QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.51AAmounts in trust account unavailable for trustee’s debts
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### sec.51A Amounts in trust account unavailable for trustee’s debts
An amount paid, or required to be paid, into a trust account under this chapter can not be—
used to recover a debt owed to a creditor of the trustee; or
attached or taken in execution under a court order or process for the benefit of a creditor of the trustee.
Subsection (1) —
applies in relation to the trustee, whether in the capacity of trustee or otherwise; and
ceases to apply to an amount once lawfully withdrawn from the trust account; and
does not apply to the extent it would interfere with the right of a beneficiary under this Act.
In this section—
beneficiary , of a trust account, does not include a beneficiary who is also the trustee for the account.
s 51A ins 2020 No. 24 s 63
(sec.51A-ssec.1) An amount paid, or required to be paid, into a trust account under this chapter can not be— used to recover a debt owed to a creditor of the trustee; or attached or taken in execution under a court order or process for the benefit of a creditor of the trustee.
(sec.51A-ssec.2) Subsection (1) — applies in relation to the trustee, whether in the capacity of trustee or otherwise; and ceases to apply to an amount once lawfully withdrawn from the trust account; and does not apply to the extent it would interfere with the right of a beneficiary under this Act.
(sec.51A-ssec.3) In this section— beneficiary , of a trust account, does not include a beneficiary who is also the trustee for the account.
- (a) used to recover a debt owed to a creditor of the trustee; or
- (b) attached or taken in execution under a court order or process for the benefit of a creditor of the trustee.
- (a) applies in relation to the trustee, whether in the capacity of trustee or otherwise; and
- (b) ceases to apply to an amount once lawfully withdrawn from the trust account; and
- (c) does not apply to the extent it would interfere with the right of a beneficiary under this Act.