Sch 3Register of Interests—Form of returns

Schedule 3—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; designated person or entity, in relation to a member of a council, means— (a) a member of the member's family; or (b) a family company of the member; or (c) a trustee of a family trust of the member; family, in relation to a member, means— (a) a spouse or domestic partner of the member; and (b) a child or stepchild of the member; family company of a 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 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; 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; return period, in relation to a return of a member (other than a return submitted under section 65), means— (a) in the case of a member whose last return was the return submitted under section 65—the period between the date of that return and 30 June next following; or (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 return is required to be submitted; 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. 2—Contents of return (a1) For the purposes of this Act, a return must be in the form determined by the Minister. (1) For the purposes of this Act, a primary return must contain the following information: (a) a statement of any income source that the member required to submit the return or a designated person or entity in relation 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 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 contain the following information: (a) if the member required to submit the return or a designated person or entity in relation 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 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 (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 member required to submit the return or a designated person or entity in relation to the member is an investor; and (ab) the name and business address of any employer of the member and, if the member is employed, the name of the office or place where the member works or a concise description of the nature of the member's work; 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 member is a member; and (c) a concise description of any trust (other than a testamentary trust) of which the member or a designated person or entity in relation 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 member or a designated person or entity in relation to the member has any beneficial interest other than by way of security for any debt; and (e) any fund in which the member or a designated person or entity in relation to the member has an actual or prospective interest to which contributions are made by a person other than the member or a designated person or entity in relation to the member; and (f) if the member or a designated person or entity in relation to the member is indebted to another person (not being a relative of the member or 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 member or a designated person or entity in relation to the member is owed money by a natural person (not being a relative of the member or a member of the member's family) 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 member or of a designated person or entity in relation 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 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 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 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 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 designated person in relation to the member. (8) Nothing in this clause requires disclosure of the actual amount or extent of a financial benefit, contribution or interest.