Document ID: chunk:federal_register_of_legislation:C2004A02018:body:0:p52
Version: federal_register_of_legislation:C2004A02018
Segment Type: other
Provision Reference: 
Character Range: 128472–131031

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 of a loss of, or deficiency in, public moneys held by, or under the control of, the officer if the loss or deficiency occurred notwithstanding that the officer had taken such steps as it was reasonable, in all the circumstances, for him to take to prevent any loss of the moneys, or the occurrence of any deficiency in the moneys, as the case may be.
"(8) Where—
      (a) the loss or destruction of, or damage to, property of the Commonwealth occurs while the property is under the control of an officer as provided by sub-section (10); and
      (b) when the property was delivered to the officer, the officer was informed, in writing, and acknowledged, in writing, that the property was delivered to him on the express condition that he would, at all times, take strict care of the property,
the officer is, subject to sub-section (9) and to any regulations made under sub-section (12), liable to pay to the Commonwealth an amount equal to—
      (c) in the case of the loss or destruction of the property—the value of the property; or
      (d) in the case of damage to property—the expense of repairing the damage to the property or the value of the property, whichever is the less.
"(9) An officer is not liable to pay an amount to the Commonwealth under sub-section (8) in respect of the loss or destruction of, or damage to, property of the Commonwealth if the loss, destruction or damage occurred notwithstanding that the officer had taken such steps as it was reasonable, in all the circumstances, for him to take to prevent the loss or destruction of, or damage to, the property, as the case may be.
"(10) For the purpose of sub-section (8), property of the Commonwealth shall be taken to be under the control of an officer if the property has been delivered to the officer and has not been returned to the person entitled to receive the property on behalf of the Commonwealth.
"(11) The Commonwealth is not entitled to recover amounts from the one officer under 2 or more sub-sections of this section in respect of the same loss, deficiency, destruction or damage.
"(12) The regulations may make provision for and 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,