Members of Parliament (Standards) Regulations 2019 (Victoria)

These Regulations prescribe the forms and a small number of procedural requirements for declaring interests to the Register of Interests established under the Members of Parliament (Standards) Act 1978. The Regulations are made under s 32 of that Act (reg 2) and come into operation on 27 March 2019 (reg 3). Their stated objective is to set out the prescribed forms for three specific filings: the primary return required by s 19 of the Act, the ordinary return required by s 20 of the Act, and the form for reporting a material change under s 21 of the Act (reg 1; regs 5-7). The forms themselves appear as Schedules 1-3 to the Regulations.

Mechanically, the instrument does four things:

It supplies a primary return template (Schedule 1) for the initial statement of interests (reg 5).
It supplies an ordinary return template (Schedule 2) for periodic disclosure (reg 6).
It supplies a very short material change form (Schedule 3) for updates between ordinary returns (reg 7).
It sets two procedural rules about submissions: the Clerk of the Parliaments may issue notes, directions or explanatory material to assist Members (reg 8(1)); and a Member must sign the return or material change form and each page attached to it (reg 9).

The content fields in Schedules 1 and 2 cover the same categories required by the Act: income; beneficial interests in corporations, partnerships and other bodies; land used as a primary or secondary residence; other land; offices held in bodies; personal debt; trusts (other than blind trusts); blind trusts; estates; memberships in political or other organisations; other interests that could give rise to conflicts; and an explicit optional "other organisations" entry (Schedules 1 and 2). The ordinary return (Schedule 2) also adds sections for gifts and for travel funded by others (Schedule 2, items 14-15). The material change form (Schedule 3) is a short form for stating the details of a material change.

Version No. 002

Members of Parliament (Standards) Regulations 2019

S.R. No. 23/2019

Version incorporating amendments as at
11 March 2020

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 1

5 Primary return 1

6 Ordinary return 2

7 Material change to a return 2

8 Prescribed forms 2

9 Signing a return or material change to a return 2

Schedules 3

Schedule 1 3

Schedule 2 11

Schedule 3 20

═════════════

Endnotes 21

1 General information 21

2 Table of Amendments 23

3 Amendments Not in Operation 24

4 Explanatory details 25

Version No. 002

Members of Parliament (Standards) Regulations 2019

S.R. No. 23/2019

Version incorporating amendments as at
11 March 2020

1 Objective

The objective of these Regulations is to prescribe for the purposes of the Register of Interests the form of the primary returns and ordinary returns to be submitted by Members and the form of a material change to a return.

2 Authorising provision

These Regulations are made under section 32 of the Members of Parliament (Standards) Act 1978.

3 Commencement

These Regulations come into operation on 27 March 2019.

4 Definitions

In these Regulations—

return means a primary return or an ordinary return;

the Act means the Members of Parliament (Standards) Act 1978.

5 Primary return

For the purposes of section 19 of the Act, the prescribed form for a primary return is set out in Schedule 1.

6 Ordinary return

For the purposes of section 20 of the Act, the prescribed form for an ordinary return is set out in Schedule 2.

7 Material change to a return

For the purposes of section 21 of the Act, the prescribed form for a material change to a return is set out in Schedule 3.

8 Prescribed forms

(1) The Clerk of the Parliaments may issue notes, directions or explanatory material to assist Members in submitting returns.

(2) A Member may in submitting a return—

(a) add an additional row or rows to a table set out in the prescribed form; and

(b) attach an additional page or pages to their return.

9 Signing a return or material change to a return

The Member to whom a return or a material change form relates must sign the return or the material change form and each page attached to the return or the material change form.

Schedules

Sch. 1 amended by S.R. No. 17/2020 reg. 5.

Schedule 1

Members of Parliament (Standards) Act 1978

PARLIAMENT OF VICTORIA

Primary Return

REPORTING AS AT: ……/……/…………

FAMILY NAME………………………	OTHER NAMES………..
Legislative Assembly<br>Legislative Council<br>*Strike out whichever is inapplicable	Electoral District ...........<br>Electoral Region ............

1. INCOME (Section 19(1)(a))

a) Source of income above the threshold amount that you have or expect to have by 30 June [insert year].

Source of income	Name of payer	Address of payer	Description of services (if relevant)

Note: For the purposes of this return, 'income' does not include your parliamentary salary and allowances.

If the address is a residential address, you may provide alternative contact details.

b) Source of income above the threshold amount that you have or expect to have by 30 June [insert year] by a trust which you have specified in number 7 below.

Source of income	Name of payer	Address of payer

Note: If the address is a residential address, you may provide alternative contact details.

2. BENEFICIAL INTERESTS (Section 19(1)(b))

a) Beneficial interests above the threshold amount that you hold in a corporation, partnership or other body.

Name and address of the corporation, partnership or other body	Description of the objects and activities of the corporation, partnership or other body	Description of the beneficial interest	Indicate the value range of shares held
			□ Value Range 1<br>□ Value Range 2<br>□ Value Range 3<br>□ Number of shares ___________________

Note: Only provide the number of shares if it is not reasonably practicable to calculate the value of the shares.

The address and a description of the objects and activities is not required for a listed corporation.

If the address is a residential address, you may provide alternative contact details.

b) Beneficial interests above the threshold amount that a private superannuation fund holds in a corporation, partnership or other body for your benefit.

Name and address of the corporation, partnership or other body	Description of the objects and activities of the corporation, partnership or other body	Description of the beneficial interest	Indicate the value range of shares held
			□ Value Range 1<br>□ Value Range 2<br>□ Value Range 3<br>□ Number of shares ___________________

Note: Only provide the number of shares if it is not reasonably practicable to calculate the value of the shares.

