Commonwealth Consolidated Acts

FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997 - SECT 15

             (1)  If:

                     (a)  a loss of public money occurs; and

                     (b)  at the time of the loss, an official or Minister had nominal custody of the money as described in subsection (2);

the official or Minister is liable to pay to the Commonwealth an amount equal to the loss. However, it is a defence if the person proves that he or she took reasonable steps in all the circumstances to prevent the loss.

             (2)  A person has nominal custody of public money if:

                     (a)  the person holds the money by way of a petty cash advance, "change float" or other advance; or

                     (b)  the person has received the money, but has not yet dealt with it as required by section 10.

             (3)  If:

                     (a)  a loss of public money occurs; and

                     (b)  an official or Minister caused or contributed to the loss by misconduct, or by a deliberate or serious disregard of reasonable standards of care;

the official or Minister is liable to pay to the Commonwealth an amount equal to the loss. However, if the person's misconduct or disregard was not the sole cause of the loss, the person is liable to pay only so much of the loss as is just and equitable having regard to the person's share of the responsibility for the loss.

             (4)  A person's liability under this section that arises when the person is an official or Minister is not avoided merely because the person ceases to be an official or Minister.

             (5)  An amount payable to the Commonwealth under this section is recoverable as a debt in a court of competent jurisdiction.

             (6)  The Commonwealth is not entitled to recover amounts from the same person under both subsections (1) and (3) for the same loss.

             (7)  In this section:

"loss" includes a deficiency.