Building Industry Fairness (Security of Payment) Regulation 2018
sec.5AMeaning of project trust subcontract — Act , s 9A
Start here
Get a plain-English read of sec.5A
Turn the raw legal text into a practical explanation grounded in Building Industry Fairness (Security of Payment) Regulation 2018.
sec.5A Meaning of project trust subcontract — Act , s 9A
Each of the following services or work is, when associated with the construction, alteration, repair, restoration, maintenance or extension of a building, prescribed for section 9A (1) (b) (iv) of the Act — earthmoving and excavating; if the building is prefabricated—installing the building; constructing a structure, or installing a prefabricated structure, associated with the building; installing a prefabricated component of the building or a structure associated with the building; cleaning the inside or outside of the building or a structure associated with the building; landscaping or restoring the site; other project trust work. For section 9A (1) (c) of the Act , a subcontract is excluded from being a project trust subcontract if the only subcontracted work under the subcontract is 1 or more of the following— drilling for or extracting oil or gas; tunnelling or boring for or extracting minerals; supplying or transporting a prefabricated building or structure or a prefabricated component of a building or structure. s 5A ins 2024 SL No. 85 s 4 (sec.5A-ssec.1) Each of the following services or work is, when associated with the construction, alteration, repair, restoration, maintenance or extension of a building, prescribed for section 9A (1) (b) (iv) of the Act — earthmoving and excavating; if the building is prefabricated—installing the building; constructing a structure, or installing a prefabricated structure, associated with the building; installing a prefabricated component of the building or a structure associated with the building; cleaning the inside or outside of the building or a structure associated with the building; landscaping or restoring the site; other project trust work. (sec.5A-ssec.2) For section 9A (1) (c) of the Act , a subcontract is excluded from being a project trust subcontract if the only subcontracted work under the subcontract is 1 or more of the following— drilling for or extracting oil or gas; tunnelling or boring for or extracting minerals; supplying or transporting a prefabricated building or structure or a prefabricated component of a building or structure.
- (a) earthmoving and excavating;
- (b) if the building is prefabricated—installing the building;
- (c) constructing a structure, or installing a prefabricated structure, associated with the building;
- (d) installing a prefabricated component of the building or a structure associated with the building;
- (e) cleaning the inside or outside of the building or a structure associated with the building;
- (f) landscaping or restoring the site;
- (g) other project trust work.
- (a) drilling for or extracting oil or gas;
- (b) tunnelling or boring for or extracting minerals;