The address and a description of the objects and activities is not required for a listed corporation.

If the address is a residential address, you may provide alternative contact details.

c) Beneficial interests in a corporation, partnership or other body above the threshold amount that is held by a trust that you have specified in number 7 below.

Name and address of the corporation, partnership or other body	Description of the objects and activities of the corporation, partnership or other body	Description of the beneficial interest	Indicate the value range of shares held
			□ Value Range 1<br>□ Value Range 2<br>□ Value Range 3<br>□ Number of shares ___________________

Note: Only provide the number of shares if it is not reasonably practicable to calculate the value of the shares.

The address and a description of the objects and activities is not required for a listed corporation.

If the address is a residential address, you may provide alternative contact details.

3. LAND—PRIMARY OR SECONDARY RESIDENCE (Section 19(1)(c))

a) Beneficial interests that you hold in land used as a primary or secondary residence.

Suburb or town where the land is located

Note: Where the suburb or town is not applicable, please indicate the nearest town to the land.

b) Beneficial interests in land used as a primary or secondary residence that is held by a trust you have specified in number 7 below.

Suburb or town where the land is located

Note: Where the suburb or town is not applicable, please indicate the nearest town to the land.

4. LAND—OTHER (Section 19(1)(d))

a) Beneficial interests you hold in land that is not used as a primary or secondary residence.

Address where the land is located

Note: If there is no address, please provide a precise description of the location of the land.

b) Beneficial interests in land that is not used as a primary or secondary residence that is held by a trust you have specified in number 7 below.

Address where the land is located

Note: If there is no address, please provide a precise description of the location of the land.

5. OFFICES HELD (Section 19(1)(e))

Offices you hold in a corporation, partnership or other body.

Description of the office you hold	Name of the corporation, partnership or other body	Address of the corporation, partnership or other body	Description of the objects and activities of the corporation, partnership or other body

Note: The address and a description of the objects and activities is not required for a listed corporation.

6. PERSONAL DEBT (Section 19(1)(f))

Debts above the threshold amount that you hold.

Description of the debt	Name of the creditor

7. TRUSTS (OTHER THAN A BLIND TRUST) (Section 19(1)(g) and (h))

Trusts under which you hold a beneficial interest or in which you are the trustee and a member of your family holds a beneficial interest.

Description of the trust	Description of the activities of the trust	Relevant information (provided in numbers 1–4 above)	Other substantial interests held or received by the trust which may give rise to a conflict of interests
		□ Income<br>□ Beneficial interest<br>□ Land used as a residence<br>□ Land—other
		□ Income<br>□ Beneficial interest<br>□ Land used as a residence<br>□ Land—other
		□ Income<br>□ Beneficial interest<br>□ Land used as a residence<br>□ Land—other

8. BLIND TRUSTS (Section 19(2))

Blind trusts under which you hold a beneficial interest or in which you are the trustee and a member of your family holds a beneficial interest.

Description of the blind trust	Name of the person who manages the blind trust	Address of the person who manages the blind trust

9. ESTATE (Section 19(1)(i))

Estates in which you are appointed as an executor and hold a beneficial interest.

Name of the estate	Description of the beneficial interest

10. MEMBERSHIP (Section 19(1)(j))

Memberships you hold in a political party, body, association, trade or professional organisation.

Name of entity of which you are a member

11. OTHER MEMBERSHIP OR ASSOCIATION (Section 19(1)(k))

Any other memberships or associations you hold that could give rise to, or reasonably be seen to give rise to, a conflict of interest.

Name of entity of which you are a member or are otherwise associated

12. OTHER INTERESTS (Section 19(1)(l))

Any other interests you have that could give rise to, or reasonably be seen to give rise to, a conflict of interest.

Description of the interest

13. OTHER ORGANISATIONS (Section 19(3))

Any other organisations of which you are a member that you wish to disclose.

Name of organisation of which you are a member

Note: You are not required to provide this information.

I, ______________________, declare that the information provided in this return is true and accurate as at the date of signature.

Signature of Member .............................................................

Date .......................................................

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sch. 2 amended by S.R. No. 17/2020 reg. 6.

Schedule 2

Members of Parliament (Standards) Act 1978

PARLIAMENT OF VICTORIA

Ordinary Return

REPORTING PERIOD: ……/……/………… to ……/……/…………

FAMILY NAME………………………	OTHER NAMES………..
Legislative Assembly<br>Legislative Council<br>*Strike out whichever is inapplicable	Electoral District ...........<br>Electoral Region ............

1. INCOME (Sections 20(1)(a) and 19(1)(a))

a) Source of income above the threshold amount that you have or expect to have by 30 June [insert year].

Source of income	Name of payer	Address of payer	Description of services (if relevant)

Note: For the purposes of this return, 'income' does not include your parliamentary salary and allowances.

If the address is a residential address, you may provide alternative contact details.

b) Source of income above the threshold amount that you have or expect to have by 30 June [insert year] by a trust which you have specified in number 7 below.

Source of income	Name of payer	Address of payer

Note: If the address is a residential address, you may provide alternative contact details.

2. BENEFICIAL INTERESTS (Sections 20(1)(a) and 19(1)(b))

a) Beneficial interests above the threshold amount that you hold in a corporation, partnership or other body.

Name and address of the corporation, partnership or other body	Description of the objects and activities of the corporation, partnership or other body	Description of the beneficial interest	Indicate the value range of shares held
			□ Value Range 1<br>□ Value Range 2<br>□ Value Range 3<br>□ Number of shares ___________________

Note: Only provide the number of shares if it is not reasonably practicable to calculate the value of the shares.

