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❓ Hon. Kate Doust questions the Minister for Finance regarding the implementation of recommendations from the Small Business Commissioner's report on construction subcontractors, specifically concerning payment withholding and protection from liquidators. The Minister confirms support for all recommendations and indicates implementation planning is progressing.

AnsweredQoN 262Legislative Council

Asked

13 August 2013

Member

Hon Kate Doust

Portfolio

Finance

QuestionView source ↗

I refer the Minister to the Small Business Commissioner’s report into the Construction Subcontractor Investigation, page 56, and I ask will the Minister legislate to ensure the adoption of a more robust use of AS2124-1992 Clause 43 provisions to withhold payments and obtain its own legal advice in respect of: (a) whether payments withheld under clause 43 may be held as funds of a stakeholder or as an equitable set-off; and (b) options available at law to protect payments to subcontractors from being treated as preferential payments by liquidators?

AnswerView source ↗

Answered

15 October 2013

Responded by

Leader of the House representing the Minister for Finance

Response time

63 days

(a)-(b) Government supports all of the recommendations of the Report and they will be implemented. Planning for the implementation of the longer term recommendations is well progressed and will be completed shortly.

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