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.]