South Australian Current Acts South Australian Current Acts119A—Register of gifts and benefits
(1) An employee of a
council must not seek out or receive a gift or benefit that is, or could
reasonably be taken to be, intended or likely to create a sense of obligation
to a person on the part of the employee or influence the employee in the
performance or discharge of the employee's functions or duties.
(2) If an employee of
a council receives a gift or benefit of an amount greater than the amount
determined by the Minister (from time to time), by notice in the Gazette, the
employee must provide details of the gift or benefit to the chief executive
officer of the council in accordance with any requirements of the chief
executive officer.
(3) The Minister must
consult with the LGA before publishing a notice under subsection (2).
(4) The
chief executive officer of a council must maintain a register of gifts and
benefits received by employees of the council and must ensure that the details
of each gift and benefit provided under this section are included in the
register.
(5) A register
maintained under this section—
(a) need
not include information available in another register published by, or
available for inspection at, the council or otherwise available under the Act;
and
(b) may
include information by reference to another register or document, provided the
register or document is published by, or available for inspection at, the
council and the register maintained under this clause identifies that other
register or document.
(6) For the purposes
of this section, a gift or benefit received by a designated person or entity
in relation to an employee of a council will be treated as a gift or benefit
(as the case requires) received by the employee.
(7) For the purposes
of this section—
(a) 2 or
more separate gifts or benefits received by an employee or a designated person
or entity in relation to the employee from the same person during a financial
year are to be treated as 1 gift or benefit (as the case requires)
received by the employee; and
(b) 2 or
more separate transactions to which an employee or a designated person or
entity in relation to the employee is a party with the same person during a
financial year under which the employee or the designated person has had the
use of property of the other person (whether or not being the same property)
during a financial year are to be treated as 1 transaction under which
the employee has had the use of property of the other person during the
financial year.
(8) Unless the
contrary intention appears, terms and expressions used in this section and in
Schedule 3 have the same respective meanings in this section as they have in
that Schedule, provided that a reference in Schedule 3 to a member will be
taken, for the purposes of this clause, to be a reference to an employee.