The address and a description of the objects and activities is not required for a listed corporation.

If the address is a residential address, you may provide alternative contact details.

b) Beneficial interests above the threshold amount that a private superannuation fund holds in a corporation, partnership or other body for your benefit.

Name and address of the corporation, partnership or other body	Description of the objects and activities of the corporation, partnership or other body	Description of the beneficial interest	Indicate the value range of shares held
			□ Value Range 1<br>□ Value Range 2<br>□ Value Range 3<br>□ Number of shares ___________________

Note: Only provide the number of shares if it is not reasonably practicable to calculate the value of the shares.

The address and a description of the objects and activities is not required for a listed corporation.

If the address is a residential address, you may provide alternative contact details.

c) Beneficial interests in a corporation, partnership or other body above the threshold amount that is held by a trust that you have specified in number 7 below.

Name and address of the corporation, partnership or other body	Description of the objects and activities of the corporation, partnership or other body	Description of the beneficial interest	Indicate the value range of shares held
			□ Value Range 1<br>□ Value Range 2<br>□ Value Range 3<br>□ Number of shares ___________________

Note: Only provide the number of shares if it is not reasonably practicable to calculate the value of the shares.

The address and a description of the objects and activities is not required for a listed corporation.

If the address is a residential address, you may provide alternative contact details.

3. LAND—PRIMARY OR SECONDARY RESIDENCE (Sections 20(1)(a) and 19(1)(c))

a) Beneficial interests that you hold in land used as a primary or secondary residence.

Suburb or town where the land is located

Note: Where the suburb or town is not applicable, please indicate the nearest town to the land.

b) Beneficial interests in land used as a primary or secondary residence that is held by a trust you have specified in section 7 below.

Suburb or town where the land is located

Note: Where the suburb or town is not applicable, please indicate the nearest town to the land.

4. LAND—OTHER (Sections 20(1)(a) and 19(1)(d))

a) Beneficial interests you hold in land that is not used as a primary or secondary residence.

Address where the land is located

Note: If there is no address, please provide a precise description of the location of the land.

b) Beneficial interests in land that is not used as a primary or secondary residence that is held by a trust you have specified in number 7 below.

Address where the land is located

Note: If there is no address, please provide a precise description of the location of the land.

5. OFFICES HELD (Sections 20(1)(a) and 19(1)(e))

Offices you hold in a corporation, partnership or other body.

Description of the office you hold	Name of the corporation, partnership or other body	Address of the corporation, partnership or other body	Description of the objects and activities of the corporation, partnership or other body

Note: The address and a description of the objects and activities is not required for a listed corporation.

6. PERSONAL DEBT (Sections 20(1)(a) and 19(1)(f))

Debts above the threshold amount that you hold.

Description of the debt	Name of the creditor

7. TRUSTS (OTHER THAN A BLIND TRUST) (Sections 20(1)(a) and 19(1)(g) and (h))

Trusts under which you hold a beneficial interest or in which you are the trustee and a member of your family holds a beneficial interest.

Description of the trust	Description of the activities of the trust	Relevant information (provided in numbers 1–4 above)	Other substantial interests held or received by the trust which may give rise to a conflict of interests
		□ Income<br>□ Beneficial interests<br>□ Land used as a residence<br>□ Land—other
		□ Income<br>□ Beneficial interests<br>□ Land used as a residence<br>□ Land—other
		□ Income<br>□ Beneficial interests<br>□ Land used as a residence<br>□ Land—other

8. BLIND TRUSTS (Sections 20(1)(a) and 19(2))

Blind trusts under which you hold a beneficial interest or in which you are the trustee and a member of your family holds a beneficial interest.

Description of the blind trust	Name of the person who manages the blind trust	Address of the person who manages the blind trust

9. ESTATES (Sections 20(1)(a) and 19(1)(i))

Estates in which you are appointed as an executor and hold a beneficial interest.

Name of the estate	Description of the beneficial interest

10. MEMBERSHIP (Sections 20(1)(a) and 19(1)(j))

Memberships you hold in a political party, body, association, trade or professional organisation.

Name of entity of which you are a member

11. OTHER MEMBERSHIP OR ASSOCIATION (Sections 20(1)(a) and 19(1)(k))

Any other memberships or associations you hold that could give rise to, or reasonably be seen to give rise to, a conflict of interest.

Name of entity of which you are a member or are otherwise associated

12. OTHER INTERESTS (Sections 20(1)(a) and 19(1)(l))

Any other interests you have that could give rise to, or reasonably be seen to give rise to, a conflict of interest.

Description of the interest

13. OTHER ORGANISATIONS (Section 20(3))

Any other organisations of which you are a member that you wish to disclose.

Name of organisation of which you are a member

Note: You are not required to provide this information.

14. GIFTS (Section 20(1)(b))

Any gifts received by you above the threshold amount during the reporting period.

Description of gift	Name of donor	Address of donor

15. TRAVEL (Section 20(1)(c))

Any travel undertaken by you outside of Victoria during the reporting period that was funded (wholly or partially) by another person other than the State or a member of your family.

Description of travel	Dates of travel	Destinations	Purpose of travel	Name and address of donor

I, ______________________, declare that the information provided in this return is true and accurate as at the date of signature.

Signature of Member .............................................................

Date .......................................................

Schedule 3

Members of Parliament (Standards) Act 1978

PARLIAMENT OF VICTORIA

MATERIAL CHANGE to Primary Return or ordinary return FORM

FAMILY NAME……………………… OTHER NAMES………..
Legislative AssemblyLegislative Council*Strike out whichever is inapplicable Electoral District ...........Electoral Region ............
Details of material change

I, ______________________, declare that the information provided in this form is true and accurate as at the date of signature.

