Version incorporating amendments as at
31 December 2024
table of provisions
Section Page
Part 1—Preliminary 1
1 Short title and commencement 1
2 Definitions 2
3 Objective of Act 7
3A Extraterritorial operation 7
Part 2—Statement of Values 8
4 Statement of Values 8
Part 3—Code of Conduct 9
5 Outline of Part 9
5A Effect of Code of Conduct 9
6 Upholding democracy and respecting others regardless of background 9
6A Appropriate workplace behaviour 10
6B Upholding parliamentary standards and integrity 10
7 Conflicts of interest 10
8 Using position for profit 11
9 Outside employment and activities 11
10 Accepting any gift, hospitality or other benefit 11
11 Use of influence 12
12 Use of public resources 12
13 Personal conduct 12
14 Managing confidential and personal information 13
15 Post-retirement activities 13
16 Constitution Act 1975 not affected 14
Part 4—Register of Interests 15
17 Submission of primary returns 15
18 Submission of ordinary returns 15
19 Information to be included in primary returns 15
20 Information to be included in ordinary returns 19
21 Further requirement to submit information 20
22 Threshold amounts for information submitted 20
23 Threshold amounts for year ending 30 June 2019 21
24 CPI adjusted threshold amounts 22
25 Notice of CPI adjusted threshold amounts 23
26 Register of Interests 23
27 Reporting and referral of Members 24
28 Restriction on publication 25
29 Tabling of returns 25
Part 5—General 26
30 Referral of alleged breach of Part 3 or 4 26
31 Failure to comply with Part 3 or 4 26
32 Regulations 27
33 Construction of references 27
Part 6—Review 29
34 Minister to conduct review 29
Endnotes 30
1 General information 30
2 Table of Amendments 32
Section 1 - Members of Parliament (Standards) Act 1978 - Members of Parliament (Standards) Act 1978 | Zoe
3 Explanatory details 33
Version No.006
Members of Parliament (Standards) Act 1978
No. 9223 of 1978
Version incorporating amendments as at
31 December 2024
An Act to enact a Code of Conduct for Members of the Parliament of Victoria, to establish a Register of certain Interests of Members of that Parliament and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Pt 1 (Heading) inserted by No. 5/2019 s. 73(1).
Part 1—Preliminary
1 Short title and commencement
S. 1(1) amended by No. 5/2019 s. 72(2).
(1) This Act may be cited as the Members of Parliament (Standards) Act 1978.
(2) This Act shall come into operation on the day upon which it receives the Royal Assent.
S. 1(3) repealed by No. 5/2019 s. 73(2).
S. 2 substituted by No. 5/2019 s. 74.
2 Definitions
(1) In this Act—
beneficial interest means a beneficial interest specified in section 19(1) or 20(1) and includes an interest in a private superannuation fund;
Budget means the Electorate Office and Communications Budget;
debt does not include a personal debt of the Member—
(a) owed to a member of the Member's family; or
(b) owed to an ADI; or
(c) owed to a person whose ordinary business includes the lending of money; or
(d) arising from the supply of ordinary household or office‑related goods and services;
domestic partner of a person means—
(a) a person who is in a registered domestic relationship with the person; or
(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
family, in relation to a Member, means the Member's spouse, domestic partner, child, grandchild, parent or grandparent, or any other person reasonably considered to be a member of the Member's family;
gift includes a transfer of property or the conferral of a financial benefit, including hospitality, made without consideration or without adequate consideration, but does not include—
(a) a political donation; or
(b) a gift made by a member of the Member's family;
hospitality does not include hospitality provided to the Member when the Member is acting in an official capacity;
income has the same meaning as assessable income has in the Income Tax Assessment Act 1997 of the Commonwealth but does not include—
(a) any parliamentary salary or work‑related parliamentary allowances, the Budget or any other public resources; or
(b) income from savings or investment accounts and public superannuation funds;
listed corporation has the same meaning as in section 9 of the Corporations Act;
Member means Member of the Parliament of Victoria;
official capacity, in relation to a Member, means acting as, or on behalf of—
(a) a Member; or
(b) a Minister;
