Local Government Act 2019

(1) A person is disqualified from office as a member of a council if the person:

(c) is sentenced to a term of imprisonment of 12 months or more for an offence against the law of the Commonwealth or of a State or Territory in the circumstances specified in subsection (3); or

(e) is a staff member of the local government subsidiary of which the council is a constituent council of the local government subsidiary; or

(f) is indebted to the council and fails to discharge the debt within 6 months after the debt becomes due and payable in accordance with the regulations; or

(g) is certified mentally unfit to carry out the functions of a member; or

(h) is disqualified from managing a corporation under the Corporations Act 2001 or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth); or

(i) is disqualified under section 40 of the Associations Act 2003 from being an officer of an incorporated association; or

(j) is a member of the Commonwealth House of Representatives or the Senate; or

(k) is determined by NTCAT to be unfit to be a member under section 133; or

(l) for the period mentioned in that subsection – is incapable of holding a local government office under section 89(3) of the Criminal Code; or

(m) ceases to be enrolled as an elector in respect of a place of residence within the area; or

(o) is absent, without permission of the council in accordance with the regulations, from 2 consecutive ordinary meetings of the council.

Notes for subsection (1)

1 A person is not qualified to be a member of a council if the person is a member of the Legislative Assembly (see section 21(1)(a) of the Northern Territory (Self‑Government) Act 1978 (Cth)).

2 A person is not eligible to be elected or appointed as the principal member or deputy principal member of a council if the person is disqualified from holding that position under section 132N(e) (see section 61(4)).

(2) For subsection (1)(a), a judicial office includes the following, but does not include a justice of the peace:

(a) the person is serving the term of imprisonment of 12 months or more over the period that the person would have otherwise been eligible as a member of a council or a candidate for election as a member of a council; or

(b) the person is sentenced to a term of imprisonment of 12 months or more after the person is elected to be a member of a council.

(4) For subsection (1)(g), a person is certified mentally unfit to carry out the functions of a member if 2 medical practitioners have certified that the person is mentally unfit, and likely to remain unfit for the remainder of the person's term of office, to carry out the functions of a member.