435Surcharging by Departmental Chief Executive

#### 435 Surcharging by Departmental Chief Executive 435 Surcharging by Departmental Chief Executive > > (1) If satisfied that any expenditure or transfer, or any entry in a council’s accounts, has been incurred or made in contravention of this or any other Act or of any regulation in force under this or any other Act, the Departmental Chief Executive may— > > > > > (a) disallow the expenditure, transfer or entry, and > > > > > (b) surcharge the amount of the disallowance on the councillor, the general manager or any other member of staff of the council by whom the expenditure, transfer or entry was incurred or made or ordered to be incurred or made. > > > (2) The Departmental Chief Executive may also surcharge on a councillor, the general manager or any other member of staff of the council the amount of— > > > > > (a) any deficiency or loss incurred by the council as a consequence of the negligence or misconduct of the councillor, general manager or member of staff, or > > > > > (b) any money which ought to have been, but has not been, brought into account by the councillor, general manager or member of staff. > > > (3) (Repealed) > > **s 435:** Am 2004 No 73, Sch 1 \[2\]; 2013 No 44, Sch 1 \[37\]–\[39\].