S. 2(1) def. of Parliamentary Integrity Adviser inserted by No. 27/2024 s. 126(a).
Parliamentary Integrity Adviser means the person appointed under section 91 of the Parliamentary Workplace Standards and Integrity Act 2024;
S. 2(1) def. of Parliamentary Workplace Standards and Integrity Commission inserted by No. 27/2024 s. 126(a).
Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;
political donation has the same meaning as in the Electoral Act 2002;
prescribed means prescribed by regulations made under this Act;
private superannuation fund means a self managed superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
S. 2(1) def. of public duties amended by No. 27/2024 s. 126(b).
public duties includes the following—
(a) committee business;
(b) electorate business;
(d) parliamentary business;
S. 2(1) def. of public resources amended by No. 5/2019 s. 80(1).
public resources means the work-related parliamentary allowances and other funding, resources or facilities, including the Budget, provided for use by Members in the performance of their public duties but does not include the following—
(a) basic salaries and additional salaries payable under the Parliamentary Salaries, Allowances and Superannuation Act 1968;
(b) the separation payment under section 7E of the Parliamentary Salaries, Allowances and Superannuation Act 1968;
public superannuation fund means a superannuation fund that is not a private superannuation fund;
Register means the Register of Interests continued and maintained under section 26;
return period, in relation to an ordinary return of a Member, means—
(a) in the case of a Member whose last return was a primary return, the period between the date of the primary return and 31 January or 30 June next following; and
(b) in the case of any other Member, the period between the date of the Member's last ordinary return and 31 January or 30 June next following;
specified person means—
(a) a member of the Member's family; or
(b) a corporation or entity in which the Member has an interest as an officer, a person with a controlling beneficial interest or a member; or
(c) a creditor or debtor of the Member, except where the debt is owed to or by a member of the Member's family, an ADI or other persons whose ordinary business includes the lending of money or the supply of ordinary household or office-related goods or services; or
(d) a donor of a gift to the Member;
trade or professional organisation means any body corporate or unincorporate of employers or employees of persons engaged—
(a) in primary, secondary or tertiary industry; or
(b) in any profession, trade or other occupation—
any of the objects of which is the furtherance of the industrial or economic interest of the body or any of its members;
S. 2(1) def. of work-related parliamentary allowances amended by No. 5/2019 s. 80(1).
work-related parliamentary allowances means the following allowances under the Parliamentary Salaries, Allowances and Superannuation Act 1968—
(a) a parliamentary accommodation sitting allowance;
(b) a travel allowance;
(c) any other prescribed allowance.
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c) a person is not a domestic partner of another person only because they are co-tenants.
S. 3 inserted by No. 5/2019 s. 75.
3 Objective of Act
The objective of this Act is to ensure that the responsibilities and obligations of Members reflect community expectations and community standards.
S. 3A inserted by No. 27/2024 s. 127.
3A Extraterritorial operation
This Act extends to conduct of a Member engaged in or allegedly engaged in outside Victoria, including outside Australia.
Pt 2 (Heading and s. 4) inserted by No. 5/2019 s. 76.
Part 2—Statement of Values
S. 4 inserted by No. 5/2019 s. 76.
4 Statement of Values
Members should demonstrate the following values in carrying out their public duties—
(a) serving the public interest;
(b) upholding democracy;
(c) integrity;
(d) accountability;
(e) respect for the diversity of views and backgrounds within the Victorian community;
(f) diligence;
(g) leadership.
Pt I (Heading and s. 3) substituted as Pt 3 (Heading and ss 5–16) by No. 5/2019 s. 77.
Part 3—Code of Conduct
S. 5 inserted by No. 5/2019 s. 77.
5 Outline of Part
(1) This Part sets out the Code of Conduct that Members must observe when carrying out their public duties.
(2) The Code of Conduct sets out the manner in which a Member demonstrates the values set out in section 4.
S. 5A inserted by No. 5/2019 s. 77.
5A Effect of Code of Conduct
The Parliament does not intend that the Code of Conduct—
(a) creates in any person any legal right or gives right to any civil cause of action; or
(b) affects in any way the interpretation of any Act or law in force in Victoria other than this Act.
