Queensland Consolidated Acts

PEACE AND GOOD BEHAVIOUR ACT 1982 - SECT 74

74 Recovery of paid compensation from responsible person

(1) This section applies if—

(a) an owner mentioned in section 73 has made a claim against the State under that section; and

(b) the State has paid the owner an amount for the claim.

(2) The State may recover the amount from any responsible person as a debt.

(3) However, any net proceed from the relevant fortification that has not already been set off under section 72 (3) must be set off against the amount.

(4) For this section it does not matter—

(a) whether the amount was paid because of a judgment in a proceeding for the claim or under a compromise of the claim; or

(b) that the responsible person was not a party to the proceeding or compromise.