NORTHERN TERRITORY OF AUSTRALIA
LEGISLATIVE ASSEMBLY (DISCLOSURE OF INTERESTS) ACT 2008
As in force at 30 November 2018
Table of provisions
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Registration of members' interests .................................................. 2
5 Register of interests......................................................................... 2
6 Contempt of Legislative Assembly................................................... 3
7 Transitional provision for commencement of this Act ...................... 3
8 Repeals ........................................................................................... 4
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 November 2018
LEGISLATIVE ASSEMBLY (DISCLOSURE OF INTERESTS) ACT 2008
An Act to provide for the disclosure of interests by Members of the
Legislative Assembly and for related purposes
1 Short title
This Act may be cited as the Legislative Assembly (Disclosure of
Interests) Act 2008.
2 Commencement
This Act commences on the date fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
Assembly means the Legislative Assembly.
Clerk means the Clerk of the Legislative Assembly.
Committee of Members' Interest means a parliamentary
committee (whether or not established under that name) assigned
by resolution of the Assembly to act as the Committee of Members'
Interests for this Act.
member means a member of the Legislative Assembly.
registrable interest means an interest or benefit designated as a
registrable interest in the Schedule.
related person, of a member, means a person who is:
(a) a spouse or de facto partner of the member; or
Legislative Assembly (Disclosure of Interests) Act 2008 2
(b) a child of the member who is wholly or mainly dependent on
the member for support.
Note
This Act is closely modelled on resolutions of the House of Representatives for
disclosure and registration of interests. However, a significant difference between
this Act and the Commonwealth resolutions is that, in this Act, a de facto partner
(including a same sex partner) is treated in the same way as a spouse.
required information, for a registrable interest, means the
information designated in the Schedule as required information for
the registrable interest.
4 Registration of members' interests
(1) Within 28 days after making and subscribing an oath or affirmation
as a member, the member must give the Clerk a statement
specifying:
(a) the member's registrable interests; and
(b) the registrable interests, of which the member is aware, of
each related person of the member.
(2) The statement must include interests held at the date of the
member's election (or re-election) and alterations of interests that
occurred between that date and the date of completing the
statement.
(3) A member must give notice to the Clerk of any alteration to the
member's registrable interests, or those of a related person of the
member, within 28 days after the member becomes aware of the
alteration.
(4) A statement of registrable interests, or a notice about an alteration
to registrable interests, must:
(a) be in a form determined by the Committee of Members'
Interests; and
(b) specify the required information for each registrable interest.
5 Register of interests
(1) The Clerk must keep a register of interests disclosed under this Act.
(2) The register is to be kept as directed by the Committee of Members'
Interests.
Section 1 - Legislative Assembly (Disclosure of Interests) Act 2008 - Legislative Assembly (Disclosure of Interests) Act 2008 | Zoe
Legislative Assembly (Disclosure of Interests) Act 2008 3
(3) The register is to be available for inspection under reasonable
conditions to be laid down by the Committee of Members' Interests
from time to time.
(4) In determining conditions for inspection, the Committee of
Members' Interests must give effect to the principle that the
information recorded in the register should be generally available to
the public unless there is good reason to restrict its availability.
(5) Despite subsections (3) and (4), the ICAC or a person authorised in
writing by the ICAC, may inspect and take a copy of, or extract
from, the register at any time.
(6) The ICAC may also inspect and take a copy of, or extract from, the
register as kept by the Clerk for previous sessions of the Legislative
Assembly, including the registrable interests disclosed by former
members.
6 Contempt of Legislative Assembly
(1) A member commits a contempt of the Legislative Assembly if the
member:
(a) knowingly fails to give to the Clerk a statement of registrable
interests as and when required by this Act; or
(b) knowingly fails to give notice to the Clerk about any alteration
to registrable interests as and when required by this Act; or
(c) knowingly gives false or misleading information to the Clerk in
relation to registrable interests.
(2) The contempt is to be dealt with under the Legislative Assembly
(Powers and Privileges) Act 1992.
7 Transitional provision for commencement of this Act
(1) For each member, the Clerk must transfer to the register
information given, under the Legislative Assembly (Register of
Members' Interests) Act 1982, after 30 June 2008 by the member.
(2) Within 1 month after the commencement, the Clerk must give to
each member written notice about the information transferred to the
register.
(3) Within 2 months after the commencement, each member must give
to the Clerk:
(a) a statement of registrable interests or a notice about an
alteration to registrable interests, that complies with
Legislative Assembly (Disclosure of Interests) Act 2008 4
section 4(4), relating to the member's registrable interests and
the registrable interests of which the member is aware for
each related person of the member; or
(b) a written notice stating no alteration is required to the
member's registrable interests or the registrable interests of
which the member is aware for each related person of the
member.
Note
After this process is completed, section 4(3) will apply to an alteration relating to
the register.
(4) In this section:
commencement means commencement of this section.
register means the register mentioned in section 5.
8 Repeals
The following Acts are repealed:
(a) Legislative Assembly (Register of Members' Interests)
Act 1982 (Act No. 49 of 1982);
(b) Legislative Assembly (Register of Members' Interests)
Amendment Act 1987 (Act No. 10 of 1987).
Schedule
Legislative Assembly (Disclosure of Interests) Act 2008 5
Schedule
section 3, definitions registrable interests
and required information
Registrable interest Required information
Shareholding in a public or private
company (including a holding
company)
The name of the company
Interest as trustee or beneficiary in a
family or business trust (but not an
interest as a trustee in a trust in which
neither the member, nor a related
person to a member, is a beneficiary)
The name of the trust, the nature of
its operation, the nature of the interest
Interest as owner of real estate The location (suburb or area only)
and the purpose for which it is owned
Registered company directorship The name of the company
Interest in partnership The name of the partnership, the
nature of the interest, and the
activities of the partnership
Liability The nature of the liability and the
creditor concerned
Bonds, debentures or similar
investments
The nature of the investment
Saving or investment account The nature of the account and the
name of the bank or other institution
concerned
Another asset (excluding household
and personal effects) valued at over
$7,500
The nature of each asset
Gifts received since the date of the
member's election and exceeding
$750 in value if received from official
sources or $300 in value if received
from other sources (but a gift received
by a member or a related person from
a family member or personal friend in
a purely personal capacity is not a
The nature and date of the gift and
the person from whom it was received
Schedule
Legislative Assembly (Disclosure of Interests) Act 2008 6
registrable interest unless the
member judges that an appearance
of conflict of interest may be seen to
exist
Sponsored travel or hospitality
received since the date of the
member's election and exceeding
$300 in value
The nature and date of the travel or
hospitality and the name of the
sponsor
Membership of an organisation where
conflict of interest with a member's
public duties could foreseeably arise
or be seen to arise
The name of the organisation
Any other interest where a conflict of
interest with a member's public duties
could foreseeably arise or be seen to
arise
The nature of the interest
Any other substantial source of
income
The nature of the source of income
ENDNOTES
Legislative Assembly (Disclosure of Interests) Act 2008 7
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Legislative Assembly (Disclosure of Interests) Act 2008 (Act No. 34, 2008)
Assent date 8 December 2008
Commenced 12 August 2009 (Gaz S43, 12 August 2009)
Independent Commissioner Against Corruption (Consequential and Related
Amendments) Act 2018 (Act No. 3, 2018)
Assent date 21 February 2018
Commenced 30 November 2018 (s 2, s 2 Independent Commissioner
Against Corruption Act 2017 (Act No. 23, 2017) and Gaz S94,
30 November 2018)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 6 and 7.
4 LIST OF AMENDMENTS
s 5 amd No. 3, 2018, s 20