlier of the contractual due date and 15 business days after the payment claim is given (s 13(1)). This rule commenced on 11 March 2024; existing accrued rights are preserved by Legislation Act s 84.
Suspension Right to suspend and prerequisites For an unpaid claimed amount where no timely schedule was given, an unpaid scheduled amount, or an unpaid adjudicated amount, give the statutory notice under s 17, 18 or 26. Suspension starts 2 business days after the day notice is given and ends 3 business days after the day payment is received (s 29).
Financial effects of lawful suspension If the respondent removes work or supply because the claimant exercises the statutory suspension right, the respondent must pay the claimant’s resulting loss or expenses. The claimant is not liable to the respondent, or anyone claiming through it, for loss or damage caused by the suspension (s 29(3)–(4)).
Tasmania Legislation and application Legislation Building and Construction Industry Security of Payment Act 2009
Act consolidation date Application and key exclusions Building or construction contracts entered into from 17 December 2009, including residential contracts. Financial, employment and non-value-based consideration exclusions apply (ss 7, 44). Special schedule periods protect certain residential landowners who are not building practitioners (s 19).
Geographical application Excludes work outside Tasmania, but includes related goods and services supplied by a person in Tasmania for work elsewhere. No payment is available under the Act if that payment has already been claimed under another jurisdiction’s law (s 7(2)–(4)).
Counting days Statutory day terminology Business days. Use calendar days or months where expressly stated (s 4A).
Days excluded from the statutory count Saturdays, Sundays, 27–31 December inclusive and the holidays specified in Statutory Holidays Act 2000 s 4, Sch 1 pt 1 and Sch 2 pts 1–2. Those holidays count for the whole day and throughout Tasmania (s 4A).
Treatment of part-day public holidays Every holiday listed in s 4A(1) is treated as a holiday for the whole day and throughout Tasmania (s 4A(2)).
Payment entitlement and valuation Reference date required Yes. A contractual reference date applies; if none is stated, the statutory monthly date applies (ss 4, 12).
Entitlement to progress payments Yes, on or after each reference date (s 12(1)).
Frequency of payment claims No more than one payment claim for each reference date. A claim may repeat an earlier amount (s 17(4)–(5)).
Amount of a progress payment Calculate the amount under the contract. If the contract does not provide for it, value the work or related goods and services carried out, supplied or undertaken before the reference date under the statutory valuation rules (ss 12(2)–(3), 13).
Payment claims Name of the payment claim Who gives and receives a payment claim The claimant gives the claim to the person who is or may be liable to make the payment under the contract (the respondent) (s 17(1)).
When a payment claim may first be given On or after each reference date. If the contract does not provide a reference date, use the last day of each month in which work is carried out or related goods and services supplied (ss 4, 12, 17(1)).
Payment claims after termination The Act creates no separate reference date on termination. A payment claim still requires a reference date, determined under the contractual or statutory reference-date rules (ss 4, 12, 17).
Required payment claim content Be in writing, addressed to the respondent and name the claimant. Identify the work or related goods and services in enough detail for assessment, state the claimed amount and include the statutory endorsement and any prescribed details (s 17(2)).
Must the claim identify the SOP Act Yes. State that the claim is made under the Act (s 17(2)(f)).
Effect of giving a claim early No express deeming rule turns an early claim into a timely claim. Entitlement arises on or after the reference date (ss 4, 12, 17).
Latest time for a payment claim Within the later of the contractual claim period and 12 months after the relevant work was last carried out or related goods and services last supplied (s 17(6)).
Subcontractor payment supporting statement No general subcontractor-payment supporting statement is required under s 17.
Payment schedules Name of the response Payment schedule (s 18(1)).
Required response content Identify the payment claim and state the scheduled amount, including nil. If it is less than the claimed amount, explain the difference and give any reasons for withholding payment (s 18(2)–(4)).
Who gives and receives the response The respondent gives the payment schedule to the claimant (s 18(1)).
Time to give a response Before the earlier of the contractual payment deadline and 10 business days after service. If the claim concerns a residential structure to be built on land, and the respondent owns the land and is not a building practitioner, use the later of the contractual payment deadline and 20 business days after service (s 19(1)–(3)).
Amount payable and failure to respond A payment schedule given within the applicable period commits the respondent to the scheduled amount by the due date. Without it, the claimed amount becomes payable by the due date. The special residential-owner schedule period must first be applied (ss 19–20).
Payment due dates Payment due date Use the contractual due date. If the contract has no express due date, pay before expiry of the applicable day: ordinarily 10 business days after service, or 20 business days where the claim concerns a residential structure to be built on the respondent’s land and the respondent is not a building practitioner (ss 15, 19(1), (3)).
Suspension Right to suspend and prerequisites For an unpaid claimed amount where no timely schedule was given, an unpaid scheduled amount, or an unpaid adjudicated amount, serve the statutory notice identifying the Act and wait at least 2 business days. The right ends 3 business days after payment is received (ss 19–20, 26, 29).
Financial effects of lawful suspension If the respondent removes work or supply because the claimant exercises the statutory suspension right, the respondent must pay the claimant’s resulting loss or expenses. The claimant is not liable to the respondent, or anyone claiming through it, for loss or damage caused by the suspension (s 29(3)–(4)).
Queensland Legislation and application Legislation Building Industry Fairness (Security of Payment) Act 2017
Act consolidation date Application and key exclusions Chapter 3 applies to construction contracts, including older contracts, except unfinished claims preserved under the repealed 2004 Act. Domestic building work for a resident owner’s own home is excluded, but owner-builders and building contractors are not resident owners for this exclusion. Financial, employment and non-value-based consideration exclusions also apply (s 61). Giving a subcontractors’ charge notice restricts Chapter 3 remedies (s 62).
