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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SUBCONTRACTORS'
CHARGES AMENDMENT
BILL 1998
Queensland
SUBCONTRACTORS' CHARGES
AMENDMENT BILL 1998
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new s 3AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3AA Meaning of "security" for securing contract performance . . . . . . . . 5
6 Amendment of s 5 (Charges in favour of subcontractors) . . . . . . . . . . . . . . 6
7 Amendment of s 7A (Schemes of arrangement binding on
subcontractors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 8 (Insufficiency of money to meet claims) . . . . . . . . . . . . 7
9 Amendment of s 9A (Contractor to furnish information as to employer) . . 8
10 Amendment of s 10 (Notice of claim of charge) . . . . . . . . . . . . . . . . . . . . . 8
11 Amendment of s 11 (Consequences of notice of claim of charge) . . . . . . . 10
12 Insertion of new ss 11A-11D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11A Use of security for benefit of subcontractors if no
contractor acceptance of liability for all claims . . . . . . . . . . . . . . . . 11
11B Use of security for benefit of subcontractors if contractor
accepts liability for all claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11C Authority of court for security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11D Certain subcontractor securities of no effect . . . . . . . . . . . . . . . . . . . 16
13 Amendment of s 12 (Enforcement of charge) . . . . . . . . . . . . . . . . . . . . . . . . 17
14 Amendment of s 15 (Proceedings in respect of charges) . . . . . . . . . . . . . . . 17
15 Amendment of s 17 (Power to proceed in absence of person
against whom proceedings brought) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2
Subcontractors' Charges Amendment
16 Amendment of s 22 (Vexatious notice of claim) . . . . . . . . . . . . . . . . . . . . . 18
17 Insertion of new s 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Security for contracts entered into before Act amendment . . . . . . . 18
1998
A BILL
FOR
An Act to amend the Subcontractors' Charges Act 1974
s1 4 s4
Subcontractors' Charges Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Subcontractors' Charges Amendment Act 3
1998. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
amended 7
Act
Clause 3. This Act amends the Subcontractors' Charges Act 1974. 8
of s 3 (Definitions) 9
Amendment
Clause 4.(1) Section 3, `3.(1) In'-- 10
omit, insert-- 11
`3. In'. 12
(2) Section 3-- 13
insert-- 14
` "land" includes land under water. 15
"project specific materials", for work the subject of a contract or 16
subcontract, means materials that-- 17
(a) are made specifically to be incorporated into the work; and 18
(b) could not, without substantial change, be incorporated into other 19
work. 20
"section 11B security" see section 11B. 21
"security", for securing, wholly or partly, the performance of a contract or 22
subcontract, see section 3AA. 23
"structure", on land under water, includes a structure made up of 24
s5 5 s5
Subcontractors' Charges Amendment
component parts that include-- 1
(a) component parts fixed to the land; and 2
(b) component parts that rise and fall with the rise and fall of the 3
water, but that are confined in their location by component parts 4
fixed to the land. 5
6
Example of a structure included under this definition--
7
A marina made up of fixed pylons, and pontoons that rise and fall with the water
8
level but that are otherwise confined in their location by the pylons.
