Commonwealth Consolidated Acts

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NORFOLK ISLAND ACT 1979 - SECT 39

Disqualifications for membership of Legislative Assembly

             (1)  A person is not qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:

                     (a)  he or she is an undischarged bankrupt;

                     (b)  he or she has been convicted and is under sentence of imprisonment for one year or longer for an offence against the law of the Commonwealth or of a State or Territory;

                     (c)  he or she is a member of the Police Force of the Territory or of the Commonwealth; or

                     (d)  he or she is the holder of an office or appointment under a law of the Commonwealth or of the Territory, being an office or appointment that is prescribed for the purposes of this paragraph.

             (2)  A member of the Legislative Assembly vacates his or her office if:

                     (a)  he or she becomes a person to whom any of the paragraphs of subsection (1) applies; or

                     (c)  he or she fails to attend the Legislative Assembly for 3 consecutive meetings of the Legislative Assembly without the permission of the Legislative Assembly; or

                     (d)  he or she ceases to be entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; or

                   (da)  he or she ceases to be an Australian citizen; or

                     (e)  he or she takes or agrees to take, directly or indirectly, any remuneration, allowance, honorarium or reward for services rendered in the Legislative Assembly, otherwise than in accordance with section 65.

             (3)  A member of the Legislative Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Commonwealth or the Administration under which goods or services are to be supplied to the Commonwealth or the Administration shall not take part in a discussion of a matter, or vote on a question, in the Legislative Assembly where the matter or question relates directly or indirectly to that contract.

             (4)  Any question concerning the application of subsection (3) shall be decided by the Legislative Assembly, and a contravention of that subsection does not affect the validity of anything done by the Legislative Assembly.



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