Signature of Member .............................................................

Date .......................................................

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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 (Standards) Regulations 2019, S.R. No. 23/2019 were made on 26 March 2019 by the Governor in Council under section 32 of the Members of Parliament (Standards) Act 1978, No. 9223/1978 and came into operation on 27 March 2019: regulation 3.

The Members of Parliament (Standards) Regulations 2019 will sunset 10 years after the day of making on 26 March 2029 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Members of Parliament (Standards) Regulations 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Members of Parliament (Standards) Amendment Regulations 2020, S.R. No. 17/2020

Date of Making:	11.3.20
Date of Commencement:	11.3.20: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4 Explanatory details

No entries at date of publication.

1 Members of Parliament (Standards) Regulations 2019

Version No. 002

Members of Parliament (Standards) Regulations 2019

S.R. No. 23/2019

Version incorporating amendments as at
11 March 2020

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 1

5 Primary return 1

6 Ordinary return 2

7 Material change to a return 2

8 Prescribed forms 2

9 Signing a return or material change to a return 2

Schedules 3

Schedule 1 3

Schedule 2 11

Schedule 3 20

═════════════

Endnotes 21

1 General information 21

2 Table of Amendments 23

3 Amendments Not in Operation 24

4 Explanatory details 25

Version No. 002

Members of Parliament (Standards) Regulations 2019

S.R. No. 23/2019

Version incorporating amendments as at
11 March 2020

1 Objective

2 Authorising provision

These Regulations are made under section 32 of the Members of Parliament (Standards) Act 1978.

3 Commencement

These Regulations come into operation on 27 March 2019.

4 Definitions

In these Regulations—

return means a primary return or an ordinary return;

the Act means the Members of Parliament (Standards) Act 1978.

5 Primary return

For the purposes of section 19 of the Act, the prescribed form for a primary return is set out in Schedule 1.

The Regulations are narrowly instrumentally focused on the mechanics of disclosure. The main concepts in the text are the prescribed forms and a few procedural rules linked to submission, signature and administrative guidance. Each is anchored to the Act by explicit cross-reference.

Prescribed forms: The Regulations make the primary and ordinary return templates and the material change template the prescribed forms "for the purposes" of the relevant sections of the Act (reg 5 for s 19 primary return; reg 6 for s 20 ordinary return; reg 7 for s 21 material change). The Schedules themselves operationalise the Act's categories. They break disclosure down into discrete fields: income (split between direct income and trust‑derived income), beneficial interests (direct, superannuation fund-held, and trust-held), land used as residence and other land (again split for direct and trust-held), offices held, personal debt, trusts (other than blind trusts), blind trusts, estates, memberships, other associations, and other interests (Schedules 1 and 2). The ordinary return adds explicit fields for gifts and for travel funded by external donors (Schedule 2, items 14-15).

Signature and form completion: The Regulations require that the Member to whom a return or material change relates must sign the return or material change form and each attached page (reg 9). The forms themselves include a declaratory signature block: "I, … declare that the information provided in this return is true and accurate" together with space for signature and date (Schedules 1-3).

Administrative guidance and flexibility: The Clerk of the Parliaments is empowered to issue notes, directions or explanatory material to assist Members in submitting returns (reg 8(1)). Regulation 8(2) expressly allows Members to add rows to tables and attach additional pages. Those two provisions create a formal discretion for the parliamentary administration to shape compliance practice and for Members to expand answers beyond the printed table.

Thresholds and reference points: The forms repeatedly refer to a "threshold amount" for reporting (for example, "Source of income above the threshold amount" in schedules). The Regulations do not define that amount; the forms assume its existence and require entries only above it. The forms also distinguish "income" from parliamentary salary and allowances (note in Schedules).

Treatment of residences and addresses: The forms ask for addresses for payers, corporations and managers of blind trusts but consistently permit alternative contact details if the address is a residential address. For listed corporations the forms state that an address and description of the objects and activities are not required.

Temporal structure: The primary return contains a "reporting as at" date, while the ordinary return uses a "reporting period" range. The material change form simply asks for details of the change. Timing of lodgement and any trigger events are matters for the Act; the Regulations simply provide the templates.

Statutory context and style: Endnotes record that headings, notes and punctuation form part of the statutory rule pursuant to the Interpretation of Legislation Act 1984, and the Regulations will sunset under the Subordinate Legislation Act 1994 (endnotes).

Directly affected persons

Members of the Victorian Parliament required to lodge returns under the Members of Parliament (Standards) Act 1978 are the primary actors affected. The forms are explicitly tailored for members of either the Legislative Assembly or the Legislative Council (Schedules 1-3). The Regulations require that the Member signs the return and each attached page (reg 9), which places a personal execution and attestation duty on the individual Member.

Administrative actors

The Clerk of the Parliaments is given a role in guidance and administration: reg 8(1) authorises the Clerk to issue notes, directions or explanatory material to assist Members. That clause creates an administrative responsibility and discretion for the parliamentary office to influence how the forms are completed and what supporting materials are provided.

Identified third parties and counterparties

Entities whose details appear in returns will be affected in the sense that their names, addresses and a brief description of activities may be recorded on a public register or in parliamentary records, depending on the Act’s treatment of the register. The forms require the disclosure of payers of income, corporations and partnerships in which the Member has beneficial interests, managers of blind trusts, creditors in relation to debts, donors of gifts, and funders of travel outside Victoria (Schedules 1-2). Those third parties will therefore be exposed to potential transparency.

