Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 114

114 Assignments etc. of no effect against subcontractor’s charge

(1) An assignment, disposition or charge of any kind that is made or given by a contractor for money that is or is to become payable to the contractor under the contract has no effect against a subcontractor’s charge.

(2) However, subsection (1) does not apply to an assignment, disposition or charge made or given by the contractor to the contractor’s employees for wages payable to them in relation to the contract.

(3) Subject to this chapter, money that is, or is to become, payable to the contractor can not be attached or passed or charged by operation of law so as to defeat or impair a subcontractor’s charge.

(4) Subsections (1) to (3) apply in relation to another subcontractor for a higher subcontract as if—

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

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