Victorian Numbered Acts Victorian Numbered Acts(1) A person is qualified to be a Councillor of a Council if the person—
(a) has attained the age of 18 years; and
(b) is an Australian citizen or an eligible British subject referred to in section 48(1)(a) of the Constitution Act 1975 ; and
(c) is enrolled on the voters' roll for the Council or would be enrolled on the voters' roll for the Council on a particular day if a voters' roll were to be prepared on that particular day; and
(d) is not a person to whom subsection (2) applies.
(2) A person is not qualified to be a Councillor of a Council if the person—
(a) is a member of the Parliament of Victoria or of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or
(b) is employed as a Ministerial officer, a Parliamentary adviser or an electorate officer by a member of the Parliament of Victoria or in a corresponding position (however designated) by, or for, a member of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or
(c) is a Councillor of another Council constituted under this Act or a member of a corresponding body (however designated) under an Act of another State or a Territory of the Commonwealth; or
(d) is a member of Council staff of the Council; or
(e) is an undischarged bankrupt; or
(f) has property that is subject to control under the law relating to bankruptcy; or
(g) has failed to take the oath or affirmation of office of Councillor at any Council when required under this Act during the current term of office of that Council; or
(h) has been disqualified from being a Councillor after a finding by VCAT of gross misconduct, for the period that the period of disqualification specified in the order made by VCAT is in force; or
(i) has been subject to 2 or more findings of serious misconduct by a separate Councillor Conduct Panel under section 167 in the preceding 8 years and the period during which the person can apply under section 170 to VCAT for a review of those findings has expired, for the period of 4 years following the second finding of serious misconduct during which the disqualification is in force; or
(j) has been convicted of the offence of failing to lodge an election campaign donation return in relation to the current term of the Council; or
(k) has been convicted of an offence against this Act in the preceding 8 years for which the maximum penalty is at least 120 penalty units or a period of imprisonment of at least 12 months; or
(l) has been convicted of an offence in the preceding 8 years, committed when the person was of or over 18 years of age, which is punishable upon first conviction for a term of imprisonment of 2 years or more under the law of Victoria, or the law of any other State, or a Territory of the Commonwealth, or the law of the Commonwealth; or
(m) is disqualified from managing corporations under Part 2D.6 of the Corporations Act.
(3) If a Councillor becomes aware that they have ceased to be qualified to be a Councillor of a Council, the Councillor must immediately give notice in writing to the Chief Executive Officer of the Council that they have ceased to be qualified to be a Councillor of the Council.