Local Government (Register of Officers' Interests) Regulations 1994 (SA)
SOUTH AUSTRALIA
1. Citation
2. Commencement
3. Interpretation
4. Prescription of officers
5. Lodging of primary returns
6. Lodging of ordinary returns
7. Content of returns
8. The Register
9. Offences
10. Confidentiality under section 62 of the Act
Primary Return
SCHEDULE 2
being
No. 26 of 1994:
1 Came into operation 21 May 1994: reg. 2.
2. These regulations will come into operation on 21 May 1994.
3. In these regulations, unless the contrary intention appears—"
Act " means theLocal Government Act 1934 ;"
council ", in relation to a prescribed officer, means the council that has appointed him orher as a prescribed officer;
"
family ", in relation to a prescribed officer, means—
a spouse of the officer; and | |
a child of the officer who is under the age of 18 years and normally resides with the officer; |
"
financial benefit ", in relation to a person, means—
any remuneration, fee or other pecuniary sum exceeding $500 received by the person in respect of a contract of service entered into, or paid office held, by the person; and | |
the total of all remuneration, fees or other pecuniary sums received by the person in respect of a trade, profession, business or vocation engaged in by the person where that total exceeds $500, |
but in the case of a prescribed officer does not include any salary, wage, allowance or
benefit payable to the officer by the council;
"
income source ", in relation to a person, means—
any person or body of persons with whom the person entered into a contract of service or held any paid office; and | |
any trade, profession, business or vocation engaged in by the person; |
"
prescribed officer " or "officer " means a person who falls within a class prescribed byregulation 4;
"
Register " means the Register of Interests under section 70b of the Act;"
return period ", in relation to an ordinary return of a prescribed officer, means—
in the case of an officer whose last return was a primary return—the period between the date of the primary return and 30 June next following; and | |
in the case of any other officer—the period of 12 months expiring on 30 June on or within 60 days after which the ordinary return is required to be submitted. |
4. Pursuant to section 70b of the Act, the following classes of officers and employees are
prescribed:
the chief executive officer of a council; and | |
the deputy to the chief executive officer of a council. |
(2) Every person who, after 21 May 1994, becomes a prescribed officer of a particular
council must—
in the case of an appointment made after 21 May 1994 and before 1 June 1994—on or before 30 June 1994; | |
in the case of an appointment made on or after 1 June 1994—within 30 days after his or her appointment, |
submit to the principal member of the council (acting on behalf of the council) a primary return.
a statement of any income source that the officer required to submit the return or a member of his or her family has or expects to have in the period of 12 months after the date of the primary return; and | |
the name of any company or other body, corporate or unincorporate, in which the officer or a member of his or her family holds any office whether as director or otherwise; and | |
the information required by subregulation (3). |
(2) For the purposes of these regulations, an ordinary return must be in the form of schedule 2 and contain the following information:
if the officer required to submit the return or a member of his or her family received, or was entitled to receive, a financial benefit during any part of the return period—the income source of the financial benefit; and | |
if the officer or a member of his or her family held an office whether as director or otherwise in any company or other body, corporate or unincorporate, during the return period—the name of the company or other body; and | |
particulars (including the name of the donor) of any gift of or above the amount or value of $500 received by the officer or a member of his or her family during the return period from a person other than a person related by blood or marriage; and | |
if the officer or a member of his or her family has had the use of real property during the whole or a substantial part of the return period otherwise than by virtue of an interest disclosed under subregulation (3) | |
the information required by subregulation (3). |
(3) For the purposes of these regulations, a return (whether primary or ordinary) must contain the following information:
the name or description of any company, partnership, association or other body in which the officer required to submit the return or a member of his or her family holds a beneficial interest; and | |
a concise description of any trust in which the officer or a member of his or her family holds a beneficial interest and a concise description of any discretionary trust of which the officer or a member of his or her family is a trustee or object; and | |
the address or description of any land in which the officer or a member of his or her family has a beneficial interest other than by way of security for a debt; and | |
if where the officer or a member of his or her family is indebted to another person (not being related by blood or marriage) in an amount of or exceeding $5 000—the name and address of that other person; and | |
any other substantial interest, whether of a pecuniary nature or not, of the officer or of a member of his or her family of which the officer is aware and which the officer considers might appear to raise a material conflict between his or her private interest and the duties that the officer has or may subsequently have as an officer or employee of the council. |
(4) Nothing in this regulation requires an officer to include in an ordinary return information disclosed in a previous return made by the officer under these regulations.
