Clause 14

by inserting, immediately after subsection (1), the following subsections:“(1A) If an adjudicator is appointed under section 18A(3) to replace a review adjudicator, or if 3 adjudicators are appointed under section 18A(3) to replace 3 members of a panel of review adjudicators, a new adjudication review commences —

immediately upon expiry of the period mentioned in section 18A(3) within which the notice confirming the adjudicator’s appointment must be served; and

as if the adjudication review under subsection (1) had not commenced.(1B) If 2 or fewer adjudicators are appointed under section 18A(3) to replace 2 or fewer members of a panel of review adjudicators, the adjudication review resumes for the reconstituted panel to hear and determine so much of the adjudication review as the panel considers fit —

immediately upon expiry of the period mentioned in section 18A(3) within which the notice confirming the adjudicator’s appointment must be served; and

whether or not any part of the adjudication review has been heard by the previous panel of adjudicators.(1C) In subsection (1B), the reconstituted panel may have regard to the evidence given and arguments adduced during the part of the adjudication review heard by the previous panel of review adjudicators.”;

by deleting subsection (3) and substituting the following subsection:“(3) The review adjudicator or the panel of review adjudicators (as the case may be) must determine the adjudication review application within —

14 days after the commencement of the adjudication review under subsection (1) or (1A), as the case may be;

the remainder of the 14 days after the resumption of the adjudication review under subsection (1B); or

such longer period as may have been requested by the review adjudicator or the panel of review adjudicators (as the case may be) and agreed to by the claimant and the respondent.”;

by inserting, immediately after paragraph (a) of subsection (5), the following paragraph:“(aa)the amount, if any, to be returned by the authorised nominating body to the respondent;”;

by deleting the word “claimant” in subsection (5)(b) and substituting the words “authorised nominating body”;

by inserting, immediately after subsection (5), the following subsection:“(5A) In determining an adjudication review application, the review adjudicator or the panel of review adjudicators (as the case may be) must disregard any part of a payment claim or a payment response related to damage, loss or expense that is not supported by —

any document showing agreement between the claimant and the respondent on the quantum of that part of the payment claim or the payment response; or

any certificate or other document that is required to be issued under the contract.”; and

by inserting, immediately after subsection (6), the following subsection:“(6A) The review adjudicator or the panel of review adjudicators (as the case may be) must not consider an objection from the respondent of any nature that was not included in the adjudication response, unless —

the circumstances of the objection only arose after the respondent lodged the adjudication response with the authorised nominating body;

the respondent could not reasonably have known of those circumstances when lodging the adjudication response with the authorised nominating body; or

the objection relates to a patent error.”.