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Building and Construction Industry Security of Payment Regulation 2020
10Withdrawals from trust account
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#### 10 Withdrawals from trust account
10 Withdrawals from trust account
> > (1) A head contractor must not withdraw retention money from a retention money trust account except—
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> > > (a) for the purpose of the payment of the money in accordance with the terms of the construction contract under which the money was retained by the head contractor, or
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> > > (b) as may be agreed in writing by the head contractor and the subcontractor concerned, or
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> > > (c) for the purpose of the payment of the adjudicated amount that the head contractor is required to pay under section 23 of the Act, or
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> > > (d) in accordance with an order of a court or tribunal.
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> > Maximum penalty—In the case of a corporation, 1,000 penalty units or, in any other case, 200 penalty units.
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> > (2) A head contractor must not withdraw retention money from a retention money trust account otherwise than by cheque or electronic funds transfer.
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> > Maximum penalty—In the case of a corporation, 1,000 penalty units or, in any other case, 200 penalty units.