QLDIn ForceAct
Local Government Act 2009
sec.330Existing charge for new disqualifying offence
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### sec.330 Existing charge for new disqualifying offence
This section applies if a proceeding for a new 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 175K.
Immediately after the commencement, the councillor must give a written notice about the proceeding for the new disqualifying offence 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—the mayor;
the chief executive officer;
Maximum penalty—100 penalty units.
For subsection (4), the notice must state—
the provision of the law to which the proceeding for the new disqualifying offence relates; and
the day the councillor was charged with the offence.
The notice is taken to be a notice mentioned in section 175P(1)(a).
The information contained in the notice is taken to be criminal history information for section 175Q.
s 330 ins 2019 No. 30 s 120
(sec.330-ssec.1) This section applies if a proceeding for a new disqualifying offence against a councillor had started before the commencement but has not ended.
(sec.330-ssec.2) The councillor is automatically suspended as a councillor on the commencement.
(sec.330-ssec.3) Chapter 6, part 2, division 7 applies in relation to the councillor as if the councillor was suspended under section 175K.
(sec.330-ssec.4) Immediately after the commencement, the councillor must give a written notice about the proceeding for the new disqualifying offence 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—the mayor; the chief executive officer; Maximum penalty—100 penalty units.
(sec.330-ssec.5) For subsection (4), the notice must state— the provision of the law to which the proceeding for the new disqualifying offence relates; and the day the councillor was charged with the offence.
(sec.330-ssec.6) The notice is taken to be a notice mentioned in section 175P(1)(a).
(sec.330-ssec.7) The information contained in the notice is taken to be criminal history information for section 175Q.
- (a) the Minister;
- (b) if the councillor is not the mayor—the mayor;
- (c) the chief executive officer;
- (a) the provision of the law to which the proceeding for the new disqualifying offence relates; and
- (b) the day the councillor was charged with the offence.