Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 74

74 Effect of ‘pay when paid’ provisions

(1) A ‘pay when paid’ provision of a construction contract has no effect in relation to any payment for construction work carried out, or related goods and services supplied, under the construction contract.

(2) In this section—

"amount owing" , in relation to a construction contract, means an amount owing for construction work carried out, or related goods and services supplied, under the construction contract.

"‘pay when paid’ provision" , of a construction contract, means a provision of the contract—

(a) that makes the liability of 1 party (the
"first party" ) to pay an amount owing to another party (the
"second party" ) contingent on payment to the first party by someone else (the
"third party" ) of the whole or any part of that amount; or

(b) that makes the due date for payment of an amount owing by the first party to the second party dependent on the date on which payment of the whole or any part of that amount is made to the first party by the third party; or

(c) that otherwise makes the liability to pay an amount owing, or the due date for payment of an amount owing, contingent or dependent on the operation of another contract.