Western Australian Consolidated Acts

LOCAL GOVERNMENT ACT 1995 - SECT 2.27

2.27 .         Procedure to determine qualification to retain membership of council

        (1)         In this section — 

        disqualified , in relation to a member of a council, means — 

            (a)         not qualified under section 2.19(1)(b) to be elected as a member of the council; or

            (b)         disqualified for membership of the council under section 2.21, 2.22, 2.23 or 2.24; or

            (c)         disqualified from continuing his or her membership of the council under section 2.25.

        (2)         A member who considers that he or she is disqualified is to advise the CEO in writing without delay.

        (3)         If the CEO has reason (other than through receiving a notice under subsection (2)) to believe that a member of a council is disqualified the CEO is to give the member a written notice without delay indicating the reasons why the CEO believes the member to be disqualified.

        (4)         The CEO’s notice under subsection (3) has to inform the member — 

            (a)         that if the member believes that he or she is not disqualified, he or she may advise the CEO in writing within 28 days from the date of the service of the notice; and

            (b)         that if the member accepts that he or she is disqualified in accordance with the terms of the notice, he or she is to advise the CEO in writing.

        (5)         If, within 28 days from the date of service of the CEO’s notice under subsection (3), the member satisfies the CEO that the member is not disqualified, the CEO is to give the member a written notice to that effect.

        (6)         Unless, within 28 days from the date of service of the CEO’s notice under subsection (3), the member — 

            (a)         satisfies the CEO that the member is not disqualified; or

            (b)         advises the CEO in writing that the member accepts that he or she is disqualified,

                the CEO is to apply to the State Administrative Tribunal asking for a declaration as to whether or not the member is disqualified.

        (7)         A person other than the CEO may, at any time, apply to the State Administrative Tribunal for a declaration as to whether or not a member of a council is disqualified.

        [(8)         deleted]

        (9)         A person who acts as a member of a council while disqualified commits an offence.

        Penalty: $5 000 or imprisonment for one year.

        [Section 2.27 amended by No. 55 of 2004 s. 685.]