Queensland Consolidated Acts

APPEAL COSTS FUND ACT 1973 - SECT 20

(1) An indemnity certificate granted to a respondent in respect of an appeal has no force or effect—

(a) where a time is limited for appealing against the decision in the appeal—during the time limited for appealing against that decision; and

(b) where an appeal lies against the decision in the appeal but no time is limited—until an application for leave to appeal against the decision in the appeal is determined and where leave is granted, the appeal is instituted, or until the respondent lodges with the board an undertaking in writing by the respondent that he or she will not seek leave to appeal or appeal against the decision in the appeal, whichever first happens; and

(c) notwithstanding this subsection where the decision in the appeal is the subject of an appeal—during the pendency of the last mentioned appeal.

(2) An indemnity certificate granted to an appellant in respect of an appeal has no force or effect—

(a) where a time is limited for appealing against a decision in the appeal—during the time limited for appealing against that decision; and

(b) where an appeal lies against the decision in the appeal but no time is limited—until an application for leave to appeal against the decision in the appeal is determined, and where leave is granted, the appeal is instituted, or until the expiration of 3 months from the determination of the appeal, whichever first happens; and

(c) notwithstanding this subsection where the decision in the appeal is the subject of an appeal—during the pendency of the last mentioned appeal.

(3) Where the appeal and any later appeal form a sequence of appeals and the indemnity certificate has not been vacated under section 19, a reference in this section to the decision in the appeal shall be construed as including a reference to the decision in any later appeal, and a reference to the pendency of the appeal shall be construed as including a reference to the pendency of any later appeal.

(4) Where an undertaking has been given by a respondent under this section and thereafter the respondent seeks leave to appeal or appeals against the decision to which the undertaking relates, the respondent shall, upon demand made by the board, pay to the board any amount paid to the respondent, or on the respondent's behalf, under the indemnity certificate and in default of payment the amount concerned may be recovered by the board from the respondent as a debt by action in a court of competent jurisdiction.

(5) Where any money is paid to an appellant, or on the appellant's behalf, by the board in respect of an appeal and thereafter the appellant is a party in a successful appeal against that decision the appellant shall, upon demand made by the board, pay to the board any amount paid to the appellant, or on the appellant's behalf, under the indemnity certificate and in default of payment the amount concerned may be recovered by the board from the appellant as a debt by action in a court of competent jurisdiction.

(6) Any amount paid to or recovered by the board under subsections (4) and (5) shall be paid into the fund.

(7) Nothing in this section affects the operation of section 19.