21Disqualifications for membership of Legislative Assembly

#### 21 Disqualifications for membership of Legislative Assembly (1) A person is not qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination: (a) he or she: (i) holds an office or appointment (other than a prescribed office or appointment) under a law of the Commonwealth (including this Act) or a law of a State or Territory; or (ii) not being the holder of any office or appointment under such a law, is employed by the Commonwealth, by a State or Territory or by a body corporate established for a public purpose by such a law; and he or she is entitled to any remuneration or allowance (other than reimbursement of expenses reasonably incurred) in respect of that office, appointment or employment; (b) he or she is an undischarged bankrupt; or (c) he or she has been convicted and is under sentence of imprisonment for one year or longer for an offence against the law of the Commonwealth or of a State or Territory. (1A) In subparagraph (1)(a)(i), prescribed office or appointment means: (a) the office of member of the Legislative Assembly, member of the Council, Minister of the Territory or Speaker of the Legislative Assembly; or (b) an appointment under section 25 or 26. (2) A member of the Legislative Assembly vacates his or her office if: (a) he or she becomes a person to whom any of the paragraphs of subsection (1) applies; (b) he or she ceases to be an Australian citizen; (c) he or she fails to attend the Legislative Assembly for 3 consecutive sitting days of the Assembly without the permission of the Assembly; (d) he or she ceases to be entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; or (e) he or she takes or agrees to take, directly or indirectly, any remuneration, allowance or honorarium for services rendered in the Legislative Assembly, otherwise than in accordance with an enactment that provides for remuneration and allowances to be paid to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council or Ministers of the Territory. (3) A member of the Legislative Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory under which goods or services are to be supplied to the Territory shall not take part in a discussion of a matter, or vote on a question, in the Legislative Assembly where the matter or question relates directly or indirectly to that contract. (4) Any question concerning the application of subsection (3) shall be decided by the Legislative Assembly, and a contravention of that subsection does not affect the validity of anything done by the Legislative Assembly.