Local Government Act 2020

In this section—

Section 35(5)(c), as inserted by section 11(b) of the Amending Act, applies to—

any Councillor who is stood down under section 228 or 229 on or after section 11 of the Amending Act comes into operation; and

any Councillor who is stood down under section 228 or 229 before section 11 of the Amending Act comes into operation and who remains stood down after section 11 of the Amending Act comes into operation; and

any Councillor who was stood down under section 228 or 229 at any time before the commencement of section 11 of the Amending Act comes into operation but is no longer stood down on the commencement of section 11 of the Amending Act.

A Councillor in respect of whom subsection (1A)(b) or (c) applies is taken to continue to have held office as a Councillor under section 35 as in force immediately before the commencement of section 11 of the Amending Act despite being absent from Council meetings for a period of 4 consecutive months without leave obtained from the Council if the absence is by reason only of the Councillor being stood down under section 228 or 229.

Sections 37A and 37B do not apply to a Councillor who is stood down unless the Councillor—

receives notification under section 228(3) on or after the day on which section 12 of the Amending Act comes into operation; or

is charged with an offence specified in section 229(2) on or after the day on which section 12 of the Amending Act comes into operation.

Section 38A, as inserted by section 13 of the Amending Act, does not apply to a nomination for election unless the election day is on or after 1 January 2027.

Sections 38B and 38C, as inserted by section 13 of the Amending Act, do not apply to a selection or announcement of candidacy for an election unless the election day is on or after 1 January 2027.

Section 144AB, as inserted by section 20 of the Amending Act, applies to any application for an internal arbitration process that is made but not completed immediately before the day section 20 of the Amending Act comes into operation.

Section 156A, as inserted by section 23 of the Amending Act, applies to any application for a hearing by a Councillor Conduct Panel that is made but not concluded immediately before the day section 23 of the Amending Act comes into operation.

If a Councillor is charged with an offence specified in section 229(2) before section 229(2A), as inserted by section 24(1) of the Amending Act, comes into operation and the proceeding for that offence is not commenced by or on behalf of a law enforcement agency or the complainant is not a law enforcement agency, on and after the commencement of section 229(2A), the Councillor is taken to not have been stood down under section 229(1).

A Councillor taken to not have been stood down by force of subsection (7) is entitled to their allowance that was withheld under section 229(4) as a consequence of the Councillor being stood down before the commencement of section 229(2A).

Despite subsection (7), anything done, including any act in the exercise of any function, power or duty by any person under the Act, as a consequence of a Councillor to whom that subsection applies being stood down under or in accordance with this Act, as in force before the commencement of section 229(2A), remains valid.