QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.40ABeneficiary to be informed of transactions affecting retention amount
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### sec.40A Beneficiary to be informed of transactions affecting retention amount
This section applies if a trustee—
deposits a retention amount into the retention trust account; or
withdraws all or part of a retention amount held in the retention trust account.
Within 5 business days after making the deposit or withdrawal, the trustee must give to the contracted party from whom the retention amount was withheld a notice of the deposit or withdrawal that includes the information prescribed by regulation, unless the trustee has a reasonable excuse.
Maximum penalty—100 penalty units.
This section does not apply to the deposit of a retention amount if the trustee has informed the contracted party of the deposit under section 23A .
s 40A ins 2020 No. 24 s 63
(sec.40A-ssec.1) This section applies if a trustee— deposits a retention amount into the retention trust account; or withdraws all or part of a retention amount held in the retention trust account.
(sec.40A-ssec.2) Within 5 business days after making the deposit or withdrawal, the trustee must give to the contracted party from whom the retention amount was withheld a notice of the deposit or withdrawal that includes the information prescribed by regulation, unless the trustee has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.40A-ssec.3) This section does not apply to the deposit of a retention amount if the trustee has informed the contracted party of the deposit under section 23A .
- (a) deposits a retention amount into the retention trust account; or
- (b) withdraws all or part of a retention amount held in the retention trust account.