"supply of labour", for work the subject of a contract or subcontract, does 9
not include the supply of persons for performing an activity that is 10
only the administration or supervision of the work.'. 11
(3) Section 3, definition "work", after `and includes also'-- 12
insert-- 13
`the manufacture of project specific materials for work the subject of the 14
contract or subcontract, the supply of labour for work the subject of the 15
contract or subcontract, and'. 16
of new s 3AA 17
Insertion
Clause 5. After section 3-- 18
insert-- 19
of "security" for securing contract performance 20
`Meaning
`3AA.(1) In this Act-- 21
"security", for securing, wholly or partly, the performance of a contract or 22
subcontract, means a security that is in the form of any of the 23
following or a combination of all or any of the following-- 24
(a) an amount of money (other than an amount held as retention 25
money); 26
(b) an instrument (including, for example, an instrument known as a 27
performance bond or undertaking) under which a financial 28
institution, insurer or other entity undertakes to pay the amount 29
stated in the instrument (whether on the demand of the holder of 30
the security, or on the happening of another event); 31
s6 6 s6
Subcontractors' Charges Amendment
(c) bonds; 1
(d) inscribed stock; 2
(e) interest bearing deposits. 3
`(2) A security mentioned in subsection (1)(b) to (e) is a security under 4
this section whether or not the security has been exchanged for, or is held 5
instead of, retention money.'. 6
of s 5 (Charges in favour of subcontractors) 7
Amendment
Clause 6.(1) Section 5(1), from `be entitled to'-- 8
omit, insert-- 9
`be entitled to-- 10
(a) a charge on the money payable to the contractor or a superior 11
contractor under the contractor's, or superior contractor's, 12
contract or subcontract; and 13
(b) subject to subsection (5), a charge on any security given for 14
securing, wholly or partly, the performance by the contractor or a 15
superior contractor of the contractor's, or superior contractor's, 16
contract or subcontract.'. 17
(2) Section 5-- 18
insert-- 19
`(4) To avoid doubt, it is declared that money that is payable or is to 20
become payable to a subcontractor, and that may be the subject of a charge 21
to which the subcontractor is entitled under subsection (1)(a), does not 22
include the following-- 23
(a) damages for breach of contract or in tort; 24
(b) an amount payable on the basis of an extra-contractual remedy, 25
including, for example, as reasonable compensation for work 26
done; 27
(c) damages or other relief under another Act or an Act of another 28
State or the Commonwealth, including damages or other relief 29
under the Trade Practices Act 1974 (Cwlth). 30
s7 7 s8
Subcontractors' Charges Amendment
`(5) The charge on a security to which a subcontractor is entitled under 1
subsection (1)(b) secures a payment mentioned in subsection (2)-- 2
(a) only if the payment cannot be satisfied by the charge mentioned 3
in subsection (1)(a); and 4
(b) to the extent of the security's maximum possible value for 5
securing performance of the contractor's, or superior contractor's, 6
contract or subcontract, except to the extent that the security is 7
used for securing the performance of the contract or subcontract 8
or in some other way provided in the contract or subcontract. 9
`(6) To avoid doubt, it is declared that, for a subcontractor's claim of 10
charge for retention money only, the charge to which the subcontractor is 11
entitled under subsection (1)(b) is not limited to merely a charge on any 12
security that has been exchanged for, or is held instead of, retention 13
money.'. 14
of s 7A (Schemes of arrangement binding on 15
Amendment
subcontractors) 16
Clause 7. Section 7A(a)-- 17
omit, insert-- 18
`(a) any compromise or arrangement approved under the 19
Corporations Law, part 5.1;1 and'. 20
of s 8 (Insufficiency of money to meet claims) 21
Amendment
Clause 8. Section 8-- 22
insert-- 23
`(2) For subsection (1), money that is or is to become payable under the 24
contract includes money that is or is to become payable on the basis of a 25
charge on a security given for securing, wholly or partly, the performance 26
1 Part 5.1 (Arrangements and reconstructions)
s9 8 s 10
Subcontractors' Charges Amendment
of the contract (including money payable under section 11B2 or under an 1
order of the court under section 11C3).'. 2
of s 9A (Contractor to furnish information as to 3
Amendment
employer) 4
Clause 9. Section 9A(1), from `to the subcontractor'-- 5
omit, insert-- 6
`to the subcontractor-- 7
(a) the name of the contractor's or superior contractor's employer; 8
and 9
(b) the address of-- 10
(i) the employer's place of business; or 11
(ii) if the employer does not have a place of business--the 12
