sec.73Recovery of moneys

### sec.73 Recovery of moneys Subsection (2) applies if a loss of or deficiency in either of the following occurs— public moneys that have been advanced to an officer or employee of a department; public moneys or non-public moneys while the moneys are under the control of an officer or employee of a department. The loss or deficiency is a debt due to the State and may be recovered from the officer or employee by action in a court of competent jurisdiction. It is a defence to an action for the recovery of moneys from an officer or employee (a person ) under subsection (2) if the person proves that the loss or deficiency was not caused or contributed to by a failure by the person to fulfil any of the person’s duties in relation to the moneys including the person’s duties under the prescribed requirements. For this section, public moneys or non-public moneys are taken to be under the control of an officer or employee of a department if the moneys— have been received by or have come into the custody of the officer or employee; and have not been paid to another person or to the credit of an account at a financial institution as required by the prescribed requirements. In this section, a reference to an officer or employee of a department includes a reference to a person who has been an officer or employee of the department. (sec.73-ssec.1) Subsection (2) applies if a loss of or deficiency in either of the following occurs— public moneys that have been advanced to an officer or employee of a department; public moneys or non-public moneys while the moneys are under the control of an officer or employee of a department. (sec.73-ssec.2) The loss or deficiency is a debt due to the State and may be recovered from the officer or employee by action in a court of competent jurisdiction. (sec.73-ssec.3) It is a defence to an action for the recovery of moneys from an officer or employee (a person ) under subsection (2) if the person proves that the loss or deficiency was not caused or contributed to by a failure by the person to fulfil any of the person’s duties in relation to the moneys including the person’s duties under the prescribed requirements. (sec.73-ssec.4) For this section, public moneys or non-public moneys are taken to be under the control of an officer or employee of a department if the moneys— have been received by or have come into the custody of the officer or employee; and have not been paid to another person or to the credit of an account at a financial institution as required by the prescribed requirements. (sec.73-ssec.5) In this section, a reference to an officer or employee of a department includes a reference to a person who has been an officer or employee of the department. - (a) public moneys that have been advanced to an officer or employee of a department; - (b) public moneys or non-public moneys while the moneys are under the control of an officer or employee of a department. - (a) have been received by or have come into the custody of the officer or employee; and - (b) have not been paid to another person or to the credit of an account at a financial institution as required by the prescribed requirements.