QLDIn ForceAct
Local Government Act 2009
sec.351Preliminary assessments for particular former councillors
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### sec.351 Preliminary assessments for particular former councillors
This section applies if—
before the commencement—
the assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or
the assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and
on or after the commencement, the investigation is discontinued under section 347(5) or the referral is withdrawn under section 350(1)(c)(i) and (2); and
within 12 months after the commencement the former councillor is elected or appointed as a councillor for a new term of office.
The assessor must make a preliminary assessment under new chapter 5A, part 3, division 3A of the matter as if it were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).
New chapter 5A applies in relation to the conduct as if the complaint, notice or information were made or given to the assessor on the day the new term of office starts.
s 351 ins 2023 No. 30 s 102
(sec.351-ssec.1) This section applies if— before the commencement— the assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or the assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and on or after the commencement, the investigation is discontinued under section 347(5) or the referral is withdrawn under section 350(1)(c)(i) and (2); and within 12 months after the commencement the former councillor is elected or appointed as a councillor for a new term of office.
(sec.351-ssec.2) The assessor must make a preliminary assessment under new chapter 5A, part 3, division 3A of the matter as if it were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).
(sec.351-ssec.3) New chapter 5A applies in relation to the conduct as if the complaint, notice or information were made or given to the assessor on the day the new term of office starts.
- (a) before the commencement— (i) the assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or (ii) the assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and
- (i) the assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or
- (ii) the assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and
- (b) on or after the commencement, the investigation is discontinued under section 347(5) or the referral is withdrawn under section 350(1)(c)(i) and (2); and
- (c) within 12 months after the commencement the former councillor is elected or appointed as a councillor for a new term of office.
- (i) the assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or
- (ii) the assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and