sec.108Disqualification as member

sec.108 Disqualification as member

A person is disqualified from becoming, or continuing as, a member if the person— is a member of the Legislative Assembly; or is a councillor of a local government; or has a conviction, other than a spent conviction, for an indictable offence; or is an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act , part 2D .6. A person is also disqualified from becoming a member if the person does not consent to the Minister asking for a report about the person’s criminal history under section 112 . The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration. The Minister may— if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not ended, give the chairperson and the person notice (the approval notice ) that— the person is restored as a member; and the person may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration. The person is restored as a member on the day the chairperson receives the approval notice. The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration. In this section— conviction , for an indictable offence, does not include being found guilty of an offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence. s 108 amd 2023 No. 23 s 247 sch 1 s 2 (1) (sec.108-ssec.1) A person is disqualified from becoming, or continuing as, a member if the person— is a member of the Legislative Assembly; or is a councillor of a local government; or has a conviction, other than a spent conviction, for an indictable offence; or is an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act , part 2D .6. (sec.108-ssec.2) A person is also disqualified from becoming a member if the person does not consent to the Minister asking for a report about the person’s criminal history under section 112 . (sec.108-ssec.3) The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration. (sec.108-ssec.4) The Minister may— if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not ended, give the chairperson and the person notice (the approval notice ) that— the person is restored as a member; and the person may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration. (sec.108-ssec.5) The person is restored as a member on the day the chairperson receives the approval notice. (sec.108-ssec.6) The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration. (sec.108-ssec.7) In this section— conviction , for an indictable offence, does not include being found guilty of an offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence.