South Australian Current Acts South Australian Current Acts55A—Leave of absence—council member contesting election
(1) If a person
holding office as a member of a council stands as a candidate for election as
a member of the Parliament of the State, the member will be taken to have been
granted leave of absence from the office of member of the council from the
date on which nominations for the election close until the result of the
election is publicly declared.
(2) Leave of absence
under subsection (1) extends to all other offices held in the person's
capacity as a member of the council or by virtue of being a member of the
council.
(3)
Subsection (1) does not apply if the nomination of a member of a council
as a candidate for election is revoked (as a result of the member's withdrawal
of their consent to stand as a candidate).
(4) Despite any other
Act or law, or any determination of the Remuneration Tribunal, a member of a
council who is taken to have been granted leave of absence in accordance with
this section is not entitled to receive any allowance in respect of the
member's office, or reimbursement of expenses that the member would otherwise
be entitled to under this Act, for the period of leave.
(5) A person who is
taken to have been granted leave of absence from the office of member of a
council under this section must not, during the period of leave—
(a) use
any facility, service or other form of support provided by the council to its
members to assist the members in performing or discharging official functions
and duties (not being a facility, service or form of support generally
provided to members of the public by the council); or
(b)
carry out any function or duty of the office of member of the council.
Maximum penalty: $15 000.
(6) The following
provisions apply during the period of the leave of absence of a member of a
council to whom this clause applies:
(a) the
member is not required—
(i)
to submit a return for the purposes of the Register of
Interests in accordance with Chapter 5 Part 4 Division 1
Subdivision 2; or
(ii)
if relevant, to notify the chief executive officer of a
change or variation of a kind referred to in section 67(1),
provided that, on the cessation of the suspension, the member—
(iii)
submits any return for the purposes of the Register of
Interests that the member would, but for the suspension, have been required to
submit in accordance with Chapter 5 Part 4 Division 1
Subdivision 2 during the period of suspension; and
(iv)
notifies the chief executive officer of a change or
variation of a kind referred to in section 67(1) of which the member
would, but for the suspension, have been required to notify the
chief executive officer under section 67(1) during the period of
suspension;
(b) to
avoid doubt, section 54(1)(d) does not apply to the member.