QLDIn ForceAct
Industrial Relations Act 2016
sec.742Register of gifts, hospitality and other benefits given and received must be kept
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### sec.742 Register of gifts, hospitality and other benefits given and received must be kept
An organisation must, for each financial year, keep a written register stating the particulars mentioned in subsection (2) for each of the following (each a benefit )—
any of the following given in the year by the organisation to a person other than an officer or employee of the organisation—
a gift that has a value of more than—
$150; or
if a higher value is prescribed by regulation—the higher value;
a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person;
an amount or a non-cash benefit given in the year by the organisation to an officer or employee, other than an amount or benefit given—
as remuneration; or
for the costs of travel undertaken or accommodation used by the officer or employee in an official capacity;
any of the following received in the year by an officer or employee of the organisation from an entity other than the organisation—
a gift received by the officer or employee in an official capacity that has a value of more than—
$150; or
if a higher value is prescribed by regulation—the higher value;
a sponsored hospitality benefit.
Maximum penalty—40 penalty units.
The register must state the following particulars for each benefit—
the name of the recipient of the benefit;
the name of the entity who gave the benefit;
a description of the benefit;
the value of the benefit;
the date the benefit was given.
If an officer or employee of the organisation receives a benefit mentioned in subsection (1) (c) , the officer or employee must, within 30 days after the receipt, notify the organisation of the receipt.
Maximum penalty—40 penalty units.
For subsection (1) (c) , a person does not receive a gift in an official capacity if—
the gift was given to the person by another person who is the first person’s spouse, other family member or friend; and
there could not be a perception of a conflict of interest, financial or otherwise, relating to the gift.
An organisation must keep each register of benefits kept by it for at least 7 years after the period to which the register relates.
Maximum penalty—40 penalty units.
(sec.742-ssec.1) An organisation must, for each financial year, keep a written register stating the particulars mentioned in subsection (2) for each of the following (each a benefit )— any of the following given in the year by the organisation to a person other than an officer or employee of the organisation— a gift that has a value of more than— $150; or if a higher value is prescribed by regulation—the higher value; a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person; an amount or a non-cash benefit given in the year by the organisation to an officer or employee, other than an amount or benefit given— as remuneration; or for the costs of travel undertaken or accommodation used by the officer or employee in an official capacity; any of the following received in the year by an officer or employee of the organisation from an entity other than the organisation— a gift received by the officer or employee in an official capacity that has a value of more than— $150; or if a higher value is prescribed by regulation—the higher value; a sponsored hospitality benefit. Maximum penalty—40 penalty units.
(sec.742-ssec.2) The register must state the following particulars for each benefit— the name of the recipient of the benefit; the name of the entity who gave the benefit; a description of the benefit; the value of the benefit; the date the benefit was given.
(sec.742-ssec.3) If an officer or employee of the organisation receives a benefit mentioned in subsection (1) (c) , the officer or employee must, within 30 days after the receipt, notify the organisation of the receipt. Maximum penalty—40 penalty units.
(sec.742-ssec.4) For subsection (1) (c) , a person does not receive a gift in an official capacity if— the gift was given to the person by another person who is the first person’s spouse, other family member or friend; and there could not be a perception of a conflict of interest, financial or otherwise, relating to the gift.
(sec.742-ssec.5) An organisation must keep each register of benefits kept by it for at least 7 years after the period to which the register relates. Maximum penalty—40 penalty units.
- (a) any of the following given in the year by the organisation to a person other than an officer or employee of the organisation— (i) a gift that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value; (ii) a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person;
- (i) a gift that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value;
- (A) $150; or
- (B) if a higher value is prescribed by regulation—the higher value;
- (ii) a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person;
- (b) an amount or a non-cash benefit given in the year by the organisation to an officer or employee, other than an amount or benefit given— (i) as remuneration; or (ii) for the costs of travel undertaken or accommodation used by the officer or employee in an official capacity;
- (i) as remuneration; or
- (ii) for the costs of travel undertaken or accommodation used by the officer or employee in an official capacity;
- (c) any of the following received in the year by an officer or employee of the organisation from an entity other than the organisation— (i) a gift received by the officer or employee in an official capacity that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value; (ii) a sponsored hospitality benefit.
- (i) a gift received by the officer or employee in an official capacity that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value;
- (A) $150; or
- (B) if a higher value is prescribed by regulation—the higher value;
- (ii) a sponsored hospitality benefit.
- (i) a gift that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value;
- (A) $150; or
- (B) if a higher value is prescribed by regulation—the higher value;
- (ii) a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person;
- (A) $150; or
- (B) if a higher value is prescribed by regulation—the higher value;
- (i) as remuneration; or
- (ii) for the costs of travel undertaken or accommodation used by the officer or employee in an official capacity;
- (i) a gift received by the officer or employee in an official capacity that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value;
- (A) $150; or
- (B) if a higher value is prescribed by regulation—the higher value;
- (ii) a sponsored hospitality benefit.
- (A) $150; or
- (B) if a higher value is prescribed by regulation—the higher value;
- (a) the name of the recipient of the benefit;
- (b) the name of the entity who gave the benefit;
- (c) a description of the benefit;
- (d) the value of the benefit;
- (e) the date the benefit was given.
- (a) the gift was given to the person by another person who is the first person’s spouse, other family member or friend; and
- (b) there could not be a perception of a conflict of interest, financial or otherwise, relating to the gift.