"misconduct" of a councillor means any of the following--
(a) a contravention
by the councillor of this Act or the regulations,
(b) a failure by the
councillor to comply with an applicable requirement of a code of conduct,
(c)
a failure by a councillor to comply with an order issued by the Departmental
Chief Executive under this Division,
(d) an act of disorder committed by the
councillor at a meeting of the council or a committee of the council,
(e) an
act or omission of the councillor intended by the councillor to prevent the
proper or effective functioning of the council or a committee of the council.
(2) For the purposes of determining whether a person has engaged in
misconduct, the person does not breach a provision of a code of conduct that
requires the disclosure of a pecuniary interest if the person did not know and
could not reasonably be expected to have known that the matter under
consideration at a meeting was a matter in which the person had a pecuniary
interest.
(3) A reference in this Division to misconduct includes a reference
to misconduct that consists of an omission or failure to do something.
