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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 8 January 2019 to date (accessed 25 June 2019 at 04:21)
Chapter 10 Part 9 Section 329
329   Can the holder of a civic office be dismissed?
(1)  Any person may apply to the Civil and Administrative Tribunal for an order that a person be dismissed from civic office.
(2)  On any such application, the Tribunal may order the dismissal of a person from civic office:
(a)  if there has been any irregularity in the manner in which the person has been elected or appointed to that office, or
(b)  if the person is disqualified from holding civic office.
(3)  Proceedings based on the ground that there has been an irregularity in the manner in which a person has been elected or appointed to civic office may not be commenced more than 3 months after the date of the person’s election or appointment to that office.
(4)  If the proceedings are based on the ground that a person is disqualified from holding civic office, the Tribunal may refuse to order the dismissal of the person from that office if it is satisfied:
(a)  that the facts and circumstances giving rise to the disqualification are of a trifling character, and
(b)  that the acts which gave rise to that disqualification were done in good faith and without knowledge that the person would incur disqualification by doing those acts.
(5)  Subsection (4) does not apply to a person who is disqualified from holding civic office by a decision of the Governor under section 440B.
(6)    (Repealed)