Document ID: chunk:federal_register_of_legislation:C2004A02018:body:0:p54
Version: federal_register_of_legislation:C2004A02018
Segment Type: other
Provision Reference: 
Character Range: 133259–135932

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 section, other than this power of delegation.
"(8) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Permanent Head.
"(9) A delegation under this section does not prevent the exercise of a power by the Permanent Head.

Recovery of amount
"70ad. (1) Subject to sub-section (3), where—
      (a) by virtue of a decision given by the Administrative Appeals Tribunal, a determination made by a Permanent Head under sub-section 70ac(1), or another determination that is, under sub-section 43(6) of the Administrative Appeals Tribunal Act 1975, to be deemed to be a determination so made is in force; and
      (b) the determination that is so in force contains an assessment of the amount that an officer is liable to pay 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,
the Commonwealth may recover from the officer, by action in a court of competent jurisdiction, an amount equal to the amount so assessed as a debt due by the officer to the Commonwealth.
"(2) Subject to sub-section (3), where—
      (a) the Administrative Appeals Tribunal, upon determining an application made to it for the review of a determination made by a Permanent Head under sub-section 70ac (1), has set aside that determination and remitted the matter for reconsideration in accordance with directions or recommendations of the Tribunal;
      (b) the matter has been reconsidered by a Permanent Head and there is in force a determination made by a Permanent Head, or another determination that is, under sub-section 43 (6) of the Administrative Appeals Tribunal Act 1975, to be deemed to be the determination made by a Permanent Head, upon the reconsideration of the matter; and
      (c) the determination that is so in force contains an assessment of the amount that an officer is liable to pay 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,
the Commonwealth may recover from the officer, by action in a court of competent jurisdiction, an amount 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