INSIGHT · CONTRACTS & PAYMENTS
Eight security of payment Acts,
eight clocks and four Christmas rules.
Each state's security of payment Act counts its deadlines in business days, and each defines the business day differently. As read on 25 October 2026, the latest time for a payment schedule is 10 business days after the claim in NSW (version captured January 2026), Victoria and the ACT, 15 in Queensland, South Australia and WA, and 10 or 20 in Tasmania. Victoria and WA exclude 22 December to 10 January. Queensland excludes 22 to 24 December, 27 to 31 December and 2 to 10 January. NSW, SA, Tasmania and the ACT exclude 27 to 31 December.
Analysed 25 October 2026 · Security of payment Acts of NSW (1999, version from 20 August 2024, read from an archived copy of 23 January 2026), Victoria (2002, Authorised Version 015 as at 24 June 2026), Queensland (2017, current from 28 April 2026), South Australia (2009, version 10.12.2011), WA (2021, as at 21 October 2026, and the Amendment Act 2026 as passed), Tasmania (2009, authorised version 14 July 2025), the ACT (2009, Republication 14 effective 6 December 2025) and the NT (2004, as in force at 25 May 2024) · all read 25 October 2026.
Key takeaways
- The payment schedule clock is 10, 15 or 20 business days: 10 business days after the claim in NSW (s 14(4), version captured January 2026), Victoria (s 15(4)) and the ACT (s 16(4)); 15 in Queensland (s 76(1)), South Australia (s 14(4)) and WA (s 25(1)); in Tasmania 10, or 20 where the claim relates to a residential structure and the respondent owns the land and is not a building practitioner, in which case the later of that and the contract time applies (s 19(2), (3)). Elsewhere a shorter contract time applies.
- The business day is defined four ways: Victoria (s 4(1)) and WA (s 4(1)) exclude 22 December to 10 January. Queensland excludes 22 to 24 December, 27 to 31 December and 2 to 10 January (Schedule 2). NSW, SA, Tasmania and the ACT exclude 27 to 31 December, and SA also excludes any day of a Statewide shut-down of the industry (s 4). The NT counts working days and excludes 25 December to 7 January (s 4).
- Six Acts require the claim to say it is made under the Act: NSW s 13(2)(c), Victoria s 14(2)(e), SA s 13(2)(c), WA s 24(1)(d), Tasmania s 17(2)(f) and the ACT s 15(2)(c). Queensland's s 68(1) does not list it, and a document bearing the word invoice satisfies its request-for-payment element (s 68(3)). The NT's implied claim contents do not list it (Schedule 1, clause 5).
- WA passed an amendment on 21 October 2026 that has not commenced: The Building and Construction Industry (Security of Payment) Amendment Act 2026 (No. 16 of 2026) received assent on 21 October 2026; Part 2 commences on a day fixed by proclamation. It removes the 1 business day limits for serving copies of an adjudication application and response (ss 8, 9) and adds a payment withholding Division for contracts where the principal is a State agency or a government trading enterprise (GTE), and for subcontracts that opt in (s 27B). The text of ss 20, 25 and 28 is unchanged, but those provisions do not apply to an amount while it is withheld (s 27D(4)).
- We would store the clock with the Act and its version: A system-design recommendation: each claim record carries the state, the Act version it was read against, the service date and method, and the computed dates, with the business-day calendar stored as dated data rather than a constant.
Claim, schedule and payment,
as each Act words them
The Acts set default periods, and most of them let a contract set a shorter one. Where an Act names an earlier contract time or date, the earlier one applies.
The NT Act works differently from the other seven. Its claim and response rules are implied terms that apply only where the contract has no written provision on the point (ss 18 to 20), and its deadlines are counted in working days.
