New South Wales Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 440B

Dismissal and disqualification from civic office for serious corrupt conduct

440B Dismissal and disqualification from civic office for serious corrupt conduct

(1) The Governor may dismiss a person from civic office and disqualify the person from holding civic office for a period not exceeding 5 years if--
(a) the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988 , recommends that consideration be given to the suspension of the person from office with a view to his or her dismissal for serious corrupt conduct, and
(b) the person is suspended from the civic office by the Minister under this Division, and
(c) the Minister advises the Governor that the dismissal of the person is necessary in order to protect the public standing of the council concerned and the proper exercise of its functions.
(1A) If--
(a) a recommendation has been made as referred to in subsection (1)(a) about a person, and
(b) the person has since ceased to hold civic office, and
(c) the Minister advises the Governor that disqualification of the person from holding civic office is necessary in order to protect the public standing of councils and the proper exercise of their functions,
the Governor may disqualify the person from holding civic office for a period not exceeding 5 years.
(2) Before advising the Governor on a dismissal or disqualification, the Minister is to give the person a reasonable opportunity to show cause why he or she should not be dismissed or disqualified from civic office.



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