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Building and Construction Industry Security of Payment Regulation 2020
8Retention money to be held in trust account
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#### 8 Retention money to be held in trust account
8 Retention money to be held in trust account
> > (1) A head contractor to whom this Part applies must—
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> > > (a) hold the retention money in trust for the subcontractor entitled to the money, and
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> > > (b) ensure that the money is paid into and retained in a trust account established with an approved ADI (a retention money trust 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 ensure that the money is paid into the retention money trust account as soon as possible, but no later than 5 business days after the head contractor is required to retain the retention money.
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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) A retention money trust account may be established as—
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> > > (a) a separate trust account for the retention money held in respect of a particular subcontractor, or
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> > > (b) a separate trust account for all retention money held in connection with a particular construction contract of the head contractor, or
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> > > (c) a separate trust account for all retention money held in connection with 2 or more (or all) construction contracts of the head contractor.