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Building Industry Fairness (Security of Payment) Act 2017
sec.31AWho are the trustee and beneficiaries of a retention trust
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### sec.31A Who are the trustee and beneficiaries of a retention trust
This section applies to a retention trust established for retention amounts withheld from payment under a contract (the retention trust contract ).
The contracting party is both the trustee and a beneficiary of the retention trust.
The contracting party—
becomes the trustee and a beneficiary of the retention trust when the trust is established; and
ceases to be the trustee and a beneficiary of the retention trust when the trust is dissolved.
The contracted party is a beneficiary of the retention trust.
The contracted party—
becomes a beneficiary of the retention trust when a retention amount is withheld from payment to the party under the retention trust contract; and
ceases to be a beneficiary of the retention trust when paid all retention amounts it has a beneficial interest in and the trust is lawfully dissolved.
A retention amount need only be released to a contracted party when required under the relevant contract.
s 31A ins 2020 No. 24 s 63
amd 2024 No. 14 s 37
(sec.31A-ssec.1) This section applies to a retention trust established for retention amounts withheld from payment under a contract (the retention trust contract ).
(sec.31A-ssec.2) The contracting party is both the trustee and a beneficiary of the retention trust.
(sec.31A-ssec.3) The contracting party— becomes the trustee and a beneficiary of the retention trust when the trust is established; and ceases to be the trustee and a beneficiary of the retention trust when the trust is dissolved.
(sec.31A-ssec.4) The contracted party is a beneficiary of the retention trust.
(sec.31A-ssec.5) The contracted party— becomes a beneficiary of the retention trust when a retention amount is withheld from payment to the party under the retention trust contract; and ceases to be a beneficiary of the retention trust when paid all retention amounts it has a beneficial interest in and the trust is lawfully dissolved. A retention amount need only be released to a contracted party when required under the relevant contract.
- (a) becomes the trustee and a beneficiary of the retention trust when the trust is established; and
- (b) ceases to be the trustee and a beneficiary of the retention trust when the trust is dissolved.
- (a) becomes a beneficiary of the retention trust when a retention amount is withheld from payment to the party under the retention trust contract; and
- (b) ceases to be a beneficiary of the retention trust when paid all retention amounts it has a beneficial interest in and the trust is lawfully dissolved. Note— A retention amount need only be released to a contracted party when required under the relevant contract.