Intermediaries such as trustees and trustees’ managers

Trusts are specifically addressed in multiple parts of the forms. The forms require disclosure of trusts under which the Member holds a beneficial interest, trusts in which they are trustee, and trusts in which a family member holds a beneficial interest (Schedules 1-2, item 7). Blind trusts are separately listed and require the name and address of the person who manages the blind trust (Schedules 1-2, item 8). These requirements bring trustees, trust managers and family members into the scope of the disclosure regime’s data collection.

Potentially affected private-sector advisers

Professionals who value assets, prepare trust documentation, or advise on structuring shareholdings and income streams will likely be engaged to help Members complete returns. The forms’ allowance for value ranges versus share numbers (Schedules 1-2) and the requirement to disclose trust arrangements imply a need for valuation and legal advice.

Indirectly affected stakeholders

Journalists, compliance officers, lobbyists, interest groups and members of the public who use the Register of Interests will be affected by the design choices in these forms. The inclusion of gifts and travel in ordinary returns (Schedule 2, items 14-15) means ordinary returns capture sources of hospitality and sponsored travel, which matters for external scrutiny.

Who is not explicitly covered by the Regulations

The Regulations do not address timelines, thresholds, penalties or public disclosure procedures. Those obligations and enforcement modalities are in the underlying Act. The Regulations therefore affect only the form and certain signing and administrative practices; they do not on their face change who is obliged to disclose, when or what the consequences of non-compliance are. Readers must consult the Act for those compulsion and enforcement details.

Duties imposed by the Regulations

Use of prescribed forms: Members must use the prescribed primary return, ordinary return and material change form for disclosures made under ss 19-21 of the Members of Parliament (Standards) Act 1978 (regs 5-7). The forms in Schedules 1-3 become the default format for those statutory obligations.
Signing obligation: The Member to whom a return or a material change relates must sign the return or material change form and each page attached to it (reg 9). The forms include a declaratory signature block to attest to the truth of the information provided (Schedules 1-3).
Completion of specified fields: The forms require information in specified categories: income, beneficial interests, land (residence and other), offices held, personal debt, trusts (including blind trusts), estates, memberships, other interests, and, for ordinary returns, gifts and travel (Schedules 1 and 2). Where an item calls for particular detail, the Member must supply it (for example, a payer name and address for income or a description of the objects and activities of an entity where relevant).

Administrative duties on the Clerk and Member interactions

The Clerk of the Parliaments may issue notes, directions or explanatory material to assist Members in submitting returns (reg 8(1)). That gives the Clerk institutional duty and discretion to provide supporting material that can shape compliance practice.

Rights and permitted departures under the Regulations

Members may add rows to the tables and attach pages to their return (reg 8(2)). That permits Members to supplement the printed form when their disclosures exceed the form’s default capacity.
The forms allow alternative contact details when the recorded address would otherwise be a residential address. For listed corporations a description of objects and address is not required (Schedules 1-2). The forms also permit provision of number of shares instead of a valuation if it is not reasonably practicable to calculate value.

Information thresholds and omitted matters

The forms repeatedly limit disclosure to interests "above the threshold amount" (Schedules 1-2). The Regulations do not set or define that threshold amount. Determination of what must be disclosed by value therefore requires reference to the Act or other instruments where the threshold is established. The Regulations thus defer a substantive definitional duty to other law.

Documentary form and attestation

The signature requirement extends to each attached page (reg 9). That creates a duty to ensure each page of any appendix or attachment bears the Member’s signature, reinforcing personal accountability for extended appendices.

Rights implied but not created

The Regulations do not create an express right to confidentiality, to non-disclosure, or to challenge publication. They also do not define appeal or correction procedures for disputed entries. Any such rights or remedies must be sought in the Act or through general administrative law.

Interaction with statutory obligations in the Act

The Regulations implement technical aspects of the disclosure duty; the substantive obligations, timing, and enforcement remain in the underlying Act. For instance, the duty to report a material change is created by s 21 of the Act; reg 7 prescribes the form but not the time limit or the consequences for failure to report. Practitioners must therefore treat the Regulations as enabling instruments that shape how the statutory duty is performed without altering core obligations.

What the Regulations say about penalties and enforcement

The Regulations themselves are silent on offences, penalties, sanctions or enforcement procedures. They prescribe the forms and impose a signature requirement, but they do not create civil or criminal penalties or specify the consequences of incomplete, late or false returns. The absence of penalty provisions means enforcement mechanisms must be sought in the Members of Parliament (Standards) Act 1978 or other applicable statutes and parliamentary procedures rather than in these Regulations.

Implications of silence in the Regulations

Because the Regulations do not set penalties, the practical enforcement regime depends on cross-reference to the Act. The Regulations repeatedly link the forms to statutory sections of the Act (regs 5-7 refer to ss 19-21), so any penalties for non-compliance (late filing, failure to disclose, false declaration) will be those provided by the Act. A practitioner must therefore consult ss 19-21 and any enforcement provisions elsewhere in the Act to determine legal exposure. The Regulations’ signature clause (reg 9) does create a formal attestation that could be used as evidentiary material in enforcement proceedings under the Act, but it does not itself create a new offence.

Administrative enforcement and the Clerk

The Clerk of the Parliaments may issue notes, directions or explanatory material to assist Members (reg 8(1)). That administrative role is relevant to enforcement because guidance can shape what is regarded as compliant practice and may be relied upon by administrators in assessing whether a return meets statutory requirements. The Regulations, however, do not empower the Clerk to impose sanctions; they merely authorise guidance.

