On 25 June 2021, the McGowan Government enacted its signature Building and Construction Industry (Security of Payment) Act 2021 (the Act) to improve payment protections for contractors working the WA building and construction industry.

Before all sections of the Act (aside from sections 1, 2 and 98) can be proclaimed to commence operation, a number of administrative and technical matters must be prescribed by regulations.

These regulations will support the proper functioning of the Act and ensure the Government’s overarching policy objective – of ensuring all those who contract to carry out construction work can get paid – is achieved.

The Minister has approved the release of a Consultation Draft of the Building and Construction Industry (Security of Payment) Regulations 2022 (Draft Regulations) and the Building Services (Registration) Amendment Regulations 2022 (BSR Amendment Regulations) for a period of public comment and consideration.

This document has been prepared to assist the reader of both documents to understand the policy intent of relevant regulations and to provide feedback on their operation and other ancillary policy matters.

This document should be read in conjunction with the Draft Regulations, BSR Amendment Regulations and the Act.

Comment on the Draft Regulations and BSR Amendment Regulations closes at 5.00pm (AWST) on 21 January 2022.