Document ID: chunk:federal_register_of_legislation:C2004A02018:body:0:p53
Version: federal_register_of_legislation:C2004A02018
Segment Type: other
Provision Reference: 
Character Range: 130817–133490

in relation to the reduction of the amount that would otherwise be the amount of the liability of a person under this section in respect of a loss of, or deficiency in, public moneys, or the loss or destruction of, or damage to, other property of the Commonwealth.

Permanent Head to take action in respect of losses, &c.
"70ac. (1) Where the Permanent Head of an officer is satisfied that a loss of, or deficiency in, public moneys, or the loss or destruction of, or damage to, other property of the Commonwealth, occurred in such circumstances as to render the officer liable under section 70ab to pay an amount to the Commonwealth in respect of the loss, deficiency, destruction or damage, the Permanent Head shall determine, in writing, that the loss, deficiency, destruction or damage so occurred and his assessment of the amount that the officer is liable to pay to the Commonwealth under this Part in respect of the loss, deficiency, destruction or damage.
"(2) Where, under the regulations, an investigation is required to be held into a loss of, or deficiency in, public moneys, or into the loss or destruction of, or damage to, other property of the Commonwealth, the Permanent Head shall not make a determination under sub-section (1) in respect of the loss, deficiency, destruction or damage unless the investigation has been completed and he has given consideration to a report of the results of the investigation.
"(3) A Permanent Head shall cause a copy of a determination made by him under sub-section (1) to be delivered to the officer concerned.
"(4) Application may be made to the Administrative Appeals Tribunal for a review of a determination made by a Permanent Head under sub-section (1).

"(5) An officer to whom a copy of a determination has been delivered in accordance with sub-section (3)—
      (a) may, if he has not made application to the Administrative Appeals Tribunal for review of the determination, notify the Permanent Head, in writing, that he wishes his liability (if any), or the amount of his liability, or both, in respect of the loss, deficiency, destruction or damage to be determined by a court; and
      (b) shall not, after he has so notified the Permanent Head, make application to the Administrative Appeals Tribunal for review of the determination.
"(6) Sub-section (1) does not authorize the making of a determination with respect to the liability of a person who was an officer when the liability was incurred but is no longer an officer.
"(7) A Permanent Head may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer any of his powers under this