Local Government Legislation Amendment Regulation (No. 1) 2011 (Qld)

Queensland Local Government Legislation Amendment Regulation (No. 1) 2011 Subordinate Legislation 2011 No. 267 made under the City of Brisbane Act 2010 Local Government Act 2009 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 Part 3 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of City of Brisbane (Operations)Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Replacement of s 103 (Contents of registers of interests) . . . . . . 3 103 Contents of registers of interests . . . . . . . . . . . . . . . . 3 Amendment of s 106 (Access to registers of interests) . . . . . . . . 4 Replacement of s 107 (Public extract of registers of interests) . . 5 107 Publication of register of interests of councillors . . . . 5 Amendment of sch 2 (Financial and non-financial particulars for registers of interests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of Local Government (Operations)Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Replacement of s 106 (Contents of registers of interests) . . . . . . 7 106 Contents of registers of interests . . . . . . . . . . . . . . . . 8

Local Government Legislation Amendment Regulation (No. 1) 2011 Contents 11 Amendment of s 109 (Access to registers of interests) . . . . . . . . 12 Replacement of s 110 (Public extract of registers of interests) . . 110 Publication of register of interests of councillors . . . . 13 Amendment of sch 4 (Financial and non-financial particulars for registers of interests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 9 10 11 Page 2 2011 SL No. 267

Local Government Legislation Amendment Regulation (No. 1) 2011 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Local Government Legislation Amendment Regulation (No. 1) 2011 . 2 Commencement This regulation commences on 1 January 2012. Part 2 Amendment of City of Brisbane (Operations) Regulation 2010 3 Regulation amended This part amends the CityofBrisbane(Operations)Regulation 2010. 4 Replacement of s 103 (Contents of registers of interests) Section 103— omit, insert— ‘103 Contents of registers of interests ‘(1) The register of interests of each of the following persons must contain the financial and non-financial particulars mentioned in schedule 2 for an interest held by the person— (a) a councillor; (b) the chief executive officer; (c) a senior contract employee; (d) a person who is related to a councillor, the chief executive officer or a senior contract employee. Page 3 2011 SL No. 267

Local Government Legislation Amendment Regulation (No. 1) 2011 Part 2 Amendment of City of Brisbane (Operations) Regulation 2010 [s 5] ‘(2) However, the register of interests of a person who is related to a councillor, the chief executive officer or a senior contract employee need not include any interest that is— (a) held jointly, or in common, with the councillor, chief executive officer or senior contract employee; and (b) included in the register of interests of the councillor, chief executive officer or senior contract employee. ‘(3) Nothing in subsection (1) requires a register of interests to include any of the following— (a) the number or monetary value of shares; (b) the monetary value of an investment or interest; (c) the full street address of land; (d) the amount of a liability, donation or other income; (e) the account number of, or amounts held in, accounts held with a financial institution; (f) the monetary value of accommodation, an asset, a gift or travel. ‘(4) To remove any doubt, it is declared that a person holds an interest if the person holds the interest alone or jointly, or in common, with another person.’. 5 Amendment of s 106 (Access to registers of interests) (1) Section 106, heading, after ‘to’— insert— ‘ particular ’. (2) Section 106(1)— omit, insert— ‘(1) This section applies to the register of interests of— (a) the chief executive officer; or (b) a senior contract employee; or 2011 SL No. 267 Page 4

Local Government Legislation Amendment Regulation (No. 1) 2011 Part 2 Amendment of City of Brisbane (Operations) Regulation 2010 [s 6] (c) a person who is related to a councillor, the chief executive officer or a senior contract employee.’. (3) Section 106(2), ‘a register’— omit, insert— ‘the register’. 6 Replacement of s 107 (Public extract of registers of interests) Section 107— omit, insert— ‘107 Publication of register of interests of councillors ‘(1) The council must ensure a copy of the register of interests of councillors may be inspected by the public— (a) at the council’s public office; and (b) on its website. ‘(2) The copy of the register of interests must— (a) include a change to the register of interests as soon as practical but no later than 5 business days after the change is made; and (b) be in a form that is reasonably accessible and transparent. Example for paragraph (b) — a consolidated version of the register of interests’. 7 Amendment of sch 2 (Financial and non-financial particulars for registers of interests) (1) Schedule 2, section 2(c)— insert— ‘(iv) if the relevant person is a councillor or a person related to a councillor—the investments or other interests in property held by the subsidiaries; and’. Page 5 2011 SL No. 267

Local Government Legislation Amendment Regulation (No. 1) 2011 Part 2 Amendment of City of Brisbane (Operations) Regulation 2010 [s 7] (2) Schedule 2, section 2— insert— ‘(d) if the relevant person is a councillor, or a person related to a councillor, and the shareholding or interest is held in a proprietary company—the investments or other interests in property, other than those mentioned in paragraph (c)(iv), held by the company.’. (3) Schedule 2— insert— ‘4A Self managed superannuation fund ‘(1) This section applies to each self managed superannuation fund for which a councillor or a person related to a councillor is— (a) a trustee; or (b) if the trustee of the fund is a corporation—a director of the trustee. ‘(2) The particulars required for each self managed superannuation fund are–– (a) the name or a description of the fund; and (b) the nature of the activities of the fund; and (c) the investments or other interests in property held, of which the councillor or person is aware, by the fund. ‘(3) In this section— director see the Corporations Act, section 9. self managed superannuation fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10.’. (4) Schedule 2, section 11— insert— ‘(4) A gift is— (a) the transfer of money, other property or other benefit— (i) without consideration; or 2011 SL No. 267 Page 6

