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
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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 .......................................................
*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.