QLDIn ForceAct
City of Brisbane Act 2010
sec.283Existing conviction for new disqualifying offence
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### sec.283 Existing conviction for new disqualifying offence
This section applies if—
before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and
on the commencement, the disqualifying period for the offence would not have ended.
The councillor automatically stops being a councillor on the commencement.
Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse—
the Minister;
if the councillor is not the mayor—the mayor;
the chief executive officer.
Maximum penalty—100 penalty units.
For subsection (3), the notice must state—
the provision of the law against which the councillor was convicted; and
the day the councillor was convicted.
Section 153(7) applies in relation to the offence.
The notice is taken to be a notice mentioned in section 186G(1)(a).
The information contained in the notice is taken to be criminal history information for section 186H.
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.
s 283 ins 2019 No. 30 s 12
(sec.283-ssec.1) This section applies if— before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and on the commencement, the disqualifying period for the offence would not have ended.
(sec.283-ssec.2) The councillor automatically stops being a councillor on the commencement.
(sec.283-ssec.3) Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor—the mayor; the chief executive officer. Maximum penalty—100 penalty units.
(sec.283-ssec.4) For subsection (3), the notice must state— the provision of the law against which the councillor was convicted; and the day the councillor was convicted.
(sec.283-ssec.5) Section 153(7) applies in relation to the offence.
(sec.283-ssec.6) The notice is taken to be a notice mentioned in section 186G(1)(a).
(sec.283-ssec.7) The information contained in the notice is taken to be criminal history information for section 186H.
(sec.283-ssec.8) 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.
- (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.
- (a) the Minister;
- (b) if the councillor is not the mayor—the mayor;
- (c) the chief executive officer.
- (a) the provision of the law against which the councillor was convicted; and
- (b) the day the councillor was convicted.