S. 6 inserted by No. 5/2019 s. 77.
6 Upholding democracy and respecting others regardless of background
A Member must—
(a) make the performance of their public duties their prime responsibility; and
(b) exercise reasonable care and diligence in performing their public duties; and
(c) submit themselves to the lawful scrutiny appropriate to their office; and
(d) treat all persons with respect and have due regard for their opinions, beliefs, rights and responsibilities.
S. 6A inserted by No. 27/2024 s. 128.
6A Appropriate workplace behaviour
(1) A Member must foster a healthy, safe, respectful and inclusive environment in the parliamentary workplace, free from bullying, sexual harassment, assault and discrimination.
(2) In this section, bullying, discrimination, parliamentary workplace and sexual harassment have the same meanings as in the Parliamentary Workplace Standards and Integrity Act 2024.
S. 6B inserted by No. 27/2024 s. 128.
6B Upholding parliamentary standards and integrity
(1) A Member must demonstrate respect for the Parliamentary Workplace Standards and Integrity Commission and the Parliamentary Integrity Adviser.
(2) Subsection (1) does not limit any other obligation of a Member to uphold parliamentary standards and integrity.
S. 7 inserted by No. 5/2019 s. 77.
7 Conflicts of interest
(1) A Member must avoid any actual or perceived conflict of interests with their private interests.
(2) Without limiting subsection (1), a Member has a conflict of interest if the Member—
(a) participates; or
(b) makes a decision—
in the execution of the Member's office which furthers the private interests of the Member or the private interests of a specified person.
(3) Without limiting subsection (1), a Member does not have a conflict of interest if the Member or a specified person is affected as a member of the public or a broad class of persons.
S. 8 inserted by No. 5/2019 s. 77.
8 Using position for profit
(1) A Member must not—
(a) receive a fee, payment, retainer or reward; or
(b) permit any compensation to accrue to their beneficial interest or the beneficial interest of a specified person—
for, or on account of, or as a result of the use of, their position as a Member.
S. 8(2) amended by No. 5/2019 s. 80(2).
(2) Subsection (1) does not apply to any parliamentary salary or work-related parliamentary allowances, the Budget, electorate allowances, expense allowances (if any), the motor vehicle allowance (if claimed) or other prescribed allowances or other public resources under the Parliamentary Salaries, Allowances and Superannuation Act 1968.
S. 9 inserted by No. 5/2019 s. 77.
9 Outside employment and activities
A Member may engage in employment, business and community activities outside of their duties as a Member but must avoid any actual or perceived conflict of interest that might arise from those activities, including where the activities compromise the Member's ability to fulfil their public duties.
S. 10 inserted by No. 5/2019 s. 77.
10 Accepting any gift, hospitality or other benefit
A Member must not accept any gift, hospitality or other benefit which—
(a) creates an actual or perceived conflict of interest; or
(b) might create a perception of an attempt to influence the Member in the exercise of their public duties.
S. 11 inserted by No. 5/2019 s. 77.
11 Use of influence
A Member—
(a) must exercise their influence as a Member responsibly; and
(b) must not use their influence to improperly further their private interests or the private interests of a specified person.
S. 12 inserted by No. 5/2019 s. 77.
12 Use of public resources
A Member must comply with—
S. 12(a) amended by No. 5/2019 s. 80(2).
(a) the Parliamentary Salaries, Allowances and Superannuation Act 1968 and any regulations made under that Act; and
(b) any other law, rule or guidance regarding the use of public resources.
S. 13 inserted by No. 5/2019 s. 77.
13 Personal conduct
(1) A Member must ensure that their conduct as a Member does not bring discredit upon the Parliament.
(2) A Member—
(a) must act ethically, reasonably and in good faith when using, and accounting for the use of, public resources in relation to the performance of their public duties; and
(b) must not deliberately mislead the Parliament or the public about any matter relating to the performance of their public duties.
(3) A Member must be fair, objective and courteous—
(a) in their dealings with the community; and
(b) without detracting from the importance of robust public debate in a democracy, in their dealings with other Members.
