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This is a Bill, not an Act. For current law, see the Acts databases.


LOCAL GOVERNMENT AMENDMENT (MEMBERS OF PARLIAMENT) BILL 2012





 


 

ocal Government Amendment (Members of Parliament) Bill 2012 No , 2012 A Bill for An Act to amend the Local Government Act 1993 to prevent a member of Parliament from also holding office as a councillor or mayor. Clause 1 Local Government Amendment (Members of Parliament) Bill 2012 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Local Government Amendment (Members of 3 Parliament) Act 2012. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 Page 2 Local Government Amendment (Members of Parliament) Bill 2012 Amendment of Local Government Act 1993 No 30 Schedule 1 Schedule 1 Amendment of Local Government Act 1 1993 No 30 2 [1] Section 275 Who is disqualified from holding civic office? 3 Insert after section 275 (1) (a): 4 (a1) while a member of the Parliament of New South Wales, 5 except as provided by subsections (5) and (7), or 6 [2] Section 275 (5)-(7) 7 Insert after section 275 (4): 8 (5) If: 9 (a) on the commencement of this subsection, a member of the 10 Parliament of New South Wales is a councillor or mayor, 11 or 12 (b) after the commencement of this subsection, a councillor or 13 mayor becomes a member of the Parliament of New South 14 Wales, 15 the person is not disqualified from holding civic office because of 16 subsection (1) (a1) for the balance of the person's term of office 17 as a councillor or for the period of 2 years (whichever is the 18 shorter period). 19 (6) Subsection (5) does not apply where a councillor or mayor 20 becomes a member of the Parliament of New South Wales after 21 the commencement of that subsection and within 12 months after 22 last ceasing to be a member of that Parliament. 23 (7) Despite anything to the contrary in this Chapter, a member of the 24 Parliament of New South Wales is not disqualified because of 25 subsection (1) (a1) from being nominated for election or being 26 elected to a civic office. If elected, the person is disqualified from 27 holding that civic office unless: 28 (a) the person has ceased to be a member of that Parliament 29 before the first meeting of the council concerned after the 30 election, or 31 (b) it is an election as mayor by the councillors during the 32 period that the person is not disqualified by the operation 33 of subsection (5). 34 Page 3 Local Government Amendment (Members of Parliament) Bill 2012 Schedule 1 Amendment of Local Government Act 1993 No 30 [3] Schedule 8 Savings, transitional and other provisions consequent on 1 the enactment of other Acts 2 Insert at the end of clause 1 (1): 3 Local Government Amendment (Members of Parliament) Act 4 2012 5 Page 4

 


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