{"id":"nsw:sl-2026-0110","name":"Constitution (Disclosures by Members) Regulation 2026","slug":"constitution-disclosures-by-members-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"110 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173654,"registerId":"nsw-sl-2026-0110-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Constitution (Disclosures by Members) Regulation 2026](/view/html/inforce/current/sl-2026-0110).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2026.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The dictionary in Schedule 3 defines words used in this regulation.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Forms","content":"#### 4 Forms\n\n4 Forms\n\n> > (1) A form may be lodged electronically in a way approved by the following—\n> > \n> > > (a) the Clerk,\n> > \n> > > (b) the appropriate parliamentary committee.\n> \n> > (2) A relevant portion of a form, required to be completed by a Member under this regulation, must be completed in accordance with the following directions and guidelines that are consistent with this regulation—\n> > \n> > > (a) directions specified in the form,\n> > \n> > > (b) guidelines issued or approved from time to time by the appropriate parliamentary committee for the Member, if any.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Lodgement of interest disclosure returns and annual declarations","content":"# Part 2 Lodgement of interest disclosure returns and annual declarations\n\nPart 2 Lodgement of interest disclosure returns and annual declarations","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"First interest disclosure returns","content":"#### 5 First interest disclosure returns\n\n5 First interest disclosure returns\n\n> > (1) A Member, other than a re-elected Member, must, within one month after the date on which the Houses of Parliament first assemble after each general election (the first assembly date), lodge an interest disclosure return with the Clerk containing the disclosures required by Part 3.\n> \n> > (2) A Member who was not a Member at the first assembly date must, within one month after the date on which the Member takes the pledge of loyalty or oath of allegiance required by the Act, section 12, lodge an interest disclosure return with the Clerk containing the disclosures required by Part 3.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Further interest disclosure returns","content":"#### 6 Further interest disclosure returns\n\n6 Further interest disclosure returns\n\n> > (1) A Member must, within one month, lodge a further interest disclosure return with the Clerk if—\n> > \n> > > (a) a matter disclosed or required to be disclosed by Part 3 changes, or\n> > \n> > > (b) a matter required to be disclosed by Part 3 arises, or\n> > \n> > > (c) the Member becomes aware of a mistake in an interest disclosure return lodged by the Member.\n> \n> > (2) A Member must complete only the part of the interest disclosure return that relates to the matter or mistake when the Member lodges a further interest disclosure return under subsection (1) about a matter or mistake.\n> \n> > (3) A Member may also lodge an interest disclosure return with the Clerk if the Member wishes to make a disclosure about a matter under Part 3, Division 3.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Annual declarations","content":"#### 7 Annual declarations\n\n7 Annual declarations\n\n> > (1) A Member must, within one month after each 30 June, lodge an annual declaration with the Clerk stating that the register as at 30 June, to the best of the Member’s knowledge—\n> > \n> > > (a) accurately compiles the information lodged in the Member’s interest disclosure returns, and\n> > \n> > > (b) contains all the information required to be disclosed by the Member under this regulation.\n> \n> > (2) Subsection (1) does not apply if the Member lodged the Member’s first interest disclosure return under section 5 in the 6 months before 30 June in the same year.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Interests and other matters to be disclosed","content":"# Part 3 Interests and other matters to be disclosed\n\nPart 3 Interests and other matters to be disclosed","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Interpretation","content":"#### 8 Interpretation\n\n8 Interpretation\n\n> > (1) A reference in this part to a disclosure about real property, income, a corporation or another thing includes a reference to a disclosure about real property situated, income derived, a corporation incorporated or another thing arising or received outside New South Wales.\n> \n> > (2) For this part, gifts or contributions to travel given, loans made or goods or services supplied to a Member by 2 or more corporations that are, for the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 50, related to each other are taken to have been given, made or supplied by a single corporation.\n> \n> > (3) A reference in this part to a description that is reasonably sufficient to identify a matter is a reference to a description that would enable a reasonable person to identify the nature or kind of matter.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"General disclosures","content":"## Division 2 General disclosures\n\nDivision 2 General disclosures","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Real property","content":"#### 9 Real property\n\n9 Real property\n\n> > (1) A Member must disclose—\n> > \n> > > (a) the address of each parcel of real property in which the Member has an interest, and\n> > \n> > > (b) the nature of the interest in the parcel of real property.\n> \n> > (2) Despite subsection (1)(a), a Member may disclose the following information about a parcel of real property in which the Member has an interest as an alternative to disclosing the address of the parcel if the parcel is used by the Member or a relative of the Member for residential purposes—\n> > \n> > > (a) a statement that the parcel is, for the Member or relative of the Member—\n> > > \n> > > > (i) the principal place of residence, or\n> > > \n> > > > (ii) a secondary place of residence,\n> > \n> > > (b) the location of the parcel by suburb or area.