---
title: "Check a South Australian payment claim against the authorised 2009 Act before it is served"
url: "https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served/south-australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-SOP-SA-1"
practice_area: "Construction & Infrastructure"
tier: "red"
lawyer_review: "required"
jurisdictions: ["SA"]
last_reviewed: "2026-09-23"
---

# Check a South Australian payment claim against the authorised 2009 Act before it is served

> Extract the reference date, the claimed amount, the contract payment date and the premises where the work is carried out into a checking list.

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served/south-australia  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Construction & Infrastructure](https://ailawframework.com/practice/construction-and-infrastructure.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Extract the reference date, the claimed amount, the contract payment date and the premises where the work is carried out into a checking list. |
| What the lawyer must review | Confirm coverage and the service window Read both limbs of section 11 Approve the claim that is served Do not rely on the checking list to supply the missing due-date limb |
| Written for | South Australia |
| Applies to | [Prepare and check a progress-payment claim before it is served](https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served.md) |

## Checking plan

**Lawyer-led judgement**

The authorised PDF, version 10.12.2011, is the current Act on the legislation site. Section 13 sets the contents and the service window. Section 11(1)(a) uses the contractual due date. The alternative limb of section 11(1) did not come through in the PDF text, so no default number of days is stated.

- What the AI does: Extract the reference date, the claimed amount, the contract payment date and the premises where the work is carried out into a checking list.
- What the lawyer does: Decide whether section 7 takes this contract outside the Act, whether the claim may be served for this reference date, and approve the claim only after section 11 has been read in the PDF for both limbs of the due date.
- Who reviews: Lawyer competent in the matter and this security-of-payment statute
- Basis: Read on 22 September 2026 from the Queensland reprint current from 28 May 2026, the Western Australian compilation, the South Australian authorised PDF marked version 10.12.2011, the Northern Territory reprint as in force at 25 May 2024, and the linked government pages. Confirm the instrument is still current.
- Why: The traffic light follows the consequence of using the wrong statute, or the wrong day, for a payment claim, payment schedule or adjudication.
- Restriction: The lawyer leads this decision. Assistance stays inside the preparation described for the task.

## Checks the lawyer makes

1. Open the current authorised PDF from the legislation page. Apply section 7 before treating the contract as covered, including the domestic-building exclusion where the party resides or proposes to reside in the premises.
2. Fix the reference date under section 4. Serve the claim within the later of the contract period and 6 months after the work was last carried out or the related goods and services were last supplied. Serve only one payment claim for that reference date.
3. Check section 13: the claim identifies the construction work or related goods and services, indicates the claimed amount, and states that it is made under the Act.
4. Read section 11 in the PDF, including the limb after section 11(1)(a), before writing a due date. Do not fill a gap with a Queensland or Western Australian number of days. Count a business day from section 4.

## Notes

- Suggested working checks from the linked public source. Read that source before you rely on the check. This is not a record that the check has been done.

## Practical guide

Jurisdiction: South Australia

**Deliverable**: A service checklist for one payment claim, with the section 13 contents and reference date marked, and the due date left for the lawyer to take from section 11 of the current PDF.

**Inputs**

- The construction contract and the draft payment claim
- The address or premises where the work is carried out
- The authorised PDF of the Building and Construction Industry Security of Payment Act 2009 (SA)
- The Small Business Commission construction page

**Example**: The contract states a reference date and a due date. Section 4 uses that contractual reference date. Section 13 allows service within the later of the contract period and 6 months after the work was last carried out or the related goods and services were last supplied, and only one payment claim for each reference date. Section 11(1)(a) makes the progress payment due on the contractual date. The PDF text of the alternative limb was not readable, so the checklist does not insert 10 or 15 business days from another state.

**Stop and escalate when**

- A default due date of 10 or 15 business days is written in from Queensland or Western Australia. Section 11(1)(a) was read. The alternative limb was not readable in the authorised PDF and is not stated.
- The Act is applied to domestic building work, within the Building Work Contractors Act 1995, on premises the party for whom the work is carried out resides in or proposes to reside in. Section 7(2) says the Act does not apply to that contract.
- A business day is counted on the Western Australian 22 December to 10 January calendar, or on the Queensland 22 to 24 December and 2 to 10 January list. Section 4, as read, excludes a Saturday, Sunday or public holiday, 27, 28, 29, 30 or 31 December, and any other day of a Statewide shut-down of the building and construction industry.
- A period is taken from the Building and Construction Industry Security of Payment Regulations 2026. Those regulations are listed on the legislation page and were not read.

Checked 2026-09-22.

## Sources

- [Building and Construction Industry Security of Payment Act 2009 (SA), authorised version 10.12.2011, current PDF](https://www.legislation.sa.gov.au/_legislation-documents/lz/c/a/building-and-construction-industry-security-of-payment-act-2009/current/2009.77.auth.pdf) (checked 2026-09-22)
- [South Australian legislation: Building and Construction Industry Security of Payment Act 2009](https://www.legislation.sa.gov.au/lz?path=%2Fc%2Fa%2Fbuilding%20and%20construction%20industry%20security%20of%20payment%20act%202009) (checked 2026-09-22)
- [Small Business Commission South Australia: Builders and construction businesses](https://www.sbc.sa.gov.au/support/who-sbc-helps/construction) (checked 2026-09-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*