QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.34Contracting party withholding retention amount must open retention trust account
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### sec.34 Contracting party withholding retention amount must open retention trust account
This section applies if, under section 32 , a retention trust is required for a retention amount withheld from payment under a contract.
The contracting party must open an account for the retention trust at a financial institution—
if the retention trust is required under section 32 (1) —before the retention amount is withheld; or
if the retention trust is required under section 32 (2) —within 20 business days after the contract becomes a withholding contract.
Maximum penalty—500 penalty units.
However, the contracting party need only establish 1 retention trust account for all retention amounts withheld by the party under any number of contracts for which it is the contracting party.
s 34 amd 2018 No. 17 s 176R
sub 2020 No. 24 s 63
amd 2024 No. 14 s 40
(sec.34-ssec.1) This section applies if, under section 32 , a retention trust is required for a retention amount withheld from payment under a contract.
(sec.34-ssec.2) The contracting party must open an account for the retention trust at a financial institution— if the retention trust is required under section 32 (1) —before the retention amount is withheld; or if the retention trust is required under section 32 (2) —within 20 business days after the contract becomes a withholding contract. Maximum penalty—500 penalty units.
(sec.34-ssec.3) However, the contracting party need only establish 1 retention trust account for all retention amounts withheld by the party under any number of contracts for which it is the contracting party.
- (a) if the retention trust is required under section 32 (1) —before the retention amount is withheld; or
- (b) if the retention trust is required under section 32 (2) —within 20 business days after the contract becomes a withholding contract.