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TASMANIA
__________
PARLIAMENTARY (DISCLOSURE OF
INTERESTS) AMENDMENT BILL 2017
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (Primary returns)
6. Section 5 amended (Annual returns)
7. Sections 6, 7 and 8 substituted
6. Disclosure in primary returns
7. Disclosure in annual returns
8. Section 9A inserted
9A. Income
9. Section 10 amended (Real property)
10. Section 11 amended (Corporation)
11. Section 12 amended (Debt)
12. Section 13 amended (Contribution to travel)
13. Section 14 amended (Gifts)
14. Section 17 substituted
17. Form of registers
15. Section 18 amended (Inspection of registers)
16. Section 19 amended (Tabling of registers)
17. Section 20 amended (Publication of registers)
[Bill 30]-IV
18. Section 21 amended (Deletion of certain matter)
19. Section 23A inserted
23A. Indexation of certain amounts
20. Section 24 amended (Contempt of Parliament)
21. Repeal of Act
2
PARLIAMENTARY (DISCLOSURE OF
INTERESTS) AMENDMENT BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
8 August 2017
(Brought in by the Premier, the Honourable William Edward
Felix Hodgman)
A BILL FOR
An Act to amend the Parliamentary (Disclosure of Interests)
Act 1996
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Parliamentary
(Disclosure of Interests) Amendment Act 2017.
2. Commencement
This Act commences on 1 July 2017.
[Bill 30] 3
Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 3
3. Principal Act
In this Act, the Parliamentary (Disclosure of
Interests) Act 1996* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of address and
substituting the following definitions:
address means -
(a) in relation to a natural
person or a property, the
suburb or locality in
which the person resides
or the property is located;
and
(b) in relation to a
corporation, means the
address of the registered
office of the corporation
or the address of the
principal office of the
corporation in the place in
which it is incorporated;
annual return means a return referred
to in section 5;
*No. 22 of 1996
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Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 4
annual return period, in relation to an
annual return lodged by a
Member in any year, means -
(a) if the last return lodged by
the Member was an
annual return, the period
of 12 months ending on
30 June in that year; or
(b) if the last return lodged by
the Member was a
primary return, the period
commencing on the first
day after the primary
return date in relation to
the Member and ending
on 30 June in that year;
(b) by omitting the definition of gift and
substituting the following definition:
gift means a disposition of real or
personal property, or the
conferral of a financial or other
benefit, other than any financial
or other contribution to travel,
that is -
(a) free of charge; or
(b) for a substantially
discounted value;
(c) by omitting ", other than income received
as remuneration under the Parliamentary
5
Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 5
Salaries and Allowances Act 1973" from
the definition of income;
(d) by omitting the definitions of ordinary
return and ordinary return period;
(e) by omitting "ordinary" from paragraph
(b) of the definition of return and
substituting "annual".
5. Section 4 amended (Primary returns)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting from subsection (2) "after
the commencement day".
6. Section 5 amended (Annual returns)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"ordinary" and substituting "annual";
(b) by inserting in subsection (1) "date" after
"primary return";
(c) by omitting from subsection (2)
"ordinary" and substituting "annual".
6
Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 7
7. Sections 6, 7 and 8 substituted
Sections 6, 7 and 8 of the Principal Act are
repealed and the following sections are
substituted:
6. Disclosure in primary returns
Subject to Division 2, a Member must
disclose in a primary return the
following:
(a) in respect of each source of
income that the Member or a
spouse of the Member has
received or reasonably expects to
receive during the period starting
on the first day after the primary
return date and ending on the next
following 30 June -
(i) the person or other entity
from which the income
was received or is to be
received; and
(ii) why the income was
received or is to be
received;
(b) the legal nature of any interest
that the Member or a spouse of
the Member holds in real
property on the primary return
date and the address of that
property;
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Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 7
(c) the nature of any interest, or
description of any position,
whether remunerated or not, that
the Member or a spouse of the
Member holds in any corporation
on the primary return date and the
name and address of that
corporation;
(d) a description of any position that
the Member or a spouse of the
Member holds in any trade union
or professional or business
association, whether remunerated
or not, on the primary return date
and the name of that trade union
or association;
(e) the name and address of any
person or other entity to whom
the Member or the spouse of the
Member is liable to pay any debt
as at the primary return date,
whether or not the debt was due
and payable on that date.
