273Certain persons disqualified from holding office in State organisations

#### 273 Certain persons disqualified from holding office in State organisations 273 Certain persons disqualified from holding office in State organisations > > (1) A person who has been convicted of a serious offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in a State organisation unless— > > > > > (a) on an application made under section 274 (Application for leave to hold office in organisations by prospective candidate for office) or 275 (Application for leave to hold office in organisations by office holder) (in this section called the specified sections) in relation to the conviction of the person for the serious offence— > > > > > > > (i) the person was granted leave to hold office in organisations, or > > > > > > > (ii) the person was refused leave to hold office in organisations but, under section 274 (2) (b) or 275 (2) (b), the Commission specified a period for the purposes of this subsection, and the period has elapsed since the person was convicted of the serious offence or, if the person served a term of imprisonment in relation to the serious offence, since the person was released from prison, or > > > > > (b) in any other case—a period of 5 years has elapsed since the person was convicted of the serious offence or, if the person served a term of imprisonment in relation to the serious offence, since the person was released from prison. > > > (2) If a person who holds an office in a State organisation is convicted of a serious offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Commission under either of the specified sections. > > > (3) Where a person who holds an office in a State organisation makes an application to the Commission under either of the specified sections and the application is not determined— > > > > > (a) except in a case to which paragraph (b) applies—within the period of 3 months after the date of the application, or > > > > > (b) if the Commission, on application by the person, has extended that period—within that period as extended, > > > > the person ceases to hold the office at the end of the period of 3 months or the period as extended, as the case may be. > > > (4) The Commission must not, under subsection (3) (b), extend a period for the purposes of subsection (3) unless— > > > > > (a) the application for the extension is made before the end of the period of 3 months referred to in subsection (3) (a), or > > > > > (b) if the Commission has previously extended the period under subsection (3) (b)—the application for the further extension is made before the end of that period as extended. > > > (5) A State organisation, a member of a State organisation or the Industrial Registrar may apply to the Commission for a declaration that, because of the operation of this section or either of the specified sections— > > > > > (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation, or > > > > > (b) a person has ceased to hold an office in the organisation. > > > (6) The granting to a person, on an application made under either of the specified sections in relation to a conviction of the person for a serious offence, of leave to hold offices in organisations does not affect the operation of this section or either of the specified sections in relation to another conviction of the person for a serious offence. > > **s 273:** Am 2016 No 48, Sch 1 \[73\]; 2023 No 41, Sch 1.2\[68\].