S. 14 inserted by No. 5/2019 s. 77.
14 Managing confidential and personal information
(1) A Member must not use confidential information gained in the performance of their public duties to further their private interests or the private interests of a specified person.
(2) A Member must respect the confidentiality of information they receive in the course of their public duties.
S. 15 inserted by No. 5/2019 s. 77.
15 Post-retirement activities
(1) A former Member must not take improper advantage of any office held as a Member of Parliament after they cease to be a Member.
(2) In this section, improper advantage means—
(a) using official information—
(i) that is not in the public domain; or
(ii) that was obtained in the course of their public duties—
for advantage or benefit to themselves or another person; or
(b) breaching confidentiality obligations regarding information obtained in the course of their public duties for financial or commercial advantage or benefit to themselves or another person; or
(c) using their status as a former Member to obtain preferential treatment or privileged access to Government after ceasing to be a member of Parliament.
(3) A former Member is not to be taken to have breached confidentiality obligations regarding information obtained in the course of their public duties if the former Member was—
(a) required by law to disclose that information; or
(b) otherwise acting lawfully in disclosing that information.
S. 16 inserted by No. 5/2019 s. 77.
16 Constitution Act 1975 not affected
Nothing in this Part is intended to repeal, alter or vary, or affect the operation of, Division 8 of Part II of the Constitution Act 1975.
Pt II (Heading and ss 4–8) substituted as Pt 4 (Heading and ss 17–29) by No. 5/2019 s. 78.
Part 4—Register of Interests
S. 17 inserted by No. 5/2019 s. 78.
17 Submission of primary returns
(1) A person who is a Member as at the commencement of section 78 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 must submit a primary return to the Clerk of the Parliaments within 28 days after that commencement.
(2) A person who becomes a Member after the commencement of section 78 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 must submit a primary return to the Clerk of the Parliaments within 28 days after taking and subscribing the oath or affirmation as a Member.
S. 18 inserted by No. 5/2019 s. 78.
18 Submission of ordinary returns
A Member must submit an ordinary return to the Clerk of the Parliaments within 28 days after 31 January and 30 June each year.
S. 19 inserted by No. 5/2019 s. 78.
19 Information to be included in primary returns
(1) A primary return must be in the prescribed form and contain the following information as at the date of the primary return—
(a) income—the source of any income that the Member has or expects to have before 30 June next following, including the name and address of the payer, but if the address is a residential address the Member may provide alternative contact details, and, where the income arises from services provided by the Member, a description of those services;
(b) beneficial interest—
(i) the name of any corporation, partnership or other body in which the Member holds a beneficial interest, or in which a private superannuation fund holds a beneficial interest for the benefit of the Member; and
(ii) a description of that interest including an indication of the range in which the value of the shares falls being the following—
(A) greater than $2000 but less than $10 000;
(B) greater than or equal to $10 000 but less than $50 000;
(C) greater than or equal to $50 000—
but if it is not reasonably practicable for the Member to make the calculations for the purpose of providing that indication, then the Member may instead provide the number of shares that constitutes that interest; and
(iii) except in the case of a listed corporation, the address of the corporation, partnership or body, but if the address is a residential address the Member may provide alternative contact details, and a description of its objects and activities;
(c) land—the location by suburb or town or, where that is not applicable, the nearest town, of any land in which the Member holds a beneficial interest, other than by way of security for a debt, that is used as a primary or secondary place of residence by any person;
(d) beneficial interest in other land—the address or, if there is no address, a precise description of the location, of any land, other than land referred to in paragraph (c), in which the Member holds a beneficial interest, other than by way of security for a debt;
(e) office holder—the name of any corporation, partnership or other body in which the Member holds office, a description of that office and, except in the case of a listed corporation, the address of the corporation, partnership or body, and a description of its objects or activities;
(f) personal debt—a description of any personal debt held by the Member, including the name of the creditor;
(g) trusts—a description of any trust under which the Member holds a beneficial interest or in respect of which the Member is a trustee and a member of the Member's family holds a beneficial interest, and a description of the activities of the trust;
(h) trusts—in the case of a trust referred to in paragraph (g)—
(i) the information referred to in paragraphs (a) to (d), of which the Member is aware or ought to be aware, as if a reference in paragraphs (a) to (d) to the Member were a reference to the trust; and
(ii) any other substantial interest held or received by the trust, of which the Member is aware or ought to be aware, whether of a pecuniary nature or not, that would raise, or reasonably be seen to raise, a material conflict between the Member's private interest and their public duties;
(i) estate—the name of an estate in which the Member is appointed as executor and holds a beneficial interest, and a description of that interest;
(j) membership—the name of any political party, body or association or trade or professional organisation of which the Member is a member;
(k) other membership or association—the name of any other organisation of which the Member is a member or with which the Member is otherwise associated, if a conflict of interest could arise, or reasonably be seen to arise, because of that membership or association;
(l) other interest—a description of any other interest that the Member has where a conflict of interest could arise, or reasonably be seen to arise, because of that interest.
