Local Government (Administration) Regulations 1996

Subregulations (2) and (3) apply, for the purposes of section 8A.25(4)(b), if the advance payment paid to the person (the sanctioned person) relates to a period that —

is the same as the period specified in the order under section 8A.25(1)(b)(v); or

includes the whole or a part of that specified period.

The CEO must determine the proportion of the advance payment (which could be nil or 100% or another proportion) that represents fees and allowances that the sanctioned person is not entitled to be paid under the sanction (taking into account any provision included in the order under section 8A.25(4)(a)).

The sanctioned person must repay to the local government an amount equal to the proportion of the advance payment determined by the CEO under subregulation (2).

For the purposes of section 8A.25(5), the local government must take action to recover the amount that must be repaid under subregulation (3) as a debt due from the sanctioned person to the local government.