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

(a1)  while a member of the Parliament of New South Wales, except as provided by subsections (5) and (7), or

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

(c)  while serving a sentence (including a sentence the subject of an intensive correction order) 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.

(5)  If:

(a)  on the commencement of this subsection, a member of the Parliament of New South Wales is a councillor or mayor, or

(b)  after the commencement of this subsection, a councillor or mayor becomes a member of the Parliament of New South Wales,

      the person is not disqualified from holding civic office because of subsection (1) (a1) for the balance of the person’s term of office as a councillor or for the period of 2 years (whichever is the shorter period).

(6)  Subsection (5) does not apply where a councillor or mayor becomes a member of the Parliament of New South Wales after the commencement of that subsection and within 12 months after last ceasing to be a member of that Parliament.

(7)  Despite anything to the contrary in this Chapter, a member of the Parliament of New South Wales is not disqualified because of subsection (1) (a1) from being nominated for election or being elected to a civic office. If elected, the person is disqualified from holding that civic office unless:

(a)  the person has ceased to be a member of that Parliament before the first meeting of the council concerned after the election, or

(b)  it is an election as mayor by the councillors during the period that the person is not disqualified by the operation of subsection (5).

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