\n> \n> > (3) Despite subsection (1)(a), if a parcel of real property in which a Member has an interest is tenanted real property, the Member may, as an alternative to publicly disclosing the address of the parcel, disclose—\n> > \n> > > (a) in Part A of an interest disclosure return—\n> > > \n> > > > (i) a statement that the parcel is tenanted real property, and\n> > > \n> > > > (ii) the location of the parcel by suburb or area, and\n> > \n> > > (b) in Part B of an interest disclosure return—the address of the parcel.\n> \n> > (4) An interest in a parcel of real property is not required to be disclosed by a Member if—\n> > \n> > > (a) the Member—\n> > > \n> > > > (i) has the interest only in the Member’s capacity as the executor or administrator of the estate of a deceased person, and\n> > > \n> > > > (ii) is not a beneficiary under the will or intestacy, or\n> > \n> > > (b) the Member—\n> > > \n> > > > (i) has the interest only in the Member’s capacity as a trustee, and\n> > > \n> > > > (ii) acquired the interest in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member, or\n> > \n> > > (c) the interest in the parcel of real property is disclosed under section 10.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Trusts","content":"#### 10 Trusts\n\n10 Trusts\n\n> > (1) A Member must disclose a trust if the Member—\n> > \n> > > (a) has a beneficial interest in the trust, including a mere expectancy as a beneficiary of a discretionary trust, or\n> > \n> > > (b) is a trustee of the trust.\n> \n> > (2) The following information must be disclosed about the trust—\n> > \n> > > (a) the name of the trust,\n> > \n> > > (b) a description of the activities of the trust,\n> > \n> > > (c) the nature of the interest the Member has in the trust,\n> > \n> > > (d) the interests held by the trust, including interests in real property and investments.\n> \n> > (3) A trust is not required to be disclosed by a Member under subsection (1)(b) if the Member is trustee—\n> > \n> > > (a) as the executor or administrator of the estate of a deceased person and the Member is not a beneficiary under the will or intestacy, or\n> > \n> > > (b) in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member.\n> \n> > (4) To avoid doubt—\n> > \n> > > (a) trusts that are superannuation funds, whether public or self-managed, and listed investment trusts must be disclosed under this section, but\n> > \n> > > (b) for a public superannuation fund where the Member has not elected to invest the interest in particular assets or classes of assets—the Member is not required to disclose a description of the activities of the trust under subsection (2)(b) or the interests held by the trust under subsection (2)(d).\n> \n> > (5) Despite subsection (2)(d), a Member may give the following information about a parcel of real property in which a trust has an interest as an alternative to disclosing the address of the parcel if the parcel is used by the Member or a relative of the Member for residential purposes—\n> > \n> > > (a) a statement that the parcel is, for the Member or relative of the Member—\n> > > \n> > > > (i) the principal place of residence, or\n> > > \n> > > > (ii) a secondary place of residence,\n> > \n> > > (b) the location of the parcel by suburb or area.\n> \n> > (6) Despite subsection (2)(d), if a parcel of real property in which a trust has an interest is tenanted real property, the Member may, as an alternative to publicly disclosing the address of the parcel, disclose—\n> > \n> > > (a) in Part A of an interest disclosure return—\n> > > \n> > > > (i) a statement that the parcel is tenanted real property, and\n> > > \n> > > > (ii) the location of the parcel by suburb or area, and\n> > \n> > > (b) in Part B of an interest disclosure return—the address of the parcel.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Interests and positions in corporations","content":"#### 11 Interests and positions in corporations\n\n11 Interests and positions in corporations\n\n> > (1) A Member must disclose the following—\n> > \n> > > (a) the name and address of each corporation in which the Member has an interest or holds a position, whether remunerated or not,\n> > \n> > > (b) the nature of the interest, or a description of the position held, in each named corporation,\n> > \n> > > (c) except for a listed corporation—a description of the principal objects of each named corporation.\n> \n> > (2) An interest, or position held, in a corporation is not required to be disclosed by a Member if the corporation is—\n> > \n> > > (a) formed to provide recreation or amusement, to promote commerce, industry, art, science, religion or charity or for another community purpose, and\n> > \n> > > (b) required to apply its profits, if any, or other income in promoting its objects, and\n> > \n> > > (c) prohibited from paying dividends to its members.\n> \n> > (3) A Member is not required to disclose a matter the Member would otherwise be required to disclose under this section if the Member has already made a disclosure about the matter when making a disclosure for section 14.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Positions in trade unions and professional or business associations","content":"#### 12 Positions in trade unions and professional or business associations\n\n12 Positions in trade unions and professional or business associations\n\n> A Member must disclose—\n> \n> > (a) the name of each trade union and each professional or business association in which the Member holds a position, whether remunerated or not, and\n> \n> > (b) a description of the position held in each named union or association.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Debts","content":"#### 13 Debts\n\n13 Debts\n\n> > (1) A Member must disclose the name and address of each person to whom the Member is liable to pay a debt.\n> \n> > (2) A liability to pay a debt must be disclosed by a Member whether or not the amount to be paid, or a part of the amount to be paid, is immediately due and payable or is due and payable at another time.