Queensland Consolidated Acts Queensland Consolidated Acts(1) When an application is made for a determination under section 86, the civil penalty to which the application relates is stayed pending the disposal of the application by the court.
(2) For the purposes of staying any such civil penalty, the application operates as an interim determination of the court in the terms sought by the applicant pending its disposal by the court.
(3) When the application is disposed of by the court, the interim determination under this section ceases to have effect and (unless a determination in the same terms is made by the court) is taken never to have had effect.
(4) The court may, before disposing of the application give the applicant such directions as it considers appropriate to protect the interests of the debtor concerned, including directions relating to the enforcement of the debtor's obligations under the contract or to the payment of all or any of the amounts concerned into a trust account.
(5) This section does not apply to an application for a determination if--
(a) the determination can not be made by the court under section 86; or
(b) the court excludes the application from the operation of this section because a direction under subsection (4) has not been complied with or for any other reason.
(6) For the purposes of this section, a reference to the disposal of an application includes a reference to the withdrawal of the application by the applicant.
(7) In this section--
civil penalty means a penalty which is imposed on a credit provider by the operation of this Act and under which the debtor is not liable to pay to the credit provider an amount otherwise payable under a regulated contract.