Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 283

283 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 notice is taken to be a notice mentioned in section 186G(1)(a).

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

(8) 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.