Security of Payment Act

2017 Reforms

The State Government has announced its intentions to introduce reforms to the Building Industry (Security of Payment) Act into Parliament. It is expected to be tabled Wednesday July 5, 2017.

This legislation has a significant role to play in how the industry operates and comes at a critical time as other states consider similar reforms and the Federal Government waits on a national review to develop model laws. Master Builders SA will be actively working with members to achieve the best outcomes that improve payment practices and avoid the introduction of red tape that does nothing to improve payment.

The Bill was to be considered by the House of Assembly on 9 August 2017 but has now been delayed until the sitting week beginning Tuesday 26 September 2017.

 

Background information and documents

An overview of the reforms, which were introduced into Parliament on 5 July 2017, can be downloaded here.

The media release from Small Business Minister Martin Hamilton-Smith dated 3 July 2017 is available here.

Master Builders SA's response of the same date can be found here, and is reported in The Advertiser (available to subscribers here).

Master Builders SA clarified that jail terms of two years and fines of up to $250,000 applying to assaults, threats and intimidation for non-payment will likely apply to all industry participants - builders, subcontractors, sub-subcontractors, unions and workers. The Advertiser published Master Builders SA's letter outlining this impact on 5 July 2017 (available here).

 

Submissions on Security of Payment Act reforms

Master Builders SA's response to the Small Business Commissioner's review of South Australian laws - upon which these reforms are based - can be accessed here
 
Our submission regarding the mandated 2015 legislative review can be accessed here.
 

Our response to the review of national laws can be accessed here.

 

 

This site will be updated as more information becomes available.


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