Part 2 Who may be elected?

274   What are the qualifications for civic office?

A person is qualified to hold civic office if:

(a)  the person is entitled to be enrolled as an elector, and

(b)  the person is not disqualified from holding civic office by this Act, and

(c)  the person is not prevented from being elected to civic office by section 276 (2).

275   Who is disqualified from holding civic office?

(1)  A person is disqualified from holding civic office:

(a)  while disqualified from being an elector, or

(b)  while a judge of any court of the State or the Commonwealth, or

(c)  while serving a sentence (whether or not by way of periodic detention) for a serious indictable offence or any other offence, except a sentence imposed for a failure to pay a fine, or

(d)  if he or she is while holding that office, or has been within 2 years before nomination for election, election or appointment to the office, convicted of an offence under the regulations made for the purposes of section 748 (3), or

(e)  if he or she is while holding that office, or has been within 5 years before nomination for election, election or appointment to the office, convicted of an offence referred to in Part 4 of the Crimes Act 1900 (Offences relating to property), or

(f)  while a surcharge, payable by the person under Part 5 of Chapter 13 and not paid within 6 months after it became payable, remains unpaid, or

(g)  while disqualified from holding a civic office under a provision of this Act or Part 4A of the Crimes Act 1900 (Corruptly receiving commissions and other corrupt practices), or

(h)  while disqualified from managing a corporation under Part 2D.6 of the Corporations Act 2001 of the Commonwealth.

(2)  A person is disqualified from holding civic office on a council if he or she is an employee of the council or holds an office or place of profit under the council.

(3)  A person is not disqualified from holding a civic office only because, while holding the civic office, the person ceases to be a resident in the area, to own property in the area or to be an occupier or ratepaying lessee of rateable land in the area.

(4)  A person is taken not to be disqualified from holding civic office if the Administrative Decisions Tribunal, in proceedings under section 329, has refused to order the dismissal of the person in circumstances to which subsection (4) of that section applies.

Note. If a person while holding civic office becomes subject to disqualification under this section, the office becomes vacant under section 234.

276   What is the effect of disqualification?

(1)  A person who is disqualified from holding civic office may not be elected or appointed to a civic office and may not hold, or act in, a civic office.

(2)  A person who vacates the office of councillor by resignation or disqualification may not be elected to a civic office in the same area (and may not hold, or act in, a civic office in the same area) until:

(a)  if the person is not disqualified—the first anniversary of the vacation of office, or the next ordinary election for the area (whichever occurs first), or

(b)  if the person is disqualified—the first ordinary election after the person ceases to be disqualified.

(3)  A person convicted of an offence under Part 6 of Chapter 16 for acting in a civic office while disqualified under section 275:

(a)  is disqualified from holding civic office for 7 years from the time of conviction, unless the court determines a shorter period, and

(b)  is not entitled to receive or recover from the council any money relating to the civic office in respect of the period in which the person is disqualified.

(4)  The council may, within 2 years after the person so convicted receives money from the council relating to the civic office in respect of the period in which the person is disqualified, recover the money from the person as a debt.

277   May the holder of a civic office be re-elected?

The holder of a civic office is eligible for re-election, subject to this Act.