QLDIn ForceAct
Supreme Court of Queensland Act 1991
sec.76Enforcement officer’s protection from liability
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### sec.76 Enforcement officer’s protection from liability
A proceeding in relation to an enforcement officer acting in that capacity must be started against ‘The Sheriff of Queensland’ and not against the enforcement officer.
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 enforcement officer unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as an enforcement officer.
s 76 prev s 76 om 1997 No. 38 s 132
pres s 76 ins 1998 No. 20 s 17
amd 2002 No. 34 s 67
sub 2011 No. 45 s 195
(sec.76-ssec.1) A proceeding in relation to an enforcement officer acting in that capacity must be started against ‘The Sheriff of Queensland’ and not against the enforcement officer.
(sec.76-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 enforcement officer unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as an enforcement officer.
- (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 enforcement officer unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as an enforcement officer.