Victorian Consolidated Legislation

Local Government Act 1989 - SECT 28

Qualification to be a Councillor

28. Qualification to be a Councillor



(1) A person is qualified to be a candidate for the office of Councillor if he
or she has an entitlement referred to in section 11.





(1A) A person is qualified to become and continue to be a Councillor at a
particular time if, were that particular time the entitlement date and a
voters' roll prepared, subsection (1) would apply to that person.

(1AA) For the purposes of subsection (1A), if the only entitlement that a
person has is an entitlement to be enrolled as a resident of the municipal
district, the person ceases to be qualified to continue to be a Councillor at
a particular time if at that particular time the person's principal place of
residence is not located within the municipal district.

(1B) A Councillor must notify the Chief Executive Officer in writing if there
has been any change to any entitlement relating to enrolment of the Councillor
under section 11.



(1C) A notification under subsection (1B) must specify the nature of the
change and the date on which the change occurred.

(2) If a Councillor ceases to have a qualification entitling the Councillor to
continue in office, the Councillor continues to hold the office of Councillor
for 50 days after ceasing to be qualified.

(3) A Councillor to whom subsection (2) applies, goes out of office at the
expiry of the period specified in subsection (2) unless the Councillor has
within that period-

   (a)  obtained a qualification entitling him or her to continue to be a
        Councillor; and

   (b)  lodged a written statement with the Chief Executive Officer specifying
        that qualification.

(4) Despite subsection (3), a Councillor does not go out of office if the
Councillor has only failed to comply with subsection (3)(b) within the period
specified in subsection (2).