\n> \n> > (3) A liability to pay a debt is not required to be disclosed by a Member if—\n> > \n> > > (a) the amount to be paid is not greater than $500 during the parliamentary term, unless—\n> > > \n> > > > (i) the debt is one of 2 or more debts the Member is liable to pay to one person, and\n> > > \n> > > > (ii) the amounts to be paid are greater than $500 in total, or\n> > \n> > > (b) the Member is liable to pay the debt to a relative, or\n> > \n> > > (c) for a debt arising from a loan of money—the Member is liable to pay the debt to a bank, building society, credit union or other person whose ordinary business includes lending money and the loan was made in the ordinary course of business of the lender, or\n> > \n> > > (d) for a debt arising from the supply of goods or services—\n> > > \n> > > > (i) the period since the goods or services were supplied is not greater than 12 months, or\n> > > \n> > > > (ii) the goods or services were supplied in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Sources of income","content":"#### 14 Sources of income\n\n14 Sources of income\n\n> > (1) A Member must disclose the following sources of income greater than $500 in a financial year—\n> > \n> > > (a) each source of income received by the Member in the period since the last general election,\n> > \n> > > (b) each source of income the Member reasonably expects to receive during the remainder of the parliamentary term.\n> \n> > (2) In subsection (1), a reference to each source of income is a reference to—\n> > \n> > > (a) for income from being an employee of another person, including an employee of a corporation—\n> > > \n> > > > (i) the name of the occupation in which the Member is engaged, and\n> > > \n> > > > (ii) a description that is reasonably sufficient to identify the kinds of services provided, or to be provided, for the income, and\n> > > \n> > > > (iii) the name and address of the Member’s employer, and\n> > \n> > > (b) for income from being the holder of another office, including the holder of an office in a corporation or other body—\n> > > \n> > > > (i) the name or title of the office held by the Member, and\n> > > \n> > > > (ii) a description that is reasonably sufficient to identify the kinds of services provided, or to be provided, for the income, and\n> > > \n> > > > (iii) for an office held in a corporation or other body—the name and address of the corporation or body, and\n> > \n> > > (c) for income from a partnership the Member has entered into with other persons—\n> > > \n> > > > (i) the name of the occupation, if any, in which the Member is engaged, and\n> > > \n> > > > (ii) a description that is reasonably sufficient to identify the kinds of services provided, or to be provided, for the income, and\n> > > \n> > > > (iii) the name, if any, under which, and the address from which, the partnership is conducted, and\n> > \n> > > (d) for income for a service provided under another kind of contract, agreement or arrangement—\n> > > \n> > > > (i) the name of the occupation, if any, in which the Member is engaged, and\n> > > \n> > > > (ii) a description that is reasonably sufficient to identify the service provided, and\n> > > \n> > > > (iii) the name and address of the person from whom the income was or is reasonably expected to be received, and\n> > \n> > > (e) for income from a trust—the name and address of the settlor and the trustee, and\n> > \n> > > (f) for other income—a description that is reasonably sufficient to identify the person from whom, or the circumstances in which, the income was or is reasonably expected to be received.\n> \n> > (3) Without limiting subsection (2), a disclosure required by subsection (1) must include a description that is reasonably sufficient to identify the business carried on by the employer, body or other party to the contract or agreement if—\n> > \n> > > (a) the source of income was or is reasonably expected to be received—\n> > > \n> > > > (i) from the Member’s employer, including if the employer is a corporation, or\n> > > \n> > > > (ii) for an office held by the Member in a body, including if the body is a corporation, or\n> > > \n> > > > (iii) under a contract or another agreement, and\n> > \n> > > (b) in relation to a Member—the Member knows the source of income was or is reasonably expected to be received for the provision by the Member of a service involving the use of the Member’s parliamentary position.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Gifts","content":"#### 15 Gifts\n\n15 Gifts\n\n> > (1) A Member must disclose—\n> > \n> > > (a) a description of each gift received by the Member, and\n> > \n> > > (b) the name and address of the donor of each gift.\n> \n> > (2) A gift received by a Member is not required to be disclosed if—\n> > \n> > > (a) the amount of the gift was not greater than $500, unless—\n> > > \n> > > > (i) the gift was one of 2 or more gifts made by one person during a 12-month period, and\n> > > \n> > > > (ii) the amount of the gifts was greater than $500 in total, or\n> > \n> > > (b) the gift was a political contribution disclosed, or required to be disclosed, under the [Electoral Funding Act 2018](/view/html/inforce/current/act-2018-020), Part 3, or\n> > \n> > > (c) the donor was a relative of the Member.\n> \n> > (3) For this section, the amount of a gift comprising property other than money is an amount equal to the value of the property.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Contributions to travel","content":"#### 16 Contributions to travel\n\n16 Contributions to travel\n\n> > (1) A Member must disclose—\n> > \n> > > (a) the name and address of each person who made a financial or other contribution to travel undertaken by the Member during the parliamentary term, and\n> > \n> > > (b) the dates on which the travel was undertaken, and\n> > \n> > > (c) the name of each State, Territory and foreign country in which the travel was undertaken.\n> \n> > (2) A financial or other contribution to travel undertaken by a Member is not required to be disclosed if—\n> > \n> > > (a) the contribution was made from public funds, including a contribution arising from travel on free passes issued under an Act or from travel in government vehicles, or\n> > \n> > > (b) the contribution was made by a relative of the Member, or\n> > \n> > > (c) the contribution was made in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member, or\n> > \n> > > (d) the amount of the contribution was not greater than $250, unless—\n> > > \n> > > > (i) the contribution was one of 2 or more contributions made by one person during a 12-month period, and\n> > > \n> > > > (ii) the amount of the contributions was greater than $250 in total, or\n> > \n> > > (e) the contribution was a political contribution disclosed, or required to be disclosed, under the [Electoral Funding Act 2018](/view/html/inforce/current/act-2018-020), Part 3, or\n> > \n> > > (f) the contribution was made by a political party of which the Member was a member and the travel was undertaken—\n> > > \n> > > > (i) for the political activity of the party in New South Wales, or\n> > > \n> > > > (ii) to enable the Member to represent the party in Australia.