Queensland Numbered Acts

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LOCAL GOVERNMENT ACT 2009 No. 17 - SECT 153

153 Disqualification for certain offences

(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 bribery 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 as a councillor under section 122 or 123.

(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 bribery offence is an offence against--

(a) section 98C of the Criminal Code; or
(b) a corresponding law of another State or the Commonwealth; or
(c) another offence prescribed under a regulation.

(5) An integrity offence is an offence against--

(a) section 171, 172, 173, 174(3), 234; or
(b) section 98B, 98E or 98G(a) or (b) of the Criminal Code; or
(c) another offence prescribed under a regulation.

(6) A person automatically stops being a councillor when the person is convicted of--

(a) a treason offence; or
(b) an electoral offence; or
(c) a bribery 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.


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