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Legislative Assembly for the ACT: 2000 Week 1 Hansard (15 February) . . Page.. 71 ..


(ii) in a case where the officer engaged a solicitor to act for the officer in connection with the discharge of the mortgage and the officer duly paid to the solicitor an amount for professional costs and disbursements - an amount not exceeding the amount of the professional costs and disbursements that were reasonably incurred and would have been payable, if the amount were calculated in accordance with the appropriate scale, in respect of the discharge of the mortgage;

(d) if the officer was required to pay, and paid, a sum to a mortgagee in addition to the principal sum and interest due under the mortgage in order to be entitled to discharge the mortgage before the earliest date on which the officer was entitled to discharge the mortgage without payment of that additional sum - the amount of that sum or an amount equal to interest for six months at the rate payable on the date of the discharge of the mortgage whichever is the less;

(e) if the officer did not engage an agent to sell the dwelling-house on behalf of the officer and the officer incurred expenses in advertising the dwelling-house for sale - an amount not exceeding the reasonable amount of expenses incurred by the officer in advertising the dwelling-house for sale; and

(f) if the officer did not engage a solicitor to act in connection with the sale of the dwelling-house and the officer duly paid expenses in connection with the sale of the dwelling-house, other than any sum in the nature of the sum referred to in paragraph (d) - an amount not exceeding the amount of the expenses reasonably incurred by the officer in connection with the sale of the dwelling-house, including expenses in connection with the discharge of a mortgage over the land on which the dwelling-house is erected, other than any sum in the nature of the sum referred to in paragraph (d).

(3) An allowance referred to in subclause (1) is payable to an officer who is transferred from one locality to another locality on the sale by the officer of only one dwelling-house in the first-mentioned locality.

(4) For the purposes of subclause (1) the relevant period for sale in respect of a transfer is -

(a) in relation to a term transfer - the period commencing on the day on which the officer received notification in writing of term transfer to another locality and ending on the day 2 years after the day on which the officer ceased to be on a term transfer; and

(b) in relation to any other transfer - the period commencing on the day on which the officer received notification in writing of transfer to another locality and ending on the day 2 years after the day on which the officer commenced duty in that locality.

(5) Subject to subclause (6), an officer who is transferred from one locality to another locality on a term transfer and who is entitled to be, and is, paid temporary accommodation allowance by virtue of paragraph 3.5(1)(b) shall not be entitled to be paid an allowance in accordance with this clause in respect of the sale of the dwelling-house pursuant to an agreement entered


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