\n> \n> > (3) For this section, the amount of a contribution, other than a financial contribution, is an amount equal to the value of the contribution.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Dispositions of certain interests","content":"#### 17 Dispositions of certain interests\n\n17 Dispositions of certain interests\n\n> > (1) A Member must disclose particulars of each disposition of a relevant interest by the Member if the Member kept, wholly or in part—\n> > \n> > > (a) the use and benefit of the interest, or\n> > \n> > > (b) the right to reacquire the interest at a later time.\n> \n> > (2) A Member must disclose particulars of each disposition of property by another person under arrangements made by the Member if the Member kept, wholly or in part, the use and benefit of the property.\n> \n> > (3) In this section—\n> > \n> > relevant interest, in relation to a Member, means an interest of the Member that would, but for the disposition of the interest by the Member, be required to be disclosed under this regulation.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Water access licences","content":"#### 18 Water access licences\n\n18 Water access licences\n\n> > (1) A Member must disclose—\n> > \n> > > (a) the water access licence number of each water access licence in which the Member has an interest, and\n> > \n> > > (b) the nature of the interest in the water access licence.\n> \n> > (2) A disclosure is not required if—\n> > \n> > > (a) the Member—\n> > > \n> > > > (i) has the interest in the water access licence only in the Member’s capacity as the executor or administrator of the estate of a deceased person, and\n> > > \n> > > > (ii) is not a beneficiary under the will or intestacy, or\n> > \n> > > (b) the interest in the water access licence is disclosed under section 11.","sortOrder":22},{"sectionNumber":"Division 3","sectionType":"division","heading":"Discretionary disclosures","content":"## Division 3 Discretionary disclosures\n\nDivision 3 Discretionary disclosures","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Discretionary disclosures generally","content":"#### 19 Discretionary disclosures generally\n\n19 Discretionary disclosures generally\n\n> A Member may, at the Member’s discretion, disclose in an interest disclosure return a direct or indirect benefit, advantage, liability or other matter, whether pecuniary or not, that—\n> \n> > (a) is not required to be disclosed by another provision of this part, and\n> \n> > (b) the Member—\n> > \n> > > (i) considers might appear to raise a conflict between the Member’s private interest and the Member’s public duty as a Member, or\n> > \n> > > (ii) otherwise wishes to disclose.","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"Tabling and registers of disclosures","content":"# Part 4 Tabling and registers of disclosures\n\nPart 4 Tabling and registers of disclosures","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Registers of disclosures by Members","content":"#### 20 Registers of disclosures by Members\n\n20 Registers of disclosures by Members\n\n> The Clerk of each House of Parliament must keep a register of the disclosures made by Members of the House under Part 2.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Form of registers","content":"#### 21 Form of registers\n\n21 Form of registers\n\n> > (1) A register must be kept in 2 parts, being—\n> > \n> > > (a) a part (the publicly available part) containing disclosures relating to Members made in Part A of an interest disclosure return, and\n> > \n> > > (b) a part (the confidential part) containing disclosures relating to the addresses of parcels of tenanted real property relating to Members made in Part B of an interest disclosure return.\n> \n> > (2) A register must be kept electronically.\n> \n> > (3) A Clerk must update the register as soon as practicable after an interest disclosure return is lodged.\n> \n> > (4) A Clerk may, for the purposes of the keeping, tabling or publication of a copy of a register, or a part of a register, delete the following—\n> > \n> > > (a) notes or directions concerning the completion of a form,\n> > \n> > > (b) if no disclosures are made under a particular heading in a form—matter under the heading apart from the word “NIL”,\n> > \n> > > (c) page numbers or other matter not relevant to a disclosure in a form.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Registers relating to Members must be made publicly available","content":"#### 22 Registers relating to Members must be made publicly available\n\n22 Registers relating to Members must be made publicly available\n\n> > (1) A Clerk must publish a searchable version of the information contained in the publicly available part of a register on the Parliament’s website.\n> \n> > (2) This section takes effect immediately before the end of the period of 12 months after this regulation is made.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Disclosure of registers relating to certain real property addresses","content":"#### 23 Disclosure of registers relating to certain real property addresses\n\n23 Disclosure of registers relating to certain real property addresses\n\n> > (1) The purpose of this section is to protect the privacy and safety of persons occupying real property required to be disclosed under this regulation.\n> \n> > (2) The confidential part of a register must be kept confidential.\n> \n> > (3) Despite subsection (2), information may be disclosed to the following—\n> > \n> > > (a) for information disclosed by a Member—the Member,\n> > \n> > > (b) the appropriate parliamentary committee,\n> > \n> > > (c) the Presiding Officer of the Member’s House,\n> > \n> > > (d) a person employed or engaged by or behalf the Clerk to assist the Clerk in the exercise of the Clerks functions,\n> > \n> > > (e) an officer of the Commission within the meaning of the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035),\n> > \n> > > (f) a person specified under subsection (4)(a),\n> > \n> > > (g) a person specified under subsection (6).