Practical enforcement mechanisms likely to be relevant (but not stated)

Although not set out in the Regulations, common mechanisms relevant to returns of interests include inspection of the register, requests for correction, parliamentary sanctions, referral to oversight bodies, or criminal prosecution where false statements are made in contravention of the Act. The Regulations’ signature requirement and the declaratory wording in the Schedules create an evidentiary record that an entry was made and attested to by the Member on a particular date; such evidence can be used in proceedings under the Act if the Act creates liability for false or misleading declarations.

Records and evidential consequences

The requirement to sign each page of attached documents (reg 9) increases the evidential weight of appended disclosures and reduces opportunities to claim that attachments were not part of the declared return. That elevates record-keeping significance for Members and their advisers.

Advice to users

To assess liabilities and enforcement avenues, practitioners must consult the Members of Parliament (Standards) Act 1978 for the substance of duties, the definition of "threshold amounts", timing obligations, and any sanctions or referral powers. The Regulations function as the prescribed vehicle for disclosures; they do not, on their face, create or vary enforcement rights or penalties.

Direct interaction with the Members of Parliament (Standards) Act 1978

The Regulations are explicitly made under s 32 of the Members of Parliament (Standards) Act 1978 (reg 2) and exist to prescribe forms for obligations created by the Act (reg 1). They operate as subordinate legislation that operationalises s 19 (primary return), s 20 (ordinary return) and s 21 (material change) by providing the prescribed templates (regs 5-7). For all practical compliance questions about timing, threshold amounts, the duty to disclose and legal consequences, the Act is the controlling instrument; the Regulations are the form-specific adjunct.

Subordinate Legislation Act 1994 and sunset

The endnotes state that the Regulations will sunset ten years after the day of making under s 5 of the Subordinate Legislation Act 1994, that is, on 26 March 2029 (endnotes). That statutory sunset creates a planning horizon for administrative and compliance arrangements, and it requires periodic legislative attention if the disclosure framework is to persist in its current form.

Interpretation of Legislation Act 1984 and statutory style

The endnotes note that headings, examples, diagrams and notes included in a Statutory Rule made on or after 1 January 2001 are part of that rule under the Interpretation of Legislation Act 1984. That affects how the Schedules, notes and explanatory items in these Regulations are to be read and applied; for instance, notes in the schedules that explain that "income" excludes parliamentary salary and allowances are part of the statutory instrument and thus have interpretative weight.

Intersection with privacy and disclosure regimes

The Regulations require the disclosure of personal financial information, names and addresses of third parties, donors of gifts, and managers of blind trusts (Schedules 1-2). The Regulations do not address privacy exemptions, redaction or confidentiality. This creates a likely interface with privacy and information access laws. Practitioners should check the Freedom of Information Act and any applicable privacy legislation and parliamentary rules to determine whether, how and when entries are published or released and whether any personal data protections apply. The Regulations themselves do not settle publication.

Interaction with trust, superannuation and corporate law

The forms specifically seek disclosure concerning trusts (both blind trusts and other trusts), private superannuation funds that hold beneficial interests, and corporations and partnerships. The Regulations therefore interact in practice with trust law (concerning trustees and beneficiaries), corporate disclosure rules where listed companies are concerned (note that the forms dispense with address and activity description for listed corporations), and superannuation law insofar as private superannuation funds are relevant. The Regulations, however, do not create substantive obligations under those laws; they simply require the Member to disclose relevant arrangements.

Procedural interaction with parliamentary practice

The Clerk of the Parliaments’ power to issue notes and directions (reg 8(1)) embeds these Regulations within parliamentary administrative practice. That administrative guidance may reference, incorporate or cross-relate to other parliamentary procedures and standing orders that regulate registers, inspections and the management of Members’ records.

Limits on cross-law application in the Regulations

The Regulations do not purport to override or modify other legal duties. They do not give Members any statutory right to withhold information from the Register. They do not create private law exceptions to contractual confidentiality. Any claims of privilege or confidentiality that a Member might advance will have to be resolved under other law and rules. The Regulations do not provide conflict-resolution mechanisms where disclosure collides with other legal obligations.

Incorporation and amendments recorded in this version

The version provided incorporates amendments as at 11 March 2020. The endnotes and table of amendments identify the Members of Parliament (Standards) Amendment Regulations 2020, S.R. No. 17/2020, as the instrument that amended Schedules 1 and 2 (table of amendments; Sch. 1 amended by S.R. No. 17/2020 reg 5; Sch. 2 amended by S.R. No. 17/2020 reg 6). Those amending regulations were made on 11 March 2020 and came into operation on the same date (endnotes Table of Amendments).

Dates of operation

The Regulations were made on 26 March 2019 and came into operation on 27 March 2019 (reg 3; endnotes). The incorporated amendments brought the text up to date as at 11 March 2020.

Sunset provision via Subordinate Legislation Act

As recorded in the endnotes, these Regulations will sunset 10 years after the day of making, that is, on 26 March 2029, under s 5 of the Subordinate Legislation Act 1994. That sunset is an automatic statutory termination unless the Regulations are remade, extended or replaced.

Style and interpretation amendments

The endnotes draw attention to the Interpretation of Legislation Act 1984 and the effect of style changes and the treatment of headings, notes and punctuation as part of the statutory rule. Those matters are not amendments to content but affect how the schedules and notes are to be interpreted as part of the instrument.

Amendments not yet in operation

The endnotes include a heading "Amendments Not in Operation" but state "This version does not contain amendments that are not yet in operation." Practitioners should consult the legislation website for any subsequent amendments after 11 March 2020.

