INSIGHT · CONTRACTS & PAYMENTS
South Australia remade its security of payment
Regulations. One term changed.
The Building and Construction Industry Security of Payment Regulations 2026 (SA) came into operation on 1 September 2026 and repealed the 2011 Regulations. Read side by side, the operative text is the same except that the adjudicator eligibility rule now says "individual" where it said "natural person". The payment claim rules sit in the Building and Construction Industry Security of Payment Act 2009, whose current authorised version on the register is still dated 10 December 2011.
Analysed 19 October 2026 · Building and Construction Industry Security of Payment Regulations 2026 (SA), version 1.9.2026 · the 2011 Regulations, historical versions 10.12.2011 to 30.4.2025 and 1.5.2025 to 31.8.2026 · Building and Construction Industry Security of Payment Act 2009 (SA), current version 10.12.2011 · Small Business Commission SA construction page, last updated 22 June 2026 · all pages read 19 October 2026, the SA legislation register through a rendering proxy because the site blocks automated access.
Key takeaways
- A remake, not a reform: The 2026 Regulations keep the same four operative regulations, with the same numbers (4 to 7), as the 2011 Regulations in their last version. The word-level differences are a new commencement clause, a repeal schedule, and "individual" replacing "natural person" and "person" in regulation 6.
- Nothing about the payment claim moved: Neither set of Regulations prescribes a form, a field, a fee or a time limit for a payment claim or a payment schedule. Those rules are in sections 11, 13, 14 and 17 of the 2009 Act.
- The last real change was 1 May 2025: An amendment that commenced on 1 May 2025 inserted regulation 7, exempting parties to Crown contracts over $4 000 000 (excluding GST) over the contract term from the adjudication provisions. The 2026 Regulations carry it forward word for word.
- Home owners' own houses stay outside the Act: Section 7(2)(b) of the Act excludes a contract for domestic building work on premises the party for whom the work is done resides in or proposes to reside in. The exclusion turns on residence, so a residential builder's contract with an owner-occupier and its own subcontracts can sit on different sides of it.
- We would date the claim, not the Regulations: A system-design recommendation: each payment claim record carries the reference date, the service date, the statement that it is made under the Act, and the dates that start the 15 business day clocks.
The two versions, regulation by regulation
We compared the 2026 Regulations with the 2011 Regulations as they stood from 1 May 2025 to 31 August 2026, the last version before repeal, word by word after removing page headers.
The 2026 Regulations are No 57 of 2026, Gazette 30 July 2026, page 2418. The register lists a version from 30 July to 31 August 2026, before commencement, and the current version from 1 September 2026. The 2011 Regulations' legislative history states they were revoked by Schedule 1 of the 2026 Regulations on 1 September 2026. Neither instrument contains transitional provisions.
| Regulation | 2011 Regulations (last version) | 2026 Regulations | What moved |
|---|---|---|---|
| 1 Short title; 2 Commencement | Short title only; regulation 2 had been omitted under the Legislation Revision and Publication Act 2002 | Short title; "These regulations come into operation on 1 September 2026" | New commencement clause |
| 3 Interpretation | "Act" means the 2009 Act | Same | Nothing |
| 4 Recognised financial institutions | Each body regulated by APRA (the Australian Prudential Regulation Authority) is prescribed for section 4 of the Act | Same text | Nothing |
| 5 Related goods and services | Project management, contract management and consultancy services in relation to construction work, except services under a prescribed contract | Same text | Nothing |
| 6 Eligibility criteria for adjudicators | "a natural person is eligible": a formal adjudication course of at least 2 days with a written examination, plus a listed university qualification, membership of a listed body, or building work supervisor registration | "an individual is eligible", with the same criteria | Wording only |
| 7 Exemption from adjudication provisions | Parties to a Crown contract over $4 000 000 (excluding GST) over its term are exempt from ss 14(4), 15, 16(2)(a)(ii) and (4), Part 3 Divisions 2 and 3, ss 30 and 31 | Same text | Nothing |
| Schedule 1 | None | Repeals the 2011 Regulations | New |
Where the 2025 change sits
The provisions that matter for Crown work did change, before the remake. The 2011 Regulations as they stood from 10 December 2011 to 30 April 2025 had no regulation 7 and no carve-out in regulation 5. Regulations No 17 of 2025 (Gazette 1 May 2025) commenced on 1 May 2025, inserted regulation 7 and added regulation 5(2).
