Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 113

113 All money paid in reduction of contract price generally subject to subcontractor’s charge

(1) For a subcontractor’s charge, the amount of money payable to the contractor under the contract is taken to include all money paid in reduction of the contract price to any person other than the subcontractor claiming the charge, unless that money is paid—

(a) in good faith and not for the purpose of defeating or impairing a subcontractor’s charge; and

(b) without contravening section 126 .

(2) Subsection (1) applies in relation to money payable to another subcontractor for a higher subcontract as if—

(a) a reference in the subsection to a contractor were a reference to the other subcontractor; and

(b) a reference in the subsection to the contract were a reference to the higher subcontract.