New South Wales Consolidated Acts

CONSTITUTION ACT 1902 - SECT 14A

14A Disclosure of pecuniary interests and other matters by Members

(1) The Governor may, subject to subsections (4) and (5), make regulations for or with respect to--

(a) the disclosure by Members of either House of Parliament of all or any of the following pecuniary interests or other matters--

(i) real or personal property,

(ii) income,

(iii) gifts,

(iv) financial or other contributions to any travel,

(v) shareholdings or other beneficial interests in corporations,

(vi) partnerships,

(vii) details of Members' interests in trusts, including discretionary trusts and self-managed superannuation funds,

(viia) details of real property held by discretionary trusts, if a Member is a potential beneficiary of the discretionary trust,

(viib) other matters relating to trusts,

(viic) water entitlements and other interests in water,

(viii) positions (whether remunerated or not) held in, or membership of, corporations, trade unions, professional associations or other organisations or associations,

(ix) occupations, trades, professions or vocations,

(x) debts,

(xi) payments of money or transfers of property to relatives or other persons by, or under arrangements made by, Members,

(xii) any other direct or indirect benefits, advantages or liabilities or other matters, whether pecuniary or not, of a kind specified in the regulations,

(b) prescribing the manner in which, and the times at which, pecuniary interests or other matters shall be disclosed and providing for the verification by statutory declaration or otherwise of any such disclosure, and

(c) the compilation and maintenance of registers of pecuniary interests or other matters disclosed by Members of either House of Parliament and the inspection and publication of any such register.

(1A) If a regulation is made under subsection (1)(c) requiring the compilation and maintenance of registers, the regulation must include the following requirements--

(a) that the registers be kept in an electronic format, that is searchable, within 12 months after the making of the regulation,

(b) that the registers be accessible by members of the public, subject to any limitations prescribed in the regulations to protect--

(i) the privacy of persons other than Members of either House of Parliament, or

(ii) the safety of a person or class of persons.

(2) If a Member of either House of Parliament wilfully contravenes any regulation made under subsection (1), that House may, in accordance with subsection (3), declare his seat vacant and the seat of the Member shall thereupon become vacant.

(3) A declaration under subsection (2) shall--

(a) specify the circumstances that constitute the contravention,

(b) declare that the House is of the opinion that the contravention is of such a nature as to warrant the seat of the Member being declared vacant, and

(c) be made in accordance with such Standing Rules and Orders of the House as may regulate the making of the declaration.

(4) A regulation shall not be made under subsection (1) for or with respect to the disclosure by Members of either House of Parliament of pecuniary interests or other matters unless it applies in the same way to the disclosure by Members of the other House of Parliament of pecuniary interests or other matters.

(4A) Without limiting subsection (1), regulations made under that subsection may relate to the disclosure of the pecuniary interests, or other matters, of members of the immediate family of Members of either House of Parliament.

(5) The Governor shall, before making a regulation under subsection (1)--

(a) afford any committee of either House of Parliament established for the purpose an opportunity of considering and making representations with respect to the proposed regulation, and

(b) take into account any such representations.

(6) Notwithstanding anything to the contrary in the Interpretation Act 1987 or any other Act, a regulation made under subsection (1), or any part thereof, shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament.

(7) The publication, pursuant to any regulation made under subsection (1), of a register of pecuniary interests or other matters disclosed by Members of either House of Parliament shall, for the purposes of the Parliamentary Papers (Supplementary Provisions) Act 1975 , be deemed to have been authorised by that House.