Australian Capital Territory Numbered Regulations

FINANCE REGULATIONS (NO. 8 OF 1989) - REG 78

        (a)     but for this subregulation, an officer would, under subsection 115 (1), (2), (4), (5) or (8) of the Ordinance, be under a liability to the Territory in respect of a prescribed incident; and

        (b)     particulars of mitigating circumstances that support a reduction in the amount of that liability (in this subregulation referred to as the “prescribed amount”)—

              (i)     are set out in a report submitted under subregulation 77 (14) in relation to the prescribed incident; or

              (ii)     are brought to the notice of a prescribed supervisor in relation to the officer;

the officer is liable to pay the Territory in respect of the prescribed incident so much only of the prescribed amount as is just and equitable having regard to the particulars referred to in paragraph (b).

(2) Where—

        (a)     but for this subregulation, an officer would, under subsection 115 (1), (2), (4), (5) or (8) of the Ordinance or under subregulation (1), be under a liability to the Territory in respect of a prescribed incident; and

        (b)     information contained in a report submitted under subregulation 77 (14) in relation to the prescribed incident, or otherwise obtained by a prescribed supervisor in relation to the officer, regarding the current and prospective income and expenditure, and the current and prospective assets and liabilities, of the officer discloses that it would be unreasonable to expect that the officer would, at any time, even if granted facilities of payment, be able to settle the amount of that liability (in this subregulation referred to as the “prescribed amount”);

the officer is liable to pay the Territory in respect of the prescribed incident so much only of the prescribed amount as is just and equitable having regard to the information referred to in paragraph (b).

Office prescribed for purposes of paragraph 121 (c)