Local Government Act 2009

This section applies if—

before the commencement, the assessor had applied to the conduct tribunal in relation to conduct engaged in by a councillor, including a former councillor, under former section 150AJ; and

immediately before the commencement, the conduct tribunal had not made a decision under section 150AQ; and

1 or more of the following circumstances applies—

the councillor was a former councillor when the application was made;

after the commencement, the office of the councillor is vacated;

the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct;

the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii);

the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting;

the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010, new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g);

the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate;

the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party.

The assessor must, before the application is decided, withdraw—

if a circumstance mentioned in subsection (1)(c)(i), (ii) or (iv) applies—the application; or

otherwise—the part of the application relating to the circumstance.

If the application, or part of the application, is withdrawn under subsection (2), the assessor must, as soon as practicable—

give a notice to the conduct tribunal advising of the withdrawal; and

give a copy of the notice to—

if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and

the councillor or former councillor; and

the local government.