NSWIn ForceAct
Local Government Act 1993
440MExpenses to be borne by council
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#### 440M Expenses to be borne by council
440M Expenses to be borne by council
> > (1) The Departmental Chief Executive may recover from a council the reasonable expenses incurred by or in respect of the Department in the conduct of an investigation into a councillor of the council under this Division.
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> > (2) The Departmental Chief Executive may make a determination of the amount of the expenses referred to in subsection (1) and serve a notice on the council requiring the amount so determined be paid in recovery of the Department’s expenses.
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> > (3) An amount equal to the expenses as so determined is payable to the Department as a debt by the council concerned, except as determined by the Departmental Chief Executive.
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> > (4) The council may apply to the Civil and Administrative Tribunal for an administrative review of whether any part of the expenses so determined are not reasonable expenses.
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> > (5) The Departmental Chief Executive must give effect to any decision of the Tribunal on an administrative review of the determination of the amount of the expenses.
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> > (6) A reference in this section to expenses incurred includes a reference to remuneration paid to departmental staff.
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> **s 440M:** Ins 2004 No 73, Sch 1 \[4\]. Subst 2012 No 94, Sch 1 \[12\]. Am 2013 No 95, Sch 2.91 \[14\] \[15\].