Penalty for acting as Councillor when stood down
37B Penalty for acting as Councillor when stood down
S. 37B inserted by No. 42/2026 s. 12.
A Councillor who has been stood down under section 228 or 229 and who knows, or should reasonably know that they have been stood down, must not perform the functions and duties of, or exercise the powers of, a Councillor including—
attend any meeting of the Council; and
attend any delegated committee meetings; and
attend Council premises.
Penalty: 120 penalty units.
If a person is found guilty or convicted of an offence under subsection (1), the court may order that the person return to the Council any allowances, reimbursements, equipment or materials the person received as a result of acting as a Councillor for the period that the person was stood down.
To avoid doubt, the provision of a written response by a Mayor or Deputy Mayor to a notice of motion to declare the office of Mayor or Deputy Mayor vacant under section 23(3A) is not a function or duty of, or exercise of power by, a Councillor.
This Act’s bill:Explanatory memorandumSecond reading speech
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