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].