Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 327

327 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 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 of the local government—the mayor;

(c) the chief executive officer of the local government.

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 182G.

(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.