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ARTICLE · 24 NOVEMBER 2017

Project Bank Accounts (PBAs) - What does it mean and how will it work?

PBAs are trust accounts, intended to protect down the line subcontractors from the insolvency of up the line contractors.

AustraliaReal Estate and Construction

On 26 October 2017 the Queensland Parliament passed the Building Industry Fairness (Security of Payment) Act 2017 (Qld) ("Amendment Act"). It will commence on a date set by proclamation (which has not yet occurred).

In addition to various amendments to Queensland's security of payment legislation, the Amendment Act amends the Building and Construction Industry Payments Act 2004 (Qld) ("BCIPA") to introduce project bank accounts ("PBAs").

The Queensland Government has indicated that PBAs will be required from 1 January 2018 for projects where the principal is the State of Queensland (or a State authority which elects to opt in), so long as at least 50% of the contract price relates to the performance of building work1 and the contract price is more than $1 million but less than $10 million. The Government has indicated that PBAs will be rolled out more widely (i.e. for all building contracts with a contract price of more than $1 million) from 1 January 2019.

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