Australian Capital Territory – Security of Payment Calculators

Building and Construction Industry (Security of Payment) Act 2009 (ACT) — including 11 March 2024 reforms

Calculate statutory deadlines for payment schedules and payment due dates under the ACT Building and Construction Industry (Security of Payment) Act 2009. All calculations use ACT business day rules (excludes weekends, ACT public holidays, and 27–31 December).

Payment Schedule Deadlines

s 16 ACT SOP Act 2009

Due Dates for Payment

s 13 ACT SOP Act 2009

ACT Business Days

27–31 Dec shutdown period

Key Differences from NSW

Payment schedule deadline:

Same structure — earlier of contract period or 10 business days (ACT s 16 vs NSW s 14A).

Due date for payment:

ACT: uniform 15 ACT business day cap for all claimants (no head/subcontractor distinction). NSW has separate caps of 15 business days (head contract) and 30 calendar days (subcontract).

Adjudication — no-schedule scenario:

ACT: notice required within 20 ACT business days of due date. NSW: 20 business days. Both have the same 5-day respondent window and 10-day application window.

Shutdown period:

ACT: 27–31 December (identical to NSW). Victoria uses a much longer 22 Dec – 10 Jan shutdown.

Public holidays:

ACT has Canberra Day (2nd Monday March) and Reconciliation Day (Monday on/after 27 May) instead of NSW's Labour Day and Bank Holiday.

Adjudication response deadline:

ACT: 5 ACT business days from ANA acceptance notice (s 29). NSW: later of 5 BD from service or 2 BD from acceptance. Victoria: 2 BD from acceptance.

ACT SOP Act 2009 (full text)Access Canberra — Security of Payment

Payment Schedule Deadline Calculator

Under s 16 of the ACT SOP Act 2009, a respondent must give a payment schedule within the earlier of the time required by the construction contract or 10 ACT business days after the payment claim is given.

Payment Schedule Deadline (s 16)

Calculate when the payment schedule must be given under the ACT SOP Act 2009

Contract vs Statutory Deadline: Under s 16(2), the respondent must give a payment schedule within the earlier of (a) the time required by the construction contract, or (b) 10 ACT business days after the payment claim is given. Always use the shorter of the two.

Deadline Calendar

Enter a payment claim date above to see the calendar view.

Due Date for Payment Calculator

Under s 13 of the ACT SOP Act 2009 (as amended 11 March 2024), payment is due on the earlier of the contractual due date or 15 ACT business days after the payment claim. Any contractual term requiring later payment has no effect. There is no head-contractor/subcontractor distinction.

Due Date for Payment (s 13)

Calculate when payment is due under the ACT SOP Act 2009

ACT uniform payment rule (post-11 March 2024): Under s 13(2), payment is due on the earlier of the day determined by the contract or 15 ACT business days after the payment claim is given. Any contract term that provides a later date has no effect (s 13(3)). Unlike NSW, there is no distinction between head contractors and subcontractors — the 15-business-day cap applies uniformly.

Important: This calculator is a general guide only and does not constitute legal advice. Timeframes can be affected by the specific terms of your construction contract, the precise method and timing of service of documents, ACT public holidays, and other factors. Always check the current legislation and seek professional legal advice for your specific situation. The operators of this site accept no liability for errors, omissions, or reliance on the outputs of this calculator.

Frequently Asked Questions — ACT SOP Act 2009

What is the ACT Security of Payment Act?

The Building and Construction Industry (Security of Payment) Act 2009 (ACT) gives contractors, subcontractors, and suppliers in the ACT construction industry the right to recover progress payments quickly without having to wait for the end of a contract. It was significantly amended on 11 March 2024, including the introduction of a uniform 15-business-day payment cap for all claimants.

What is the payment schedule deadline under s 16?

Under s 16, a respondent who intends to pay less than the claimed amount must give a payment schedule within the earlier of (a) the time required by the construction contract, or (b) 10 ACT business days after the payment claim is given. If no payment schedule is given in time, the respondent becomes liable to pay the full claimed amount.

How does the ACT 15-business-day payment cap work?

Since 11 March 2024, s 13 of the ACT SOP Act provides that a progress payment is due on the earlier of the contractual due date or 15 ACT business days after the payment claim is given. Any contract term requiring payment later than 15 business days has no effect. Unlike NSW, this cap applies equally to head contractors and subcontractors — there is no distinction.

What are ACT business days?

An ACT business day is any day that is not a Saturday, Sunday, an ACT public holiday, or 27, 28, 29, 30, or 31 December. ACT public holidays include New Year's Day, Australia Day, Canberra Day (2nd Monday in March), Good Friday, Easter Saturday, Easter Monday, ANZAC Day, Reconciliation Day (Monday on or after 27 May), King's Birthday (2nd Monday in June), Christmas Day, and Boxing Day.

What happens if no payment schedule is served?

If the respondent does not give a payment schedule in time, the claimant may apply for adjudication under Scenario 3 (s 26(2)(c)). The claimant must first serve a written notice of intention to apply for adjudication within 20 ACT business days of the due date. The respondent then has 5 ACT business days to give a late schedule. If they do not, the claimant may apply within 10 ACT business days after that 5-day period ends.

How long does a respondent have to lodge an adjudication response?

Under s 29 of the ACT SOP Act 2009, a respondent may lodge an adjudication response within 5 ACT business days after receiving notice from the Authorised Nominating Authority (ANA) of the adjudicator's acceptance. This differs from NSW (the later of 5 BD from service or 2 BD from acceptance) and Victoria (2 BD from acceptance only).

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