Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 153

153 Disqualification for certain offences or if dismissed

(1) A person can not be a councillor—

(a) after the person is convicted of a treason offence, unless the person is pardoned of the treason offence; or

(b) for 10 years after the person is convicted of an electoral offence; or

(c) for 7 years after the person is convicted of a serious integrity offence; or

(d) for 4 years after the person is convicted of an integrity offence; or

(e) for the remainder of the term before the next quadrennial elections, if the person has been dismissed.

(2) A
"treason offence" is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth.

(3) An
"electoral offence" is—

(a) a disqualifying electoral offence under the Electoral Act ; or

(b) an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .

(4) A
"serious integrity offence" is an offence against—

(a) a provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or

(b) a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .

(5) An
"integrity offence" is an offence against a provision of a law mentioned in schedule 1 , part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.

(6) A person automatically stops being a councillor when the person is convicted of any of the following offences (each a
"disqualifying offence" )—

(a) a treason offence; or

(b) an electoral offence; or

(c) a serious integrity offence; or

(d) an integrity offence.

(7) A person is taken to have been convicted of an offence—

(a) if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or

(b) if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.

(8) In this section—

"dismissed" means dismissed as a councillor—

(a) under section 122 ; or

(b) because of the dissolution of the local government under section 123 .