Enforcement of orders for payment
61C Enforcement of orders for payment
Where:
under subsection 39FA(6), 39FB(3), section 61AJA or subsection 61B(5) or (5A), a court orders a person to pay an amount; and
the court has civil jurisdiction to the extent of the amount;
the order is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.
Where:
under subsection 39FA(6), 39FB(3), section 61AJA or subsection 61B(5) or (5A), a court orders a person to pay an amount; and
the court:
does not have civil jurisdiction; or
has civil jurisdiction, but does not have civil jurisdiction to the extent of the amount;
a proper officer of the court shall issue to the Minister a certificate in the prescribed form containing the prescribed particulars.
The certificate may, in a prescribed manner and subject to the prescribed conditions (if any), be registered in a court having civil jurisdiction to the extent of the amount ordered to be paid to the Commonwealth.
Upon registration under subsection (3), the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.
The cost of registration of the certificate and other proceedings under this section shall, subject to the prescribed conditions (if any), be deemed to be payable under the certificate.
This provision refers to the regulations (prescribed form
, prescribed particulars
, prescribed manner
). Made under this Act:
- Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004 · Legislative Instrument · under s 31
- Shoalwater Bay (Dugong) Plan of Management 1997 · Legislative Instrument · under Part VB
- Whitsundays Plan of Management 1998 · Legislative Instrument · under Pt VB
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.