QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.35ALimited purposes for which money may be deposited in retention trust account
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### sec.35A Limited purposes for which money may be deposited in retention trust account
A trustee must not cause an amount to be deposited into the retention trust account for any purpose other than—
withholding a retention amount from payment under a contract for which the trustee is the contracting party; or
repaying an amount withdrawn in error.
Maximum penalty—200 penalty units or 1 year’s imprisonment.
This section does not apply to a deposit of an amount that is interest earned on amounts held in a retention trust account.
s 35A ins 2020 No. 24 s 63
(sec.35A-ssec.1) A trustee must not cause an amount to be deposited into the retention trust account for any purpose other than— withholding a retention amount from payment under a contract for which the trustee is the contracting party; or repaying an amount withdrawn in error. Maximum penalty—200 penalty units or 1 year’s imprisonment.
(sec.35A-ssec.2) This section does not apply to a deposit of an amount that is interest earned on amounts held in a retention trust account.
- (a) withholding a retention amount from payment under a contract for which the trustee is the contracting party; or
- (b) repaying an amount withdrawn in error.