Repayment and recovery of advance payments of fees and allowances (Act s. 5.102AB)
34AE Repayment and recovery of advance payments of fees and allowances (Act s. 5.102AB)
This regulation applies if —
a local government pays an annual allowance or annual fee under Part 5 Division 8 of the Act to a person in advance (either wholly or in part); and
before the end of the period (the relevant period) to which the advance payment relates —
the person ceases to hold the office to which the advance payment relates (otherwise than because of the death of the person); or
the person is suspended from the office to which the advance payment relates.
The person must repay to the local government an amount calculated as follows —
where —
R is the amount the person must repay;
A is the total amount of the advance payment;
D is the total number of days in the relevant period;
N is the number of whole days in the relevant period that the person holds, and is not suspended from, the office to which the advance payment relates.
The local government must take action to recover the amount that must be repaid under subregulation (2) as a debt due from the person to the local government.
[Regulation 34AE inserted: Gazette 14 Dec 2018 p. 4805‑6.]
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