(2) If a Member holds a beneficial interest in a blind trust, the Member is not required to comply with subsections (1)(g) and (1)(h) in respect of the blind trust, but in the primary return the Member must provide—
(a) a description of the blind trust: and
(b) the name and address of the person who manages the blind trust.
(3) In addition to the requirements under subsections (1)(j) and (1)(k), the Member may include the name of any other organisation of which the Member is a member or with which the Member is otherwise associated, if the Member chooses to do so.
(4) This section is subject to sections 22 to 24.
S. 20 inserted by No. 5/2019 s. 78.
20 Information to be included in ordinary returns
(1) An ordinary return must be in the prescribed form and contain the following information in relation to the return period—
(a) the information specified in section 19(1)(a) to (1)(l);
(b) gift—a description of any gift received by the Member, including the name and address of the donor;
(c) travel—a description of any travel undertaken by the Member outside of Victoria that was funded fully or partially by another person, other than the State or a member of the Member's family, including the dates, destinations and purposes of that travel, and the name and address of the donor of the travel contribution.
(2) A Member is not required to comply with subsection (1)(a) in respect of information specified in section 19(1)(g), (1)(h) or 20(1)(b) in respect of a trust under which the Member holds a beneficial interest if the trust is a blind trust but in the ordinary return the Member must provide the name and address of the person who manages the blind trust.
(3) In addition to the requirement under subsection (1)(a) in respect of information specified in section 19(1)(j) and (1)(k), the Member may include the name of any other organisation of which the Member was a member or with which the Member was otherwise associated, if the Member chooses to do so.
(4) This section is subject to sections 22 to 24.
S. 21 inserted by No. 5/2019 s. 78.
21 Further requirement to submit information
If a Member becomes aware of a material change in any information required to be submitted under section 19 or 20, the Member must submit a description of the material change in the prescribed form to the Clerk of the Parliaments as soon as is practicable.
S. 22 inserted by No. 5/2019 s. 78.
22 Threshold amounts for information submitted
(1) Subject to subsection (3), a Member is not required to include in a return submitted under this Part information relating to—
(a) a source of income—if the total amount of income from that source does not exceed the threshold amount for income; or
(b) a beneficial interest—if the total value of the beneficial interest of that kind does not exceed the threshold amount for beneficial interests; or
(c) a personal debt with a particular creditor—if the total value of personal debts with that creditor does not exceed the threshold amount for debts; or
(d) a gift from a particular source—if the total value of gifts received from that source does not exceed the threshold amount for gifts; or
(e) travel contributions from a particular source—if the total value of travel contributions received from that source does not exceed the threshold amount for travel contributions.
(2) For the purposes of subsection (1), the value of any income, beneficial interests or gifts held or received by a trust referred to in section 19(1)(g) (other than a blind trust) is to be taken into account in determining the total value of income, beneficial interests or gifts.
(3) A Member is required to include in a return submitted under this Part information relating to an interest referred to in subsection (1) if—
(a) the Member holds or receives on 2 or more occasions any income, beneficial interests or gifts with or from a particular source; and
(b) the total amount of the value of the income, beneficial interests or gifts exceeds the threshold amount for income, beneficial interests or gifts.
