sec.331Existing conviction for new disqualifying offence

### sec.331 Existing conviction for new disqualifying offence This section applies if— before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and on the commencement, the disqualifying period for the offence would not have ended. The councillor automatically stops being a councillor on the commencement. Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) 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 (3), the notice must state— the provision of the law against which the councillor was convicted; and the day the councillor was convicted. Section 153(7) applies in relation to 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. In this section— conviction includes a spent conviction. disqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor. s 331 ins 2019 No. 30 s 120 (sec.331-ssec.1) This section applies if— before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and on the commencement, the disqualifying period for the offence would not have ended. (sec.331-ssec.2) The councillor automatically stops being a councillor on the commencement. (sec.331-ssec.3) Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) 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.331-ssec.4) For subsection (3), the notice must state— the provision of the law against which the councillor was convicted; and the day the councillor was convicted. (sec.331-ssec.5) Section 153(7) applies in relation to the offence. (sec.331-ssec.6) The notice is taken to be a notice mentioned in section 175P(1)(a). (sec.331-ssec.7) The information contained in the notice is taken to be criminal history information for section 175Q. (sec.331-ssec.8) In this section— conviction includes a spent conviction. disqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor. - (a) before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and - (b) on the commencement, the disqualifying period for the offence would not have ended. - (a) the Minister; - (b) if the councillor is not the mayor—the mayor; - (c) the chief executive officer. - (a) the provision of the law against which the councillor was convicted; and - (b) the day the councillor was convicted.