(5) An officer who has submitted a return under these regulations may at any time notify the council of a change or variation in the information appearing on the Register in respect of the officer or a member of his or her family.
(6) An officer may include additional information in a return.
(7) Nothing in this regulation prevents an officer from disclosing the information required by this regulation so that no distinction is made between information relating to the officer personally or a member of his or her family.
(8) Nothing in this regulation requires disclosure of the actual amount or extent of a financial benefit, gift, contribution or interest.
(2) A member of the council, and any prescribed officer, is entitled to inspect the Register.
requirements of these regulations is guilty of an offence.
Penalty: | $200. |
(2) A prescribed officer who submits a return under these regulations that is to the knowledge of the officer false or misleading in a material particular (whether by reason of information included in or omitted from the return) is guilty of an offence.
Penalty: | $200. |
(3) A person must not disclose to another information furnished by an officer pursuant to these regulations unless the disclosure—
is necessary for the purposes of the preparation or maintenance of the Register; or | |
is made at a meeting of the council or a council committee (not being an advisory committee) at a time at which an order is in force under section 62 of the Act excluding the public from attendance at the meeting. |
Penalty: | $200. |
SURNAME | OTHER NAMES |
OFFICE HELD |
Registrable Interest | Details |
1. Provideastatementofanyincomesourcethatyouhaveoramemberof your family has or expects to have in the period of twelve months after the date of the primary return.
2. Statethenameofanycompanyorotherbody,corporateorunincorporate, in which you hold, or a member of your family holds, any office whether as director or otherwise.
3. Statethenameordescriptionofanycompany,partnership,associationor other body in which you hold, or a member of your family holds, a beneficial interest.
4. Provideaconcisedescriptionofanytrustinwhichyouholdoramember of your family holds a beneficial interest and a concise description of any discretionary trust of which you are or a member of your family is a trustee or object.
5. Providetheaddressordescriptionofanylandinwhichyouhaveora member of your family has any beneficial interest other than by way of security for a debt.
6. Ifyouareoramemberofyourfamilyisindebtedtoanotherperson(not being related by blood or marriage) in an amount of or exceeding $5 000, state the name and address of that other person.
7. Declareanyothersubstantialinterestofyoursorofamemberofyour family, whether of a pecuniary nature or not, of which you are aware and which you consider might appear to raise a material conflict between your private interest and the public duty that you have or may subsequently have as an officer or employee of the council.
8. Provide any other additional information which you think fit.
INSTRUCTIONS
1 Please complete this form using block letters.
2 If there is not sufficient space on this form for all of the information you are required to provide, you may attach additional papers for that purpose. Each such paper must be signed and dated.
SURNAME | OTHER NAMES |
OFFICE HELD |
Details
Registrable Interests
1. If you or a member of your family received or was entitled to receive, a financial benefit during any part of the return period, describe the income source of the financial benefit.
2. If you or a member of your family held an office whether as director or otherwise in any company or other body, corporate or unincorporate, during the return period, state the name of the company or other body.
3. Provide particulars (including the name of donor) of any gift of or above the amount of value of $500 received by you or a member of your family during the return period from a person other than a person related by blood or marriage.
4. If you have or a member of your family has had the use of any real property during the whole or a substantial part of the return period otherwise than by virtue of an interest disclosed under item 7 and the person conferring the right to use the property is not related by blood or marriage, state the name and address of that person.
5. Provide the name or description of any company, partnership, association or other body in which you or a member of your family holds a beneficial interest.
6. Provide a concise description of any trust in which you hold or a member of your family holds a beneficial interest and a concise description of any discretionary trust of which you are or a member of your family is a trustee or object.
7. Provide the address or description of any land in which you have or a member of your family has a beneficial interest other than by way of security for any debt.
8. If you are or a member of your family is indebted to another person (not being related by blood or marriage) in an amount of or exceeding $5 000, state the name and address of that other person.
9. Declare any other substantial interest of you or of a member of your family, whether of a pecuniary nature or not, of which you are aware and which you consider might appear to raise a material conflict between your private interest and the duties that you have or may
Signature of Prescribed Officer. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Date | / | /19 |
INSTRUCTIONS
1 Please complete this form using block letters.
2 Information disclosed in a previous return, if still accurate, is not required to be repeated.
3 If there is not sufficient space on this form for all of the information you are required to provide, you may attach additional papers for that purpose. Each such paper must be signed and dated.
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