Queensland Consolidated Acts
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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 126
Person given notice of claim must retain money
(1) This section applies if a notice of claim is given to a person under
section 122 because the person is obliged to pay money to a contractor under
(2) The person must retain a sufficient part of the money that is
or is to become payable by the person under the contract to satisfy the claim
until the court in which the claim is heard makes an order about to whom, and
in what way, the money is to be paid.
(3) If the person fails to retain the
money as required under subsection (2) , the person is personally liable to
pay to the subcontractor the amount of the claim, not exceeding the amount
that the person is required to retain under subsection (2) .
the person may, at any time after the notice of claim is given to the person,
pay into court the amount that the person is required to retain under
subsection (2) .
(5) An amount paid into court by a person under
subsection (4) —
(a) may be paid out only under an order of the court; and
(b) discharges the person of all further liability relating to the amount and
of the costs of any proceeding in relation to the amount.
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