Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person is disqualified from office as a member of a council if the person:
(a) holds a judicial office ; or
(b) is bankrupt; or
(c) is sentenced to a term of imprisonment of 12 months or more for an offence against the law of the Commonwealth or of a State or Territory in the circumstances specified in subsection (3); or
(d) is a staff member of the council; or
(e) is a staff member of the local government subsidiary of which the council is a constituent council of the local government subsidiary; or
(f) is indebted to the council and fails to discharge the debt within 6 months after the debt becomes due and payable in accordance with the regulations; or
(g) is certified mentally unfit to carry out the functions of a member; or
(h) is disqualified from managing a corporation under the Corporations Act 2001 or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth); or
(i) is disqualified under section 40 of the Associations Act 2003 from being an officer of an incorporated association; or
(j) is a member of the Commonwealth House of Representatives or the Senate; or
(k) is determined by NTCAT to be unfit to be a member under section 133 ; or
(l) for the period mentioned in that subsection – is incapable of holding a local government office under section 89(3) of the Criminal Code; or
(m) ceases to be enrolled as an elector in respect of a place of residence within the area; or
(n) ceases to have a principal place of residence within the area; or
(o) is absent, without permission of the council in accordance with the regulations, from 2 consecutive ordinary meetings of the council.
Note for subsection (1)
A person is not qualified to be a member of a council if the person is a member of the Legislative Assembly (see section 21(1)(a) of the Northern Territory (Self-Government) Act 1978 (Cth)).
(2) For subsection (1)(a), a judicial office includes the following, but does not include a justice of the peace:
(a) a Justice of the High Court;
(b) a Judge of the Federal Court;
(c) a Supreme Court Judge;
(d) a Local Court Judge;
(e) the President, a Deputy President or an ordinary member of NTCAT.
(3) For subsection (1)(c), a person is disqualified if:
(a) the person is serving the term of imprisonment of 12 months or more over the period that the person would have otherwise been eligible as a member of a council or a candidate for election as a member of a council; or
(b) the person is sentenced to a term of imprisonment of 12 months or more after the person is elected to be a member of a council.
(4) For subsection (1)(g), a person is certified mentally unfit to carry out the functions of a member if 2 medical practitioners have certified that the person is mentally unfit, and likely to remain unfit for the remainder of the person's term of office, to carry out the functions of a member.