employer's place of residence; and 13
(c) the identifying information about the contract between the 14
employer and the contractor or superior contractor that the 15
subcontractor needs for giving a notice of claim of charge in the 16
approved form under section 10; and 17
(d) the name and address of the holder of each security in existence 18
for securing, wholly or partly, the performance of the contract 19
between the employer and the contractor or superior contractor.'. 20
of s 10 (Notice of claim of charge) 21
Amendment
Clause 10.(1) Section 10(1)-- 22
insert-- 23
`(aa) if a person other than the employer or superior contractor holds a 24
security for securing, wholly or partly, the performance of the 25
contract--must give notice in the approved form of having made 26
2 Section 11B (Use of security for benefit of subcontractors if contractor accepts
liability for all claims)
3 Section 11C (Authority of court for security)
s 10 9 s 10
Subcontractors' Charges Amendment
the claim to the person holding the security; and'. 1
(2) Section 10-- 2
insert-- 3
`(1B) A notice of claim of charge must be supported by a statutory 4
declaration of the subcontractor, or, if the subcontractor is a corporation, of 5
an individual who acts on behalf of the subcontractor, about the correctness 6
of the claim (including the correctness of the amount of the claim). 7
`(1C) The statutory declaration must be in the approved form. 8
`(1D) To avoid doubt, it is declared that when a charge on money 9
payable under a contract is claimed, the claim includes a charge on retention 10
money.'. 11
(3) Section 10(3), `under the contract'-- 12
omit, insert-- 13
`under the contract mentioned in subsection (1)'. 14
(4) Section 10-- 15
insert-- 16
`(4A) However, if the reason for a failure to give notice under this 17
section is merely a failure to give a notice under subsection (1)(aa) to the 18
holder of a security, the charge does not attach to the security, but otherwise 19
attaches.'. 20
(5) Section 10(6)(a), `in accordance with subsection (1)'-- 21
omit, insert-- 22
`under subsection (1), and supported by a statutory declaration under 23
subsection (1B)'. 24
(6) Section 10-- 25
insert-- 26
`(7) To avoid doubt, it is declared that a subcontractor may make 2 or 27
more claims if-- 28
(a) each claim is about a separate and distinguishable item of the 29
work done by the subcontractor under a subcontract; and 30
(b) no 2 claims are about the same item.'. 31
s 11 10 s 11
Subcontractors' Charges Amendment
of s 11 (Consequences of notice of claim of charge) 1
Amendment
Clause 11.(1) Section 11(3)-- 2
omit, insert-- 3
`(3) Within 14 days after the notice of the claim of charge mentioned in 4
subsection (1) is given under section 10(1)(b) to the contractor to whom the 5
money is payable, the contractor must give to the employer or superior 6
subcontractor by whom the money is payable, and to the subcontractor 7
giving notice of the claim of charge, a notice (the "contractor's notice") in 8
the approved form that the contractor-- 9
(a) accepts liability to pay the amount claimed; or 10
(b) disputes the claim; or 11
(c) accepts liability to pay the amount (the "stated amount") stated 12
in the contractor's notice, but otherwise disputes the claim.'. 13
(2) Section 11(4), `Where notice is given pursuant to'-- 14
omit, insert-- 15
`If the contractor's notice is given under'. 16
(3) Section 11-- 17
insert-- 18
`(4A) If the contractor's notice is given under subsection (3)(c), the 19
employer or superior contractor by whom money is payable must pay to 20
the subcontractor the stated amount, to the extent of the amount the 21
employer or subcontractor is required to retain under subsection (1). 22
`(4B) However, the employer or superior contractor is required to 23
comply with subsection (4) or (4A) only if, after payment is made under 24
the subsection, the total of all amounts still retained by the employer or 25
superior contractor under subsection (1) or paid into court by the employer 26
or superior contractor under subsection (5) will be equal to or more than the 27
total of all amounts of claims of charge for which a notice of claim of 28
charge has been given but which have not been satisfied by payment under 29
subsection (4) or (4A) or withdrawn under subsection (8).'. 30
(4) Section 11(5), from `into court'-- 31
omit, insert-- 32
s 12 11 s 12
Subcontractors' Charges Amendment
`into court-- 1
(a) if the employer or superior contractor has received a contractor's 2
notice given under subsection (3)(c)--the amount the employer 3
or superior contractor is required to retain under subsection (1), 4
less the stated amount; or 5
(b) if paragraph (a) does not apply--the amount the employer or 6
