Document ID: chunk:federal_register_of_legislation:C2004A02018:body:0:p51
Version: federal_register_of_legislation:C2004A02018
Segment Type: other
Provision Reference: 
Character Range: 126093–128690

a grossly negligent manner, causes or contributes to the loss, deficiency, destruction or damage is liable to pay to the Commonwealth an amount equal to—
      (a) in the case of a loss of, or deficiency in, public moneys—the amount of the loss or deficiency;
      (b) in the case of loss or destruction of property—the value of the property lost or destroyed; or
      (c) in the case of damage of property—the expense of repairing the damage to the property or the value of the property, whichever is the less.
"(2) Where the negligence or misconduct of an officer was not the sole cause of any loss of, or deficiency in, public moneys, or of any loss or destruction of, or damage to, other property of the Commonwealth, the officer is liable under sub-section (1) to pay to the Commonwealth so much only of the amount that would, but for this sub-section, be payable under sub-section (1) as is just and equitable having regard to the officer's share of responsibility for the loss, deficiency, destruction or damage.

 "(3) Without limiting the generality of sub-section (1), an officer may, under sub-section (4), (5) or (8), be under a liability to the Commonwealth 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, notwithstanding that he has not caused, or contributed to, the loss, deficiency, destruction or damage by his misconduct or by performing any of his duties in a grossly negligent manner.
"(4) Where there occurs a loss of, or deficiency in, public moneys held by an officer by way of an advance, the officer is, subject to sub-section (7) and to any regulations made under sub-section (12), liable to pay to the Commonwealth an amount equal to the amount of the loss or deficiency.
"(5) Where a loss of, or a deficiency in, public moneys occurs while the moneys are under the control of an accounting officer as provided by sub-section (6), the officer is, subject to sub-section (7) and to any regulations made under sub-section (12), liable to pay to the Commonwealth an amount equal to the amount of the loss or deficiency.

"(6) For the purpose of sub-section (5), public moneys shall be taken to be under the control of an accounting officer if the moneys have been collected or received by the accounting officer but have not been paid to another person, or to the credit of a bank account, as required by directions in force under this Act and applicable to those moneys.
"(7) An officer is not liable to pay an amount to the Commonwealth under sub-section (4) or (5) in respect