Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 349

349 Existing referrals by conduct tribunal if investigation not started

(1) This section applies if—

(a) before the commencement, the conduct tribunal had referred alleged conduct of a councillor to the assessor under former section 150DLA; and

(b) immediately before the commencement, the assessor had not started an investigation of the councillor’s conduct under former chapter 5A, part 3, division 4.

(2) On the commencement, the assessor must make a preliminary assessment of the referral under new chapter 5A, part 3, division 3A as if the referral were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).

(3) In making the preliminary assessment or conducting any further investigation of the matter the subject of the referral—

(a) new chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and

(b) the assessor may consider any information obtained by the conduct tribunal during the investigation of the councillor’s conduct before the commencement.