Document ID: chunk:federal_register_of_legislation:C2004A02018:body:0:p55
Version: federal_register_of_legislation:C2004A02018
Segment Type: other
Provision Reference: 
Character Range: 135719–138356

equal to the amount so assessed as a debt due by the officer to the Commonwealth.
"(3) Proceedings shall not be instituted in a court under sub-section (1) or (2) in relation to a loss of, or deficiency in, public moneys, or the loss or destruction of, or damage to, other property of the Commonwealth—
      (a) unless the time for appealing to the Federal Court of Australia from the decision of the Administrative Appeals Tribunal in relation to the loss, deficiency, destruction or damage has expired; or
      (b) if such an appeal has been instituted—unless the appeal has been determined or withdrawn.

"(4) Nothing in section 70ac or in sub-sections 70ad(1), (2) or (3) shall be taken to affect the right of the Commonwealth to recover from an officer who does not make application to the Administrative Appeals Tribunal for review of the determination made by the Permanent Head 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, by action in a court of competent jurisdiction, the amount that the officer is liable, under section 70ab, to pay to the Commonwealth in respect of the loss, deficiency, destruction or damage whether or not the officer has given a notification under sub-section 70ac(5).

Burden of proof
"70ae. The burden of satisfying a court, the Administrative Appeals Tribunal, a Permanent Head or the delegate of a Permanent Head that, by reason of the provisions of sub-section 70ab(7) or (9) a person is not liable to pay an amount to the Commonwealth that he would otherwise be liable to pay lies on the person who alleges that he is not so liable.

Persons not liable twice in respect of same loss, &c.
"70af. (1) Section 70ab shall not be taken to affect any right of the Commonwealth to recover an amount from an officer otherwise than under this Part, but the Commonwealth shall not recover amounts from the one officer both under this Part and otherwise than under this Part in respect of the same loss, deficiency, destruction or damage.
"(2) The Commonwealth shall not recover an amount from an officer both under section 70ab and under sub-section 70ad(1) or (2) in respect of the same loss, deficiency, destruction or damage.
"(3) Subject to sub-section (4), it is not competent for the Commonwealth to commence, or continue, legal proceedings against a person in respect of his liability for a loss of, or deficiency in, public moneys, or the loss or destruction of, or damage to, other property of the Commonwealth, after he has paid to the Commonwealth, in respect of that liability, an amount equal to the