QLDIn ForceAct
Local Government Act 2009
sec.153Disqualification for certain offences or if dismissed
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### sec.153 Disqualification for certain offences or if dismissed
A person can not be a councillor—
after the person is convicted of a treason offence, unless the person is pardoned of the treason offence; or
for 10 years after the person is convicted of an electoral offence; or
for 7 years after the person is convicted of a serious integrity offence; or
for 4 years after the person is convicted of an integrity offence; or
for the remainder of the term before the next quadrennial elections, if the person has been dismissed.
A treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth.
An electoral offence is—
a disqualifying electoral offence under the Electoral Act ; or
an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .
A serious integrity offence is an offence against—
a provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or
a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .
An integrity offence is an offence against a provision of a law mentioned in schedule 1 , part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.
A person automatically stops being a councillor when the person is convicted of any of the following offences (each a disqualifying offence )—
a treason offence; or
an electoral offence; or
a serious integrity offence; or
an integrity offence.
A person is taken to have been convicted of an offence—
if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or
if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.
In this section—
dismissed means dismissed as a councillor—
under section 122 ; or
because of the dissolution of the local government under section 123 .
s 153 amd 2011 No. 27 s 273 ; 2012 No. 33 s 192 sch ; 2013 No. 60 s 13 ; 2018 No. 9 s 22 ; 2019 No. 30 s 134
(sec.153-ssec.1) A person can not be a councillor— after the person is convicted of a treason offence, unless the person is pardoned of the treason offence; or for 10 years after the person is convicted of an electoral offence; or for 7 years after the person is convicted of a serious integrity offence; or for 4 years after the person is convicted of an integrity offence; or for the remainder of the term before the next quadrennial elections, if the person has been dismissed.
(sec.153-ssec.2) A treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth.
(sec.153-ssec.3) An electoral offence is— a disqualifying electoral offence under the Electoral Act ; or an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .
(sec.153-ssec.4) A serious integrity offence is an offence against— a provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .
(sec.153-ssec.5) An integrity offence is an offence against a provision of a law mentioned in schedule 1 , part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.
(sec.153-ssec.6) A person automatically stops being a councillor when the person is convicted of any of the following offences (each a disqualifying offence )— a treason offence; or an electoral offence; or a serious integrity offence; or an integrity offence.
(sec.153-ssec.7) A person is taken to have been convicted of an offence— if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.
(sec.153-ssec.8) In this section— dismissed means dismissed as a councillor— under section 122 ; or because of the dissolution of the local government under section 123 .
- (a) after the person is convicted of a treason offence, unless the person is pardoned of the treason offence; or
- (b) for 10 years after the person is convicted of an electoral offence; or
- (c) for 7 years after the person is convicted of a serious integrity offence; or
- (d) for 4 years after the person is convicted of an integrity offence; or
- (e) for the remainder of the term before the next quadrennial elections, if the person has been dismissed.
- (a) a disqualifying electoral offence under the Electoral Act ; or
- (b) an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .
- (a) a provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or
- (b) a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .
- (a) a treason offence; or
- (b) an electoral offence; or
- (c) a serious integrity offence; or
- (d) an integrity offence.
- (a) if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or
- (b) if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.
- (a) under section 122 ; or
- (b) because of the dissolution of the local government under section 123 .