Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 95

95 State debts

(1) If the debt belonging to an enforcement debtor is from a public sector unit and payable out of the consolidated fund or money controlled by a public sector unit (a
"State debt" ), an application for an enforcement warrant and the enforcement warrant must name the chief executive, by title, of the public sector unit as the third person in whose hands the State debt is redirected.

(2) Subsection (1) applies despite the Crown Proceedings Act 1980 , section 8 .

Editor’s note—

Crown Proceedings Act 1980 , section 8 (1) —
‘8 Mode of proceeding

(1) Subject to this Act and any other Act or law, a claim by or against the Crown may be made and enforced by a proceeding by or against the Crown under the title the ‘State of Queensland’.’

(3) In this section—

"public sector unit" means any of the following—

(a) a department;

(b) a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) ;

(c) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose;

(d) a part of an entity mentioned in paragraph (a) , (b) or (c) .