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LOCAL GOVERNMENT ACT 1995 - SECT 8.43

LOCAL GOVERNMENT ACT 1995 - SECT 8.43

8.43 .         Disqualification of person who has misapplied funds or property

        (1)         If an order has been made under section 8.42(1), the person against whom the order is made is disqualified from being a member of a council for a period of 5 years beginning on the date of the order, but the court making that order may, if it is satisfied that in the circumstances of the case it is appropriate to do so —

            (a)         order that the period of disqualification will be a period of less than 5 years that is specified in the order and begins on a date specified in the order; or

            (b)         order that the person is not disqualified.

        (2)         If at any time after a notice is given under section 8.40(1) but before a court makes an order under section 8.42(1), the person to whom the notice is given pays to the local government concerned or an authorised person part or all of the amount stated in the notice, the Departmental CEO may apply to a court before which an action to recover the amount so paid has been or could have been brought for an order that the person be disqualified from being a member of a council.

        (3)         A court to which an application is made under subsection (2) may, if it is satisfied that in the circumstances of the case it is appropriate to do so, order that the person is disqualified from being a member of a council for a period (not exceeding 5 years) that is specified in the order and begins on a date specified in the order.

        [Section 8.43 amended: No. 28 of 2006 s. 364.]