superior contractor is required to retain under subsection (1).'. 7
(5) Section 11(8), after `withdraw'-- 8
insert-- 9
`, wholly or partly,'. 10
(6) Section 11(8)-- 11
insert-- 12
`(aa) to the holder of any security to whom notice was given under 13
section 10(1)(aa); and'. 14
of new ss 11A-11D 15
Insertion
Clause 12. After section 11-- 16
insert-- 17
of security for benefit of subcontractors if no contractor 18
`Use
acceptance of liability for all claims 19
`11A.(1) A security is a "section 11A security" if all of the following 20
circumstances exist-- 21
(a) an employer or superior contractor, or another person, holds the 22
security for securing, wholly or partly, the performance of a 23
contract; 24
(b) under section 11(1), a person (the "required person") has 25
become subject to a requirement to retain money that is or is to 26
become payable by the person under the contract, to satisfy a 27
subcontractor's claim or claims or the claims of 2 or more 28
subcontractors; 29
(c) there is a claim shortfall amount for the contract; 30
s 12 12 s 12
Subcontractors' Charges Amendment
(d) the security is not a section 11B security. 1
`(2) Once the security is a section 11A security, the holder of the security 2
must retain the security until the first of the following to apply-- 3
(a) because of changed circumstances, there is no longer a claim 4
shortfall amount for the contract, or, for another reason, the 5
security is no longer a section 11A security; 6
(b) the court in which any claim mentioned in subsection (1)(b) is 7
heard makes an order under section 11C about enforcing the 8
charge over the security. 9
`(3) If a person who is required to retain the security under subsection (2) 10
does not retain it, the person is personally liable to pay to the subcontractor 11
the amount of a claim to the extent that the security would have been 12
capable under this Act, if the security had been retained, of satisfying the 13
claim. 14
`(4) Despite subsections (2) and (3)-- 15
(a) if the security is held as an amount of money, the holder of the 16
security may pay the amount, up to the amount of the claim 17
shortfall amount for the contract, into court; and 18
(b) if the security may be converted into an amount of money, the 19
holder of the security may convert the security, wholly or partly, 20
into an amount of money and pay the amount, up to the amount 21
of the claim shortfall amount for the contract, into court. 22
`(5) A payment of an amount under subsection (4) discharges the holder 23
of the security of all further liability for the amount paid and of the costs of 24
any proceeding. 25
`(6) Subsections (2) to (4) do not apply to stop the employer, superior 26
contractor or other person from exercising an entitlement to use the security 27
(including to keep control of the security until, had this section not 28
commenced, the security would be required to be surrendered, wholly or 29
partly) for securing the performance of the contract. 30
`(7) While a security is a section 11A security, a provision of the contract 31
or another arrangement about the security (including a provision of the 32
security itself, and including a provision providing for the surrender, wholly 33
or partly, of the security) is of no effect to the extent that it purports-- 34
s 12 13 s 12
Subcontractors' Charges Amendment
(a) to stop the holder from acting under subsection (2) or (4); or 1
(b) to operate to the detriment of a person if the holder acts under 2
subsection (2) or (4). 3
`(8) An amount paid into court under subsection (4) may be paid out 4
only under an order of the court. 5
`(9) In this section-- 6
"claim shortfall amount" for the contract mentioned in subsection (1)(a), 7
means the amount by which total A for the contract is less than total B 8
for the contract. 9
"total A", for the contract mentioned in subsection (1)(a), means the total 10
of all amounts (if any) the required person is retaining under 11
section 11(1) for the contract, all amounts (if any) the required person 12
has paid into court under section 11(5) for the contract and all amounts 13
(if any) the holder of the security mentioned in subsection (1) has paid 14
into court under subsection (4) in relation to the security. 15
"total B", for a contract mentioned in subsection (1)(a), means the total of 16
all amounts of claims of charge for the contract for which a notice of 17
claim of charge has been given but which have not been satisfied by 18
payment under section 11(4) or (4A) or withdrawn under 19
section 11(8). 20
`(10) If, for the definition "total A", no amounts are being retained or 21
have been paid into court, total A is zero. 22
of security for benefit of subcontractors if contractor accepts 23
`Use
liability for all claims 24