Local Government Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Local Government (Operations) Regulation 2010 [s 8] (ii) for a consideration substantially less than full consideration; or (b) a loan of money or other property made on a permanent or indefinite basis, other than an overdraft facility.’. (5) Schedule 2, section 12— insert— ‘(2) A person receives a sponsored hospitality benefit if— (a) the person, other than in an official capacity— (i) undertakes travel; or (ii) uses accommodation; and (b) a contribution, whether financial or non-financial, for the cost of the travel or accommodation is made by someone other than the person or their spouse.’. 8 Amendment of sch 3 (Dictionary) Schedule 3, definitions gift and sponsored hospitality benefit — omit. Part 3 Amendment of Local Government (Operations) Regulation 2010 9 Regulation amended This part amends the LocalGovernment(Operations)Regulation 2010. 10 Replacement of s 106 (Contents of registers of interests) Section 106— Page 7 2011 SL No. 267

Local Government Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Local Government (Operations) Regulation 2010 [s 10] omit, insert— ‘106 Contents of registers of interests ‘(1) The register of interests of each of the following persons must contain the financial and non-financial particulars mentioned in schedule 4 for an interest held by the person— (a) a councillor; (b) the chief executive officer; (c) a senior contract employee; (d) a person who is related to a councillor, the chief executive officer or a senior contract employee. ‘(2) However, the register of interests of a person who is related to a councillor, the chief executive officer or a senior contract employee need not include any interest that is— (a) held jointly, or in common, with the councillor, chief executive officer or senior contract employee; and (b) included in the register of interests of the councillor, chief executive officer or senior contract employee. ‘(3) Nothing in subsection (1) requires a register of interests to include any of the following— (a) the number or monetary value of shares; (b) the monetary value of an investment or interest; (c) the full street address of land; (d) the amount of a liability, donation or other income; (e) the account number of, or amounts held in, accounts held with a financial institution; (f) the monetary value of accommodation, an asset, a gift or travel. ‘(4) To remove any doubt, it is declared that a person holds an interest if the person holds the interest alone or jointly, or in common, with another person.’. 2011 SL No. 267 Page 8

Local Government Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Local Government (Operations) Regulation 2010 [s 11] 11 Amendment of s 109 (Access to registers of interests) (1) Section 109, heading, after ‘to’— insert— ‘ particular ’. (2) Section 109(1)— omit, insert— ‘(1) This section applies to the register of interests of— (a) the chief executive officer; or (b) a senior contract employee; or (c) a person who is related to a councillor, the chief executive officer or a senior contract employee.’. (3) Section 109(2), ‘a register’— omit, insert— ‘the register’. 12 Replacement of s 110 (Public extract of registers of interests) Section 110— omit, insert— ‘110 Publication of register of interests of councillors ‘(1) The local government must ensure a copy of the register of interests of councillors may be inspected by the public— (a) at the local government’s public office; and (b) on its website. ‘(2) The copy of the register of interests must— (a) include a change to the register of interests as soon as practical but no later than 5 business days after the change is made; and (b) be in a form that is reasonably accessible and transparent. Page 9 2011 SL No. 267

Local Government Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Local Government (Operations) Regulation 2010 [s 13] Example for paragraph (b) — a consolidated version of the register of interests’. 13 Amendment of sch 4 (Financial and non-financial particulars for registers of interests) (1) Schedule 4, section 2(c)— insert— ‘(iv) if the relevant person is a councillor or a person related to a councillor—the investments or other interests in property held by the subsidiaries; and’. (2) Schedule 4, section 2— insert— ‘(d) if the relevant person is a councillor, or a person related to a councillor, and the shareholding or interest is held in a proprietary company—the investments or other interests in property, other than those mentioned in paragraph (c)(iv), held by the company.’. (3) Schedule 4— insert— ‘4A Self managed superannuation fund ‘(1) This section applies to each self managed superannuation fund for which a councillor or a person related to a councillor is— (a) a trustee; or (b) if the trustee of the fund is a corporation—a director of the trustee. ‘(2) The particulars required for each self managed superannuation fund are–– (a) the name or a description of the fund; (b) the nature of the activities of the fund; (c) the investments or other interests in property held, of which the councillor or person is aware, by the fund. 2011 SL No. 267 Page 10

Local Government Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Local Government (Operations) Regulation 2010 [s 14] ‘(3) In this section— director see the Corporations Act, section 9. self managed superannuation fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10.’. (4) Schedule 4, section 11— insert— ‘(4) A gift is— (a) the transfer of money, other property or other benefit— (i) without consideration; or (ii) for a consideration substantially less than full consideration; or (b) a loan of money or other property made on a permanent or indefinite basis, other than an overdraft facility.’. (5) Schedule 4, section 12— insert— ‘(2) A person receives a sponsored hospitality benefit if— (a) the person, other than in an official capacity— (i) undertakes travel; or (ii) uses accommodation; and (b) a contribution, whether financial or non-financial, for the cost of the travel or accommodation is made by someone other than the person or their spouse.’. 14 Amendment of sch 7 (Dictionary) Schedule 7, definitions gift and sponsored hospitality benefit — omit. Page 11 2011 SL No. 267

Local Government Legislation Amendment Regulation (No. 1) 2011 ENDNOTES 1 Made by the Governor in Council on 8 December 2011. 2 Notified in the gazette on 9 December 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government and Planning. © State of Queensland 2011 2011 SL No. 267 Page 12