Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 97G

97G Charge over amount retained

(1) This section applies if a claimant gives a payment withholding request to a higher party.

(2) In addition to the obligation of the higher party to retain an amount in compliance with the payment withholding request, the amount is also subject to a charge in favour of the claimant for securing payment of the amount to the claimant if the claimant becomes entitled to that amount.

(3) The charge over the amount expires if any of the following happens—

(a) the respondent pays the amount to the claimant;

(b) the adjudication decision relating to the amount is set aside and the respondent pays into court, as security, the unpaid portion of the amount pending a final decision;

(c) the adjudication certificate relating to the amount is filed in court as a judgment for debt, but the court dismisses the proceedings for enforcement.

(4) The claimant may enforce the charge as if the charge had been given to it under a written agreement between it and the higher party.

(5) An act done to defeat, or purporting to operate so as to defeat, the charge is of no effect against the claimant.

(6) The charge is declared to be a statutory interest to which the Personal Property Securities Act 2009 (Cwlth) , section 73 (2) applies.