Before 1 May 2025, regulation 5 prescribed the same three kinds of services with no exception. From 1 May 2025, services provided under a prescribed contract are not related goods and services prescribed by regulation 5.
- Who it covers: A "prescribed contract" is a contract between the Crown and another person under which the total payable to the other person will exceed $4 000 000 (excluding GST) over the term of the contract, "whether entered into before or after the commencement of this regulation". The term does not include an extension. "Crown" includes a Minister, agency or instrumentality of the Crown.
- What it switches off: For that contract, a party is exempt from section 14(4) (liability for the claimed amount where no schedule is given), section 15, parts of section 16, the adjudication and suspension Divisions of Part 3, and sections 30 and 31.
- What it does not touch: The definition names only a contract between the Crown and another person. It does not mention subcontracts under that contract.
The rules a payment claim
actually has to meet
Every timing and content rule a claimant or respondent works to is in the Act, not the Regulations. The Act's legislative history lists no amending Act since it commenced on 10 December 2011.
The Act defines a business day to exclude Saturdays, Sundays, public holidays, 27 to 31 December, and any day of a Statewide shut-down of the building and construction industry (s 4).
| Rule | As the Act states it | Section |
|---|---|---|
| What a payment claim must contain | Identify the construction work (or related goods and services) it relates to; indicate the claimed amount; state that it is made under this Act | s 13(2) |
| When it may be served | Within the period under the contract, or 6 months after the work was last carried out (or goods and services last supplied), whichever is later | s 13(4) |
| How many claims | Not more than 1 payment claim for each reference date; an earlier claimed amount may be included again | s 13(5), (6) |
| When payment is due | On the date under the contract or, if the contract is silent, 15 business days after the payment claim is made | s 11(1) |
| What a payment schedule must contain | Identify the claim; indicate the scheduled amount; if less than claimed, why, and the reasons for withholding | s 14(2), (3) |
| When a schedule must be given | Within the contract time or 15 business days after service, whichever expires earlier; otherwise the respondent becomes liable for the claimed amount on the due date | s 14(4) |
| Adjudication application | In writing, to an authorised nominating authority chosen by the claimant: within 15 business days after receiving a schedule for less than the claim; within 20 business days after the due date where a scheduled amount is unpaid; or, where no schedule was given and the claim is unpaid, after notifying the respondent within 20 business days after the due date and allowing 5 business days for a schedule, within 15 business days after that 5 day period | s 17(2), (3) |
Where it meets a residential builder
Two Acts decide whether a residential payment runs on security of payment rules or on home building rules, and each refers to the other.
The Small Business Commission SA states the Act applies "primarily in commercial and non-owner-occupied building work" and that it can refer a business to the authorised nominating authorities, which appoint adjudicators (page last updated 22 June 2026).
- The exclusion: Section 7(2)(b) of the 2009 Act: the Act does not apply to a construction contract for domestic building work (within the meaning of the Building Work Contractors Act 1995) on premises the party for whom the work is carried out resides in or proposes to reside in.
- The cross-reference: Section 30(3)(b) of the Building Work Contractors Act 1995 (version 15.1.2026): where a domestic building work contract is one the 2009 Act applies to, "the provisions of that Act relating to progress payments apply". Section 30(1)(ab) allows a payment demand where the person is entitled to it under the 2009 Act.
- The contracts in scope: Section 7(1) applies the Act to any construction contract, "whether written or oral, or partly written and partly oral". The s 7(2)(b) exclusion turns on where the party for whom the work is carried out resides; in a builder's subcontracts and supply contracts, that party is the builder. Which contract falls where is a question for the parties and their advisers.
What the remake does to a record
Nothing in a payment claim or schedule record has to change because of 1 September 2026. What a record does have to carry is the instrument version a dispute will be read against, and for a contract between the Crown and another person, the regulation 7 party and value tests.
