Queensland Consolidated Acts Queensland Consolidated Acts(1) A subcontractor who intends to claim a charge on money payable under the contract to the subcontractor's contractor or to a superior contractor--
(a) must give notice to the employer or superior contractor by whom the money is payable, specifying the amount and particulars of the claim certified as prescribed by a qualified person and stating that the subcontractor requires the employer or superior contractor, as the case may be, to take the necessary steps to see that it is paid or secured to the subcontractor; and
(aa) if a person other than the employer or superior contractor holds a security for the contract--must give notice in the approved form of having made the claim to the person holding the security; and
(b) must give notice of having made the claim to the contractor to whom the money is payable.
(1A) The claim is in respect of--
(a) money payable to the subcontractor at the date of the notice; and
(b) money to become payable to the subcontractor after the date of the notice for work done by the subcontractor prior to that date.
(1B) A notice of claim of charge must be supported by a statutory declaration of the subcontractor, or, if the subcontractor is a corporation, of an officer of the corporation, about the correctness of the claim, including the correctness of the amount of the claim.
(1C) The statutory declaration must be in the approved form.
(1D) To remove any doubt, it is declared that when a charge on money payable under a contract is claimed, the claim includes a charge on retention money.
(2) A notice of claim of charge may be given although the work is not completed or the time for payment of the money in respect of which the charge is claimed has not arrived, but if the work is completed must be given within 3 months after such completion.
(3) A notice of claim of charge in respect of retention money only may be given at any time while work under the contract mentioned in subsection (1) is being performed but must be given within 3 months after the expiration of the period of maintenance provided for by the contract and no later.
(4) If notice is not given pursuant to this section, the charge does not attach.
(4A) However, if the reason for a failure to give notice under this section is merely a failure to give a notice under subsection (1)(aa) to the holder of a security, the charge does not attach to the security, but otherwise attaches.
(5) A notice of claim of charge may be in the approved form, but the validity of the notice is not affected by any inaccuracy or want of form if the money sought to be charged and the amount of the claim can be ascertained with reasonable certainty from the notice.
(6) A claim--
(a) that is not certified as required under subsection (1)(a), and supported by a statutory declaration under subsection (1B); or
(b) that is supported by a certificate given by a person in contravention of section 10A(2);
is not a valid claim for the purposes of this section and a notice of claim of charge based on such a claim is of no force or effect.
(7) To remove any doubt, it is declared that a subcontractor may make 2 or more claims in relation to money payable or to become payable to the subcontractor for work done by the subcontractor under a subcontract.
(8) However--
(a) each claim must be about a separate and distinguishable item of the work done by the subcontractor under the subcontract; and
(b) there must not be more than 1 claim about any 1 item.
(9) In this section--
officer, of a corporation, means--
(a) if the corporation is a corporation under the Corporations Act 2001 (Cwlth)--a person who, under that Act, is an officer of the corporation; or
(b) otherwise--a person, by whatever name called, who is concerned, or takes part, in the management of the corporation.