LOCAL GOVERNMENT ACT 1995 - SECT 2.22
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;
or
(c) has
been convicted of an offence for which the indictable penalty was or included
—
(i)
imprisonment for life; or
(ii)
imprisonment for more than 5 years.
(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;
indictable penalty means the penalty that the
relevant law specified for the offence in the event of a person being
convicted of the offence on indictment;
offence means an offence against a law of this
State, the Commonwealth, another State or a Territory;
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.
[Section 2.22 amended: No. 2 of 2012 s. 12; No. 31
of 2018 s. 4.]