Existing conviction for new disqualifying offence
331 Existing conviction for new disqualifying offence
This section applies if—
before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and
on the commencement, the disqualifying period for the offence would not have ended.
The councillor automatically stops being a councillor on the commencement.
Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse—
the Minister;
if the councillor is not the mayor—the mayor;
the chief executive officer.
Maximum penalty—100 penalty units.
For subsection (3), the notice must state—
the provision of the law against which the councillor was convicted; and
the day the councillor was convicted.
Section 153(7) applies in relation to the offence.
The notice is taken to be a notice mentioned in section 175P(1)(a).
The information contained in the notice is taken to be criminal history information for section 175Q.
In this section—
conviction includes a spent conviction.
disqualifying period, for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.
This Act’s bill:Explanatory memorandumSecond reading speech
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