\n> \n> > (4) A committee of a House of Parliament referred to in subsection (3)(b) may, in accordance with the Standing Rules or Orders of the House or a resolution of the House—\n> > \n> > > (a) specify a person to whom disclosure may be made, and\n> > \n> > > (b) resolve that specific information be tabled in the House and published, generally or subject to a restriction specified in the resolution.\n> \n> > (5) To avoid doubt, information referred to in subsection (4)(b) may be tabled in the House and published despite subsection (2).\n> \n> > (6) A House of Parliament may, by resolution, specify a person to whom disclosure may be made despite subsection (2), but only if the disclosure is to be made for the purpose of—\n> > \n> > > (a) the provision of advice to a Member concerning the disclosures under this regulation, or\n> > \n> > > (b) investigating a complaint in relation to a Member’s disclosures under this regulation.\n> > \n> > Examples—\n> > \n> > Under subsection (6), a House may specify—\n> > \n> > > (a) the Parliamentary Ethics Advisor, or\n> > \n> > > (b) the Independent Complaints Officer","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Tabling of register, first interest disclosure returns and annual declarations","content":"#### 24 Tabling of register, first interest disclosure returns and annual declarations\n\n24 Tabling of register, first interest disclosure returns and annual declarations\n\n> > (1) A Clerk must, as soon as practicable after a Member lodges an interest disclosure return under section 5 and the Clerk updates the register, give a copy of the information contained in the publicly available part of the register that relates to the Member to the Presiding Officer of the Clerk’s House for tabling.\n> \n> > (2) A Clerk must, as soon as practicable after 30 July in each year, give to the Presiding Officer of the Clerk’s House the following for tabling—\n> > \n> > > (a) a copy of each annual declaration lodged with the Clerk made under section 7,\n> > \n> > > (b) a copy of the information contained in the publicly available part of the register as at 30 July.","sortOrder":30},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Contravention of regulation","content":"#### 25 Contravention of regulation\n\n25 Contravention of regulation\n\n> A contravention of this regulation does not attract criminal or civil liability, except to the extent expressly provided by the Act, section 14A.","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Repeal","content":"#### 26 Repeal\n\n26 Repeal\n\n> The [Constitution (Disclosures by Members) Regulation 1983](/view/html/inforce/current/sl-1983-0155) is repealed.","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 27 Savings and transitional provisions\n\n27 Savings and transitional provisions\n\n> > (1) An act, matter or thing that, immediately before the repeal of the [Constitution (Disclosures by Members) Regulation 1983](/view/html/inforce/current/sl-1983-0155), had effect under that regulation continues to have effect under this regulation.\n> \n> > (2) Each Member must lodge an interest disclosure return with the Clerk on or before 30 September 2026.","sortOrder":34},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Interest disclosure return form","content":"# Schedule 1 Interest disclosure return form\n\nSchedule 1 Interest disclosure return form\n\nsections 4–6 and dictionary, definition of “interest disclosure return”\n\nForm Interest disclosure return\n\n**[Constitution (Disclosures by Members) Regulation 2026](/view/html/inforce/current/sl-2026-0110)**\n\n**Interest disclosure return—Legislative \\*Council/\\*Assembly**\n\nDirections—\n\n> 1 The particulars required to complete this form must be written in block letters or typed.\n\n> 2 Omit matter marked with an asterisk (\\*) if it is not applicable.\n\nDisclosures of pecuniary interests and other matters by—\n\n| ......................... | as at | ......................... |\n| (full name of Member) |  | (return date) |\n|  |  | ......................... |\n|  |  | (Member’s signature) |\n|  |  | ......................... |\n|  |  | (date) |\n\nPart A—Disclosures relating to member of parliament—to be made publicly available\n\nSection 1 Real property\n\n| Address of parcel of real property | Nature of interest |\n|  |  |\n|  |  |\n|  |  |\n\nDirection—\n\nA Member may disclose the following information about a parcel of tenanted real property in which the Member has an interest as an alternative to disclosing the address of the parcel—\n\n> (a) a statement that the parcel is a parcel of tenanted real property,\n\n> (b) the location of the parcel by suburb or area.\n\nIf the Member discloses the location of the parcel by suburb or area instead of the address, the Member must disclose the address in Part B of this return.\n\nSection 2 Trusts\n\n| Name of trust | Description of activities of trust | Nature of interest in trust | Interests held by trust |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n\nDirection—\n\nA Member may disclose the following information about a parcel of tenanted real property in which a trust has an interest as an alternative to disclosing the address of the parcel—\n\n> (a) a statement that the parcel is a parcel of tenanted real property,\n\n> (b) the location of the parcel by suburb or area.\n\nIf the Member discloses the location of the parcel by suburb or area instead of the address, the Member must disclose the address in Part B of this return.