| State | Latest time for a payment claim | Payment schedule | Payment due if the contract is silent | Claim must state it is made under the Act | Instrument and version read |
|---|---|---|---|---|---|
| NSW | Later of the contract period or 12 months after the work was last carried out (s 13(4)) | Within the contract time or 10 business days after service, whichever is earlier (s 14(4)) | Principal to head contractor: 15 business days after the claim; to a subcontractor: 20 business days; an earlier contract date applies. Exempt residential contracts: the contract date, or 10 business days (s 11(1A) to (1C)) | Yes (s 13(2)(c)) | Building and Construction Industry Security of Payment Act 1999, version from 20 August 2024 as captured on 23 January 2026; snapshot read 25 October 2026. Current text not verified (25 October 2026) |
| Victoria | No later than the day before the latest of the contract date, 6 months after practical completion of all work, or 6 months after supply of all goods and services (s 14C). Earliest: the last day of each named month of work (s 14A) | Within the contract time or 10 business days after service, whichever is earlier (s 15(4)) | 10 business days after the earliest day a claim may be served; a term putting payment later than 20 business days after service has no effect (s 12(1), (1B)). For work from 1 to 21 December, a claim may be served from 22 December; for work from 22 to 31 December, from 31 January, unless the contract allows an earlier day (s 14A(2), (3)) | Yes (s 14(2)(e)) | Building and Construction Industry Security of Payment Act 2002, Authorised Version 015 as at 24 June 2026; read 25 October 2026 |
| Queensland | Longer of the contract period or 6 months after the work was last carried out; a final claim, the longest of the contract period, 28 days after the last defects liability period, or 6 months after completion (s 75(2), (3)) | Within the contract period or 15 business days after the claim is given, whichever ends first (s 76(1)) | 10 business days after the claim is made (s 73(1)(b)) | Not listed in s 68(1); a document bearing the word invoice satisfies the request for payment (s 68(3)) | Building Industry Fairness (Security of Payment) Act 2017, current from 28 April 2026; read 25 October 2026 |
| South Australia | Later of the contract period or 6 months after the work was last carried out (s 13(4)) | Within the contract time or 15 business days after service, whichever is earlier (s 14(4)) | 15 business days after the claim is made (s 11(1)(b)) | Yes (s 13(2)(c)) | Building and Construction Industry Security of Payment Act 2009, version 10.12.2011; read 25 October 2026 |
| WA | Later of the contract date or 6 months after the work was last carried out; a final claim, the latest of the contract date, 28 days after the last defects liability period, or 6 months after completion (s 23(4), (5)) | Before the earlier of the contract time or 15 business days after the claim is made (s 25(1)) | Principal to head contractor: 20 business days; to a subcontractor: 25 business days; an earlier contract date applies. Home building work: the contract date, or 10 business days (s 20) | Yes (s 24(1)(d)); a document described as an invoice may be a claim (s 24(3)) | Building and Construction Industry (Security of Payment) Act 2021, as at 21 October 2026 (00-f0-00); read 25 October 2026 |
| Tasmania | Later of the contract period or 12 months after the work was last carried out (s 17(6)) | Before the earlier of the contract time or 10 business days after service; where the claim relates to a residential structure and the respondent owns the land and is not a building practitioner, the later of the contract time or 20 business days (s 19(2), (3)) | Before the applicable day in s 19(3) (s 15(2)) | Yes (s 17(2)(f)) | Building and Construction Industry Security of Payment Act 2009, authorised version 14 July 2025; read 25 October 2026 |
| ACT | Later of the contract period or 12 months after the work was last carried out (s 15(5)) | Within the contract time or 10 business days after the claim is given, whichever is earlier (s 16(4)) | The earlier of 15 business days after the claim or the contract date (s 13(1)) | Yes (s 15(2)(c)) | Building and Construction Industry (Security of Payment) Act 2009, Republication 14 effective 6 December 2025; read 25 October 2026 |
| NT | Where the contract has no written provision: at any time after the contractor has performed any of its obligations (s 18; Schedule 1, clause 4) | Where the contract has no written provision: a notice of dispute, with payment of any undisputed part, within 10 working days, or payment of the whole claim within 20 working days (s 20; Schedule 1, clause 6(2)) | Where the contract has no written provision: the whole claim within 20 working days, or the undisputed part within 10 with a notice of dispute (Schedule 1, clause 6(2)). Separately, a contract term requiring payment more than 30 working days after the claim is read as 30 working days (s 13) | Not among the implied contents (Schedule 1, clause 5) | Construction Contracts (Security of Payments) Act 2004, reprint as in force at 25 May 2024; read 25 October 2026 |
Adjudication and the business day
The adjudication windows run from different events: receipt of the schedule, the due date, or the end of a second-chance notice period where no schedule was given. The definition of the business day decides where each window ends.
