QLDIn ForceAct
Local Government Act 2009
sec.110Councillors liable for improper disbursements
Start here
Get a plain-English read of sec.110
Turn the raw legal text into a practical explanation grounded in Local Government Act 2009.
### sec.110 Councillors liable for improper disbursements
This section applies if—
a local government disburses local government funds in a financial year; and
the disbursement—
is not provided for in the local government’s budget for the financial year; and
is made without the approval of the local government by resolution.
The local government must, within 14 days after the disbursement is made, publish a notice of the disbursement—
on the local government’s website; and
in other ways the local government 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 local government—
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 local government in relation to the disbursement.
Those amounts may be recovered as a debt payable to the local government.
s 110 amd 2023 No. 30 s 32
(sec.110-ssec.1) This section applies if— a local government disburses local government funds in a financial year; and the disbursement— is not provided for in the local government’s budget for the financial year; and is made without the approval of the local government by resolution.
(sec.110-ssec.2) The local government must, within 14 days after the disbursement is made, publish a notice of the disbursement— on the local government’s website; and in other ways the local government considers appropriate.
(sec.110-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 local government— 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 local government in relation to the disbursement.
(sec.110-ssec.4) Those amounts may be recovered as a debt payable to the local government.
- (a) a local government disburses local government funds in a financial year; and
- (b) the disbursement— (i) is not provided for in the local government’s budget for the financial year; and (ii) is made without the approval of the local government by resolution.
- (i) is not provided for in the local government’s budget for the financial year; and
- (ii) is made without the approval of the local government by resolution.
- (i) is not provided for in the local government’s budget for the financial year; and
- (ii) is made without the approval of the local government by resolution.
- (a) on the local government’s website; and
- (b) in other ways the local government 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 local government in relation to the disbursement.