\n\nSection 3 Interests and positions in corporations\n\n| Name and address of corporation | Nature of interest or description of position held | Description of principal objects of corporation, if corporation is not a listed corporation |\n|  |  |  |\n|  |  |  |\n|  |  |  |\n\nSection 4 Positions in trade unions and professional or business associations\n\n| Name of union or association and description of position held |\n|  |\n|  |\n|  |\n\nSection 5 Debts\n\n| Disclosure of information about debts |\n|  |\n|  |\n|  |\n\nSection 6 Sources of income\n\n6.1 Income from employment, offices, partnerships and services\n\n6.1.1 Income received as employee\n\n| Name of occupation | Description of kinds of services provided | Name and address of employer | Description of business carried on by employer, if services provided relate to Member’s position as a Member |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n\n6.1.2 Income received as holder of office\n\n| Name or title of office and description of kinds of services provided | Name and address of corporation or body, if any, in which office is held | Description of business carried on by entity, if services provided relate to Member’s position as a Member |\n|  |  |  |\n|  |  |  |\n|  |  |  |\n\n6.1.3 Income from partnership\n\n| Name of occupation, if any | Description of kinds of services provided | Name and address of partnership | Description of business carried on by partnership, if services provided relate to Member’s position as a Member |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n\n6.1.4 Income from services provided under another contract, agreement or arrangement\n\n| Name of occupation, if any, and description of services provided | Names and addresses of parties to contract, agreement or arrangement to provide services | Description of business carried on by other parties, if services provided relate to Member’s position as a Member |\n|  |  |  |\n|  |  |  |\n|  |  |  |\n\n6.2 Income from trust\n\n| Name and address of settlor | Name and address of trustee |\n|  |  |\n|  |  |\n|  |  |\n\n6.3 Other income\n\n| Disclosure of information about other income |\n|  |\n|  |\n|  |\n\nSection 7 Gifts\n\n| Description of gift received | Name and address of donor |\n|  |  |\n|  |  |\n|  |  |\n\nSection 8 Contributions to travel\n\n| Name and address of person who made contribution to travel | Dates of travel | Places of travel (name State, Territory or country) |\n|  |  |  |\n|  |  |  |\n|  |  |  |\n\nSection 9 Dispositions of interests\n\n| Disclosure of disposition of interests |\n|  |\n|  |\n|  |\n\nSection 10 Water access licences\n\n| Water access licence number | Nature of interest |\n|  |  |\n|  |  |\n|  |  |\n\nSection 11 Discretionary disclosures\n\n| Disclosures that are discretionary—general |\n|  |\n|  |\n|  |\n\nPart B—Disclosures relating to tenanted real property—to be kept confidential\n\nSection 1 Real property\n\n| Address of parcel of real property | Nature of interest |\n|  |  |\n|  |  |\n|  |  |\n\nDirection—\n\nIf a Member has, in Part A of this return, disclosed the location of a parcel of tenanted real property in which the Member has an interest by suburb or area as an alternative to disclosing the address of the parcel, the Member must disclose the address of the parcel in this section.\n\nSection 2 Trusts\n\n| Name of trust | Description of activities of trust | Nature of interest in trust | Interests held by trust |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n\nDirection—\n\nIf a Member has, in Part A of this return, disclosed the location of a parcel of tenanted real property in which a trust has an interest by suburb or area as an alternative to disclosing the address of the parcel, the Member must disclose the address of the parcel in this section.","sortOrder":35},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Annual declaration form","content":"# Schedule 2 Annual declaration form\n\nSchedule 2 Annual declaration form\n\nsection 7 and dictionary, definition of “annual declaration”\n\nForm Annual declaration\n\n**[Constitution (Disclosures by Members) Regulation 2026](/view/html/inforce/current/sl-2026-0110)**\n\n**Annual declaration—Legislative \\*Council/\\*Assembly**\n\nDirection—\n\nOmit matter marked with an asterisk (\\*) if it is not applicable.\n\nNote—\n\nThe Member of Parliament is under an obligation to continuously update the register of disclosures kept by the Clerk—see the [Constitution (Disclosures by Members) Regulation 2026](/view/html/inforce/current/sl-2026-0110), section 6.\n\nThe register of disclosures maintained by the Clerk of the Legislative \\*Council/\\*Assembly as at 30 June of this year, to the best of my knowledge—\n\n> (a) accurately compiles the information lodged in my interest disclosure returns, and\n\n> (b) contains all the information required to be disclosed by me under the [Constitution (Disclosures by Members) Regulation 2026](/view/html/inforce/current/sl-2026-0110).\n\n| ......................... | as at | ......................... |\n| (full name of Member) |  | (declaration date) |\n|  |  | ......................... |\n|  |  | (Member’s signature) |\n|  |  | ......................... |\n|  |  | (date) |","sortOrder":36},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 3 Dictionary\n\nSchedule 3 Dictionary\n\nsection 3\n\naddress means—\n\n> (a) in relation to a person other than a corporation—the last residential or business address of the person known to the Member disclosing the address, or\n\n> (b) in relation to a corporation—the address of the registered office of the corporation in New South Wales or, if there is no office in New South Wales, the address of the principal office of the corporation in the place in which it is incorporated, or\n\n> (c) in relation to real property—the postal address of the property or the particulars of title of the property.\n\nannual declaration means a written declaration in or to the effect of the form in Schedule 2.\n\nappropriate parliamentary committee, for a Member, means the following—\n\n> (a) for a Member the Legislative Council—the committee designated under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), section 72B,\n\n> (b) for a Member the Legislative Assembly—the committee designated under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), section 72DA.\n\nClerk means—\n\n> (a) in relation to a Member of the Legislative Council—the Clerk of the Legislative Council, or\n\n> (b) in relation to a Member of the Legislative Assembly—the Clerk of the Legislative Assembly.\n\nconfidential part of a register—see section 21(1)(b).\n\ndebt means a debt arising from—\n\n> (a) a loan of money, or\n\n> (b) the supply of goods or services.