sec.181Enforcement by Magistrates Court

### sec.181 Enforcement by Magistrates Court Where, under a conviction or order of a reciprocating court made in the exercise of its summary jurisdiction, a fine is payable by a body corporate having or appearing to have property in Queensland, and the clerk of a Magistrates Court at or near to a place where the body corporate has or appears to have property receives a request in writing from the clerk or other corresponding officer of that reciprocating court for the enforcement of the conviction or order accompanied by— a certified copy of the conviction or order; and a certificate under the hand of the clerk or corresponding officer making the request certifying the amount of the fine outstanding under the conviction or order; the clerk shall— register the conviction or order in the Magistrates Court by filing in the court a certified copy of the conviction or order; and note the date of the registration on the copy. Upon the registration of a conviction or order under subsection (1) — the conviction or order shall for the purposes of this part be deemed to be a conviction or order of a Magistrates Court requiring payment by the body corporate of the amount of the fine stated in the certificate referred to in subsection (1) as outstanding; and the clerk shall for the purposes of this part issue a warrant of execution for the purpose of recovering the amount of the fine required to be paid by levying against the goods and chattels of the body corporate; and the warrant so issued shall be deemed to be a warrant of execution issued by a justice under this Act and the provisions of this Act shall, with all necessary adaptations, apply and extend accordingly with respect to the enforcement of that warrant. Where the clerk receives, subsequent to the request for the enforcement of the conviction or order, a notification from the clerk or other corresponding officer of the reciprocating court of payment by or on behalf of the body corporate of an amount in satisfaction in whole or in part of the amount of the fine outstanding, the clerk shall— note the particulars of such payment on the certified copy of the conviction or order filed in the court; and arrange for the return of the warrant issued pursuant to subsection (2) if it is unexecuted, and— withdraw it if the amount of the fine has been paid in full; or if part of the amount of the fine remains outstanding, amend the amount stated in the warrant to show the amount still outstanding, and thereafter the warrant shall be enforced in respect of such altered amount. A sum of money paid to or received by a clerk of a Magistrates Court in satisfaction in whole or in part of a fine payable under a conviction or order enforced under subsection (2) shall be remitted forthwith to the clerk or other corresponding officer of the reciprocating court by which the conviction or order was made. s 181 prev s 181 om 1899 63 Vic No. 9 s 3(2)sch 3 pres s 181 ins 1974 No. 25 s 14 (sec.181-ssec.1) Where, under a conviction or order of a reciprocating court made in the exercise of its summary jurisdiction, a fine is payable by a body corporate having or appearing to have property in Queensland, and the clerk of a Magistrates Court at or near to a place where the body corporate has or appears to have property receives a request in writing from the clerk or other corresponding officer of that reciprocating court for the enforcement of the conviction or order accompanied by— a certified copy of the conviction or order; and a certificate under the hand of the clerk or corresponding officer making the request certifying the amount of the fine outstanding under the conviction or order; the clerk shall— register the conviction or order in the Magistrates Court by filing in the court a certified copy of the conviction or order; and note the date of the registration on the copy. (sec.181-ssec.2) Upon the registration of a conviction or order under subsection (1) — the conviction or order shall for the purposes of this part be deemed to be a conviction or order of a Magistrates Court requiring payment by the body corporate of the amount of the fine stated in the certificate referred to in subsection (1) as outstanding; and the clerk shall for the purposes of this part issue a warrant of execution for the purpose of recovering the amount of the fine required to be paid by levying against the goods and chattels of the body corporate; and the warrant so issued shall be deemed to be a warrant of execution issued by a justice under this Act and the provisions of this Act shall, with all necessary adaptations, apply and extend accordingly with respect to the enforcement of that warrant. (sec.181-ssec.3) Where the clerk receives, subsequent to the request for the enforcement of the conviction or order, a notification from the clerk or other corresponding officer of the reciprocating court of payment by or on behalf of the body corporate of an amount in satisfaction in whole or in part of the amount of the fine outstanding, the clerk shall— note the particulars of such payment on the certified copy of the conviction or order filed in the court; and arrange for the return of the warrant issued pursuant to subsection (2) if it is unexecuted, and— withdraw it if the amount of the fine has been paid in full; or if part of the amount of the fine remains outstanding, amend the amount stated in the warrant to show the amount still outstanding, and thereafter the warrant shall be enforced in respect of such altered amount. (sec.181-ssec.4) A sum of money paid to or received by a clerk of a Magistrates Court in satisfaction in whole or in part of a fine payable under a conviction or order enforced under subsection (2) shall be remitted forthwith to the clerk or other corresponding officer of the reciprocating court by which the conviction or order was made. - (a) a certified copy of the conviction or order; and - (b) a certificate under the hand of the clerk or corresponding officer making the request certifying the amount of the fine outstanding under the conviction or order; - (c) register the conviction or order in the Magistrates Court by filing in the court a certified copy of the conviction or order; and - (d) note the date of the registration on the copy. - (a) the conviction or order shall for the purposes of this part be deemed to be a conviction or order of a Magistrates Court requiring payment by the body corporate of the amount of the fine stated in the certificate referred to in subsection (1) as outstanding; and - (b) the clerk shall for the purposes of this part issue a warrant of execution for the purpose of recovering the amount of the fine required to be paid by levying against the goods and chattels of the body corporate; and - (c) the warrant so issued shall be deemed to be a warrant of execution issued by a justice under this Act and the provisions of this Act shall, with all necessary adaptations, apply and extend accordingly with respect to the enforcement of that warrant. - (a) note the particulars of such payment on the certified copy of the conviction or order filed in the court; and - (b) arrange for the return of the warrant issued pursuant to subsection (2) if it is unexecuted, and— (i) withdraw it if the amount of the fine has been paid in full; or (ii) if part of the amount of the fine remains outstanding, amend the amount stated in the warrant to show the amount still outstanding, and thereafter the warrant shall be enforced in respect of such altered amount. - (i) withdraw it if the amount of the fine has been paid in full; or - (ii) if part of the amount of the fine remains outstanding, amend the amount stated in the warrant to show the amount still outstanding, and thereafter the warrant shall be enforced in respect of such altered amount. - (i) withdraw it if the amount of the fine has been paid in full; or - (ii) if part of the amount of the fine remains outstanding, amend the amount stated in the warrant to show the amount still outstanding, and thereafter the warrant shall be enforced in respect of such altered amount.