Queensland's s 76(1) states that a respondent given a payment claim must respond with a payment schedule, with a maximum penalty of 100 penalty units, and s 77 makes a respondent who does not liable for the claimed amount on the due date.
| State | Adjudication application | Adjudication response | Days that are not business days | Instrument and version read |
|---|---|---|---|---|
| NSW | 10 business days after receiving the schedule; 20 after the due date if a scheduled amount is unpaid; with no schedule, notice within 20 business days after the due date, 5 business days for a schedule, then 10 (s 17(2), (3)) | Within 5 business days after receiving a copy of the application or 2 after notice of acceptance, whichever is later (s 20(1)) | Saturday, Sunday, public holiday; 27 to 31 December (s 4) | Snapshot of 23 January 2026, read 25 October 2026 |
| Victoria | 10 business days after receiving the schedule; 10 after the due date if a scheduled amount is unpaid; with no schedule, notice within 10 business days after the due date, 5 for a schedule, then 5 (s 18(2), (3)) | Within 5 business days after receiving a copy or 2 after notice of acceptance, whichever is later (s 21(1)) | Saturday, Sunday, a day observed as a public holiday throughout Victoria; 22 December to 10 January (s 4(1)) | Read 25 October 2026 |
| Queensland | No schedule and unpaid: 30 business days after the later of the due date or the last day for a schedule; scheduled amount unpaid: 20 after the due date; schedule less than claim: 30 after receiving the schedule (s 79(2)(b)) | Standard claim: the later of 10 business days after receiving the application documents or 7 after notice of acceptance; complex claim: 15 or 12, with up to 15 more on application (s 83) | Saturday, Sunday, a public, special or bank holiday where the act is done; 22 to 24 December, 27 to 31 December, 2 to 10 January (Schedule 2) | Read 25 October 2026 |
| South Australia | 15 business days after receiving the schedule; 20 after the due date if a scheduled amount is unpaid; with no schedule, notice within 20 business days after the due date, 5 for a schedule, then 15 (s 17(2), (3)) | Within 5 business days after receiving a copy or 2 after notice of acceptance, whichever is later (s 20(1)) | Saturday, Sunday, public holiday; 27 to 31 December; any other day of a Statewide shut-down of the building and construction industry (s 4) | Read 25 October 2026 |
| WA | Within 20 business days after the claimant first becomes entitled to apply; with no schedule, notice within 20 business days after the due date and 5 business days for a schedule first (s 28(2), (4)) | Within 10 business days after receiving a copy of the application, if a schedule was given in time (s 34(1)) | Saturday, Sunday, public holiday; any day from 22 December to 10 January inclusive (s 4(1)) | Read 25 October 2026 |
| Tasmania | 10 business days after receiving the schedule; 20 after the due date if a scheduled amount is unpaid; with no schedule, notice within 20 business days after the due date, 5 for a schedule, then 10 (s 21(3), (4)) | Within 10 business days after receiving a copy or 5 after notice of acceptance, whichever is later (s 23(2)) | Saturday, Sunday, listed statutory holidays; 27 to 31 December (s 4A) | Read 25 October 2026 |
| ACT | 10 business days after receiving the schedule; 20 after the due date if a scheduled amount is unpaid; with no schedule, notice within 20 business days, 5 for a schedule, then 10 after the earlier of the end of that period or receiving a schedule (s 19(2), (3)) | Before the later of 7 business days after receiving a copy or 5 after notice of acceptance (s 22(1)) | 27 to 31 December (Dictionary); the base definition is in the Legislation Act 2001, which we did not read | Read 25 October 2026 |
| NT | Within 65 working days after the payment dispute arises (s 28(1)); a dispute arises when a claim is rejected or disputed, or is unpaid when due (s 8) | Within 15 working days after being served with the application (s 29(1)) | Saturday, Sunday, a public holiday where the act is done (other than a part-day holiday); 25 December to 7 January (s 4) | Read 25 October 2026 |
Who sits outside the Act
on a residential job.
A builder's head contract with a homeowner and the same builder's subcontracts can sit on different sides of a security of payment Act. The carve-outs are worded differently in each state.
