440FDefinitions

#### 440F Definitions 440F Definitions > > (1) In this Chapter— > > > > misconduct of a councillor means any of the following— > > > > > (a) a contravention by the councillor of this Act or the regulations, > > > > > (b) a failure by the councillor to comply with an applicable requirement of a code of conduct, > > > > > (c) a failure by a councillor to comply with an order issued by the Departmental Chief Executive under this Division, > > > > > (d) an act of disorder committed by the councillor at a meeting of the council or a committee of the council, > > > > > (e) an act or omission of the councillor intended by the councillor to prevent the proper or effective functioning of the council or a committee of the council. > > > (2) For the purposes of determining whether a person has engaged in misconduct, the person does not breach a provision of a code of conduct that requires the disclosure of a pecuniary interest if the person did not know and could not reasonably be expected to have known that the matter under consideration at a meeting was a matter in which the person had a pecuniary interest. > > > (3) A reference in this Division to misconduct includes a reference to misconduct that consists of an omission or failure to do something. > > **s 440F:** Ins 2004 No 73, Sch 1 \[4\]. Subst 2012 No 94, Sch 1 \[12\]. Am 2015 No 37, Sch 1 \[25\]; Am 2016 No 38, Sch 1 \[57\]–\[59\].