LOCAL GOVERNMENT ACT 1995 - SECT 8.29

LOCAL GOVERNMENT ACT 1995 - SECT 8.29

8.29 .         Effect of suspension of council

        (1)         While a council is suspended, the powers and duties of the council or of any member cannot be performed by the council or member.

        (2)         The suspension of a council does not prevent the term of office of any member from continuing to run while the council is suspended.

        (3)         Despite Part 4, Divisions 3 and 4, an office of member that becomes vacant while a council is suspended is not to be filled for a term that begins before the suspension ceases to have effect.

        (4)         An order reinstating a suspended council is to fix a day for any poll needed for an election to fill any offices of member that are vacant.

        (5)         Despite Part 5 Division 8 —

            (a)         while a council member is suspended that member is not entitled to be paid any fee or allowance to which they would otherwise be entitled to be paid under Part 5 Division 8; and

            (b)         if a local government pays an annual allowance or annual fee under Part 5 Division 8 to the member in advance then section 5.102AB applies in respect of that member as if the member had, during the period of suspension, ceased to hold the office to which the allowance or fee relates.

        [Section 8.29 amended: No. 31 of 2018 s. 24.]