- Owner-occupier contracts excluded: Victoria s 7(2)(b): a domestic building contract between a builder and a building owner, unless the owner is in the business of building residences. Queensland s 61(2)(b): domestic building work where a resident owner is a party, for the building where the owner resides or intends to reside. South Australia s 7(2)(b): domestic building work on premises the party resides in or proposes to reside in. ACT s 9(2)(b): insurable residential building work where a resident owner is a party, for the building where the owner lives or intends to live.
- Home building work excluded by value in WA: WA s 10(1): the Act does not apply to home building work where the principal is an individual, the work is not for multiple dwellings or a residential development business, the contract value does not exceed $500,000 (or a greater prescribed amount), and the contract is not between a head contractor and a subcontractor, or between 2 subcontractors.
- Covered, with a different clock: NSW: the owner-occupier exclusion in s 7(2)(b) is shown as repealed in the version captured on 23 January 2026; an exempt residential construction contract has its own due date rule in s 11(1C). Tasmania: residential structures are covered, with a 20 business day schedule time where the respondent owns the land and is not a building practitioner (s 19(3)). The NT Act's application section lists no residential exclusion (s 9).
Where an amendment has passed
but not commenced
In the versions read on 25 October 2026, WA's is the only uncommenced amendment found that touches the claim and adjudication steps. Queensland's Act also carries uncommenced divisions in chapter 9, part 1 (s 2), which change project trust and retention trust thresholds, not these periods. The current NSW register text could not be read, so any pending NSW amendment is not verified.
The Amendment Act also inserts construction trusts into Part 4 (s 22). The uncommenced provisions table of the principal Act, as at 21 October 2026, lists Part 2 of the Amendment Act as to be proclaimed.
| WA provision | As in force (as at 21 October 2026) | Amendment Act 2026, as passed, not commenced |
|---|---|---|
| Copy of adjudication application to the respondent | Within 1 business day after the application is made (s 30(2)) | The time limit is deleted, and an application is not invalid merely because s 30(2) is not complied with (s 8) |
| Copy of adjudication response to the claimant | Within 1 business day after the response is given to the adjudicator (s 34(4)) | The time limit is deleted, and a response is not invalid merely because s 34(4) is not complied with (s 9) |
| Payment withholding | No equivalent Division | New Part 3 Division 1A (ss 27A to 27G), inserted by s 7: applies where the principal is a State agency or GTE (a GTE contract must expressly opt in), and to a subcontract under a State agency or GTE head contractor that opts in (s 27B). The head contractor gives a claim statement, by default no later than 5 business days before the s 20 due date for a payment claim (s 27C(4)); the principal may withhold in stated circumstances (s 27D); a pending adjudication application is taken to be withdrawn when a progress payment is withheld (s 27F) |
| Schedule, payment and application periods | ss 20, 25, 28 as in the tables | The text of ss 20, 25 and 28 is not amended, but Part 2 Division 2 and Part 3 Divisions 1 and 2 do not apply to an amount while it is withheld under s 27D (s 27D(4)) |
| Commencement | Not applicable | Part 1 on assent, 21 October 2026; the rest of the Act, including Parts 2 and 3, on a day fixed by proclamation, with different days possible for different provisions (s 2) |
What our two state pages
already say, and where they sit.
Our Victorian page reads the amendments that commenced on 15 April 2026: a claim may be served from the last day of each named month of work, payment where the contract is silent falls 10 business days after that earliest day, and a term putting payment more than 20 business days after service has no effect. Authorised Version 015, read again on 25 October 2026, is still the version in force, and its sections 12, 14A, 14C and 15 read as summarised there.
Our South Australian page reads the 2026 Regulations and notes that the payment claim rules are in the 2009 Act, whose current authorised version is still dated 10 December 2011. The register page, read on 25 October 2026, still lists that version as current.