\n\ndisposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property and includes the following—\n\n> (a) the allotment of shares in a company,\n\n> (b) the creation of a trust in relation to property,\n\n> (c) the grant or creation of a lease, mortgage, charge, easement, licence, power, partnership or interest in relation to property,\n\n> (d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or of an interest in relation to property,\n\n> (e) the exercise by a person of a general power of appointment over property in favour of another person,\n\n> (f) a transaction entered into by a person with the intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person.\n\ndonor means a person who makes a gift.\n\nexercise a function includes perform a duty.\n\nfunction includes a power, authority or duty.\n\ngeneral election means a concurrent—\n\n> (a) periodic Council election, and\n\n> (b) general election of Members of the Legislative Assembly.\n\ngift means a disposition of property by a person to another person, otherwise than by will, that is a disposition without consideration in money or money’s worth or with inadequate consideration, but does not include a financial or other contribution to travel.\n\nincome means assessable income within the meaning of the [Income Tax Assessment Act 1936](http://www.legislation.gov.au/) of the Commonwealth or the [Income Tax Assessment Act 1997](http://www.legislation.gov.au/) of the Commonwealth, but does not include remuneration payable under the [Parliamentary Remuneration Act 1989](/view/html/inforce/current/act-1989-160).\n\ninterest means—\n\n> (a) in relation to property—an estate, interest, right or power, whether at law or in equity, in or over the property, or\n\n> (b) in relation to a corporation—a relevant interest, within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, in securities issued or made available by the corporation.\n\ninterest disclosure return means a return in or to the effect of the form in Schedule 1.\n\nlisted corporation means a listed corporation within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n\nMember means a Member of either House of Parliament.\n\noccupation includes a trade, profession or vocation.\n\nparliamentary term means the period between a general election and a later general election.\n\npolitical party means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the election to the NSW Parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms part.\n\nprofessional or business association means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the economic interests of its members in an occupation.\n\nproperty includes money.\n\npublicly available part of a register—see section 21(1)(a).\n\nregister means a register compiled and maintained under Part 4.\n\nrelative, in relation to a Member, means the following—\n\n> (a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Member or of the Member’s spouse or de facto partner,\n\n> (b) the spouse or de facto partner of the Member or of another person specified in paragraph (a).\n> \n> Note—\n> \n> De facto partner is defined in the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 21C.\n\nsecurities has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 92(1).\n\ntenanted real property means a parcel of real property occupied by a tenant under a lease agreement.\n\nthe Act means the [Constitution Act 1902](/view/html/inforce/current/act-1902-032).\n\ntravel includes accommodation incidental to a journey.\n\nwater access licence means an access licence within the meaning of the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).","sortOrder":37}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation repeals the 1983 instrument but includes savings and transitional provisions preserving existing effect (sections 26–27). The text does not itself state an expansion or narrowing of disclosure categories beyond those set out in this instrument; any change of scope from the prior regulation is not evidenced within the supplied text."},"complexity_factors":["Multiple, detailed disclosure categories with different disclosure rules (real property, trusts, corporations, debts, income, gifts, travel, dispositions, water licences) (Parts 3, sections 9–18; Schedule 1).","Monitored timing and ongoing update obligations: initial returns after first assembly or oath, further returns on change or mistake, and annual declarations (sections 5–7).","Public vs confidential register structure and publication duties: register split into publicly available and confidential parts; publication obligation and timing (sections 20–22, 21(1)).","Confidentiality carve-outs and controlled disclosure: confidential part withheld but may be disclosed to committees, Presiding Officers, authorised staff, ICAC officers or persons specified by resolution (section 23(2)–(6)).","Electronic lodgement, form directions and guidance: forms may be lodged electronically and parts must follow form directions and committee guidelines (section 4; Schedule 1).","Multiple exceptions and thresholds (e.g. debts/gifts/travel thresholds, trustee/executor carve-outs, community corporation exceptions) that affect reporting burdens (sections 9(4), 10(3)–(4), 11(2), 13(3), 15(2), 16(2)).","Limited enforcement mechanics: contraventions attract no criminal or civil liability except as expressly provided by the Act (section 25).","Transitional and repeal mechanics: repeal of prior regulation with savings and a mandated lodgement deadline for current Members (sections 26–27)."],"plain_english_summary":"Creates a routine disclosure system requiring Members to lodge interest disclosure returns after elections, on material change, and annually; returns cover property, trusts, corporate interests, debts, income, gifts, travel, dispositions and water licences. The Clerk must keep an electronic register with a public part and a confidential part (tenanted addresses), publish the public part, and make confidential material available to committees and authorised officials. Members must update returns; contraventions attract no criminal or civil liability except as provided by the Act (section 14A)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available in the provided text to assess whether the regulation's scope has shifted from its original intent. The document as provided contains only administrative metadata, status information, and navigation elements — no operative provisions are visible. No scope change can be confirmed or denied on this basis."