The 2026 Regulations commenced on 1 September 2026 and repealed the 2011 Regulations. A record that holds the version and date relevant to each step of a claim leaves the correct citation for a matter spanning the repeal to be assessed separately. A Crown head contract signed before 1 May 2025 is still a prescribed contract if its total exceeds $4 000 000 excluding GST, because regulation 7 reaches contracts entered into before its commencement. The value on the contract record, its GST basis and whether an extension is included are the fields that decide it.
What we would put in a system
For each payment claim and schedule, we would test for five fields.
Where agents help here is narrow. A finance agent can read a payment claim and a schedule, extract the dates, amounts and reasons, compute the business day deadlines from the Act's definition, and draft the register entry, and a person confirms it. No agent decides whether the Act applies to a contract, whether a claim is valid, or what amount is payable. Those are matters for the parties, an adjudicator, a court and your advisers.
| Field | Why it is load-bearing |
|---|---|
| Reference date and claim number | Section 13(5) allows one claim per reference date; the record is what shows which date a claim was served against. |
| Service date, method and the "made under this Act" statement | Section 13(2)(c) requires the statement; the service date starts the 15 business day schedule clock in s 14(4). |
| Due date and its basis (contract term or the s 11(1)(b) default) | Section 17 counts the adjudication time limits for an unpaid amount from the due date. |
| Scheduled amount and the reasons for any shortfall | Section 14(3) requires the reasons; an adjudication application must identify the schedule. |
| Contract party type and value excluding GST | Regulation 7 exempts Crown contracts over $4 000 000 excluding GST; s 7(2)(b) excludes an owner-occupier's domestic contract. |
- Finance and cashflow agent: Drafts claim and schedule entries with their business day deadlines; a person confirms.
- Variation claims agent: Keeps variation amounts traceable into the progress claim that includes them.
- Victoria security of payment reforms 2026: A state where changes to the security of payment Act itself took effect in 2026.
- Trades: How subcontractors track claims, schedules and payments across builders.
Questions worth asking
of your own payment records
For a subcontractor: can you show, for each claim served this year, the reference date it was served against and the date it was served?
Section 13(5) of the 2009 Act allows one payment claim per reference date, and the s 14(4) schedule clock starts at service. Both dates have to be on the record to be shown later. General information as read on 19 October 2026, not legal advice.
For a builder issuing schedules: does each schedule that pays less than claimed carry its reasons?
Section 14(3) requires a schedule to indicate why the scheduled amount is less and, if withholding, the reasons. A schedule template without a reasons field leaves that to memory. General information as read on 19 October 2026, not legal advice.
For a builder on government work: which head contracts exceed $4 000 000 excluding GST over their term?
Regulation 7 of the 2026 Regulations, carried forward from 1 May 2025, exempts parties to those Crown contracts from the adjudication provisions. The contract value excluding GST and excluding extensions decides it. General information as read on 19 October 2026, not legal advice.
Questions people ask
about security of payment in SA
What changed in the SA security of payment regulations in 2026?
The Building and Construction Industry Security of Payment Regulations 2026 commenced on 1 September 2026 and repealed the 2011 Regulations. Compared with the last 2011 version (in force 1 May 2025 to 31 August 2026), the only change to an operative regulation is that regulation 6 says "individual" instead of "natural person". As read on 19 October 2026 on the SA legislation register.
What must a payment claim in South Australia include?
Under section 13(2) of the Building and Construction Industry Security of Payment Act 2009 (SA), a payment claim must identify the construction work or related goods and services, indicate the claimed amount, and state that it is made under the Act. Neither the 2011 nor the 2026 Regulations prescribe a form. General information as read on 19 October 2026, not legal advice.
How long does a respondent have to give a payment schedule in SA?
Section 14(4) of the 2009 Act: within the time required by the contract or 15 business days after the payment claim is served, whichever expires earlier. Where s 14(4) applies, a respondent that gives no schedule in that time becomes liable to pay the claimed amount on the due date. Regulation 7 exempts parties to prescribed Crown contracts (over $4 000 000 excluding GST) from s 14(4). General information as read on 19 October 2026, not legal advice.
Does the SA Security of Payment Act apply to home building contracts?
