Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 119

119 Request for information about building contract or security

(1) If requested in writing by a subcontractor, the contractor must give the subcontractor the following information within 10 business days after the request is made, unless the contractor has a reasonable excuse—

(a) the name of the person who engaged the contractor under the contract;

(b) the address of—

(i) the person’s place of business; or

(ii) if the person does not have a place of business—the person’s place of residence;

(c) the information about the contract that would enable the subcontractor to give a notice of claim to a person under section 122 ;

(d) advice as to whether there are any securities in existence for the contract;

(e) if known to the contractor, the name and address of the holder of each security mentioned in paragraph (d) .

Penalty—

Maximum penalty—20 penalty units.

(2) Subsection (3) applies if, in response to a request under subsection (1) , the contractor tells the subcontractor of the existence of a security but does not give the name and address of the holder of the security.

(3) If requested in writing by the subcontractor, the person who engaged the contractor under the contract must give the subcontractor the name and address of the holder of the security within 10 business days after the request is made, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—20 penalty units.

(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.