Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 279

279 Existing conviction for new disqualifying offence

(1) This section applies if—

(a) before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and

(b) on the commencement, the disqualifying period for the offence would not have ended.

(2) The councillor automatically stops being a councillor on the commencement.

(3) Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse—

(a) the Minister;

(b) if the councillor is not the mayor—the mayor;

(c) the chief executive officer.

Penalty—

Maximum penalty—100 penalty units.

(4) For subsection (3), the notice must state—

(a) the provision of the law against which the councillor was convicted; and

(b) the day the councillor was convicted.

(5) Section 153(7) applies in relation to the offence.

(6) The information contained in the notice is taken to be criminal history information for section 186H.

(7) In this section—

"conviction" includes a spent conviction.

"disqualifying period" , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.

"new disqualifying offence" means an offence that, under section 153—

(a) is a disqualifying offence after the commencement; but

(b) was not a disqualifying offence before the commencement.