- Laws of Fiji

Last Updated: 1 April 2022

[FM 71] Recovery of surcharge71

(1) The amount of any surcharge imposed under this Division is recoverable as a debt due to the State from the surcharged person.

(2) The responsible authority for a budget sector agency is responsible for—

(a)the recovery of any loss from a surcharged person when the surcharged person dies, retires or is terminated from employment; and
(b)informing the surcharging authority of the action taken.

[subs (2) insrt Act 34 of 2021 s 32, effective 1 April 2022]

(3) The permanent secretary responsible for finance must have an agreement with budget sector agencies to enforce the recovery of the amount of the surcharge due in the event the surcharged person resigns, retires or is terminated.

[subs (3) insrt Act 34 of 2021 s 32, effective 1 April 2022]

(4) The amount of any surcharge made under section 68 may, subject to section 69, be recovered before a court or tribunal of competent jurisdiction by the surcharging authority or any person authorised to act for the Government.

[subs (4) insrt Act 34 of 2021 s 32, effective 1 April 2022]

(5) Nothing in this Division prevents the Government from recovering any loss through civil proceedings.

[subs (5) insrt Act 34 of 2021 s 32, effective 1 April 2022]

(6) In any action for the recovery of a loss, a certificate signed by the surcharging authority stating the amount of the loss is conclusive evidence of the assessment of the loss.

[subs (6) insrt Act 34 of 2021 s 32, effective 1 April 2022]

[s 71 renum Act 34 of 2021 s 32, effective 1 April 2022]