S. 23 inserted by No. 5/2019 s. 78.
23 Threshold amounts for year ending 30 June 2019
(1) The threshold amounts for the matter referred to in section 19(1)(b)—beneficial interest—for the year ending 30 June 2019 are as follows—
(a) $2000;
(b) $10 000;
(c) $50 000.
(2) The threshold amounts for the matters referred to in section 22 for the year ending 30 June 2019 are as follows—
(a) for income—$2000;
(b) for beneficial interests—$2000;
(c) for debts—$2000;
(d) for gifts—$500;
(e) for travel contributions—$500.
S. 24 inserted by No. 5/2019 s. 78.
24 CPI adjusted threshold amounts
(1) A threshold amount for a matter referred to in section 23 for the year ending 30 June 2020 and for each subsequent year is the CPI adjusted threshold amount for that matter for that year.
(2) A CPI adjusted threshold amount is to be determined in accordance with the following formula—
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where—
C is the CPI adjusted threshold amount being determined, rounded down to the nearest 2 decimal places;
T is the threshold amount for the previous year;
A is the All Groups Consumer Price Index number for Melbourne for the December quarter in the preceding financial year as last published by the Australian Bureau of Statistics for that quarter;
B is the All Groups Consumer Price Index number for Melbourne for the December quarter in the financial year preceding the financial year referred to in A as last published by the Australian Bureau of Statistics for that quarter.
(3) The CPI adjusted threshold amount determined for a matter in section 19(1)(b) or section 22(1)(a), (b) or (c) is to be rounded up or down to the nearest $500.
(4) The CPI adjusted threshold amount determined for a matter in section 22(1)(d) or (e) is to be rounded up or down to the nearest $100.
S. 25 inserted by No. 5/2019 s. 78.
25 Notice of CPI adjusted threshold amounts
The Clerk of the Parliaments must notify Members of a CPI adjusted threshold amount determined in accordance with section 24 before 30 June 2020 and before 30 June for each subsequent year.
S. 26 inserted by No. 5/2019 s. 78.
26 Register of Interests
(1) The Clerk of the Parliaments must continue to maintain the Register of Interests for Members established under section 7(1) of the Members of Parliament (Register of Interests) Act 1978 as in force immediately before the commencement of section 78 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.
(2) The Clerk of the Parliaments must enter into the Register the information included in returns submitted under this Part.
(3) The Clerk of the Parliaments or any authorised person must not make a record of, or communicate to any person, any information received under this Act by the Clerk of the Parliaments or authorised person, or use that information for any purpose, other than in accordance with this Act.
S. 26(3A) inserted by No. 27/2024 s. 129.
(3A) The Clerk of the Parliaments or any authorised person may communicate information referred to in subsection (3) to the Parliamentary Workplace Standards and Integrity Commission in connection with a referral to that Commission under section 27(2).
(4) For the purposes of subsection (3), authorised person means any person appointed or employed for the purposes of this Act or authorised to discharge any functions of the Clerk of the Parliaments for or on behalf of the Clerk of the Parliaments.
S. 27 (Heading) amended by No. 27/2024 s. 130(1).
S. 27 inserted by No. 5/2019 s. 78, amended by No. 27/2024 s. 130(2) (ILA s. 39B(1)).
27 Reporting and referral of Members
(1) The Clerk of the Parliaments must report a Member to the Presiding Officer of the Member's House if—
(a) the Member does not submit a return within the time required under this Act and, after the Clerk of the Parliaments has given the Member a further reasonable period to submit the return, the return is still not submitted; or
(b) the Clerk of the Parliaments reasonably believes that a Member has submitted an inaccurate or incomplete return and, after the Clerk of the Parliaments has given the Member a reasonable opportunity to correct the return, the return remains inaccurate or incomplete.
S. 27(2) inserted by No. 27/2024 s. 130(2).
(2) If the Clerk of the Parliaments reasonably believes that a Member has materially contravened this Part, the Clerk of the Parliaments may refer the matter to the Parliamentary Workplace Standards and Integrity Commission in accordance with section 8 of the Parliamentary Workplace Standards and Integrity Act 2024.
