Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 124

124 Copy of notice of claim to the holder of a security

(1) This section applies if—

(a) a subcontractor gives a notice of claim to a person (the
"recipient" ) obliged to pay money to a contractor under a contract; and

(b) a person other than the recipient holds a security for the contract.

(2) The subcontractor must give a copy of the notice of claim to the person who holds the security.

(3) If a copy of the notice of claim is not given as required under subsection (2) , the claimed subcontractor’s charge does not attach to the security.

(4) To remove any doubt, it is declared that subsection (3) does not affect a subcontractor’s charge to the extent it otherwise attaches under this chapter.