Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 391

391 Distress warrant levied on property of mortgagor or mortgagee

(1) A warrant of distress issued to enforce an order for payment of an employee’s wages for work performed in connection with property mentioned in section 390 (1) , as far as the land, crop, machinery or stock is concerned—

(a) authorises distress on and sale of the mortgagee’s property and the mortgagor’s property; and

(b) may be executed on the mortgaged land or the encumbered crop, machinery, or stock even though the mortgagee has entered into or taken possession of the land, crop, machinery or stock, or is taken to have done so, under the mortgagee’s security.

(2) An amount paid by, or recovered from, the mortgagee for the wages—

(a) is taken to be an advance made by the mortgagee to the mortgagor under the mortgagee’s security; and

(b) may be recovered by the mortgagee under the security.

(3) In this section—

"land" includes the fixtures on the land.