34Qualification to be a Councillor

34 Qualification to be a Councillor (1) A person is qualified to be a Councillor of a Council if the person— (a) has attained the age of 18 years; and (b) is an Australian citizen or an eligible British subject referred to in section 48(1)(a) of the **Constitution Act** **1975**; and (c) is enrolled on the voters' roll for the Council or would be enrolled on the voters' roll for the Council on a particular day if a voters' roll were to be prepared on that particular day; and S. 34(1)(d) amended by No. 23/2024 s. 6(1). (d) is not a person to whom subsection (2) or (2A) applies. (2) A person is not qualified to be a Councillor of a Council if the person— (a) is a member of the Parliament of Victoria or of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or (b) is employed as a Ministerial officer, a Parliamentary adviser or an electorate officer by a member of the Parliament of Victoria or in a corresponding position (however designated) by, or for, a member of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or (c) is a Councillor of another Council constituted under this Act or a member of a corresponding body (however designated) under an Act of another State or a Territory of the Commonwealth; or (d) is a member of Council staff of the Council; or (e) is an undischarged bankrupt; or (f) has property that is subject to control under the law relating to bankruptcy; or (g) has failed to take the oath or affirmation of office of Councillor at any Council when required under this Act during the current term of office of that Council; or (h) has been disqualified from being a Councillor after a finding by VCAT of gross misconduct, for the period that the period of disqualification specified in the order made by VCAT is in force; or (i) has been subject to 2 or more findings of serious misconduct by a separate Councillor Conduct Panel under section 167 in the preceding 8 years and the period during which the person can apply under section 170 to VCAT for a review of those findings has expired, for the period of 4 years following the second finding of serious misconduct during which the disqualification is in force; or S. 34(2)(ia) inserted by No. 23/2024 s. 6(2). (ia) is the subject of an Order under section 34A that has not been disallowed by a resolution of either House of Parliament; or S. 34(2)(ib) inserted by No. 23/2024 s. 6(2). (ib) has been subject to 2 or more Orders under section 229A in the preceding 8 years and the period during which the second of those Orders may be disallowed by a resolution of either House of Parliament has expired, for the period of 4 years following the expiry of that disallowance period; or (j) has been convicted of the offence of failing to lodge an election campaign donation return in relation to the current term of the Council; or (k) has been convicted of an offence against this Act in the preceding 8 years for which the maximum penalty is at least 120 penalty units or a period of imprisonment of at least 12 months; or (l) has been convicted of an offence in the preceding 8 years, committed when the person was of or over 18 years of age, which is punishable upon first conviction for a term of imprisonment of 2 years or more under the law of Victoria, or the law of any other State, or a Territory of the Commonwealth, or the law of the Commonwealth; or (m) is disqualified from managing corporations under Part 2D.6 of the Corporations Act. S. 34(2A) inserted by No. 23/2024 s. 6(3). (2A) A person is disqualified from being a Councillor for the period determined under subsection (2B) if— (a) the person has been subject to a finding of serious misconduct by a Councillor Conduct Panel under section 167 in the preceding 8 years and the period during which the person can apply under section 170 to VCAT for a review of that finding has expired; and (b) the person has been subject to an Order under section 229A in the preceding 8 years and the period during which that Order may be disallowed by a resolution of either House of Parliament has expired. S. 34(2B) inserted by No. 23/2024 s. 6(3). (2B) For the purposes of subsection (2A), the period of disqualification is the later of the following periods— (a) 4 years following the finding of serious misconduct; (b) 4 years following the expiry of the disallowance period specified in subsection (2A)(b). (3) If a Councillor becomes aware that they have ceased to be qualified to be a Councillor of a Council, the Councillor must immediately give notice in writing to the Chief Executive Officer of the Council that they have ceased to be qualified to be a Councillor of the Council. S. 34A inserted by No. 23/2024 s. 7.