Ensayos Clasificatorios

Division 1

Qualifications of councillors

152 Qualifications of councillors

A person is qualified to be a councillor of the council only if the person—

(a) is an adult Australian citizen; and (b) resides in Brisbane; and

(c) is, under the Electoral Act, enrolled on an electoral roll for an electoral district in Brisbane; and

(d) is not disqualified from being a councillor because of a section in this division.

Note—

See the Local Government Electoral Act 2011, section 26 about who may be nominated as a candidate, or for appointment, as a councillor.

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 for 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.

(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.

(5) An integrity offence is an offence against—

(a) section 173, 173A(2) or (3), 174(5) or 215; or

(b) section 173B(2), if the person is convicted of an offence to which paragraph (a) of the penalty applies; or

(c) section 98B, 98E or 98G(a) or (b) of the Criminal Code. (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.

154 Disqualification of prisoners

(1) A person can not be a councillor while the person is a prisoner.

(2) A prisoner is a person who—

(a) is serving a period of imprisonment; or

(b) is liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example); or

(c) would be serving a term of imprisonment had the term of imprisonment not been suspended under the Penalties and Sentences Act 1992, section 144.

(3) A person automatically stops being a councillor when the person becomes a prisoner.

155 Disqualification because of other high office

(1) A person can not be a councillor while the person is a government member.

(2) A government member is—

(a) a member of a Parliament of the Commonwealth or a State (including Queensland); or

(b) a councillor of a local government of another State. (3) A person automatically stops being a councillor when the

person becomes a government member.

156 Disqualification during bankruptcy

(1) A person can not be a councillor while the person is a bankrupt.

(2) A person is a bankrupt if, under a bankruptcy law— (a) the person is an undischarged bankrupt; or

(b) the person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or (c) the person’s creditors have accepted a composition, and

a final payment has not been made under the composition.

(3) A bankruptcy law is—

(a) the Bankruptcy Act 1966 (Cwlth); or

(b) a corresponding law of another jurisdiction, including a jurisdiction outside Australia.

(4) A person automatically stops being a councillor when the person becomes a bankrupt.

157 Judicial review of qualifications

(1) Any person who is entitled to vote in a council election may apply for a judicial review of the eligibility, or continued eligibility, of a person to be a councillor on the basis that the person is disqualified under this division.

(2) This section does not limit the Judicial Review Act.

158 Acting as councillor without authority

A person must not act as a councillor if the person knows that—

(a) the person is not qualified to be a councillor; or (b) the person’s office as a councillor has been vacated. Maximum penalty—85 penalty units.

Division 2

Councillor’s term of office

159 When a councillor’s term starts

A councillor’s term starts on—

(a) if the councillor is elected—the day after the conclusion of the councillor’s election; or

(b) if the councillor is appointed—the day on which the councillor is appointed.

160 When a councillor’s term ends

A councillor’s term ends—

(a) if the councillor is elected at quadrennial elections for the council or at a fresh election—at the conclusion of the next quadrennial elections; or

(b) if the councillor is elected at a fresh election and a declaration is also made under a regulation—at the

conclusion of the quadrennial elections after the next quadrennial elections; or

(c) if the councillor is elected or appointed to fill a vacancy in the office of another councillor—at the end of the other councillor’s term; or

(d) when the councillor’s office becomes otherwise vacant.

Note—

See section 162 for an explanation of when this happens.

160A Compulsory leave without pay

A councillor must take leave without pay for the duration of the period for which the councillor is a candidate, within the meaning of the Electoral Act, for election as a member of the Legislative Assembly.