7. Disclosure in annual returns
Subject to Division 2, a Member must
disclose in an annual return the
following:
(a) in respect of each source of
income that the Member or a
spouse of the Member received
during the annual return period -
8
Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 7
(i) the person or other entity
from which the income
was received; and
(ii) why the income was
received;
(b) the legal nature of any interest
that the Member or a spouse of
the Member held in real property
during the annual return period
and the address of that property;
(c) the nature of any interest, or
description of any position,
whether remunerated or not, that
the Member or a spouse of the
Member holds in any corporation
during the annual return period
and the name and address of that
corporation;
(d) a description of any position that
the Member or a spouse of the
Member holds in any trade union
or professional or business
association, whether remunerated
or not, during the annual return
period and the name of that trade
union or association;
(e) the name and address of any
person or other entity to whom
the Member or a spouse of the
Member is liable to pay any debt
during the annual return period,
9
Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 7
whether or not the debt is due and
payable during that period;
(f) particulars of any disposition of
property made by the Member or
a spouse of the Member during
the annual return period whereby,
either wholly or in part, the
Member or a spouse of the
Member retained the use or
benefit of the property or the right
to acquire the property at a later
date;
(g) particulars of any disposition of
property made by a person during
the annual return period to
another person under an
arrangement made by the
Member or a spouse of the
Member whereby, either wholly
or in part, the Member or a
spouse of the Member obtained
the use or benefit of the property;
(h) the name and address of any
person or other entity who made
any financial or other
contribution (including free or
upgraded accommodation,
transport or hospitality) to any
travel undertaken by the Member
or a spouse of the Member during
the annual return period;
10
Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 8
(i) details of the contribution
referred to in paragraph (h) and
the dates on which, and places to
and from which, the relevant
travel was undertaken;
(j) a description of any gift received
by the Member or a spouse of the
Member during the annual return
period and the name and address
of the donor of the gift.
8. Section 9A inserted
Before section 10 of the Principal Act, the
following section is inserted in Division 2:
9A. Income
A Member is not required to disclose any
income received by the Member or a
spouse of the Member if it -
(a) is received as remuneration under
the Parliamentary Salaries,
Superannuation and Allowances
Act 2012; or
(b) does not exceed $500 from a
single source within the return
period.
9. Section 10 amended (Real property)
Section 10 of the Principal Act is amended as
follows:
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Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 10
(a) by inserting "or a spouse of the
Member" after "if the Member";
(b) by inserting in paragraph (a) "or a spouse
of the Member" after "Member";
(c) by omitting paragraph (b) and
substituting the following paragraph:
(b) in the capacity as a trustee and
the interest was acquired in the
ordinary course of any occupation
of the Member that is not related
to his or her duties as a Member,
or in the ordinary course of any
occupation of a spouse of the
Member.
10. Section 11 amended (Corporation)
Section 11 of the Principal Act is amended by
inserting "by the Member or a spouse of the
Member" after "held".
11. Section 12 amended (Debt)
Section 12 of the Principal Act is amended as
follows:
(a) by inserting "owed by the Member or a
spouse of the Member" after "a debt";
(b) by inserting in paragraph (a)(i) "or a
spouse of the Member" after "Member";
12
Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 12
(c) by omitting from paragraph (a)(i)
"ordinary" and substituting "annual";
(d) by omitting paragraph (b) and
substituting the following paragraph:
(b) the debt is payable to a relative of
the Member; or
(e) by inserting in paragraph (c)(i) "or a
spouse of the Member" after "Member";
(f) by omitting from paragraph (d)(i)
"ordinary" and substituting "annual";
(g) by inserting in paragraph (d)(ii) "or in the
ordinary course of any occupation of a
spouse of the Member" after "a
Member".
