Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 209

209 Unfinished matters for existing subcontractors’ charges to be dealt with under the repealed Act

(1) This section applies if, before the commencement, a subcontractor gave a person a notice of claim of charge for a subcontractor’s charge and, at the commencement, there are unfinished matters for the charge.

(2) Despite the repeal of the Subcontractors’ Charges Act 1974 , the repealed Act continues to apply for the notice of claim and subcontractor’s charge, and any unfinished matters for the charge.

(2A) However, a reference to a subcontractor’s charge in section 117 includes a reference to a subcontractor’s charge mentioned in subsection (2).

(3) To remove any doubt, it is declared that if a subcontractor became entitled to a subcontractor’s charge before the commencement, but had not given a person a notice of claim of charge in relation to the charge, the person must secure the charge in accordance with this Act.

(4) In this section—

"notice of claim of charge" means a notice complying with repealed section 10(1)(a).

"unfinished matter" , for a subcontractor’s charge, includes a matter under the repealed Act that has yet to be started or completed, including, for example, the following—

(a) giving a person who holds a security a notice under repealed section 10(1)(aa);

(b) giving a person a notice of having made a claim under repealed section 10(1)(b);

(c) a person given a notice of claim of charge retaining money under repealed section 11;

(d) the giving of a contractor’s notice under repealed section 11(3).

(e) the use of securities for the subcontractor’s charge under repealed section 11A to 11D;

(f) the giving of information under repealed section 9A or 11E;

(g) the paying of money for the subcontractor’s charge;

(h) the enforcement of the subcontractor’s charge.