38Penalty for acting as a Councillor when not qualified or ceasing to hold office

38 Penalty for acting as a Councillor when not qualified or ceasing to hold office (1) A person must not act as a Councillor if the person knows, or should reasonably know, that they— (a) are not qualified to be a Councillor; or (b) have ceased to hold the office of Councillor. Penalty: 120 penalty units or 12 months imprisonment. (2) If a person is found guilty or convicted of an offence under subsection (1), the court may order that the person return to the Council any allowances, reimbursements, equipment or materials the person received as a result of acting as a Councillor for the period that the person— (a) acted as a Councillor when not qualified to do so; or (b) had ceased to hold the office of Councillor. (3) A person who— (a) acts as a Councillor while— (i) not qualified to be a Councillor; or (ii) having ceased to hold the office of Councillor; and (b) engages in conduct that would constitute an offence under this Act if that person were a Councillor— is guilty of that offence as if that person were a Councillor.