126DReduction of liability

126D Reduction of liability

(1) Where:

(a) but for this subregulation, an officer would, under subsection 70AB (1), (2), (4), (5) or (8) of the Act, be under a liability to the Commonwealth 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 126C (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 Commonwealth 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 70AB (1), (2), (4), (5) or (8) of the Act or under subregulation (1), be under a liability to the Commonwealth in respect of a prescribed incident; and

(b) information contained in a report submitted under subregulation 126C (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 to the Commonwealth 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).