QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.55AFinancial institutions not subject to particular obligations and liabilities
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### sec.55A Financial institutions not subject to particular obligations and liabilities
A financial institution at which a trust account is kept—
is not under an obligation to control or supervise transactions in relation to the account or to oversee the application of money disbursed from the account; and
is not liable to any action for the loss or damage suffered by another person as a result of the institution complying with this Act; and
does not have any recourse or right, whether by way of set-off, counter-claim, charge or otherwise, against money in the account for a liability of the trustee owing to the financial institution.
Subsection (1) does not relieve a financial institution, nor any officer or employee of the institution, from any liability to which the institution, officer or employee is subject apart from this section.
s 55A ins 2018 No. 17 s 176ZH
sub 2020 No. 24 s 63
(sec.55A-ssec.1) A financial institution at which a trust account is kept— is not under an obligation to control or supervise transactions in relation to the account or to oversee the application of money disbursed from the account; and is not liable to any action for the loss or damage suffered by another person as a result of the institution complying with this Act; and does not have any recourse or right, whether by way of set-off, counter-claim, charge or otherwise, against money in the account for a liability of the trustee owing to the financial institution.
(sec.55A-ssec.2) Subsection (1) does not relieve a financial institution, nor any officer or employee of the institution, from any liability to which the institution, officer or employee is subject apart from this section.
- (a) is not under an obligation to control or supervise transactions in relation to the account or to oversee the application of money disbursed from the account; and
- (b) is not liable to any action for the loss or damage suffered by another person as a result of the institution complying with this Act; and
- (c) does not have any recourse or right, whether by way of set-off, counter-claim, charge or otherwise, against money in the account for a liability of the trustee owing to the financial institution.