LOCAL GOVERNMENT ACT 1995 - SECT 5.105

LOCAL GOVERNMENT ACT 1995 - SECT 5.105

5.105 .         Breaches by council members

        (1)         A council member commits a minor breach if the council member —

            (a)         contravenes a rule of conduct; or

            (b)         contravenes a local law under this Act, contravention of which the regulations specify to be a minor breach.

        (1A)         Subsection (1) extends to the contravention of a rule of conduct that occurred when the council member was a candidate.

        (1B)         Regulations cannot specify that contravention of a local law under this Act is a minor breach if contravention of the local law would, in addition to being a minor breach under subsection (1), also be a serious breach under subsection (3).

        (2)         A minor breach is a recurrent breach if it occurs after the council member has been found under this Division to have committed 2 or more other minor breaches.

        (3)         A council member who commits any offence under a written law, other than a local law made under this Act, of which it is an element that the offender is a council member or is a person of a description that specifically includes a council member commits a serious breach.

        [Section 5.105 inserted: No. 1 of 2007 s. 11; amended: No. 16 of 2019 s. 51.]