Queensland Consolidated Acts Queensland Consolidated Acts(1) Where an order that requires the payment of money has been made by a small claims tribunal and is unsatisfied, whether or not it is to be deemed pursuant to section 22 to be a judgment duly made by a Magistrates Court, the person in whose favour the order operates may, in the prescribed form, apply to a small claims tribunal ex parte for an order that the person required by the order to pay money or, where that person is a body corporate or an entity other than a natural person, an officer, employee or agent thereof be orally examined as to whether any and what debts are owing to the person required by the order to pay money and whether that person has any and what property or means of satisfying the order.
(2) The small claims tribunal to which application is made under subsection (1) may make an order for the attendance and examination before a referee or registrar in accordance with this section of the person required by the order to pay money or, as the case may be, such officer, employee or agent and for the production by the officer, employee or agent of relevant books, deeds, papers or writings.
(3) The following provisions apply in relation to an application made under subsection (1) and an examination ordered to be taken--
(a) where an application is made under subsection (1) at a place other than where the order for the payment of money was made a copy of the order shall be filed with the application;
(b) costs payable in respect of the filing, issue or service of any document for the purposes of the application or examination and the expenses of executing any warrant, subpoena or other process issued in connection therewith shall be paid from moneys appropriated by Parliament for the purposes of the department and from no other source;
(c) an examination--
(i) shall be taken at a place where small claims tribunals are ordinarily constituted at or near the place where the person required by the order to pay money ordinarily resides or carries on business or has a principal place of business; and
(ii) shall be taken before a referee or registrar;
(d) the registrar must give the applicant a transcript of the evidence taken on the examination;
(e) except as provided in paragraph (b), expenses incurred by or on account of an applicant or a person to be examined or required by an order to pay money shall be borne by the applicant, or as the case may be, that person;
(f) upon an examination no costs shall be allowed to or against an applicant or any person examined or required by an order to pay money;
(h) if a person required to attend an examination attends an examination and without lawful excuse--
(i) refuses to be sworn; or
(ii) refuses to disclose whether any and what debts are owing to the person required by an order of the small claims tribunal to pay money and whether that person has any and what property or means of satisfying the order;
the person must be dealt with under subsection (3A)(a), if the examination is before a referee, or under subsections (3B)(b) and (3D), if the examination is before a registrar.
(3A) For the purposes of an examination of a person before a referee--
(a) sections 33, 38 and 39 apply in relation to the examination as if the examination were the taking of a proceeding by a small claims tribunal in relation to a claim properly referred to it; and
(b) if subsection (3)(h) applies--
(i) the referee may summarily convict the person of contempt; and
(ii) section 38(2), (3) and (4) apply as if the person had been convicted under section 38(1) and as if the examination were the taking of a proceeding by a small claims tribunal in relation to a claim properly referred to it.
(3B) For the purposes of an examination of a person before a registrar--
(a) sections 33 and 39 apply to the examination as if--
(i) the examination were the taking of a proceeding by a small claims tribunal in relation to a claim properly referred to it; and
(ii) a reference in the sections to a referee were a reference to the registrar; and
(b) if subsection (3)(h) applies, the registrar may adjourn the matter and certify the contempt in writing to the small claims tribunal.
(3C) A certificate of contempt by a registrar is evidence of the matters in the certificate.
(3D) A contempt certified by a registrar must be dealt with by a small claims tribunal and, for that purpose, the tribunal may act under section 38 as if the contempt were contempt in the face of a tribunal constituted by a referee.
(4) The regulations may provide, consistently with subsection (3), for all matters necessary or desirable for the effectual exercise of the jurisdiction conferred by this section including the issue and execution of warrants and other process to secure compliance with orders made by a small claims tribunal or a referee.
(5) Where an order to pay money made by a small claims tribunal is to be deemed, pursuant to section 22, to be a judgment duly made by a Magistrates Court, the procedure provided for by this section is in addition to any remedy provided for by the Uniform Civil Procedure Rules 1999.
(6) However, in such a case a person's affairs shall not be subjected to an examination as a result of an application made under this section and as a result of an application made independently of this section.