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 variation and claims agent can read a claim, a covering email or a schedule, extract the dates, amounts and the words relied on, and propose the computed dates from the stored calendar; a person confirms them. No agent decides whether a contract is within an Act, whether a document is a valid payment claim or schedule, or what is payable. Those are questions for the parties, an adjudicator, a court and your advisers.
| Field | Why it is load-bearing |
|---|---|
| State, Act and the version read | Eight Acts, one with an uncommenced amendment (WA), one read only from a January 2026 snapshot (NSW). |
| Contract type and parties | Head contract or subcontract, owner-occupier or not, and home building work in WA decide whether the Act applies and which due date rule is used (NSW s 11, WA ss 10 and 20). |
| Service date and method | Every window runs from service, receipt or the due date, and Victoria's earliest service day is set by the named month of work. |
| Business-day calendar for that state, stored as dated data | Four different holiday exclusions, plus SA's Statewide shut-down days and public holidays that differ by place. |
| Computed dates with the section relied on | Schedule deadline, due date and adjudication window, each traceable to the section and version that produced it. |
- Variation and claims agent: Drafts claim and schedule records with their dates for a person to confirm.
- Payment times reporting: How payment terms are reported, and the records that support the figures.
- Victoria's security of payment reforms: The 15 April 2026 changes in detail.
- SA security of payment regulations 2026: The SA regulations read against the 2009 Act.
Questions worth asking
of your own claim records
For a subcontractor working in several states: does each claim record name the Act and the version its deadlines were computed from?
The schedule clock is 10 business days in some Acts and 15 in others, and the Christmas exclusion differs. A record that holds only an invoice date cannot show which rule was applied. General information as read on 25 October 2026, not legal advice.
For a builder in Victoria or WA: does the payment calendar remove 22 December to 10 January?
Both Acts exclude that whole period from the business day (Victoria s 4(1), WA s 4(1)), so a clock that starts in mid December runs into late January. General information as read on 25 October 2026, not legal advice.
For a head contractor in WA: which open contracts will be affected when the 2026 Amendment Act is proclaimed?
Part 2 of the Amendment Act commences on a day fixed by proclamation. The answer depends on the transitional provisions in its new Part 6A, which we did not analyse. General information as read on 25 October 2026, not legal advice.
For a building group: can you show, for each schedule served, the day it was served and the section that set its deadline?
That is a query only if the service date, method and section were stored when the schedule was sent. General information as read on 25 October 2026, not legal advice.
Questions people ask
about security of payment timeframes
How many business days to respond to a payment claim under the security of payment Act?
As read on 25 October 2026: 10 business days in Victoria (s 15(4)) and the ACT (s 16(4)), and in NSW in the version captured in January 2026 (s 14(4)); 15 in Queensland (s 76(1)), South Australia (s 14(4)) and WA (s 25(1)); 10 or 20 in Tasmania (s 19(3)). Except for Tasmania's 20 business day case, a shorter contract time applies. In the NT, where the contract is silent, a notice of dispute is due within 10 working days. General information, not legal advice.
Does the security of payment Act stop over Christmas?
Each Act removes some days from its business day. Victoria and WA exclude 22 December to 10 January; Queensland excludes 22 to 24 December, 27 to 31 December and 2 to 10 January; NSW (version captured January 2026), SA, Tasmania and the ACT exclude 27 to 31 December; the NT excludes 25 December to 7 January from its working day. Public holidays are excluded too. Victoria also moves the claim date: work from 1 to 21 December may be claimed from 22 December, and work from 22 to 31 December from 31 January, unless the contract allows an earlier day (s 14A(2), (3)). As read on 25 October 2026; general information, not legal advice.
Does a payment claim have to say it is made under the security of payment Act?
In NSW (s 13(2)(c), version captured January 2026), Victoria (s 14(2)(e)), South Australia (s 13(2)(c)), WA (s 24(1)(d)), Tasmania (s 17(2)(f)) and the ACT (s 15(2)(c)), the Act lists it as a requirement. Queensland's s 68(1) does not, and a document bearing the word invoice satisfies its request for payment (s 68(3)). As read on 25 October 2026; general information, not legal advice.
When is a progress payment due under the security of payment Act in NSW?
In the version in force from 20 August 2024, read from an archived copy of 23 January 2026, s 11 sets 15 business days after the claim for a principal paying a head contractor and 20 business days for a payment to a subcontractor, unless the contract sets an earlier date; an exempt residential construction contract follows the contract, or 10 business days. We could not read the current NSW register text on 25 October 2026. General information, not legal advice.
How long do you have to apply for adjudication in Queensland?