Practical consequence of the 2020 amendments

The schedule footnotes indicate that Schedules 1 and 2 were amended by S.R. No. 17/2020 regs 5 and 6 respectively. The version available to users after 11 March 2020 will therefore reflect the amended schedules. To determine exactly what text was altered, practitioners should compare the current schedules with prior versions or consult the textual history on the official website referenced in the endnotes.

Administrative follow-up

Because reg 8(1) authorises the Clerk to issue notes and directions, substantive changes to administrative practice may occur without formal amendment of the Regulations, by publication of guidance documents. Users should monitor both statutory amendment records and Clerk-issued guidance.

No litigation recorded in the instrument

The Regulations as presented contain no entries of case law, judicial determinations or references to litigation associated with their interpretation or operation. The endnotes do not list any judicial decisions or challenges.

Limitations on inference

Because the Regulations are subordinate legislation that prescribes forms, their litigation profile is likely to be tied to enforcement or interpretation of the underlying Act rather than to the forms themselves. Any litigation concerning the sufficiency of an entry, the meaning of a field, or the consequences of an omitted disclosure would most likely proceed under the Members of Parliament (Standards) Act 1978 or under general administrative law. The Regulations do not record or cite any such litigation.

Practical research steps if litigation is of interest

For practitioners seeking precedent or dispute outcomes, the next step is to search judicial and tribunal databases for cases invoking ss 19-21 of the Members of Parliament (Standards) Act 1978, or for proceedings in which a Member’s return, material change form or compliance with the prescribed form was a live issue. Also check parliamentary records and reports by any oversight committees that may have considered compliance with the register.

No recorded disputes about form content

The Schedules include notes and practical instructions (for example, the note that income excludes parliamentary salary and allowances, and that listed corporations need not have address/descriptions), but no recorded disagreements about those interpretations appear in the instrument. In the absence of recorded litigation, any contested issues will have to be identified from external sources.

Thresholds are not defined in the Regulations

The forms repeatedly refer to reporting only "above the threshold amount" for income, beneficial interests and debts (Schedules 1 and 2). The Regulations do not define that threshold. Practitioners and Members must therefore identify the threshold amount in the Members of Parliament (Standards) Act 1978, in other subordinate instruments, or in Clerk-issued guidance before filling the forms. Failing to identify the correct threshold may lead to under-reporting or over-reporting.

Timing, triggers and consequences are elsewhere

The Regulations prescribe the form but not when returns must be lodged or when material changes must be reported. Those temporal obligations and any consequences of late or omitted returns are in the Act. A Member who completes the correct form but misses a statutory deadline may still be non-compliant.

Signature requirement extends to each attached page

Regulation 9 requires the Member to sign each page attached to the return or material change form. Members sometimes sign only the cover sheet and forget to sign annexures; such an omission would technically violate reg 9 and could be relied upon in compliance scrutiny. The forms’ allowance to attach pages increases the risk of unsigned appendices.

Material change form is minimal

Schedule 3 is very short: it contains fields for name, electorate details and "Details of material change" and then a signature block. There is no structured space for contextual detail, valuation, supporting documentation or an indication of when the change arose. Practitioners should therefore plan to attach explanatory pages and ensure each is signed in accordance with reg 9 and remember to keep supporting records to substantiate the entry.

Additional pages and rows permitted but signed

Regulation 8(2) allows Members to add rows and attach pages. While this makes disclosure possible where the printed form is too small, it also makes the return potentially sprawling. All attachments must be signed per reg 9 which increases clerical overhead and the chance for error. In practice, Members who rely on many attachments should implement a clear pagination and signature process.

Special rules for listed companies and residential addresses

The forms state that an address and a description of the objects and activities are not required for a listed corporation, whereas where an address would be a residential address the Member may provide alternative contact details. These provisions reduce the amount of publicly disclosed detail for certain holdings, but the forms do not explain how to treat shell companies, nominee holdings or complex corporate ownership chains.

Blind trusts must be disclosed with manager details

The Schedules distinguish blind trusts as a separate category and require the name and address of the person who manages the blind trust. A Member cannot avoid disclosure simply by placing assets into a blind trust; they must still identify the manager. The Regulations do not explain whether identifying the manager triggers further disclosure of the trust’s holdings.

Ordinary returns include gifts and travel; primary returns do not

The ordinary return (Schedule 2) includes explicit sections for gifts and externally funded travel, but the primary return (Schedule 1) does not include those sections. Practitioners should note that initial disclosure at the time of first filing may not capture gifts or travel unless required by the Act; periodic ordinary returns are the mechanism for that information.

"Other organisations" entry is optional

Both schedules include a note that the "other organisations" field is not required. That means Members may choose not to disclose some memberships even though other fields require disclosure of memberships that could give rise to conflicts. The coexistence of mandatory conflict-related fields and an optional "other organisations" bucket may create inconsistent public records.

Evidentiary weight of attestation

The signature and declaration language give the return evidentiary force. A signed false or misleading return could be used as evidence of misstatement in enforcement proceedings under the Act or in other forums. Members must therefore ensure accuracy and retain supporting documentation.

Administrative guidance can change practical obligations

Reg 8(1) authorises the Clerk to issue notes and directions. Those administrative instruments will define expectations and procedural detail that the Regulations leave open. Practitioners should obtain and review any such guidance because it may alter how the forms should be completed, the format of attachments, or how privacy concerns are managed.

Record-keeping burden and valuation practicalities

The forms ask for value ranges for shares and permit the number of shares to be given if valuation is not reasonably practicable. Determining what is "reasonably practicable" involves valuation effort. Members with diversified portfolios may need professional valuations or advisers. The Regulations do not provide standards for valuations or evidence retention requirements.