`11B.(1) A security is a "section 11B security" if all of the following 25
circumstances exist-- 26
(a) an employer or superior contractor, or another person, holds the 27
security for securing, wholly or partly, the performance of a 28
contract; 29
(b) under section 11(1), a person (the "required person") has 30
become subject to a requirement to retain money that is or is to 31
become payable by the person under the contract, to satisfy a 32
subcontractor's claim or claims or the claims of 2 or more 33
s 12 14 s 12
Subcontractors' Charges Amendment
subcontractors; 1
(c) there are acceptances of liability under section 11(3) for the total 2
of all amounts of claims of charge for the contract for which a 3
notice of claim of charge has been given and not withdrawn; 4
(d) there is a claim shortfall amount for the contract. 5
`(2) Once the security is a section 11B security, the holder of the security 6
must retain the security until the first of the following to apply-- 7
(a) because of changed circumstances, there is no longer a claim 8
shortfall amount for the contract, or, for another reason, the 9
security is no longer a section 11B security; 10
(b) the court in which any claim mentioned in subsection (1)(b) is 11
heard makes an order under section 11C about enforcing the 12
charge over the security. 13
`(3) If a person who is required to retain the security under subsection (2) 14
does not retain it, the person is personally liable to pay to the subcontractor 15
the amount of a claim to the extent that the security would have been 16
capable under this Act, if the security had been retained, of satisfying the 17
claim. 18
`(4) Despite subsections (2) and (3)-- 19
(a) if the security is held as an amount of money, the holder of the 20
security must pay the amount, up to the claim shortfall amount 21
for the contract, to the subcontractor or subcontractors to whom 22
the acceptance of liability relates; and 23
(b) if the security may be readily converted into an amount of money, 24
the holder of the security must convert the security, wholly or 25
partly, into an amount of money and pay the amount, up to the 26
claim shortfall amount for the contract, to the subcontractor or 27
subcontractors to whom the acceptance of liability relates. 28
`(5) A payment of an amount under subsection (4) discharges the holder 29
of the security of all further liability for the amount paid and of the costs of 30
any proceeding. 31
`(6) Subsections (2) to (4) do not apply to stop the employer, superior 32
contractor or other person from exercising an entitlement to use the security 33
(including to keep control of the security until, had this section not 34
s 12 15 s 12
Subcontractors' Charges Amendment
commenced, the security would be required to be surrendered, wholly or 1
partly) for securing the performance of the contract. 2
`(7) While the security is a section 11B security, a provision of the 3
contract or another arrangement about the security (including a provision of 4
the security itself, and including a provision providing for the surrender, 5
wholly or partly, of the security) is of no effect to the extent that it 6
purports-- 7
(a) to stop the holder from acting under subsection (2) or (4); or 8
(b) to operate to the detriment of a person if the holder acts under 9
subsection (2) or (4). 10
`(8) In this section-- 11
"claim shortfall amount", for the contract mentioned in subsection (1)(a), 12
means the amount by which total A for the contract is less than total B 13
for the contract. 14
"total A", for the contract mentioned in subsection (1)(a), means the total 15
of all amounts (if any) paid under section 11(4) and (4A) for the 16
contract, all amounts (if any) the required person is retaining under 17
section 11(1) for the contract, all amounts (if any) the required person 18
has paid into court under section 11(5) for the contract and all amounts 19
(if any) that have previously been paid out in relation to the security 20
mentioned in subsection (1) under section 11A. 21
"total B", for the contract mentioned in subsection (1)(a), means the total 22
of all amounts of claims of charge for the contract for which a notice 23
of claim of charge has been given but which have not been satisfied by 24
payment under section 11(4) or (4A) or withdrawn under 25
section 11(8). 26
`(9) If, for the definition "total A", no amounts are being retained or 27
have been paid into court or been paid out, total A is zero. 28
of court for security 29
`Authority
`11C.(1) This section applies if the holder of a security is retaining the 30
security under section 11A(2) or 11B(2) or has paid an amount for the 31
security into court under section 11A(4). 32
`(2) The court may make the order it considers appropriate for enforcing 33
