South Australian Consolidated Acts

DEVELOPMENT ACT 1993 - SCHEDULE 2

Schedule 2—Disclosure of financial interests

1—Interpretation

        (1)         In this Schedule—

assessment panel means—

            (a)         the Development Assessment Commission (including a person appointed to a list under this Act to act as an additional member of the Development Assessment Commission in particular circumstances); or

            (b)         a regional development assessment panel; or

            (c)         a council development assessment panel;

family , in relation to a prescribed member, means—

            (a)         a spouse or domestic partner of the member; or

            (b)         a child of the member who is under the age of 18 years and normally resides with the member;

family company of a prescribed 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 prescribed 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;

person related to a prescribed member means—

            (a)         a member of the prescribed member's family; or

            (b)         a family company of the prescribed member; or

            (c)         a trustee of a family trust of the prescribed member;

prescribed member means a member of an assessment panel who is required to disclose his or her financial interests pursuant to section 11A, 34 or 56A;

relevant official means—

            (a)         in relation to a member of the Development Assessment Commission (or a person on a relevant list)—the Minister;

            (b)         in relation to a member of a regional development assessment panel or a council development assessment panel—the public officer of the panel.

        (2)         For the purposes of this Schedule, a person who is the object of a discretionary trust is to be taken to be a beneficiary of that trust.

2—Disclosure of interests

        (1)         A prescribed member of an assessment panel must—

            (a)         on appointment, submit to the relevant official a return in the prescribed form relating to his or her pecuniary interests in accordance with the regulations; and

            (b)         on an annual basis in accordance with the requirements of the regulations, submit to the relevant official an annual return in the prescribed form relating to his or her pecuniary interests in accordance with the regulations.

        (2)         Without limiting the effect of subclause (1), a prescribed member of an assessment panel will be taken to have a pecuniary interest for the purposes of this clause if a person related to the member has that interest.

        (3)         A prescribed member who has submitted a return under this Schedule may at any time notify the relevant official of a change or variation in the information appearing on the register in respect of the member.

3—Register

        (1)         A relevant official must maintain a register of interests and cause to be entered in the register all information furnished under this Schedule.

        (2)         A register that relates to a regional development assessment panel or a development assessment panel will also include information furnished by members of councils under Chapter 5 Part 4 Division 2 of the Local Government Act 1999 and made available for incorporation into the register under a scheme established by the regulations.

        (3)         A person is entitled to inspect (without charge) the register at the place where it is kept during ordinary office hours.

        (4)         A person is entitled, on payment of a fee (specified by the relevant official as a standard fee to cover the relevant official's administrative and copying costs), to a copy of the register.

4—Compliance with Schedule

        (1)         A prescribed member of an assessment panel who fails to comply with a requirement under this Schedule is guilty of an offence.

Maximum penalty: $10 000.

        (2)         A prescribed member of an assessment panel who submits a return under this Schedule that is to the knowledge of the member false or misleading in a material particular (whether by reason of information included in or omitted from the return) is guilty of an offence.

Maximum penalty: $10 000.

5—Restrictions on publication

        (1)         A person must not—

            (a)         publish information derived from a register under this Schedule unless the information constitutes a fair and accurate summary of the information contained in the register and is published in the public interest; or

            (b)         comment on the facts set forth in a register under this Schedule unless the comment is fair and published in the public interest and without malice.

        (2)         If information or comment is published by a person in contravention of subclause (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.

Maximum penalty: $10 000.