},"complexity_factors":["The actual substantive content of the regulation is not included in the provided text — only metadata and status information is available, making meaningful analysis of operational complexity impossible","The regulation derives authority from an existing Act (likely the NSW Constitution Act 1902), requiring cross-referencing to understand its full scope","None of the provisions have commenced, creating a layer of procedural uncertainty about when and how the rules will apply","Disclosure regimes for parliamentarians can involve nuanced definitions of what must be declared, thresholds, timeframes and exemptions — though these details are not visible here","Interaction with existing disclosure frameworks (such as the NSW Electoral Funding Act or parliamentary codes of conduct) may add complexity once the text is available"],"plain_english_summary":"This NSW regulation sets out disclosure rules for Members of Parliament—what financial interests, gifts and other matters they must declare—to promote transparency and help spot conflicts of interest. It primarily affects NSW MPs and indirectly benefits the public by strengthening accountability.\n\nImportant: although registered, none of its provisions have commenced yet, so the requirements are not currently in force."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This regulation appears to be a straightforward replacement of the 1983 regulation with modernised provisions. The scope remains focused on MP financial disclosure with no significant expansion beyond the original purpose. The addition of water access licences reflects an update to capture relevant contemporary interests in NSW rather than scope creep."},"complexity_factors":["Multiple nested exceptions throughout (e.g., section 13 debts has 4 main exceptions with sub-exceptions in 13(3)(a))","Cross-references to 5 external Acts (Corporations Act 2001, Electoral Funding Act 2018, ICAC Act 1988, Water Management Act 2000, Constitution Act 1902)","Dual-part form system (Part A public, Part B confidential) with conditional logic about when to use each","27 defined terms in Schedule 3, some with their own nested definitions (e.g., 'relative' has 2 paragraphs with multiple relationships listed)","Threshold-based triggers ($500 for gifts/debts/income, $250 for travel) with aggregation rules for multiple transactions from one person","Temporal conditions (12-month periods, parliamentary term references, commencement dates)","Alternative disclosure options for residential and tenanted property requiring conditional logic","Savings and transitional provisions creating parallel obligations (section 27)"],"plain_english_summary":"This regulation sets up a transparency system requiring New South Wales Members of Parliament to publicly disclose their financial interests and other matters that could create conflicts of interest.\n\n**Who it affects:**\n- All Members of the NSW Legislative Council and Legislative Assembly (MPs)\n- The Clerks of both Houses who maintain the registers\n- Parliamentary committees overseeing the process\n\n**What it requires:**\n\n**Initial disclosure:** New MPs must lodge an interest disclosure return within one month of taking office after an election, listing their financial interests.\n\n**Ongoing updates:** MPs must lodge updated returns within one month whenever:\n- Something they've disclosed changes\n- A new disclosable interest arises\n- They discover a mistake in a previous return\n\n**Annual check:** MPs must lodge an annual declaration confirming their register is accurate and complete.\n\n**What must be disclosed:**\n- **Real property** – addresses of land and buildings they own or have an interest in (with privacy protections for their home addresses and tenants' addresses)\n- **Trusts** – any trusts they benefit from or act as trustee for\n- **Company interests** – shares or positions held in corporations\n- **Union and professional association roles** – any positions held\n- **Debts** – who they owe money to (with exceptions for small debts, relatives, and normal bank loans)\n- **Income sources** – any income over $500/year from employment, businesses, partnerships, or trusts\n- **Gifts** – gifts worth more than $500 (with exceptions for small gifts, political donations already disclosed elsewhere, and gifts from relatives)\n- **Travel contributions** – who paid for their travel and where they went (with exceptions for small contributions, family, and party political travel)\n- **Dispositions** – arrangements where they've transferred assets but kept the benefit\n- **Water access licences** – any interests in water rights\n\n**Privacy protections:**\n- MPs can list their home address as simply \"principal/secondary residence\" plus suburb\n- Tenanted property addresses go in a confidential Part B of the register, not publicly available\n- The confidential addresses can only be accessed by the MP, parliamentary committees, the Presiding Officer, ICAC, and certain advisors\n\n**Public access:**\nThe publicly available parts of the register must be published on the Parliament's website in a searchable format.\n\n**Why it matters:**\nThis creates transparency about MPs' financial interests so the public, media, and other MPs can identify potential conflicts of interest—situations where an MP's personal financial interests might influence their public decisions. It replaces a 1983 regulation with updated rules, including new requirements for water access licences and clearer rules about income disclosure."}},"importantCases":[],"_links":{"self":"/api/acts/constitution-disclosures-by-members-regulation-2026","history":"/api/acts/constitution-disclosures-by-members-regulation-2026/history","analysis":"/api/acts/constitution-disclosures-by-members-regulation-2026/analysis","conflicts":"/api/acts/constitution-disclosures-by-members-regulation-2026/conflicts","importantCases":"/api/acts/constitution-disclosures-by-members-regulation-2026/important-cases","documents":"/api/acts/constitution-disclosures-by-members-regulation-2026/documents"}}