Western Australian Consolidated Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 2.22

2.22 .         Disqualification because of convictions

        (1)         A person is disqualified for membership of a council if the person — 

            (a)         has been convicted of a crime and is in prison serving a sentence for that crime; or

            (b)         has been convicted in the preceding 5 years of a serious local government offence.

        (2)         A court that has sentenced a person for a serious local government offence may make an order — 

            (a)         waiving the application of subsection (1)(b); or

            (b)         reducing the period of 5 years mentioned in subsection (1)(b),

                and the court’s order has effect in accordance with its terms.

        (3)         In this section — 

        former provisions means the Local Government Act 1960 4 as in force before the commencement of this Act;

        serious local government offence means an offence against this Act or the former provisions for which an offender — 

            (a)         could be sentenced to imprisonment for a term of, or exceeding the period prescribed for the purposes of this section; or

            (b)         could be sentenced to pay a fine of or exceeding the amount prescribed for the purposes of this section.



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