Geographical application Excludes work outside Queensland and related goods and services for that work, regardless of the contract’s chosen law (s 61(1), (4)).
Counting days Statutory day terminology Business days. The 28-day final-claim period uses calendar days (Sch 2; s 75(3)(b)).
Days excluded from the statutory count Saturdays, Sundays, public, special or bank holidays at the place where the relevant act is to be or may be done, and 22–24 December, 27–31 December and 2–10 January inclusive (Sch 2).
Treatment of part-day public holidays Christmas Eve is excluded for the whole day by the BIF Act, independently of the public holiday from 6 pm to midnight. No express general whole-day deeming rule for other part-day holidays appears in the BIF Act (Sch 2; Holidays Act 1983 s 2(3)).
Payment entitlement and valuation Reference date required Yes. A contractual reference date applies; if none is stated, the statutory monthly date applies (ss 67, 70).
Entitlement to progress payments Yes, from each reference date, for work carried out or related goods and services supplied under the contract (s 70).
Frequency of payment claims No more than one payment claim for each reference date. A claim may repeat an earlier amount (s 75(4)–(5)).
Amount of a progress payment Calculate the amount under the contract. If the contract does not provide for it, value the work or related goods and services under the statutory valuation rules (ss 71–72).
Payment claims Name of the payment claim Payment claim (ss 68, 75(1)).
Who gives and receives a payment claim The claimant gives the claim to the person who is or may be liable to make the payment under the contract (the respondent) (s 75(1)).
When a payment claim may first be given On or after each reference date. If the contract does not provide a reference date, use the last day of the first month of work or supply and each subsequent month (ss 67(1), 70, 75(1)).
Payment claims after termination If the contract does not provide for a reference date surviving termination, or purports to prevent one, the final reference date is termination. Otherwise the surviving contractual reference date governs (s 67(2)).
Required payment claim content Be in writing, identify the work or related goods and services, state the claimed amount and request payment. A document bearing “invoice” satisfies the request requirement. The current Regulation prescribes no additional claim information (s 68). See the supporting-statement requirement below.
Must the claim identify the SOP Act No statutory endorsement is required. The claim must request payment (s 68).
Effect of giving a claim early No express deeming rule turns an early claim into a timely claim. Entitlement arises from the reference date (ss 67, 70, 75).
Latest time for a payment claim Interim: before the end of the longer of the contractual claim period and 6 months after the relevant work or supply. Final: before the end of the longest of the contractual period, 28 calendar days after the last defects liability period ends, 6 months after completion of all work, or 6 months after complete supply of related goods and services (s 75(2)–(3)).
Subcontractor payment supporting statement Required if there is a subcontract under the claimed contract and that contract is not itself a subcontract. Declare all amounts owed at the claim date are paid, or identify each unpaid subcontractor, amount, claim details, work/supply date and reason for non-payment, and confirm all others are paid. Non-compliance is an offence but does not invalidate the claim (s 75(6)–(9)).
Payment schedules Name of the response Payment schedule (ss 69, 76).
Required response content Be in writing, identify the payment claim and state the amount proposed, including nil. If less than the claimed amount, explain the difference and give reasons for withholding payment. The current Regulation prescribes no additional schedule information (s 69).
Who gives and receives the response The respondent must give the payment schedule to the claimant unless the claim is paid in full by the due date (s 76(1)–(2)).
Time to give a response Within the earlier of the contractual schedule period and 15 business days after the payment claim is given. A schedule is mandatory unless the claim is paid in full by the payment due date; failure is an offence (s 76(1)–(2)).
Amount payable and failure to respond A required payment schedule commits the respondent to its proposed amount by the due date, subject to required retention under Part 4A. Without a required schedule, the claimed amount is payable by the due date. Failure to give a required schedule or pay its amount is an offence (ss 76–78).
Payment due dates Payment due date Use the contractual due date; if none, 10 business days after the payment claim. QBCC Act ss 67U and 67W void terms exceeding 25 business days for construction management trade contracts/subcontracts or 15 business days for commercial building contracts. A contract caught by BIF Act s 73(4) falls back to the 10-business-day rule; the cap is not automatically the replacement due date (s 73).
Suspension Right to suspend and prerequisites For an unpaid amount owed on a claim or an unpaid adjudicated amount, give written notice identifying the Act and wait at least 2 business days. The right continues for 3 business days after payment. A subcontractors’ charge notice can prevent suspension for the same work or supply (ss 62, 78, 92, 98).
Financial effects of lawful suspension If the respondent removes work or supply because the claimant exercises the statutory suspension right, the respondent must pay the claimant’s resulting loss or expenses. The claimant is not liable to the respondent, or anyone claiming through it, for loss or damage caused by the suspension (s 98(3)–(4)).
Sources and scope This comparison summarises 28 security of payment topics across Australia’s eight states and territories. The provisions were reviewed on the dates shown for each jurisdiction in October 2026. Act consolidation dates are listed separately. Case-law commentary is not included.
The comparison is a concise reference to selected provisions, not a complete account of the legislation or adjudication process. Check the current Act, any applicable regulations and the contract before acting. Contract dates, transitional provisions, exclusions and the circumstances of the work can affect which requirements apply.
General information only, not legal, contractual or professional advice. Obtain project-specific advice before issuing or responding to a claim, calculating a deadline or suspending work. Legislation may have changed since the review dates shown.
