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Building and Construction Industry Security of Payment Regulation 2020
16Trust account records
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#### 16 Trust account records
16 Trust account records
> > (1) A head contractor must keep records in relation to a retention money trust account established by the head contractor showing the amounts deposited into or withdrawn from the account.
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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 keep a separate ledger for retention money held in respect of each subcontractor in connection with each construction contract.
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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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> > (3) The ledger must contain the following information—
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> > > (a) the amounts deposited into or withdrawn from the retention money trust account in respect of the subcontractor,
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> > > (b) the date of each transaction,
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> > > (c) the balance after each transaction.
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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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> > (4) A head contractor must provide the subcontractor concerned with a copy of the ledger—
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> > > (a) at least once every 3 months, or
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> > > (b) as often as may be agreed in writing by the head contractor and the subcontractor (but at least once every 6 months).
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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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> > (5) A head contractor must retain a record made in relation to a retention money trust account for the purposes of this clause for not less than 3 years after the account is closed.
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> > Maximum penalty—In the case of a corporation, 1,000 penalty units or, in any other case, 200 penalty units.