12. Section 13 amended (Contribution to travel)
Section 13(1) of the Principal Act is amended as
follows:
(a) by inserting "of the Member or a spouse
of the Member" after "any travel";
(b) by inserting in paragraph (c) "or in the
ordinary course of any occupation of a
spouse of the Member" after "a
Member";
(c) by omitting from paragraph (d)(i)
"ordinary" and substituting "annual";
13
Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 13
(d) by inserting the following paragraph after
paragraph (d):
(da) the contribution was made in a
personal capacity and could not
reasonably be perceived to have
been made in relation to the
Member's role or duties; or
13. Section 14 amended (Gifts)
Section 14 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) A Member is not required to disclose any
gift received by the Member or a spouse
of the Member, if -
(a) the amount of the gift did not
exceed $500 unless -
(i) the gift was one of 2 or
more gifts given by one
person during the annual
return period; and
(ii) the amount of those 2 or
more gifts exceeded, in
the aggregate, $500; or
(b) the donor was a relative of the
Member; or
(c) the gift was given in a personal
capacity and could not reasonably
be perceived to have been given
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Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 14
in relation to the Member's role
or duties.
14. Section 17 substituted
Section 17 of the Principal Act is repealed and
the following section is substituted:
17. Form of registers
The Register of Interests of Members of
the Legislative Council and the Register
of Interests of Members of the House of
Assembly are to be in the prescribed
form.
15. Section 18 amended (Inspection of registers)
Section 18 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) The Clerk of each House of Parliament is
to make the register available for
inspection at the times, and in the
manner, prescribed.
16. Section 19 amended (Tabling of registers)
Section 19(1)(b) of the Principal Act is amended
by omitting "ordinary" and substituting
"annual".
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Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 17
17. Section 20 amended (Publication of registers)
Section 20 of the Principal Act is amended by
inserting "and publicly online in accordance with
the regulations" after "paper".
18. Section 21 amended (Deletion of certain matter)
Section 21 of the Principal Act is amended by
inserting after paragraph (c) the following
paragraph:
(ca) any information that, in the opinion of
the Clerk, would, if published online,
unreasonably compromise the privacy or
safety of any person; and
19. Section 23A inserted
After section 23 of the Principal Act, the
following section is inserted in Part 5:
23A. Indexation of certain amounts
(1) An amount expressed in dollar terms
(threshold amount) in section 9A(b),
section 12(a), section 12(a)(ii),
section 13(1)(d), section 13(1)(d)(ii),
section 14(1)(a) or section 14(1)(a)(ii) is
to be indexed in accordance with this
section.
(2) For a return relating to the financial year
starting on 1 July 2016, a threshold
amount is not to be indexed.
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Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 19
(3) For a return relating to the financial year
starting on 1 July 2017 and for each
subsequent financial year, a threshold
amount is to be indexed in accordance
with the following formula:
where -
A is the indexed amount;
B is the threshold amount;
C is the value of the CPI figure for
Hobart for the March quarter
immediately preceding the
financial year in which the
threshold amount is to apply;
D is the value of the CPI figure for
Hobart for the March quarter
2017 as published with the CPI
figure for Hobart used in the
determination of "C".
(4) If the value of A calculated in accordance
with subsection (3) is not a multiple of
$50, the amount is to be rounded off to
the nearest multiple of $50, with an
amount that is $25 more than a multiple
of $50 being rounded off to the next
highest multiple of $50.
(5) In this section -
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Parliamentary (Disclosure of Interests) Amendment Act 2017
Act No. of
s. 20
CPI figure for Hobart means the
Consumer Price Index (All
Groups) Number for Hobart
published by the Australian
Statistician under the authority of
the Census and Statistics Act
1905 of the Commonwealth.
20. Section 24 amended (Contempt of Parliament)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"fails" and substituting "subject to
subsection (1A), fails";
(b) by inserting the following subsections
after subsection (1):
(1A) A Member does not fail to
disclose any information required
under this Act if, in the case of
information relating to a spouse,
the Member -
(a) makes all reasonable
attempts to obtain that
information; or
(b) could not reasonably be
expected to have been
aware of the information.
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Act No. of
s. 21
(1B) A Member is not guilty of
contempt of Parliament in respect
of a return if -
(a) it is lodged in good faith;
and
(b) at the time it is lodged, it
meets the requirements of
this Act.
21. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 19