QLDIn ForceAct
City of Brisbane Act 2010
sec.107Councillors liable for improper disbursements
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### sec.107 Councillors liable for improper disbursements
This section applies if—
the council disburses council funds in a financial year; and
the disbursement—
is not provided for in the council’s budget for the financial year; and
is made without the approval of the council by resolution.
The council must, within 14 days after the disbursement is made, publish a notice of the disbursement—
on the council’s website; and
in other ways the council considers appropriate.
If the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the council—
the amount of the disbursement; and
interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and
any fees, charges, penalties or other expenses incurred by the council in relation to the disbursement.
Those amounts may be recovered as a debt payable to the council.
s 107 amd 2023 No. 30 s 4
(sec.107-ssec.1) This section applies if— the council disburses council funds in a financial year; and the disbursement— is not provided for in the council’s budget for the financial year; and is made without the approval of the council by resolution.
(sec.107-ssec.2) The council must, within 14 days after the disbursement is made, publish a notice of the disbursement— on the council’s website; and in other ways the council considers appropriate.
(sec.107-ssec.3) If the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the council— the amount of the disbursement; and interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and any fees, charges, penalties or other expenses incurred by the council in relation to the disbursement.
(sec.107-ssec.4) Those amounts may be recovered as a debt payable to the council.
- (a) the council disburses council funds in a financial year; and
- (b) the disbursement— (i) is not provided for in the council’s budget for the financial year; and (ii) is made without the approval of the council by resolution.
- (i) is not provided for in the council’s budget for the financial year; and
- (ii) is made without the approval of the council by resolution.
- (i) is not provided for in the council’s budget for the financial year; and
- (ii) is made without the approval of the council by resolution.
- (a) on the council’s website; and
- (b) in other ways the council considers appropriate.
- (a) the amount of the disbursement; and
- (b) interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and
- (c) any fees, charges, penalties or other expenses incurred by the council in relation to the disbursement.