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LOCAL GOVERNMENT ACT 2009 - SECT 112
Councillors liable for improper borrowings
112 Councillors liable for improper borrowings
(1) This section applies if a local government borrows money— (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 .
(2) The councillors who
knowingly agree to borrow the money are jointly and severally liable to pay
the local government— (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.
(3) Those amounts may be recovered as a debt
payable to the local government.
(4) This section applies despite— (a) the
fact that a security was issued for the borrowing; or
(b) the
Statutory Bodies Financial Arrangements Act .
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