Queensland Consolidated Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 61

61 Recovery of rail safety investigation fees

(1) A rail safety investigation fee payable under section 59 is a debt due to the State and may be recovered—

(a) in summary proceedings under the Justices Act 1886 ; or

(b) by action for a debt in a court with jurisdiction for the recovery of the amount claimed.

(2) A rail safety investigation fee payable under section 59 may also be recovered in a proceeding for an offence against this Act or the national law.

(3) An order made under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.

(4) An order made under subsection (2) —

(a) may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 ; and

(b) on being filed, is taken to be an order made by a Magistrates Court constituted under that Act and may be enforced accordingly.

(5) Before taking any steps under this section to recover a rail safety investigation fee payable under section 59 by an accredited person, the chief executive must give the person a written notice stating—

(a) the amount the chief executive seeks to recover; and

(b) that, if the accredited person does not pay the amount, or enter into an arrangement to pay the amount, on or before the date specified in the notice, the chief executive may take steps to recover the amount.