Queensland Consolidated Acts

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 106

106 Liability for costs of work to remedy default

(1) All costs, charges and expenses incurred by the Coordinator-General in or in connection with remedying a local body’s or approved person’s default pursuant to the authority conferred by a regulation made under section 104 (6) , including all sums borrowed for that purpose together with interest and charges in respect thereof, shall be paid by the local body or approved person in default and may be recovered from the local body or approved person as prescribed.

(2) All sums payable by a local body or approved person pursuant to subsection (1) are payable to the Treasurer and shall be paid to the Treasurer at such times and in such instalments as the Treasurer requires by order in writing given to the local body or approved person.

(3) In addition to any other method prescribed for the recovery of such moneys, there may be filed in the registry of the Supreme Court—

(a) a certificate by the Treasurer that the amount of costs, charges or expenses claimed in the Treasurer’s order given under subsection (2) as payable by the local body or approved person specified in the certificate is duly payable by the local body or approved person and that the local body or approved person has failed to comply with the order in the amount specified in the certificate; and

(b) a writing purporting to be a copy of an order of the Treasurer given under subsection (2) ;

whereupon the certificate so filed shall, in the absence of proof to the contrary, be conclusive evidence of the matters contained therein, and such steps and orders may be taken and made to enforce the order of the Treasurer so filed as if it were a judgment of the Supreme Court, duly entered, given against the local body or approved person to whom the Treasurer’s order is directed that orders the local body or approved person to pay to the Treasurer the amount shown in the said certificate as the amount in which the local body or approved person has failed to comply with the Treasurer’s order.