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LOCAL GOVERNMENT ACT 1995 - SECT 5.104

LOCAL GOVERNMENT ACT 1995 - SECT 5.104

5.104 .         Adoption of model code of conduct

        (1)         Within 3 months after the day on which regulations prescribing the model code come into operation, a local government must prepare and adopt* a code of conduct to be observed by council members, committee members and candidates that incorporates the model code.

        * Absolute majority required.

        (2)         Within 3 months after the day on which regulations amending the model code come into operation, the local government must amend* the adopted code of conduct to incorporate the amendments made to the model code.

        * Absolute majority required.

        (3)         A local government may include in the adopted code of conduct requirements in addition to the requirements referred to in section 5.103(2)(b), but any additional requirements —

            (a)         can only be expressed to apply to council members or committee members; and

            (b)         are of no effect to the extent that they are inconsistent with the model code.

        (4)         A local government cannot include in the adopted code of conduct provisions in addition to the principles referred to in section 5.103(2)(a) or the rules of conduct.

        (5)         The model code is taken to be a local government’s adopted code of conduct until the local government adopts a code of conduct.

        (6)         An alleged breach of a local government’s adopted code of conduct by a candidate cannot be dealt with under this Division or the adopted code of conduct unless the candidate has been elected as a council member.

        (7)         The CEO must publish an up-to-date version of a local government’s adopted code of conduct on the local government’s official website.

        [Section 5.104 inserted: No. 16 of 2019 s. 50.]