Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 211B

211B Continued application of former chapter 2 for particular building contracts

(1) This section applies in relation to a building contract—

(a) if the contract was entered into because of a tender process—for which the tender process was started before the replacement of chapter 2 by the amendment Act; or

(b) otherwise—entered into before the replacement of chapter 2 by the amendment Act.

(2) Chapter 2, as in force on the commencement, does not apply in relation to the building contract.

(3) Former chapter 2 continues to apply in relation to the building contract despite its repeal.

Note—

While former chapter 2 continues to apply to the building contract, the requirement to establish a project bank account under former section 13 might not apply to the building contract until an amendment of the contract. See former section 15.

(4) However, former chapter 2, part 5 applies in relation to the building contract, after the replacement of chapter 2, only if a principal was appointed as trustee for the relevant project bank account under former section 54 before the replacement of chapter 2.