LOCAL GOVERNMENT ACT 2009 - SECT 172 Failure to give particular returns under Local Government Electoral Act

LOCAL GOVERNMENT ACT 2009 - SECT 172

172 Failure to give particular returns under Local Government Electoral Act

(1) If a person who is elected as a councillor fails to give a summary return within the required period or a longer period allowed by the Minister, the person ceases to be a councillor on the day immediately after the required period or the longer period ends.

Note—

In particular circumstances, the required period may be taken to be extended—see section 173 .

(2) However, subsections (3) to (5) apply if—

(a) under the Local Government Electoral Act , an agent was required to give the summary return for—

(i) the person; or

(ii) a group of candidates of which the person was a member; or

(iii) a political party that endorsed the candidature of the person; and

(b) the agent fails to give the summary return within the required period.

(3) As soon as practicable after the date of the notice given to the person under the Local Government Electoral Act , section 130C that the agent has failed to give the summary return, the person must give the Minister a notice stating that—

(a) the agent failed to give the summary return within the required period; and

(b) the person intends to give the return under subsection (4) .

(4) The person must give the summary return within—

(a) 30 days after the date of the notice of the agent’s failure; or

(b) a longer period allowed by the Minister.

Note—

In particular circumstances, the period mentioned in paragraph (a) may be taken to be extended—see section 173 .

(5) The person ceases to be a councillor if the person does not comply with subsection (4) .

(6) In this section—


"required period" , for a summary return, means the period within which the summary return must be given under the Local Government Electoral Act .


"summary return" means a return required to be given under the following provisions of the Local Government Electoral Act —

(a) section 117 (4) ;

(b) section 118 (4) ;

(c) section 120 (6) ;

(d) section 125 (2) .