Commonwealth Numbered Acts

PUBLIC SERVICE AND STATUTORY AUTHORITIES AMENDMENT ACT 1980 No. 177, 1980 - SECT 31

31. Section 68E of the Principal Act is repealed and the following section
substituted: Liability of officers in respect of excess recreation leave in
certain cases

"68E. (1) Where a person, being an officer to whom section 68A applied
immediately before the commencement of this section, has been granted leave of
absence for recreation by virtue of, or in anticipation of, a recreation leave
credit that accrued to him on 1 January in the year in which he ceases to be
an officer, and the period of that leave exceeds that credit as deemed to have
been reduced in accordance with determinations in force under sub-section 9
(7A) or section 82D-

   (a)  if the officer has received salary in respect of any part of that
        period of leave that is included in the excess-the Commonwealth is
        entitled to recover from the person, as a debt due by him to the
        Commonwealth, the amount of that salary; and

   (b)  if the officer has not received salary in respect of any part of that
        period of leave that is included in the excess-salary is not payable
        to the officer in respect of that part of that period of leave.



"(2) Paragraph (1) (a) does not apply in relation to an officer who ceases to
be an officer by reason of his death.



"(3) A reference in sub-section (1) to a recreation leave credit shall be read
as including a reference to an addition to a recreation leave credit.



"(4) A determination made under sub-section 9 (7A) or section 82D may provide
that allowances of a specified kind, or such portions of allowances of a
specified kind as are ascertained in accordance with the determination, are to
be included in salary for the purposes of this section.".