sec.152XRecovery of arrears

sec.152X Recovery of arrears

Where any amount relating to contributions remains unpaid at the expiration of the period specified for payment in a levy notice or a notice given under section 152W and proceedings for recovery of the amount have not been instituted or have not been completed by the local government in whose area the relevant prescribed property is situated, the commissioner may take action in a court of competent jurisdiction to recover that amount and interest on that amount. For subsection (1) , the rate of the interest is the percentage decided by the local government, under the City of Brisbane Act 2010 or the Local Government Act 2009 , in relation to an overdue rate for the period for which the amount remains unpaid. For the purpose of subsection (1) , the commissioner may take any action (including the selling of land) that a local government may take to recover unpaid rates and for that purpose— the amount outstanding is taken to be rates unpaid to a local government and, notwithstanding section 152P (3) , to be in priority to any rates made and levied in respect of the prescribed property by the local government in whose area the property is situated; and the commissioner is taken to be the mayor of that local government; and any document signed by the commissioner is as effective as it would be if signed by the mayor of that local government. Where a court makes an order against the owner of prescribed property for the recovery of any amount in an action referred to in subsection (1) , it may also make an order for the recovery of any other outstanding amount relating to contributions payable in respect of that property that has not been paid in accordance with notification given under this division. s 152X (prev s 123) amd 1995 No. 55 s 33 ; 1996 No. 42 s 21 sch 2 ; 1997 No. 52 s 11 ; 2001 No. 76 s 11 sch 2 ; 2008 No. 5 s 34 ; 2009 No. 17 s 331 sch 1 ; 2010 No. 23 s 352 sch 1 ; 2013 No. 28 s 51 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 60 (2) (sec.152X-ssec.1) Where any amount relating to contributions remains unpaid at the expiration of the period specified for payment in a levy notice or a notice given under section 152W and proceedings for recovery of the amount have not been instituted or have not been completed by the local government in whose area the relevant prescribed property is situated, the commissioner may take action in a court of competent jurisdiction to recover that amount and interest on that amount. (sec.152X-ssec.2) For subsection (1) , the rate of the interest is the percentage decided by the local government, under the City of Brisbane Act 2010 or the Local Government Act 2009 , in relation to an overdue rate for the period for which the amount remains unpaid. (sec.152X-ssec.3) For the purpose of subsection (1) , the commissioner may take any action (including the selling of land) that a local government may take to recover unpaid rates and for that purpose— the amount outstanding is taken to be rates unpaid to a local government and, notwithstanding section 152P (3) , to be in priority to any rates made and levied in respect of the prescribed property by the local government in whose area the property is situated; and the commissioner is taken to be the mayor of that local government; and any document signed by the commissioner is as effective as it would be if signed by the mayor of that local government. (sec.152X-ssec.4) Where a court makes an order against the owner of prescribed property for the recovery of any amount in an action referred to in subsection (1) , it may also make an order for the recovery of any other outstanding amount relating to contributions payable in respect of that property that has not been paid in accordance with notification given under this division.