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