QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.97EProtections for higher party
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### sec.97E Protections for higher party
An obligation of a higher party to retain an amount in compliance with a payment withholding request operates, while the obligation continues, as a defence against recovery of the amount by the respondent from the higher party.
Any period during which the higher party retains an amount in compliance with a payment withholding request is not to be taken into account for the purposes of working out any period for which that amount has gone unpaid to the respondent.
s 97E ins 2020 No. 24 s 73
(sec.97E-ssec.1) An obligation of a higher party to retain an amount in compliance with a payment withholding request operates, while the obligation continues, as a defence against recovery of the amount by the respondent from the higher party.
(sec.97E-ssec.2) Any period during which the higher party retains an amount in compliance with a payment withholding request is not to be taken into account for the purposes of working out any period for which that amount has gone unpaid to the respondent.