Section 7(2)(b) excludes a contract for domestic building work on premises the party for whom the work is done resides in or proposes to reside in. The Small Business Commission SA describes the Act as applying primarily to commercial and non-owner-occupied building work (page last updated 22 June 2026). General information as read on 19 October 2026, not legal advice.
Which SA government contracts are exempt from security of payment adjudication?
Regulation 7 of the 2026 Regulations exempts parties to a contract between the Crown and another person under which the total payable will exceed $4 000 000 (excluding GST) over its term, extensions excluded. It was first inserted into the 2011 Regulations from 1 May 2025. General information as read on 19 October 2026, not legal advice.
What this analysis
does and does not show.
Evidence note
- What it shows
- A word-level comparison of the Building and Construction Industry Security of Payment Regulations 2026 (SA) with the 2011 Regulations as in force from 1 May 2025 to 31 August 2026, a check of the 2011 version in force from 10 December 2011 to 30 April 2025, and the payment claim provisions of the 2009 Act in its current version dated 10 December 2011, all as read on 19 October 2026.
- Key facts quoted
- 2026 Regulations commence 1 September 2026 (reg 2), No 57 of 2026, Gazette 30.7.2026 p 2418; reg 6 "an individual is eligible" (2011: "a natural person is eligible"); reg 7 Crown contracts over $4 000 000 excluding GST, inserted by No 17 of 2025 from 1 May 2025; Act s 13(2), s 13(4) 6 months, s 14(4) 15 business days, s 11(1)(b) 15 business days, s 7(2)(b).
- The SA legislation register blocks automated access. All legislation texts were read through a rendering proxy (r.jina.ai) from the register's authorised PDF links on 19 October 2026 and are saved with the article; a page break in a proxied PDF can drop or join words, so quoted wording should be checked against the PDF.
- We found no Consumer and Business Services or Small Business Commission SA guidance on the 2026 Regulations. The Small Business Commission page used describes the Act only.
- We did not read the Government Gazette notice or any explanatory material, so the reason the Regulations were remade is not stated here.
- We did not search for bills before the SA Parliament. The register's current version of the Act is dated 10 December 2011; a passed but uncommenced amendment would not necessarily appear in it.
- Adjudication fees, authorised nominating authority practice and case law are not covered.
- Nothing here is legal advice, and it does not determine whether the Act applies to any contract or whether any claim or schedule is valid.
Bring us one payment claim and its schedule.
Send us a progress claim you served or received under the South Australian Act, with its schedule. We will show you which dates and fields the Act's clocks run from, and whether your register holds them.
This article is general information about published South Australian legislation. It is not legal advice and it does not determine whether the Act applies to any contract or whether any claim, schedule or exemption is valid. It covers South Australia only. All provisions are as read on 19 October 2026 at the versions listed in the sources.
Sources
Suggested citation: Building and Construction Industry Security of Payment Regulations 2026 (SA) and 2011 (SA), and Building and Construction Industry Security of Payment Act 2009 (SA), at the versions listed, as read 19 October 2026. Derived figures: none.
- South Australian Legislation - Building and Construction Industry Security of Payment Regulations 2026: Version 1.9.2026, current authorised · read 19 October 2026 through a rendering proxy because the site blocks automated access · Legislation register
- South Australian Legislation - Building and Construction Industry Security of Payment Regulations 2011 (1.5.2025 to 31.8.2026): Historical version, regulations revoked 1 September 2026 · read 19 October 2026 through a rendering proxy because the site blocks automated access · Legislation register
- South Australian Legislation - Building and Construction Industry Security of Payment Regulations 2011 (10.12.2011 to 30.4.2025): Historical version · read 19 October 2026 through a rendering proxy because the site blocks automated access · Legislation register
- South Australian Legislation - Building and Construction Industry Security of Payment Act 2009: Current version 10.12.2011 · read 19 October 2026 through a rendering proxy because the site blocks automated access · Legislation register
- South Australian Legislation - Building Work Contractors Act 1995: Version 15.1.2026, current authorised · read 19 October 2026 through a rendering proxy because the site blocks automated access · Legislation register
- Small Business Commission SA - Builders and construction businesses: Last updated 22 June 2026 · read 19 October 2026 through a rendering proxy · Government small business commissioner - guidance