47Disqualification

47 Disqualification (1) A person is disqualified from office as a member of a council if the person: (a) holds a judicial office; or (b) is bankrupt; or (c) is sentenced to a term of imprisonment of 12 months or more for an offence against the law of the Commonwealth or of a State or Territory in the circumstances specified in subsection (3); or (d) is a staff member of the council; or (e) is a staff member of the local government subsidiary of which the council is a constituent council of the local government subsidiary; or (f) is indebted to the council and fails to discharge the debt within 6 months after the debt becomes due and payable in accordance with the regulations; or (g) is certified mentally unfit to carry out the functions of a member; or (h) is disqualified from managing a corporation under the Corporations Act 2001 or the Corporations (Aboriginal and

Local Government Act 2019 34 (i) is disqualified under section 40 of the Associations Act 2003 from being an officer of an incorporated association; or (j) is a member of the Commonwealth House of Representatives or the Senate; or (k) is determined by NTCAT to be unfit to be a member under section 133; or (l) for the period mentioned in that subsection – is incapable of holding a local government office under section 89(3) of the Criminal Code; or (m) ceases to be enrolled as an elector in respect of a place of residence within the area; or (n) ceases to have a principal place of residence within the area; or (o) is absent, without permission of the council in accordance with the regulations, from 2 consecutive ordinary meetings of the A person is not qualified to be a member of a council if the person is a member of the Legislative Assembly (see section 21(1)(a) of the Northern Territory (Self-Government) Act 1978 (Cth)). (2) For subsection (1)(a), a judicial office includes the following, but does not include a justice of the peace: (a) a Justice of the High Court; (b) a Judge of the Federal Court; (c) a Supreme Court Judge; (d) a Local Court Judge; (e) the President, a Deputy President or an ordinary member of NTCAT. (3) For subsection (1)(c), a person is disqualified if: (a) the person is serving the term of imprisonment of 12 months or more over the period that the person would have otherwise been eligible as a member of a council or a candidate for election as a member of a council; or

Local Government Act 2019 35 (b) the person is sentenced to a term of imprisonment of 12 months or more after the person is elected to be a member of a council. (4) For subsection (1)(g), a person is certified mentally unfit to carry out the functions of a member if 2 medical practitioners have certified that the person is mentally unfit, and likely to remain unfit for the remainder of the person's term of office, to carry out the functions of a member.