Prohibition against holding or exercising powers of another office not breached
134 Prohibition against holding or exercising powers of another office not breached
In this section —
prescribed prohibition, in relation to an office holder of the State, means a prohibition against the office holder —
holding another public office concurrently with the office holder’s State office; or
exercising the powers of another public office concurrently with the powers of the office holder’s State office;
State office, of an office holder of the State, means the office under the law of the State held by the office holder.
Subsection (3) applies subject to the Magistrates Court Act 2004 sections 6(3) and 26(8a) but despite any other law of the State.
An office holder of the State does not breach a prescribed prohibition by holding a secondary office under the law of another participating jurisdiction, or exercising a power of that office, if the office is held or the power is exercised for the purposes of that other jurisdiction’s cross‑border laws.
This Act’s bill:Explanatory memorandumSecond reading speech
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