Australian Capital Territory Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 (NO. 50 OF 2009) - SECT 34

    (1)     The Minister may determine the maximum amount that an authorised nominating authority may charge for costs and expenses for any service provided by the authority in relation to an adjudication application.

    (2)     An authorised nominating authority may charge costs and expenses—

        (a)     if the Minister has made a determination under subsection (1)—up to the maximum amount for any service provided by the authority in relation to an adjudication application; or

        (b)     if the Minister has not made a determination under subsection (1)—up to a reasonable amount having regard to the work done and expenses incurred by the authorised nominating authority.

    (3)     The claimant and respondent are—

        (a)     each liable to pay any costs and expenses charged by an authorised nominating authority; and

        (b)     each liable to contribute to the payment of any such costs and expenses—

              (i)     in equal proportions; or

              (ii)     if the adjudicator decides a different proportion—the proportion decided.