Building and Construction Industry Security of Payment Act 1999 No 46
Current version for 1 July 2008 to date (accessed 25 November 2009 at 22:12)
Schedule 2

Schedule 2 Savings and transitional provisions

(Section 37)

Part 1 Preliminary

1   Savings and transitional regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Building and Construction Industry Security of Payment Act 1999

Building and Construction Industry Security of Payment Amendment Act 2002

(2)  Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3)  To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.

Part 2 Provisions consequent on enactment of Building and Construction Industry Security of Payment Act 1999

2   Certain construction contracts not affected

A provision of this Act does not apply to a construction contract entered into before the commencement of that provision.

Part 3 Provisions consequent on enactment of Building and Construction Industry Security of Payment Amendment Act 2002

3   Application of amendments

An amendment made to this Act by the Building and Construction Industry Security of Payment Amendment Act 2002 does not apply to or in respect of a payment claim served before the commencement of the amendment and any such payment claim is to be dealt with in accordance with this Act as if the amendment had not been made.
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