s 12 16 s 12
Subcontractors' Charges Amendment
the charge over the security to which a subcontractor is entitled under 1
section 5,4 including an order for realising the security. 2
`(3) The court may make an order for realising the security only if the 3
holder of the security is no longer entitled, under any contract or other 4
arrangement about the security (including under the security itself), to use 5
the security-- 6
(a) for securing the performance of the contract the performance of 7
which it secures; or 8
(b) in some other way provided in the contract mentioned in 9
paragraph (a). 10
`(4) Without limiting the orders the court may make under 11
subsection (2), the court may order the holder of the security to produce the 12
security to the court. 13
`(5) A precondition or expiry provision for the security is of no effect to 14
the extent that the provision could operate to stop the realisation of a security 15
under subsection (2). 16
`(6) In this section-- 17
"expiry provision", for a security, means a provision of a contract or 18
another arrangement about the security (including a provision of the 19
security itself) under which the security stops, wholly or partly, having 20
effect. 21
"precondition provision", for a security, means a provision of a contract 22
or another arrangement about the security (including a provision of the 23
security itself) stating the circumstances that are to apply before the 24
holder of the security may exercise an entitlement to use the security 25
for securing the performance of a contract. 26
subcontractor securities of no effect 27
`Certain
`11D. To the extent that a security for securing, wholly or partly, the 28
performance by a contractor or a superior contractor of the contractor's, or 29
superior contractor's, contract or subcontract is given by a subcontractor, 30
the security is of no effect.'. 31
4 Section 5 (Charges in favour of subcontractors)
s 13 17 s 14
Subcontractors' Charges Amendment
of s 12 (Enforcement of charge) 1
Amendment
Clause 13.(1) Section 12-- 2
insert-- 3
`(1A) To avoid doubt, it is declared that a person who is an employer or 4
superior contractor makes satisfactory arrangements under subsection (1) if 5
the person pays into court under section 11(5) the amount the person is 6
required to retain under section 11.'. 7
(2) Section 12(3A), after `section 10'-- 8
insert-- 9
`, whose charge has not been extinguished under section 15,'. 10
(3) Section 12(3B), `(whether or not' to `claim of charge)'-- 11
omit. 12
of s 15 (Proceedings in respect of charges) 13
Amendment
Clause 14.(1) Section 15(2), after `money payable'-- 14
insert-- 15
`or a security in existence'. 16
(2) Section 15(3)-- 17
omit, insert-- 18
`(3) Within 14 days after the proceeding is commenced, the 19
subcontractor must give each person to whom a notice of the claim of 20
charge, or a notice of having made a claim of charge, has been given under 21
section 10(1), a notice in the approved form advising that the proceeding 22
has been commenced. 23
`(4) Subsection (3) does not apply for a person if, within the 14 days 24
mentioned in the subsection, the subcontractor has served the person with a 25
copy of the initiating documents for the proceeding. 26
`(5) A charge is taken to be extinguished if-- 27
(a) the subcontractor does not commence a proceeding under 28
subsection (1) to enforce the charge; or 29
s 15 18 s 17
Subcontractors' Charges Amendment
(b) having commenced the proceeding, does not comply with 1
subsection (3) to the extent that it applies.'. 2
of s 17 (Power to proceed in absence of person against 3
Amendment
whom proceedings brought) 4
Clause 15. Section 17, `in accordance with section 16'-- 5
omit. 6
of s 22 (Vexatious notice of claim) 7
Amendment
Clause 16. Section 22-- 8
insert-- 9
`(1A) Without limiting subsection (1), a person gives a notice of a clai m
10
of charge without reasonable grounds under the subsection if the perso 11 n
knows, or ought reasonably to know, that the amount of the claim exceeds 12 ,
to an unreasonable extent in the circumstances of the claim, the amoun 13 t
actually payable to the person.'. 14
of new s 27 15
Insertion
Clause 17. After section 26-- 16
insert-- 17
for contracts entered into before Act amendment 18
`Security
`27.(1) A provision of this Act about a security for securing, wholly o 19
partly, the performance of a contract, does not apply to the security if th 20
contract was entered into before the commencement of this section. 21
`(2) To the extent that a contract is amended on or after th e
22
commencement of this section, the contract is taken not to have bee n
23
entered into before the commencement of this section.'. 24
25
© State of Queensland 1998
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