440CTemporary suspension from civic office for serious corrupt conduct

#### 440C Temporary suspension from civic office for serious corrupt conduct 440C Temporary suspension from civic office for serious corrupt conduct > > (1) The Minister may, without notice or inquiry, suspend a person from civic office— > > > > > (a) if the Independent Commission Against Corruption, in a report referred to in section 74C of the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), recommends that consideration be given to the suspension of the person from office with a view to his or her dismissal for serious corrupt conduct, or > > > > > (b) if criminal proceedings for serious corrupt conduct are instituted against the person, or > > > > > (c) if the person makes an admission of serious corrupt conduct. > > > (2) A person, while suspended from civic office under this section— > > > > > (a) is not entitled to exercise any of the functions of the civic office, and > > > > > (b) is not entitled to any fee or other remuneration, or to the payment of expenses or to the use of council facilities, to which the person would otherwise be entitled as the holder of the civic office. > > > (3) A suspension under this section may be removed by the Minister at any time. > > > (4) A suspension under this section is removed in the following circumstances— > > > > > (a) if the person is not dismissed from civic office, or criminal proceedings in connection with the serious corrupt conduct are not instituted, within 6 months after the suspension, > > > > > (b) in the case of a person against whom criminal proceedings are instituted in connection with the serious corrupt conduct—if the proceedings are withdrawn or dismissed. > > > (4A) However, if the suspension is based on a recommendation made by the Independent Commission Against Corruption or an admission made by the person and the person commences proceedings relating to the recommendation or admission— > > > > > (a) the suspension remains in effect while those proceedings and any related proceedings for review or appeal are dealt with, and > > > > > (b) subsection (4)(a) applies as if the reference to 6 months after the suspension were a reference to 6 months after those proceedings and any related proceedings for review or appeal are finally dealt with or withdrawn. > > > (5) If a suspension is removed, any fee or other remuneration withheld may (if the Minister so directs) be subsequently paid to the person concerned. > > **s 440C:** Ins 2002 No 19, Sch 1 \[4\]. Am 2013 No 44, Sch 1 \[42\]; 2015 No 37, Sch 1 \[23\].