Publication and privacy risks

The Regulations do not address whether and how returns are published or redacted. If returns are made publicly available under the Act or parliamentary practice, the inclusion of detailed addresses and names may raise privacy concerns. The instrument does not provide a confidentiality carve-out. Consult the Act and parliamentary publication rules.

Amendments and sunset require monitoring

The Regulations have already been amended and are subject to sunset. Administrators and practitioners should monitor for further amendments and for any replacement scheme before the sunset date.

Checklist before filling a form

Identify the correct filing obligation in the Act. Confirm whether you are lodging a primary return (s 19), an ordinary return (s 20) or a material change (s 21). The Regulations prescribe forms for those specific sections (regs 5-7) but do not set deadlines or thresholds.
Determine the threshold amount. The Schedules repeatedly state that only interests above "the threshold amount" must be disclosed. The Regulations do not define that amount; locate the statutory or administrative instrument that sets the threshold.
Obtain Clerk guidance. Check whether the Clerk of the Parliaments has published notes, directions or explanatory material pursuant to reg 8(1) because that guidance will clarify administrative expectations not contained in the Regulations.

Completing the prescribed form 4. Use the correct schedule: primary return (Schedule 1) for the initial report, ordinary return (Schedule 2) for the periodic report, and Schedule 3 for material changes (regs 5-7). 5. Complete all relevant categories for interests above the threshold: income, beneficial interests, land (primary/secondary and other), offices held, personal debt, trusts, blind trusts, estates, memberships, other associations and other interests. For an ordinary return also complete gifts and travel sections (Schedule 2, items 14-15). 6. Follow the notes built into the form: do not include parliamentary salary and allowances in "income"; where a listed corporation is concerned the address and description of objects and activities is not required; if an address would be residential you may provide alternative contact details (Schedules 1-2). 7. When share valuation is difficult, use the value-range checkboxes or supply the number of shares if it is "not reasonably practicable" to calculate value (Schedules 1-2).

Attachments and added rows 8. If you need more space add rows to the table or attach pages to the return as permitted by reg 8(2). Keep attachments organised, paginated and labelled to correspond with the relevant item on the main form. 9. Sign every attachment. Regulation 9 requires the Member to sign the return and each page attached. Ensure each page of every annex bears the Member’s signature or the submission will not comply with reg 9.

Material changes and updating 10. Use Schedule 3 for reporting material changes required under s 21 of the Act (reg 7). Because Schedule 3 is minimal, attach supporting detail and sign each page. Keep contemporaneous records documenting when the change occurred, contracts, valuations or trustee correspondence to substantiate the entry.

Record-keeping and evidence 11. Retain documentary evidence supporting all entries. The forms’ declaratory statement and signature give the return evidentiary weight. Maintain valuations, trust deeds, transaction records, gift declarations and travel itineraries and donor communications in case of review or challenge. 12. If you rely on the "not reasonably practicable" exception for share valuations, document the reasons why a valuation was impracticable and the method used to determine the number of shares or value range.

Trusts and blind trusts 13. Disclose all trusts that are relevant under the Act, including trusts in which you are a beneficiary or trustee and those in which a family member holds a beneficial interest (Schedule 1-2, item 7). For blind trusts disclose the name and address of the manager (Schedule 1-2, item 8). If a trustee or manager relocates or a trust’s holdings change materially, use Schedule 3 to update.

Gifts and travel 14. For ordinary returns, record all gifts above the threshold amount and any travel outside Victoria funded wholly or partially by a person other than the State or a family member during the reporting period (Schedule 2 items 14-15). Keep donor and itinerary documentation.

Administrative liaison 15. Coordinate with parliamentary administration early. The Clerk’s directions may specify formatting, acceptable electronic submission methods, confidentiality arrangements and where to lodge returns. Confirm whether administrative processes require a hard copy with original signature or permit an electronic signature consistent with parliamentary instructions.

Privacy and redaction 16. If personal addresses or sensitive details are involved, consult the Clerk’s guidance and the Act to determine whether redaction is permissible. The Regulations permit alternative contact details for residential addresses but do not provide a comprehensive redaction regime.

Verification and internal controls 17. Implement an internal review process before submission. Someone independent of preparation should check that all categories above the threshold have been considered and that attachments are complete and signed. Maintain a version-controlled file for each submission.

Monitor amendments and sunset 18. Keep aware of amendments to the Regulations and the underlying Act, and the statutory sunset date recorded in the endnotes. Review compliance procedures if the Clerk issues new guidance or if the threshold or filing dates are changed by subsequent instruments.

Seek legal advice where uncertain 19. If there is ambiguity over whether an interest is above the threshold, whether a structure is captured, or whether disclosure might breach another legal obligation, obtain legal advice. The Regulations do not resolve these conflicts; the underlying Act and applicable confidentiality or privacy laws will need to be consulted.

Practical administrative tips 20. Use a single cover sheet referencing the return type and reporting dates and attach numbered annexures. Sign the cover sheet and every annexure. Keep a contemporaneous Excel or database record of holdings and transactions that can be used to populate subsequent returns and to justify a "not reasonably practicable" valuation decision.

This checklist is a practical application of the requirements in the Regulations as they stand. Remember that the Regulations prescribe form and signing requirements but not thresholds, timing, or penalties; those substantive aspects must be confirmed in the Members of Parliament (Standards) Act 1978 and in any official guidance issued by the Clerk.

Members of Parliament (Standards) Regulations 2019

Plain English Summary

Deep Dive

What it does

Current sections

Members of Parliament (Standards) Regulations 2019

Source text: opening excerpt

1 Members of Parliament (Standards) Regulations 2019

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply