Queensland's new security of payment regime delayed until December 2018

2 minute read  12.06.2018 Andrew Orford, Petrina Macpherson

On 10 November 2017 the Queensland Government passed the Building Industry Fairness (Security of Payment) Bill 2017 (BIFSOP Act). The provisions in the BIFSOP Act introducing Project Bank Accounts commenced operation on 1 March 2018 for government contracts for the construction of fixed structures where the contract sum is between $1million and $10million.

A number of provisions of the BIFSOP Act including the repeal and replacement the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA), the Subcontractors' Charges Act 1974 (Qld) (SCA) and amendment of other related legislation were expected to commence on 1 July 2018.

However, by a media release on 12 June 2018, the Minister for Housing and Public Works, Mick de Brenni MP, advised that these amendments will not come into effect until at least December 2018.

Minister de Brenni said:

"In the interests of business confidence, we will commence these reforms in tranches, and following industry consultation of the next tranches, I will introduce BIF Act amendments into the House to progress the next stages of reform.

I intend for these provisions to commence on 17 December 2018."

The media release did not provide any further information as to the 'tranches' in which the legislation will commence operation. However, it did state that a further discussion paper would be released for industry consultation in the coming weeks and that an approved regulation for Minimum Financial Requirements in the Queensland building industry will be in operation from 1 January 2019.

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https://www.minterellison.com/articles/sop-delayed-december-2018