LOCAL GOVERNMENT ACT 1995 - SECT 2.19
LOCAL GOVERNMENT ACT 1995 - SECT 2.19
2.19 . Qualifications for election to council
(1) A person is
qualified to be elected as a member of a council if the person —
(a) is
of or over the age of 18 years; and
(b) is
an elector of the district; and
[(c) deleted]
(d) is
not disqualified for membership of the council under section 2.20, 2.21, 2.22,
2.23 or 2.24; and
(e) is
not disqualified by an order under section 5.113, 5.117 or 5.119 from holding
office as a member of a council.
(2) A person is not
qualified under subsection (1)(b) if he or she is only eligible for enrolment
under section 4.30(1)(a) and (b) —
(a) as
the nominee of a body corporate under section 4.31; or
(b)
because of Schedule 9.3, clause 12(2).
(2A) Regulations may
provide that an occupier is not qualified under subsection (1)(b) unless
prescribed requirements are met.
(2B) In subsection
(2A) —
occupier means a person —
(a) who
is eligible to be enrolled under section 4.30(1); and
(b)
whose eligibility claim referred to in section 4.30(1)(c) is based on
occupation of rateable property.
(2C) The requirements
that may be prescribed for the purposes of subsection (2A) include (without
limitation) the following —
(a)
requirements relating to whether any person is enrolled, or is regarded under
section 4.29(2) as being enrolled, as an elector for the Legislative Assembly
in respect of a residence that is the rateable property;
(b)
other requirements relating to the current, past or future ownership,
occupation or use of the rateable property.
(2D) In subsections
(2B) and (2C), references to rateable property include a portion of rateable
property as described in section 4.31(1D)(a) or (b).
(3) A person who is
qualified under subsection (1) can be elected as a councillor for a ward
whether or not he or she is an elector of that ward.
[Section 2.19 amended: No. 1 of 1998 s. 5(1); No.
1 of 2007 s. 4; No. 2 of 2012 s. 4; No. 11 of 2023 s. 17.]