Victorian Consolidated Legislation

Catchment and Land Protection Act 1994 - SECT 18J

Effect of finding of guilt for offence against section 18G

18J. Effect of finding of guilt for offence against section 18G



(1) A member of the board of an Authority who is found guilty of an offence
against section 18G or any corresponding previous enactment is not capable of
being or continuing to be a member of a board of an Authority for 7 years
after that finding of guilt, unless-

   (a)  on application by the person found guilty, the court by which he or
        she is found guilty; or

   (b)  a court hearing an appeal under subsection (2)-

thinks it is appropriate in the circumstances to reduce or waive the period of
disqualification.

(2) A person may, within 6 months after a decision on an application under
subsection (1)(a), appeal from that decision-

   (a)  if the person was found guilty by the Magistrates' Court-to the County
        Court; and

   (b)  in any other case-to the Supreme Court.

(3) An appeal is by way of re-hearing of the application, and the court may do
anything that it would be entitled to do if the appeal were an appeal against
the sentence imposed on the finding of guilt giving rise to the
disqualification.