s. 30 (b) that person lodges an appeal in respect of the conviction— he or she is taken to be on leave of absence from the office of Councillor and their allowance must be withheld until the appeal is determined or withdrawn. (8) If the conviction referred to in subsection (7) is S. 29(8) inserted by quashed or set aside following the appeal— No. 67/2008 s. 11(3), (a) the leave of absence the Councillor was amended by No. 68/2009 required to take ceases; and s. 97(Sch. item 80.1). (b) the Councillor is entitled to receive any allowances that were withheld during the leave period. S. 30 30 Relief from disqualification amended by No. 15/1992 (1) Any person convicted of an offence referred to in s. 5(2)(b)–(e), section 29(2), and disqualified, may apply to substituted by No. 67/2008 VCAT for relief from that disqualification after a s. 12. period of 4 years from the date of the conviction. (2) VCAT may grant a person who has made an application under subsection (1) relief from disqualification if VCAT is satisfied that the person is a fit and proper person to seek office as a Councillor having regard to— (a) the nature of the offence that gave rise to the disqualification; and (b) the conduct of the person since the disqualification; and (c) any other relevant considerations.
(b) that person lodges an appeal in respect of the conviction— he or she is taken to be on leave of absence from the office of Councillor and their allowance must be withheld until the appeal is determined or withdrawn. S. 29(8) inserted by No. 67/2008 s. 11(3), amended by No. 68/2009 s. 97(Sch. item 80.1). (8) If the conviction referred to in subsection (7) is quashed or set aside following the appeal— (a) the leave of absence the Councillor was required to take ceases; and (b) the Councillor is entitled to receive any allowances that were withheld during the leave period. S. 30 amended by No. 15/1992 s. 5(2)(b)–(e), substituted by No. 67/2008 s. 12. 30 Relief from disqualification s. 30 (1) Any person convicted of an offence referred to in section 29(2), and disqualified, may apply to VCAT for relief from that disqualification after a period of 4 years from the date of the conviction. (2) VCAT may grant a person who has made an application under subsection (1) relief from disqualification if VCAT is satisfied that the person is a fit and proper person to seek office as a Councillor having regard to— (a) the nature of the offence that gave rise to the disqualification; and (b) the conduct of the person since the disqualification; and (c) any other relevant considerations.
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