Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 51F

51F Power to delegate

(1) The trustee for a project trust or retention trust may delegate to a person resident in the State any powers of the trustee relating to the trust, other than this power to delegate.

Note—

See the Acts Interpretation Act 1954 , section 27A about delegations of functions or powers.

(2) Subsection (3) applies if—

(a) a person (the
"delegate" ) is delegated a power of a trustee under subsection (1) ; and

(b) the delegate purports to—

(i) exercise a different power of the trustee; or

(ii) exercise the power while the delegation is not in force; or

(iii) exercise the power after the delegation has been revoked by the trustee or by operation of law; and

(c) another person relies on the purported exercise of the power by the delegate.

(3) Unless the other person had actual notice that the delegate was not authorised to exercise the power, the purported exercise of the power is taken to be as valid as if it were exercised under a delegation that was in force and authorised the purported exercise of the power.

(4) The costs relating to the delegation are not recoverable from funds held in trust for a project trust or retention trust or from any beneficiary for the trust, other than the trustee.

(5) The trustee must keep evidence of the delegation for a period of 7 years.