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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 15 October 2019 at 08:40)
Chapter 10 Part 2
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
(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 7 years before nomination for election, election or appointment to the office, convicted in New South Wales of an offence that is punishable by imprisonment for 5 years or more, or convicted in another State or Territory, or under a law of the Commonwealth, of an offence that, if committed in New South Wales, would be an offence so punishable, or
(e1)  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 Election Funding, Expenditure and Disclosures Act 1981 that is punishable by imprisonment for 2 years or more, 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.
(1A)  If:
(a)  an order for suspension from civic office for misconduct is made (after the commencement of this subsection) against a person under this Act by the Departmental Chief Executive or the Civil and Administrative Tribunal on a referral from the Departmental Chief Executive, and
(b)  it is the third or subsequent such order that has been made against the person (including orders made before the commencement of this subsection),
the person is disqualified from holding civic office for 5 years after the date the order takes effect.
(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 former Administrative Decisions Tribunal or the Civil and Administrative 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.
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?
(1)  The holder of a civic office is eligible for re-election, subject to this Act.
(2)  The holder of a civic office is not disqualified from being re-elected merely because the holder, or the council, is suspended under this Act.