South Australian Consolidated Acts South Australian Consolidated ActsSchedule 2—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;
domestic partner means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
family , in relation to a council member, means—
(a) a
spouse or domestic partner of the member; and
(b) a
child of the member who is under the age of 18 years and normally resides with
the member;
family company of a council 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 council 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 or the Local Government
Act 1999 ;
gift means a transaction in which a benefit of pecuniary value is conferred
without consideration or for less than adequate consideration, but does not
include an ordinary commercial transaction or a transaction in the ordinary
course of business;
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;
a person related to a member means—
(a) a
member of the member's family;
(b) a
family company of the member;
(c) a
trustee of a family trust of the member;
return period , in relation to an ordinary return of a council member,
means—
(a) in
the case of a member whose last return was a primary return—the period
between the date of the primary return and 30 June next following; and
(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 ordinary return is required
to be submitted;
spouse —a person is the spouse of another if they are legally married;
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.
(4) For the purposes
of the Schedule, in relation to a return by a council member—
(a) two
or more separate contributions made by the same person for or towards the cost
of travel undertaken by the member or a member of the member's family during
the return period are to be treated as one contribution for or towards the
cost of travel undertaken by the member;
(b) two
or more separate gifts received by the member or a person related to the
member from the same person during the return period are to be treated as one
gift received by the member;
(c) two
or more separate transactions to which the member or a person related to the
member is a party with the same person during the return period under which
the member or a person related to the member has had the use of property of
the other person (whether or not being the same property) during the return
period are to be treated as one transaction under which the member has had the
use of property of the other person during the return period.
(1) For the purposes
of this Act, a primary return must be in the prescribed form and contain the
following information:
(a) a
statement of any income source that the council member required to submit the
return or a person related 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
council 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 be in the prescribed form and contain the
following information:
(a) if
the council member required to submit the return or a person related 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 council 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
(c) the
source of any contribution made in cash or in kind of or above the amount or
value of $750 (other than any contribution by the Council, by the State, by an
employer or by a person related by blood or marriage) for or towards the cost
of any travel beyond the limits of South Australia undertaken by the council
member or a member of his or her family during the return period, and for the
purposes of this paragraph cost of travel includes accommodation costs and
other costs and expenses associated with the travel; and
(d)
particulars (including the name of the donor) of any gift of or above the
amount or value of $750 received by the council member or a person related to
the member during the return period from a person other than a person related
by blood or marriage to the member or to a member of the member's family; and
(e) if
the council member or a person related to the member has been a party to a
transaction under which the member or person related to the member has had the
use of property of the other person during the return period and—
(i)
the use of the property was not acquired for adequate
consideration or through an ordinary commercial transaction or in the ordinary
course of business; and
(ii)
the market price for acquiring a right to such use of the
property would be $750 or more; and
(iii)
the person granting the use of the property was not
related by blood or marriage to the member or to a member of the member's
family—
the name and address of that person; 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 council member required to submit the return or a person related to
the member is an investor; 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 council member
is a member; and
(c) a
concise description of any trust (other than a testamentary trust) of which
the council member or a person related 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 council member or a person
related to the member has any beneficial interest other than by way of
security for any debt; and
(e) any
fund in which the council member or a person related to the member has an
actual or prospective interest to which contributions are made by a person
other than the member or a person related to the member; and
(f) if
the council member or a person related to the member is indebted to another
person (not being related by blood or marriage to the member or to 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 council member or a person related to the member is owed money by a
natural person (not being related to the member or a member of the member's
family by blood or marriage) 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 council
member or of a person related 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 council 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 council 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 council 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 council 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
person related to the member.
(8) Nothing in this
clause requires disclosure of the actual amount or extent of a financial
benefit, gift, contribution or interest.