sec.350Particular conduct tribunal applications to be withdrawn

### sec.350 Particular conduct tribunal applications to be withdrawn This section applies if— before the commencement, the assessor had applied to the conduct tribunal in relation to conduct engaged in by a councillor, including a former councillor, under former section 150AJ; and immediately before the commencement, the conduct tribunal had not made a decision under section 150AQ; and 1 or more of the following circumstances applies— the councillor was a former councillor when the application was made; after the commencement, the office of the councillor is vacated; the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct; the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii); the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting; the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g); the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate; the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party. The assessor must, before the application is decided, withdraw— if a circumstance mentioned in subsection (1)(c)(i), (ii) or (iv) applies—the application; or otherwise—the part of the application relating to the circumstance. If the application, or part of the application, is withdrawn under subsection (2), the assessor must, as soon as practicable— give a notice to the conduct tribunal advising of the withdrawal; and give a copy of the notice to— if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and the councillor or former councillor; and the local government. s 350 ins 2023 No. 30 s 102 (sec.350-ssec.1) This section applies if— before the commencement, the assessor had applied to the conduct tribunal in relation to conduct engaged in by a councillor, including a former councillor, under former section 150AJ; and immediately before the commencement, the conduct tribunal had not made a decision under section 150AQ; and 1 or more of the following circumstances applies— the councillor was a former councillor when the application was made; after the commencement, the office of the councillor is vacated; the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct; the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii); the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting; the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g); the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate; the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party. (sec.350-ssec.2) The assessor must, before the application is decided, withdraw— if a circumstance mentioned in subsection (1)(c)(i), (ii) or (iv) applies—the application; or otherwise—the part of the application relating to the circumstance. (sec.350-ssec.3) If the application, or part of the application, is withdrawn under subsection (2), the assessor must, as soon as practicable— give a notice to the conduct tribunal advising of the withdrawal; and give a copy of the notice to— if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and the councillor or former councillor; and the local government. - (a) before the commencement, the assessor had applied to the conduct tribunal in relation to conduct engaged in by a councillor, including a former councillor, under former section 150AJ; and - (b) immediately before the commencement, the conduct tribunal had not made a decision under section 150AQ; and - (c) 1 or more of the following circumstances applies— (i) the councillor was a former councillor when the application was made; (ii) after the commencement, the office of the councillor is vacated; (iii) the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct; (iv) the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii); (v) the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting; (vi) the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g); (vii) the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate; (viii) the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party. - (i) the councillor was a former councillor when the application was made; - (ii) after the commencement, the office of the councillor is vacated; - (iii) the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct; - (iv) the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii); - (v) the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting; - (vi) the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g); - (vii) the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate; - (viii) the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party. - (i) the councillor was a former councillor when the application was made; - (ii) after the commencement, the office of the councillor is vacated; - (iii) the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct; - (iv) the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii); - (v) the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting; - (vi) the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g); - (vii) the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate; - (viii) the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party. - (a) if a circumstance mentioned in subsection (1)(c)(i), (ii) or (iv) applies—the application; or - (b) otherwise—the part of the application relating to the circumstance. - (a) give a notice to the conduct tribunal advising of the withdrawal; and - (b) give a copy of the notice to— (i) if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and (ii) the councillor or former councillor; and (iii) the local government. - (i) if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and - (ii) the councillor or former councillor; and - (iii) the local government. - (i) if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and - (ii) the councillor or former councillor; and - (iii) the local government.