sec.120Precondition to remedial action

### sec.120 Precondition to remedial action This section applies if the Minister proposes to exercise a power under this division. The Minister must give the local government or councillor in question a notice of the proposal to exercise the power, before the power is exercised, unless— the local government or councillor asked the Minister to exercise the power; or if the Minister proposes to exercise a power under section 122 or 123 —the conduct tribunal has made a recommendation under section 150AR to suspend or dismiss a councillor; or the Minister considers that giving notice— is likely to defeat the purpose of the exercise of the power; or would serve no useful purpose. The notice must state— the power that the Minister proposes to exercise; and the reasons for exercising the power; and any remedial action that the local government or councillor should take; and a reasonable time within which the local government or councillor may make submissions to the Minister about the proposal to exercise the power. For subsection (3) (a) , if the power the Minister proposes to exercise relates to a failure by a councillor to comply with a councillor training provision, the notice must state— for a failure to comply within the period required under the councillor training provision—that the Minister proposes to suspend the councillor until the councillor complies with the training provision; or for a failure to comply within 1 year after the period required under the councillor training provision—that the Minister proposes to dismiss the councillor. The reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. The Minister must have regard to all submissions that are made by the local government or councillor within the time specified in the notice. If— the Minister receives no submissions from the local government or councillor within the time specified in the notice; or the submissions from the local government or councillor do not contain reasonable grounds to persuade the Minister not to exercise the power; the Minister may exercise the power without further notice to the local government or councillor. In this section— councillor training provision means section 169A or the City of Brisbane Act 2010 , section 169A . s 120 amd 2018 No. 8 ss 5 , 34 ; 2023 No. 30 s 33 (sec.120-ssec.1) This section applies if the Minister proposes to exercise a power under this division. (sec.120-ssec.2) The Minister must give the local government or councillor in question a notice of the proposal to exercise the power, before the power is exercised, unless— the local government or councillor asked the Minister to exercise the power; or if the Minister proposes to exercise a power under section 122 or 123 —the conduct tribunal has made a recommendation under section 150AR to suspend or dismiss a councillor; or the Minister considers that giving notice— is likely to defeat the purpose of the exercise of the power; or would serve no useful purpose. (sec.120-ssec.3) The notice must state— the power that the Minister proposes to exercise; and the reasons for exercising the power; and any remedial action that the local government or councillor should take; and a reasonable time within which the local government or councillor may make submissions to the Minister about the proposal to exercise the power. (sec.120-ssec.4) For subsection (3) (a) , if the power the Minister proposes to exercise relates to a failure by a councillor to comply with a councillor training provision, the notice must state— for a failure to comply within the period required under the councillor training provision—that the Minister proposes to suspend the councillor until the councillor complies with the training provision; or for a failure to comply within 1 year after the period required under the councillor training provision—that the Minister proposes to dismiss the councillor. (sec.120-ssec.5) The reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. (sec.120-ssec.6) The Minister must have regard to all submissions that are made by the local government or councillor within the time specified in the notice. (sec.120-ssec.7) If— the Minister receives no submissions from the local government or councillor within the time specified in the notice; or the submissions from the local government or councillor do not contain reasonable grounds to persuade the Minister not to exercise the power; the Minister may exercise the power without further notice to the local government or councillor. (sec.120-ssec.8) In this section— councillor training provision means section 169A or the City of Brisbane Act 2010 , section 169A . - (a) the local government or councillor asked the Minister to exercise the power; or - (b) if the Minister proposes to exercise a power under section 122 or 123 —the conduct tribunal has made a recommendation under section 150AR to suspend or dismiss a councillor; or - (c) the Minister considers that giving notice— (i) is likely to defeat the purpose of the exercise of the power; or (ii) would serve no useful purpose. - (i) is likely to defeat the purpose of the exercise of the power; or - (ii) would serve no useful purpose. - (i) is likely to defeat the purpose of the exercise of the power; or - (ii) would serve no useful purpose. - (a) the power that the Minister proposes to exercise; and - (b) the reasons for exercising the power; and - (c) any remedial action that the local government or councillor should take; and - (d) a reasonable time within which the local government or councillor may make submissions to the Minister about the proposal to exercise the power. - (a) for a failure to comply within the period required under the councillor training provision—that the Minister proposes to suspend the councillor until the councillor complies with the training provision; or - (b) for a failure to comply within 1 year after the period required under the councillor training provision—that the Minister proposes to dismiss the councillor. - (a) the Minister receives no submissions from the local government or councillor within the time specified in the notice; or - (b) the submissions from the local government or councillor do not contain reasonable grounds to persuade the Minister not to exercise the power;