321Imposition of a surcharge

321 Imposition of a surcharge (1) This section applies if section 43 does not apply and the Secretary considers that— (a) any expenditure has been incurred in contravention of any Act, regulation or local law; or (b) any deficiency or loss has been incurred by the unauthorised or improper action of a Councillor; or (c) any money which should have been brought into account has not been brought into account. (2) The Secretary may by notice in writing require the Councillor to show cause why the Councillor should not be surcharged. (3) The surcharge must not exceed the amount of the expenditure, deficiency or loss or the amount which has not been brought into account. (4) If the Councillor does not show cause to the satisfaction of the Secretary, the Secretary may by notice in writing impose the surcharge. (5) A Councillor whose interests are affected by a decision of the Secretary imposing a surcharge may apply to VCAT for review of the decision. (6) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.