Planning Development and Infrastructure Act 2016
Sch 1Disclosure of financial interests
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Schedule 1—Disclosure of financial interests (1) In this Schedule— (ab) a committee established by the Commission under section 29; or (ac) a subsidiary established by the Commission under section 30; or (ba) a committee established by a joint planning board under section 38; or (bb) a subsidiary established by a joint planning board under section 39; or (c) an assessment panel; family, in relation to a prescribed member, means— (a) a spouse or domestic partner of the member; or (b) a child of the member who is under the age of 18 years and normally resides with the member; family company of a prescribed member means a proprietary company— (a) in which the member or a member of the member's family is a shareholder; and (b) in respect of which the member or a member of the member's family, or any such persons together, are in a position to cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the company; family trust of a prescribed member means a trust (other than a testamentary trust)— (a) of which the member or a member of the member's family is a beneficiary; and (b) which is established or administered wholly or substantially in the interests of the member or a member of the member's family, or any such persons together; person related to a prescribed member means— (a) a member of the prescribed member's family; or (b) a family company of the prescribed member; or (c) a trustee of a family trust of the prescribed member; prescribed member means a member of a designated entity who is required to disclose his or her financial interests under this Act; relevant official means— (a) in relation to a member of the Commission, a committee or subsidiary established by the Commission under section 29 or 30, a joint planning board, a committee or subsidiary established by a joint planning board under section 38 or 39 or a regional assessment panel—the Minister; (b) in relation to a member of an assessment panel—a person prescribed by the regulations. (2) For the purposes of this Schedule, a person who is the object of a discretionary trust is to be taken to be a beneficiary of that trust. 2—Disclosure of interests (1) A prescribed member of a designated entity must— (a) on appointment, submit to the relevant official a return in the prescribed form relating to his or her pecuniary interests in accordance with the regulations; and (b) on an annual basis in accordance with the requirements of the regulations, submit to the relevant official an annual return in the prescribed form relating to his or her pecuniary interests in accordance with the regulations. (2) Without limiting the effect of subclause (1), a prescribed member of a designated entity will be taken to have a pecuniary interest for the purposes of this clause if a person related to the member has that interest. (3) A prescribed member who has submitted a return under this Schedule may at any time notify the relevant official of a change or variation in the information appearing on the register in respect of the member. 3—Register (1) A relevant official must maintain a register of interests and cause to be entered in the register all information furnished under this Schedule. (2) A person is entitled to inspect (without charge) the register at the place where it is kept during ordinary office hours. (3) A person is entitled, on payment of a fee (specified by the relevant official as a standard fee to cover the relevant official's administrative and copying costs), to a copy of the register. 4—Compliance with Schedule (1) A prescribed member of a designated entity who fails to comply with a requirement under this Schedule is guilty of an offence. (2) A prescribed member of a designated entity who submits a return under this Schedule that is to the knowledge of the member false or misleading in a material particular (whether by reason of information included in or omitted from the return) is guilty of an offence. 5—Restrictions on publication (1) A person must not— (a) publish information derived from a register under this Schedule unless the information constitutes a fair and accurate summary of the information contained in the register and is published in the public interest; or (b) comment on the facts set forth in a register under this Schedule unless the comment is fair and published in the public interest and without malice. (2) If information or comment is published by a person in contravention of subclause (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.