Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 109

109 Charges in favour of subcontractors

(1) Each subcontractor for the contract is entitled to a charge over money payable to—

(a) the contractor under the contract; or

(b) another subcontractor under a higher subcontract.

(2) Also, if payment can not be satisfied by a charge mentioned in subsection (1) , the subcontractor is entitled to a charge on any security for the contract or higher subcontract.

(3) However, a security for the contract or higher subcontract is only available to the extent—

(a) of the security’s maximum possible value for securing performance of the contract or higher subcontract; and

(b) it is not required to be used for securing the performance of the contract or higher subcontract.

(4) A charge mentioned in subsection (1) or (2) is a
"subcontractor’s charge" .

(5) A subcontractor’s charge secures payment in accordance with the subcontract of all money that is payable, or is to become payable, to the subcontractor for the subcontracted work.