Building and Construction Industry (Security of Payment) Act 2021
Part 4Retention money trusts
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Part 4 — Retention money trusts
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Terms used 74
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Construction contracts to which Part applies 76
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Retention money to be held on trust 78
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Beneficial interests of parties to contract in retention money trusts 79
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Requirement to draw down debt facility or otherwise set aside retention money required to be held on trust 79
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Establishment of retention money trust accounts and payments into trust accounts 80
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Requirements relating to establishment of retention money trust accounts 81
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Withdrawals from retention money trust accounts 82
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Decisions on payments into or out of retention money trust accounts by adjudicators, courts, arbitrators and experts 84
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Trust account interest and fees 84
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Trust records 85
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Power to employ agents 86
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Recognised financial institutions not subject to certain obligations and liabilities 86
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Application of Personal Property Securities Act 2009 (Cwlth) 87
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Trusts under this Part prevail over construction or other contracts 87
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General jurisdiction of courts to supervise trusts preserved 87
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Application of Trustees Act 1962 88
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Indemnity of trustee from trust under this Part 88
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Offence for failure to comply with certain requirements of this Part 89