Disqualification for certain offences or if dismissed
153 Disqualification for certain offences or if dismissed
A person can not be a councillor—
after the person is convicted of a treason offence, unless the person is pardoned of the treason offence; or
for 10 years after the person is convicted of an electoral offence; or
for 7 years after the person is convicted of a serious integrity offence; or
for 4 years after the person is convicted of an integrity offence; or
for the remainder of the term before the next quadrennial elections, if the person has been dismissed.
A treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth.
An electoral offence is—
a disqualifying electoral offence under the Electoral Act; or
an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002.
A serious integrity offence is an offence against—
a provision of a law mentioned in schedule 1, part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or
a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a).
An integrity offence is an offence against a provision of a law mentioned in schedule 1, part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.
A person automatically stops being a councillor when the person is convicted of any of the following offences (each a disqualifying offence)—
a treason offence; or
an electoral offence; or
a serious integrity offence; or
an integrity offence.
A person is taken to have been convicted of an offence—
if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or
if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.
In this section—
dismissed means dismissed as a councillor—
under section 122; or
because of the dissolution of the local government under section 123.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.