Resignation or notification if disqualified
51 Resignation or notification if disqualified
(1) If a member reasonably believes the member ceases to hold office as a member of a council under section 47(1)(a) to (j) or (l) to (o), the member must resign by written notice to the CEO as soon as practicable.
A resignation under subsection (1):
cannot be withdrawn; and
takes effect on the date the notice is given to the CEO.
(3) The CEO must give a copy of the notice mentioned in subsection (1) to the Electoral Commissioner as soon as practicable.
(4) If a person has ceased to hold office because of section 50(a), the CEO must notify the Electoral Commissioner as soon as practicable.
A person commits an offence if:
the person is:
(i) disqualified from office as a member of the council under section 47(1)(a) to (j) or (l) to (o); and
reckless in relation to that circumstance; and
(b) the person fails to resign by written notice to the CEO as soon as practicable.
Maximum penalty: 100 penalty units.
Strict liability applies to subsection (5)(b).
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