QLDIn ForceAct
District Court of Queensland Act 1967
sec.47Bailiff’s protection from liability
Start here
Get a plain-English read of sec.47
Turn the raw legal text into a practical explanation grounded in District Court of Queensland Act 1967.
### sec.47 Bailiff’s protection from liability
A proceeding in relation to a bailiff acting in that capacity must be started against ‘The Sheriff of Queensland’ and not against the bailiff.
If a money order is made against The Sheriff of Queensland in a proceeding mentioned in subsection (1) —
the money order debt must be paid by the Treasurer out of the consolidated fund; and
the State may recover the money order debt from the relevant bailiff unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as a bailiff.
In this section—
money order means an order, or part of an order, for the payment of money, including an amount for damages, whether or not the amount is or includes an amount for interest or costs.
money order debt means the amount of money payable under a money order.
s 47 prev s 47 om 2000 No. 5 s 373 sch 3
pres s 47 ins 2011 No. 45 s 132
hdg prec s 48 om 1994 No. 87 s 3 sch 2
(sec.47-ssec.1) A proceeding in relation to a bailiff acting in that capacity must be started against ‘The Sheriff of Queensland’ and not against the bailiff.
(sec.47-ssec.2) If a money order is made against The Sheriff of Queensland in a proceeding mentioned in subsection (1) — the money order debt must be paid by the Treasurer out of the consolidated fund; and the State may recover the money order debt from the relevant bailiff unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as a bailiff.
(sec.47-ssec.3) In this section— money order means an order, or part of an order, for the payment of money, including an amount for damages, whether or not the amount is or includes an amount for interest or costs. money order debt means the amount of money payable under a money order.
- (a) the money order debt must be paid by the Treasurer out of the consolidated fund; and
- (b) the State may recover the money order debt from the relevant bailiff unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as a bailiff.