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BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 - SECT 75

75 .         Requirements relating to establishment of retention money trust accounts

        (1)         The following requirements apply to any retention money trust account —

            (a)         the account must be a deposit or transaction account of the recognised financial institution;

            (b)         the name of the account and the description of the account in the records of the party who established the account must include the words “trust account”;

            (c)         as soon as practicable after the account is established (or after a previously established account for one construction contract is first used for another construction contract), the party who established the account must give the other party to the contract written notice of the establishment of the account and the following particulars of the account —

                  (i)         the name of the recognised financial institution with which the account has been established;

                  (ii)         the name of the account;

                  (iii)         the BSB number and account number for the account;

                  (iv)         any other particulars prescribed by the regulations for the purposes of this subparagraph.

        (2)         If any of the particulars referred to in subsection (1)(c) change, the party who established the account must give the other party written notice of the change.

        (3)         A retention money trust account may be closed —

            (a)         after retention money is no longer retained under the construction contract for which it was established or for which it was being used; or

            (b)         after any money in the account is transferred to another retention money trust account that has been established in accordance with this Part.

        (4)         If a retention money trust account is closed, the party who established the account must, as soon as practicable, give written notice of the closure to the other party to the contract.



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