State Debt Recovery Act 2018
48Chief Commissioner may obtain judgment for referable debt
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48 Chief Commissioner may obtain judgment for referable debt
48 Chief Commissioner may obtain judgment for referable debt
(1) The Chief Commissioner may take proceedings in a court of competent jurisdiction to recover a referable debt that has been referred to the Chief Commissioner as a debt owed to the Chief Commissioner.
(2) If the Chief Commissioner obtains judgment for the debt, the Chief Commissioner may—
(a) make a debt recovery order for the amount for which judgment was obtained (including any costs payable under the judgment), and
(b) take debt recovery action under that order in respect of the amount in the circumstances authorised by this Act.
(3) If the Chief Commissioner makes a debt recovery order in respect of the debt, the Chief Commissioner cannot take action for the enforcement of the judgment under Part 8 of the Civil Procedure Act 2005 unless the debt recovery order is revoked.
(4) Subsection (3) does not limit the Chief Commissioner’s functions under Part 6.