Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 23B

23B Subcontractor beneficiary may request particular information

(1) A person who is, or was, a subcontractor beneficiary of a project trust may, in writing, request the trustee give the person the following information to the extent it relates to the person—

(a) a statement of balance for the project trust account;

(b) a copy of the transactions for the project trust account;

(c) a copy of the trust records;

(d) a copy of supporting statements given to the contracting party with the payment claims made by the trustee as the contracted party.

(2) The trustee must give the person the requested information within 10 business days after being given the request, unless—

(a) the trustee has a reasonable excuse; or

(b) the information is already available to the person; or

(c) the information has not changed since it was previously given to the person.

Penalty—

Maximum penalty—100 penalty units.

(3) The requested information must be given to the person in writing and any words used in the information to explain a transaction must be in the English language.

(4) It is not a reasonable excuse for the trustee to fail to comply with the request on the grounds that complying with the request might tend to incriminate the trustee or expose the trustee to a penalty.

(5) In this section—

"supporting statement" see section 75 (9) .