QLDIn ForceAct
Local Government Act 2009
sec.112Councillors liable for improper borrowings
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### sec.112 Councillors liable for improper borrowings
This section applies if a local government borrows money—
for a purpose that is not for the good rule and government of the local government area; or
in contravention of this Act or the Statutory Bodies Financial Arrangements Act .
The councillors who knowingly agree to borrow the money are jointly and severally liable to pay the local government—
the amount borrowed; and
interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and
any fees, charges, penalties or other expenses incurred by the local government in relation to the borrowing.
Those amounts may be recovered as a debt payable to the local government.
This section applies despite—
the fact that a security was issued for the borrowing; or
the Statutory Bodies Financial Arrangements Act .
(sec.112-ssec.1) This section applies if a local government borrows money— for a purpose that is not for the good rule and government of the local government area; or in contravention of this Act or the Statutory Bodies Financial Arrangements Act .
(sec.112-ssec.2) The councillors who knowingly agree to borrow the money are jointly and severally liable to pay the local government— the amount borrowed; and interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and any fees, charges, penalties or other expenses incurred by the local government in relation to the borrowing.
(sec.112-ssec.3) Those amounts may be recovered as a debt payable to the local government.
(sec.112-ssec.4) This section applies despite— the fact that a security was issued for the borrowing; or the Statutory Bodies Financial Arrangements Act .
- (a) for a purpose that is not for the good rule and government of the local government area; or
- (b) in contravention of this Act or the Statutory Bodies Financial Arrangements Act .
- (a) the amount borrowed; and
- (b) interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and
- (c) any fees, charges, penalties or other expenses incurred by the local government in relation to the borrowing.
- (a) the fact that a security was issued for the borrowing; or
- (b) the Statutory Bodies Financial Arrangements Act .