South Australian Current Acts South Australian Current ActsSchedule 3—Register of Interests—Form of returns
(1) In this Schedule,
unless the contrary intention appears—
beneficial interest in property includes a right to re-acquire the property;
designated person or entity , in relation to a member of a council,
means—
(a) a
member of the member's family; or
(b) a
family company of the member; or
(c) a
trustee of a family trust of the member;
family , in relation to a member, means—
(a) a
spouse or domestic partner of the member; and
(b) a
child or stepchild of the member;
family company of a member means a proprietary company—
(a) in
which the member or a member of the member's family is a shareholder; and
(b) in
respect of which the member or a member of the member's family, or any such
persons together, are in a position to cast, or control the casting of, more
than one-half of the maximum number of votes that might be cast at a general
meeting of the company;
family trust of a member means a trust (other than a testamentary
trust)—
(a) of
which the member or a member of the member's family is a beneficiary; and
(b)
which is established or administered wholly or substantially in the interests
of the member or a member of the member's family, or any such persons
together;
financial benefit , in relation to a person, means—
(a) any
remuneration, fee or other pecuniary sum exceeding $1 000 received by the
person in respect of a contract of service entered into, or paid office held
by, the person; and
(b) the
total of all remuneration, fees or other pecuniary sums received by the person
in respect of a trade, profession, business or vocation engaged in by the
person where that total exceeds $1 000,
but does not include an annual allowance, fees, expenses or other financial
benefit payable to the person under this Act;
income source , in relation to a person, means—
(a) any
person or body of persons with whom the person entered into a contract of
service or held any paid office; and
(b) any
trade, vocation, business or profession engaged in by the person;
return period , in relation to a return of a member (other than a return
submitted under section 65), means—
(a) in
the case of a member whose last return was the return submitted under
section 65—the period between the date of that return and
30 June next following; or
(b) in
the case of any other member—the period of 12 months expiring on
30 June on or within 60 days after which the return is required to
be submitted;
trade or professional organisation means a body, corporate or unincorporate,
of—
(a)
employers or employees; or
(b)
persons engaged in a profession, trade or other occupation,
being a body of which the object, or one of the objects, is the furtherance of
its own professional, industrial or economic interests or those of any of its
members.
(2) For the purposes
of this Schedule, a person who is an object of a discretionary trust is to be
taken to be a beneficiary of that trust.
(3) For the purpose of
this Schedule, a person is an investor in a body if—
(a) the
person has deposited money with, or lent money to, the body that has not been
repaid and the amount not repaid equals or exceeds $10 000; or
(b) the
person holds, or has a beneficial interest in, shares in, or debentures of,
the body or a policy of life insurance issued by the body.
(a1) For the purposes
of this Act, a return must be in the form determined by the Minister.
(1) For the purposes
of this Act, a primary return must contain the following information:
(a) a
statement of any income source that the member required to submit the return
or a designated person or entity in relation to the member has or expects to
have in the period of 12 months after the date of the primary return; and
(b) the
name of any company, or other body, corporate or unincorporate, in which the
member or a member of his or her family holds any office whether as director
or otherwise; and
(c) the
information required by subclause (3).
(2) For the purposes
of this Act, an ordinary return must contain the following information:
(a) if
the member required to submit the return or a designated person or entity in
relation to the member received, or was entitled to receive, a financial
benefit during any part of the return period—the income source of the
financial benefit; and
(b) if
the member or a member of his or her family held an office whether as director
or otherwise in any company or other body, corporate or unincorporate, during
the return period—the name of the company or other body; and
(f) the
information required by subclause (3).
(3) For the purposes
of this Act, a return (whether primary or ordinary) must contain the following
information:
(a) the
name or description of any company, partnership, association or other body in
which the member required to submit the return or a designated person or
entity in relation to the member is an investor; and
(ab) the
name and business address of any employer of the member and, if the member is
employed, the name of the office or place where the member works or a concise
description of the nature of the member's work; and
(b) the
name of any political party, any body or association formed for political
purposes or any trade or professional organisation of which the member is a
member; and
(c) a
concise description of any trust (other than a testamentary trust) of which
the member or a designated person or entity in relation to the member is a
beneficiary or trustee (including the name and address of each trustee); and
(d) the
address or description of any land in which the member or a designated person
or entity in relation to the member has any beneficial interest other than by
way of security for any debt; and
(e) any
fund in which the member or a designated person or entity in relation to the
member has an actual or prospective interest to which contributions are made
by a person other than the member or a designated person or entity in relation
to the member; and
(f) if
the member or a designated person or entity in relation to the member is
indebted to another person (not being a relative of the member or a member of
the member's family) in an amount of or exceeding $7 500—the name
and address of that other person; and
(g) if
the member or a designated person or entity in relation to the member is owed
money by a natural person (not being a relative of the member or a member of
the member's family) in an amount of or exceeding $10 000—the name
and address of that person; and
(h) any
other substantial interest whether of a pecuniary nature or not of the member
or of a designated person or entity in relation to the member of which the
member is aware and which he or she considers might appear to raise a material
conflict between his or her private interest and the public duty that he or
she has or may subsequently have as a member.
(4) A member is
required by this clause only to disclose information that is known to the
member or ascertainable by the member by the exercise of reasonable diligence.
(5) Nothing in this
clause requires a member to disclose information relating to a person as
trustee of a trust unless the information relates to the person in the
person's capacity as trustee of a trust by reason of which the person is
related to the member.
(6) A member may
include in a return such additional information as the member thinks fit.
(7) Nothing in this
clause will be taken to prevent a member from disclosing information required
by this clause in such a way that no distinction is made between information
relating to the member personally and information relating to a designated
person in relation to the member.
(8) Nothing in this
clause requires disclosure of the actual amount or extent of a financial
benefit, contribution or interest.