QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.15DContracts for maintenance work
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### sec.15D Contracts for maintenance work
A project trust is not required for a contract if the only project trust work to be carried out under the contract is maintenance work.
In this section—
maintenance work —
means—
testing; and
taking samples and restoring the sample site; and
work required on an ongoing basis to—
prevent deterioration or failure of a thing; or
restore a thing to its correct operating specifications; or
replace a component at the end of its working life; but
does not include—
improving a building to increase its capabilities or functions; or
improving a building to meet new statutory requirements applying to the building; or
a refurbishment or replacement of a building that extends the life of the building.
s 15D ins 2020 No. 24 s 63
(sec.15D-ssec.1) A project trust is not required for a contract if the only project trust work to be carried out under the contract is maintenance work.
(sec.15D-ssec.2) In this section— maintenance work — means— testing; and taking samples and restoring the sample site; and work required on an ongoing basis to— prevent deterioration or failure of a thing; or restore a thing to its correct operating specifications; or replace a component at the end of its working life; but does not include— improving a building to increase its capabilities or functions; or improving a building to meet new statutory requirements applying to the building; or a refurbishment or replacement of a building that extends the life of the building.
- (a) means— (i) testing; and (ii) taking samples and restoring the sample site; and (iii) work required on an ongoing basis to— (A) prevent deterioration or failure of a thing; or (B) restore a thing to its correct operating specifications; or (C) replace a component at the end of its working life; but
- (i) testing; and
- (ii) taking samples and restoring the sample site; and
- (iii) work required on an ongoing basis to— (A) prevent deterioration or failure of a thing; or (B) restore a thing to its correct operating specifications; or (C) replace a component at the end of its working life; but
- (A) prevent deterioration or failure of a thing; or
- (B) restore a thing to its correct operating specifications; or
- (C) replace a component at the end of its working life; but
- (b) does not include— (i) improving a building to increase its capabilities or functions; or (ii) improving a building to meet new statutory requirements applying to the building; or (iii) a refurbishment or replacement of a building that extends the life of the building.
- (i) improving a building to increase its capabilities or functions; or
- (ii) improving a building to meet new statutory requirements applying to the building; or
- (iii) a refurbishment or replacement of a building that extends the life of the building.
- (i) testing; and
- (ii) taking samples and restoring the sample site; and
- (iii) work required on an ongoing basis to— (A) prevent deterioration or failure of a thing; or (B) restore a thing to its correct operating specifications; or (C) replace a component at the end of its working life; but
- (A) prevent deterioration or failure of a thing; or
- (B) restore a thing to its correct operating specifications; or
- (C) replace a component at the end of its working life; but
- (A) prevent deterioration or failure of a thing; or
- (B) restore a thing to its correct operating specifications; or
- (C) replace a component at the end of its working life; but
- (i) improving a building to increase its capabilities or functions; or
- (ii) improving a building to meet new statutory requirements applying to the building; or
- (iii) a refurbishment or replacement of a building that extends the life of the building.