Section 79(2)(b) of the Building Industry Fairness (Security of Payment) Act 2017, current from 28 April 2026: 30 business days after receiving a schedule that is less than the claim; 20 business days after the due date if the scheduled amount is unpaid; with no schedule and no payment, 30 business days after the later of the due date or the last day for a schedule. Read 25 October 2026; general information, not legal advice.
What this analysis
does and does not show.
Evidence note
- What it shows
- The default deadlines for payment claims, schedules, payment, adjudication applications and responses, the definition of business day, and the statement a claim must carry, in the security of payment Acts of all eight states and territories, at the versions listed, as read on 25 October 2026; and the WA Amendment Act 2026 as passed.
- Key facts quoted
- Schedule: NSW s 14(4) and Vic s 15(4) and ACT s 16(4) 10 business days; Qld s 76(1), SA s 14(4), WA s 25(1) 15; Tas s 19(3) 10 or 20. Business day: Vic and WA exclude 22 December to 10 January; Qld 22 to 24 and 27 to 31 December and 2 to 10 January; NSW, SA, Tas, ACT 27 to 31 December; NT working day excludes 25 December to 7 January. WA Amendment Act 2026 assented 21 October 2026, Part 2 by proclamation.
- NSW was read from an archived copy of the register captured on 23 January 2026 (version from 20 August 2024). The current register text was not readable on 25 October 2026, so any later amendment is not verified.
- South Australia was read through a rendering proxy on 25 October 2026 because the register blocks automated access. All texts are saved with the article.
- Regulations under each Act, including any prescribed forms, information or exemptions, were not read, except where named. The ACT's base business-day definition in the Legislation Act 2001 was not read.
- Contract terms, termination, final payments, complex claims and performance security claims change some periods; only some of those variants are listed.
- We did not analyse the transitional provisions of the WA Amendment Act 2026.
- Nothing here is legal advice, and it does not determine whether any contract, claim or schedule is within an Act, valid or on time.
Bring us one payment claim and its schedule.
Send us a claim, the payment schedule that answered it and the emails that carried them. We will show you which Act and version the dates would be read against, and whether your records hold the service dates the deadlines run from.
General information about published legislation only. It is not legal advice and it does not determine whether any contract is within an Act or whether any claim, schedule or application is valid or on time. Provisions as read on 25 October 2026 at the versions listed in the sources.
Sources
Suggested citation: security of payment Acts of NSW, Victoria, Queensland, South Australia, WA, Tasmania, the ACT and the NT, at the versions listed, and the Building and Construction Industry (Security of Payment) Amendment Act 2026 (WA) as passed, as read 25 October 2026. Derived figures: none.
- NSW legislation - Building and Construction Industry Security of Payment Act 1999 No 46: Version from 20 August 2024, Internet Archive snapshot of 23 January 2026 · read 25 October 2026 from the snapshot because the register blocks automated access · Legislation register
- Victorian Legislation - Building and Construction Industry Security of Payment Act 2002: Authorised Version No. 015, incorporating amendments as at 24 June 2026 · read 25 October 2026 (version list through a rendering proxy) · Legislation register
- Queensland Legislation - Building Industry Fairness (Security of Payment) Act 2017: Current version from 28 April 2026 · read 25 October 2026 · Legislation register
- South Australian Legislation - Building and Construction Industry Security of Payment Act 2009: Current authorised version 10.12.2011 · read 25 October 2026 through a rendering proxy because the site blocks automated access · Legislation register
- Western Australian Legislation - Building and Construction Industry (Security of Payment) Act 2021: As at 21 October 2026, version 00-f0-00 · read 25 October 2026 · Legislation register
- Western Australian Legislation - Building and Construction Industry (Security of Payment) Amendment Act 2026: No. 16 of 2026, as passed, assented 21 October 2026 · read 25 October 2026 · Legislation register
- Tasmanian Legislation - Building and Construction Industry Security of Payment Act 2009: Authorised version 14 July 2025, shown as current · read 25 October 2026 · Legislation register
- ACT Legislation Register - Building and Construction Industry (Security of Payment) Act 2009: Republication No 14, effective 6 December 2025 · read 25 October 2026 · Legislation register
- NT Legislation - Construction Contracts (Security of Payments) Act 2004: Reprint REPC091, as in force at 25 May 2024 · read 25 October 2026 · Legislation register