Northern Territory Consolidated Acts

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LOCAL GOVERNMENT ACT - SECT 37

Disqualification

37. Disqualification

(1) A person is disqualified from office as a member of a council if the person:

(a) holds a judicial office (other than justice of the peace); or

(b) is bankrupt or subject to a composition or arrangement with creditors under the Bankruptcy Act 1966 (Cth); or

(c) has been sentenced to a term of imprisonment (which has not expired) of one year or more; or

(d) is an employee of the council whose seniority disqualifies the employee from membership of the council in accordance with criteria laid down in Ministerial guidelines; or

(e) is indebted to the council for rates or surcharge and fails to discharge the debt within 6 months after the debt becomes due and payable; or

(f) is certified mentally unfit to carry out the functions of a member.

(2) However, an employee of a council is not disqualified from office as a member of some other council.

Example

An administration officer who lives in Alice Springs and works for the Central Desert Shire Council is not disqualified by that employment from office as a member of the Alice Springs Town Council.

(3) A person is certified mentally unfit to carry out the functions of a member if 2 medical practitioners have certified that the person is mentally unfit, and likely to remain unfit for the remainder of the person's term of office, to carry out the functions of a member.



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