QLDIn ForceAct
Statutory Bodies Financial Arrangements Act 1982
sec.30Treasurer may take security held by person paid guarantee amount
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### sec.30 Treasurer may take security held by person paid guarantee amount
This section applies if—
a statutory body enters into a financial arrangement with a person under this Act or another Act and gives security to the person for the performance of the body’s obligations under the arrangement; and
the Treasurer, under a guarantee under a guarantee section for the financial arrangement, pays the person an amount payable by the body under the arrangement.
The Treasurer is entitled to the benefit of the security to the extent of the guarantee amount.
If the guarantee amount is the same as, or more than, the amount secured by the security—
the person must transfer and deliver the security to the Treasurer; and
the Treasurer may exercise all the powers conferred on the person by the security.
If the guarantee amount is less than the amount secured by the security, the person must, as directed by the Treasurer, realise the security and from the proceeds of the sale—
firstly, pay the costs and expenses of realising the security; and
secondly, pay to the person other amounts owing to the person under the financial arrangement; and
thirdly, pay the recovery amounts to the Treasurer; and
fourthly, pay any balance to the statutory body.
s 30 sub 1996 No. 54 s 8
amd 1997 No. 57 s 36
(sec.30-ssec.1) This section applies if— a statutory body enters into a financial arrangement with a person under this Act or another Act and gives security to the person for the performance of the body’s obligations under the arrangement; and the Treasurer, under a guarantee under a guarantee section for the financial arrangement, pays the person an amount payable by the body under the arrangement.
(sec.30-ssec.2) The Treasurer is entitled to the benefit of the security to the extent of the guarantee amount.
(sec.30-ssec.3) If the guarantee amount is the same as, or more than, the amount secured by the security— the person must transfer and deliver the security to the Treasurer; and the Treasurer may exercise all the powers conferred on the person by the security.
(sec.30-ssec.4) If the guarantee amount is less than the amount secured by the security, the person must, as directed by the Treasurer, realise the security and from the proceeds of the sale— firstly, pay the costs and expenses of realising the security; and secondly, pay to the person other amounts owing to the person under the financial arrangement; and thirdly, pay the recovery amounts to the Treasurer; and fourthly, pay any balance to the statutory body.
- (a) a statutory body enters into a financial arrangement with a person under this Act or another Act and gives security to the person for the performance of the body’s obligations under the arrangement; and
- (b) the Treasurer, under a guarantee under a guarantee section for the financial arrangement, pays the person an amount payable by the body under the arrangement.
- (a) the person must transfer and deliver the security to the Treasurer; and
- (b) the Treasurer may exercise all the powers conferred on the person by the security.
- (a) firstly, pay the costs and expenses of realising the security; and
- (b) secondly, pay to the person other amounts owing to the person under the financial arrangement; and
- (c) thirdly, pay the recovery amounts to the Treasurer; and
- (d) fourthly, pay any balance to the statutory body.