QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.97FRespondent to provide information about higher party
Start here
Get a plain-English read of sec.97F
Turn the raw legal text into a practical explanation grounded in Building Industry Fairness (Security of Payment) Act 2017.
### sec.97F Respondent to provide information about higher party
The claimant for an adjudicated amount may require the respondent to give the claimant the following information—
the name of the higher party for the adjudicated amount;
the address of the higher party’s place of business or, if the higher party does not have a place of business, the higher party’s place of residence;
whether any amount is, or will become payable, by the higher party to the respondent under an arrangement for—
the construction work to which the adjudicated amount relates; or
the supply of related goods and services to which the adjudicated amount relates.
The respondent must comply with the requirement within 5 business days after receiving it.
Maximum penalty—20 penalty units.
The respondent must not, in purported compliance with the requirement, give the claimant information that the respondent knows is false or misleading in a material particular.
Maximum penalty—100 penalty units.
s 97F ins 2020 No. 24 s 73
(sec.97F-ssec.1) The claimant for an adjudicated amount may require the respondent to give the claimant the following information— the name of the higher party for the adjudicated amount; the address of the higher party’s place of business or, if the higher party does not have a place of business, the higher party’s place of residence; whether any amount is, or will become payable, by the higher party to the respondent under an arrangement for— the construction work to which the adjudicated amount relates; or the supply of related goods and services to which the adjudicated amount relates.
(sec.97F-ssec.2) The respondent must comply with the requirement within 5 business days after receiving it. Maximum penalty—20 penalty units.
(sec.97F-ssec.3) The respondent must not, in purported compliance with the requirement, give the claimant information that the respondent knows is false or misleading in a material particular. Maximum penalty—100 penalty units.
- (a) the name of the higher party for the adjudicated amount;
- (b) the address of the higher party’s place of business or, if the higher party does not have a place of business, the higher party’s place of residence;
- (c) whether any amount is, or will become payable, by the higher party to the respondent under an arrangement for— (i) the construction work to which the adjudicated amount relates; or (ii) the supply of related goods and services to which the adjudicated amount relates.
- (i) the construction work to which the adjudicated amount relates; or
- (ii) the supply of related goods and services to which the adjudicated amount relates.
- (i) the construction work to which the adjudicated amount relates; or
- (ii) the supply of related goods and services to which the adjudicated amount relates.