LOCAL GOVERNMENT ACT 1995 - SECT 2.27
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 2.20, 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 14 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)
applies to the State Administrative Tribunal asking for a declaration as to
whether or not the member is disqualified and gives a copy of the application
to the CEO,
the member is taken to
have been disqualified for the reasons indicated in the CEO’s notice.
(7A) If subsection (6)
applies to a member the CEO is to give the member a written notice to that
effect.
(7) The CEO or any
other person 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.
(10) This section as
in force immediately before the commencement of the Local Government Amendment
Act 2009 section 6 applies to and in respect of a notice given under
section 2.27(3) before that commencement.
[Section 2.27 amended: No. 55 of 2004 s. 685; No.
17 of 2009 s. 6; No. 2 of 2012 s. 6.]