QLDIn ForceAct
Local Government Act 2009
sec.326Existing charge for disqualifying offence
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### sec.326 Existing charge for disqualifying offence
This section applies if a proceeding for a disqualifying offence against a councillor had started before the commencement but has not ended.
The councillor is automatically suspended as a councillor on the commencement.
Chapter 6, part 2, division 7 applies in relation to the councillor as if the councillor was suspended under section 182A.
Immediately after the commencement, the councillor must give a notice that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse—
the Minister;
if the councillor is not the mayor of the local government—the mayor;
the chief executive officer of the local government.
Maximum penalty—100 penalty units.
For subsection (4), the notice must state—
the provision of the law against which the councillor was charged; and
the day the councillor was charged.
The information contained in the notice is taken to be criminal history information for section 182G.
s 326 ins 2018 No. 9 s 25B
(sec.326-ssec.1) This section applies if a proceeding for a disqualifying offence against a councillor had started before the commencement but has not ended.
(sec.326-ssec.2) The councillor is automatically suspended as a councillor on the commencement.
(sec.326-ssec.3) Chapter 6, part 2, division 7 applies in relation to the councillor as if the councillor was suspended under section 182A.
(sec.326-ssec.4) Immediately after the commencement, the councillor must give a notice that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor of the local government—the mayor; the chief executive officer of the local government. Maximum penalty—100 penalty units.
(sec.326-ssec.5) For subsection (4), the notice must state— the provision of the law against which the councillor was charged; and the day the councillor was charged.
(sec.326-ssec.6) The information contained in the notice is taken to be criminal history information for section 182G.
- (a) the Minister;
- (b) if the councillor is not the mayor of the local government—the mayor;
- (c) the chief executive officer of the local government.
- (a) the provision of the law against which the councillor was charged; and
- (b) the day the councillor was charged.