QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.31BWhat are the beneficial interests in a retention trust
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### sec.31B What are the beneficial interests in a retention trust
The beneficiaries of a retention trust have a beneficial interest in—
for the contracted party as beneficiary—all retention amounts held in the trust that were withheld from payment to the contracted party; or
for the contracting party as beneficiary—all amounts held in the trust after subtracting the beneficial interests mentioned in paragraph (a) .
The contracting party’s beneficial interest will generally only exist once the contracted party’s beneficial interest has ended under subsection (2) .
However, the contracted party’s beneficial interest in a retention amount ends—
if and when the contracting party becomes entitled to be paid the amount under the relevant contract; and
to the extent the contracting party becomes entitled to be paid the amount under the relevant contract.
The contracting party becomes entitled under the contract to be paid a retention amount to pay for corrections to defects in the contracted work.
s 31B ins 2020 No. 24 s 63
(sec.31B-ssec.1) The beneficiaries of a retention trust have a beneficial interest in— for the contracted party as beneficiary—all retention amounts held in the trust that were withheld from payment to the contracted party; or for the contracting party as beneficiary—all amounts held in the trust after subtracting the beneficial interests mentioned in paragraph (a) . The contracting party’s beneficial interest will generally only exist once the contracted party’s beneficial interest has ended under subsection (2) .
(sec.31B-ssec.2) However, the contracted party’s beneficial interest in a retention amount ends— if and when the contracting party becomes entitled to be paid the amount under the relevant contract; and to the extent the contracting party becomes entitled to be paid the amount under the relevant contract. The contracting party becomes entitled under the contract to be paid a retention amount to pay for corrections to defects in the contracted work.
- (a) for the contracted party as beneficiary—all retention amounts held in the trust that were withheld from payment to the contracted party; or
- (b) for the contracting party as beneficiary—all amounts held in the trust after subtracting the beneficial interests mentioned in paragraph (a) . Note— The contracting party’s beneficial interest will generally only exist once the contracted party’s beneficial interest has ended under subsection (2) .
- (a) if and when the contracting party becomes entitled to be paid the amount under the relevant contract; and
- (b) to the extent the contracting party becomes entitled to be paid the amount under the relevant contract. Example of when the contracting party becomes entitled to be paid a retention amount— The contracting party becomes entitled under the contract to be paid a retention amount to pay for corrections to defects in the contracted work.