S. 27(3) inserted by No. 27/2024 s. 130(2).
(3) The Clerk of the Parliaments may refer a matter under subsection (2) in addition to, or instead of, referring it to the Presiding Officer under subsection (1).
S. 28 inserted by No. 5/2019 s. 78.
28 Restriction on publication
A person must not publish, whether in the Parliament or outside of the Parliament—
(a) any information derived from the information entered into the Register unless that information amounts to a fair and accurate summary of the information entered into the Register; or
(b) any comment on the information entered into the Register unless that comment is fair and published in the public interest without malice.
S. 29 inserted by No. 5/2019 s. 78.
29 Tabling of returns
The Clerk of the Parliaments must cause a return submitted under this Part to be laid before the House of Parliament of which the Member submitting the return is a Member—
(a) within 14 days of the return being submitted if that House of Parliament is then sitting; or
(b) if that House of Parliament is not then sitting, within 14 days of the next sitting of that House of Parliament.
Pt III (Heading and ss 9–11) substituted as Pt 5 (Heading and ss 30–33) by No. 5/2019 s. 79.
Part 5—General
S. 30 inserted by No. 5/2019 s. 79.
30 Referral of alleged breach of Part 3 or 4
(1) A Member who considers that there has been a contravention of a requirement under Part 3 or 4 may refer the alleged contravention to the Presiding Officer of the House of which the Member who is alleged to have contravened the requirement is a Member.
(2) A Presiding Officer who receives a referral under subsection (1) must determine whether to refer the alleged contravention to the relevant Privileges Committee.
(3) If a Presiding Officer determines that a referral under subsection (1) may involve conduct that may constitute a criminal offence, the Presiding Officer must refer the alleged contravention to the appropriate law enforcement agency.
S. 31 inserted by No. 5/2019 s. 79.
31 Failure to comply with Part 3 or 4
(1) Any wilful contravention of a requirement under Part 3 or 4 by any person is a contempt of the Parliament and may be dealt with accordingly.
(2) In addition to any other punishment that may be awarded by either House of the Parliament for contempt of the Parliament, the House of Parliament of which the Member is a Member may determine to impose any of the following penalties—
(a) the Member or other person must apologise to the House of Parliament;
(b) the Member or other person must rectify the return provided by the Member or other person or any information included in the Register;
(c) the Member or other person must pay the specified fine (not exceeding 100 penalty units) to the Presiding Officer for payment into the Consolidated Fund;
(d) the Member is suspended from the House for the period determined by the House;
(e) the Member's seat in the House is declared vacant.
(3) A motion of a House of Parliament proposing to impose the penalty specified in subsection (2)(d) or (e) must be passed by a special majority.
(4) For the purposes of subsection (3), special majority means three quarters of the whole number of Members of the House of Parliament.
(5) If a Member does not comply with a penalty imposed under subsection (2)(a), (b) or (c), within the time ordered by the House, the seat of the Member in the House is to become vacant.
S. 32 inserted by No. 5/2019 s. 79.
32 Regulations
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
S. 33 inserted by No. 5/2019 s. 79.
33 Construction of references
Any reference to the Members of Parliament (Register of Interests) Act 1978 in any Act, subordinate instrument, agreement or other document, so far as it relates to any period after the commencement of section 72 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, is to be construed as a reference to the Members of Parliament (Standards) Act 1978, unless the contrary intention appears.
Pt 6 (Heading and s. 34) inserted by No. 5/2019 s. 79.
Part 6—Review
S. 34 inserted by No. 5/2019 s. 79.
34 Minister to conduct review
The Minister must—
(a) cause a review to be made of the first 10 years of operation of this Act from the date on which all the amendments made to this Act by the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 have commenced; and
(b) cause a copy of a report of the review to be laid before each House of Parliament on or before the end of the period of 12 months after the day on which the review is completed.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Members of Parliament (Register of Interests) Act 1978 was assented to on 19 December 1978 and came into operation on 19 December 1978: section 1(2).
The title of this Act was changed from the Members of Parliament (Register of Interests) Act 1978 to the Members of Parliament (Standards) Act 1978 by section 72(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Members of Parliament (Standards) Act 1978 by Acts and subordinate instruments.