AustLII Tasmanian Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 28J

28J. Incapacity

      (1) A prescribed person may apply to a magistrate for an order that a councillor is unable to perform or exercise adequately or competently the functions or powers of a councillor due to the physical or mental incapacity of the councillor.

      (2) The magistrate may –

(a) grant the order; or

(b) refuse to grant the order.

      (3) If the magistrate grants the order –

(a) the councillor is removed from office with effect from the date of the order; and

(b) the office of the councillor is vacant as at that date.



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