How do the Security of Payment Acts differ by state?
Each of the 8 states and territories has its own Security of Payment Act, and the windows differ. The same claim can have a schedule due in 10 business days in one state and 15 in another. The table puts every window side by side, from the schedule to the adjudication response, each with its section.
Every window, side by side
Each cell is a row from that state's Act. Where an Act sets two payment windows, the head contract and the subcontract are both shown.
| State | Schedule due | Payment due | Notice of intention | Apply for adjudication | Response |
|---|---|---|---|---|---|
| New South Wales | 10 business dayss 14(4) | 15 business days (head contract)s 11(1A)20 business days (subcontract)s 11(1B) | 20 business dayss 17(2) | 10 business dayss 17(3) | 5 business dayss 20 |
| Queensland | 15 business dayss 76(1), s 77 | 10 business dayss 73(1)(b) | 30 business dayss 99 | 30 business dayss 79(2)(b) | 10 business daysss 82-83 |
| Victoria | 10 business dayss 15(4) | 20 business dayss 12(1), (1B) | 10 business dayss 18(2) | 10 business dayss 18(3)(c) | 5 business dayss 21 |
| Western Australia | 15 business dayss 25(1), s 26 | 20 business days (head contract)s 20(1)25 business days (subcontract)s 20(1) | 20 business dayss 28(2) | 20 business dayss 28(4) | 10 business dayss 34 |
| South Australia | 15 business dayss 14(4) | 15 business dayss 11(1)(b) | 20 business dayss 17(2) | 15 business dayss 17(3)(c) | 5 business dayss 20(1), (3) |
| Tasmania | 10 business dayss 19(2), (3)(b) | 10 business dayss 15(2) | 20 business dayss 21(4)(a), (b) | 10 business dayss 21(3)(a) | 10 business dayss 23(1), (2), (6) |
| Australian Capital Territory | 10 business dayss 16(4) | 15 business dayss 13(1) | 20 business dayss 19(2) | 10 business dayss 19(3)(b) | 7 business dayss 22(1), (3) |
| Northern Territory | 10 working dayss 20, Sch 1 cl 6(2)(a) | 30 working dayss 13, Sch 1 cl 6(2)(b) | not held in the library | 65 working dayss 8, 28(1), (3) | 15 working dayss 29(1) |
The Acts
| State | Act | Version held | Duties held |
|---|---|---|---|
| New South Wales | Building and Construction Industry Security of Payment Act 1999 (NSW)Security of Payment Act NSW | current from 20 Aug 2024 | 9 |
| Queensland | Building Industry Fairness (Security of Payment) Act 2017 (Qld)BIF Act Qld | reprint current from 28 Apr 2026 | 9 |
| Victoria | Building and Construction Industry Security of Payment Act 2002 (Vic)Security of Payment Act Vic | Authorised Version 015 as at 24 Jun 2026 | 9 |
| Western Australia | Building and Construction Industry (Security of Payment) Act 2021 (WA)Security of Payment Act WA | version 00-e0-00 current from 1 Feb 2024 | 10 |
| South Australia | Building and Construction Industry Security of Payment Act 2009 (SA)Security of Payment Act SA | Current (Authorised), as at 10.12.2011; no amending Act in force | 7 |
| Tasmania | Building and Construction Industry Security of Payment Act 2009 (Tas)Security of Payment Act Tas | In force, as amended to No 7 of 2025 (1 July 2025) | 7 |
| Australian Capital Territory | Building and Construction Industry (Security of Payment) Act 2009 (ACT)Security of Payment Act ACT | Republication No 14, effective 6 December 2025 | 7 |
| Northern Territory | Construction Contracts (Security of Payments) Act 2004 (NT)Security of Payment Act NT | Reprint REPC091, as in force at 25 May 2024 | 5 |
What each window costs when missed is on missed deadlines. Count one for a real date in the deadline calculator.
What this page is, and is not
It is the section text this library holds for each state's Act, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Act and the contract you signed.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.