sec.150MDealing with particular conduct if councillor elected or appointed after vacating office

### sec.150M Dealing with particular conduct if councillor elected or appointed after vacating office This section applies if— the conduct (the relevant conduct ) of a person who is a councillor is the subject of— a complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or an investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or an application by the assessor (the initial application ) under section 150AJ ; and the person’s office as councillor is vacated— for an initial assessment—before a decision is made under section 150SD ; or for an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or for an initial application—before the application about the relevant conduct is decided under division 6 ; and within 12 months after the office is vacated, the person is elected or appointed as a councillor for a new term of office. As soon as practicable after the person is elected or appointed— if subsection (1) (a) (i) applies—the assessor must make a new preliminary assessment under division 3A of the complaint, notice or information relating to the relevant conduct of the councillor as if the initial assessment had not been started; or if subsection (1) (a) (ii) applies—the assessor or local government must investigate the relevant conduct of the councillor under division 4 or 5 as if the initial investigation had not been started; or if subsection (1) (a) (iii) applies—the assessor must apply to the conduct tribunal under section 150AJ in relation to the relevant conduct of the councillor as if the initial application had not been made. For an investigation under subsection (2) (b) , the assessor or local government may consider any information obtained during the initial investigation of the relevant conduct. s 150M ins 2018 No. 8 s 12 sub 2023 No. 30 s 44 amd 2026 No. 5 s 80 (uncommenced amendment) (sec.150M-ssec.1) This section applies if— the conduct (the relevant conduct ) of a person who is a councillor is the subject of— a complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or an investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or an application by the assessor (the initial application ) under section 150AJ ; and the person’s office as councillor is vacated— for an initial assessment—before a decision is made under section 150SD ; or for an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or for an initial application—before the application about the relevant conduct is decided under division 6 ; and within 12 months after the office is vacated, the person is elected or appointed as a councillor for a new term of office. (sec.150M-ssec.2) As soon as practicable after the person is elected or appointed— if subsection (1) (a) (i) applies—the assessor must make a new preliminary assessment under division 3A of the complaint, notice or information relating to the relevant conduct of the councillor as if the initial assessment had not been started; or if subsection (1) (a) (ii) applies—the assessor or local government must investigate the relevant conduct of the councillor under division 4 or 5 as if the initial investigation had not been started; or if subsection (1) (a) (iii) applies—the assessor must apply to the conduct tribunal under section 150AJ in relation to the relevant conduct of the councillor as if the initial application had not been made. (sec.150M-ssec.3) For an investigation under subsection (2) (b) , the assessor or local government may consider any information obtained during the initial investigation of the relevant conduct. - (a) the conduct (the relevant conduct ) of a person who is a councillor is the subject of— (i) a complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or (ii) an investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or (iii) an application by the assessor (the initial application ) under section 150AJ ; and - (i) a complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or - (ii) an investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or - (iii) an application by the assessor (the initial application ) under section 150AJ ; and - (b) the person’s office as councillor is vacated— (i) for an initial assessment—before a decision is made under section 150SD ; or (ii) for an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or (iii) for an initial application—before the application about the relevant conduct is decided under division 6 ; and - (i) for an initial assessment—before a decision is made under section 150SD ; or - (ii) for an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or - (iii) for an initial application—before the application about the relevant conduct is decided under division 6 ; and - (c) within 12 months after the office is vacated, the person is elected or appointed as a councillor for a new term of office. - (i) a complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or - (ii) an investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or - (iii) an application by the assessor (the initial application ) under section 150AJ ; and - (i) for an initial assessment—before a decision is made under section 150SD ; or - (ii) for an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or - (iii) for an initial application—before the application about the relevant conduct is decided under division 6 ; and - (a) if subsection (1) (a) (i) applies—the assessor must make a new preliminary assessment under division 3A of the complaint, notice or information relating to the relevant conduct of the councillor as if the initial assessment had not been started; or - (b) if subsection (1) (a) (ii) applies—the assessor or local government must investigate the relevant conduct of the councillor under division 4 or 5 as if the initial investigation had not been started; or - (c) if subsection (1) (a) (iii) applies—the assessor must apply to the conduct tribunal under section 150AJ in relation to the relevant conduct of the councillor as if the initial application had not been made.