Parliamentary (Disclosure of Interests) Act 1996 (TAS)

Parliamentary (Disclosure of Interests) Act 1996

An Act to provide for the disclosure of interests of Members of the House of Assembly and the Legislative Council

[Royal Assent 15 October 1996]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Parliamentary (Disclosure of Interests) Act 1996 . 2CommencementThis Act commences on the day after the day on which it receives the Royal Assent. 3InterpretationIn this Act –[Section 3 Amended by No. 41 of 2017, s. 4, Applied:01 Dec 2017] [Section 3 Amended by No. 41 of 2017, s. 4, Applied:01 Dec 2017] address means – (a) in relation to a natural person or a property, the suburb or locality in which the person resides or the property is located; and (b) in relation to a corporation, means the address of the registered office of the corporation or the address of the principal office of the corporation in the place in which it is incorporated; [Section 3 Amended by No. 41 of 2017, s. 4, Applied:01 Dec 2017] annual return means a return referred to in section 5 ; [Section 3 Amended by No. 41 of 2017, s. 4, Applied:01 Dec 2017] annual return period, in relation to an annual return lodged by a Member in any year, means – (a) if the last return lodged by the Member was an annual return, the period of 12 months ending on 30 June in that year; or (b) if the last return lodged by the Member was a primary return, the period commencing on the first day after the primary return date in relation to the Member and ending on 30 June in that year; approved form means a form approved by the Premier; Clerk means – (a) in relation to a Member of the Legislative Council, the Clerk of the Legislative Council; or (b) in relation to a Member of the House of Assembly, the Clerk of the House of Assembly; commencement day means the day on which this Act commences; debt means a debt arising from – (a) a loan of money; or (b) the supply of goods or services; disposition of property means any of the following: (a) any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of real property or money; (b) the creation of a trust in respect of real property or money; (c) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in respect of real property or money; (d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any interest in any real property or money; (e) the exercise of a general power of appointment over real property in favour of a person; (f) any transaction entered into by a person with the intent to – (i) diminish, directly or indirectly, the value of any real property of that person; and (ii) increase the value of any real property of another person who is not a relative; donor means a person who makes a gift; general election means – (a) in relation to a Member of the Legislative Council, a periodic election of Members of the Legislative Council; or (b) in relation to a Member of the House of Assembly, a general election of Members of the House of Assembly; [Section 3 Amended by No. 41 of 2017, s. 4, Applied:01 Dec 2017] gift means a disposition of real or personal property, or the conferral of a financial or other benefit, other than any financial or other contribution to travel, that is – (a) free of charge; or (b) for a substantially discounted value; House of Parliament means – (a) the Legislative Council; or (b) the House of Assembly; [Section 3 Amended by No. 41 of 2017, s. 4, Applied:01 Dec 2017] income means assessable income within the meaning of the Income Tax Assessment Act 1936 of the Commonwealth, whether or not derived in Tasmania; interest means – (a) in relation to any property, any estate, interest, right or power, at law or in equity, in or over the property, whether or not it is situated in Tasmania; or (b) [Section 3 Amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] in relation to any corporation, any relevant interest within the meaning of the Corporations Act in any securities issued or made available by the corporation, whether or not it is taken to be registered in Tasmania under the Corporations Act; Member means – (a) a Member of the Legislative Council; or (b) a Member of the House of Assembly; occupation includes trade, profession and vocation; political party means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the election to the Parliament of Tasmania of any candidate endorsed by it; primary return means a return referred to in section 4 ; primary return date means – (a) in relation to a person who is a Member on the commencement day, that day; or (b) [Section 3 Amended by No. 8 of 2015, s. 13, Applied:15 May 2015] in relation to a person who becomes a Member after that day, other than a re-elected Member, the day on which the person takes the oath of allegiance as required under an Act to be taken in relation to the office of Member; professional or business association means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the economic interests of its members in any occupation; public company means a company whose shares are listed for quotation on the stock market of a stock exchange in Tasmania; re-elected Member means a person who – (a) ceased to be a Member of a House of Parliament by reason of the termination, either by dissolution or expiry, of that House immediately preceding a general election; and (b) is re-elected as a Member of that House at that general election; register means – (a) in relation to the Legislative Council, the Register of Interests of Members of the Legislative Council referred to in section 15 ; or (b) in relation to the House of Assembly, the Register of Interests of Members of the House of Assembly referred to in section 16 ; relative means any of the following: (a) [Section 3 Amended by No. 31 of 2012, s. 16, Applied:01 May 2013] the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant, surrogate child or adopted child of a Member or of a Member’s spouse; or (b) the spouse of a Member or of any other person specified in paragraph (a) ; return means – (a) a primary return; or (b) [Section 3 Amended by No. 41 of 2017, s. 4, Applied:01 Dec 2017] an annual return; [Section 3 Amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] securities has the meaning ascribed to that expression in the Corporations Act; [Section 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with that person; [Section 3 Amended by No. 31 of 2012, s. 16, Applied:01 May 2013] surrogate child, in relation to another person, means a person – (a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the other person under that Act or law; travel includes accommodation incidental to a journey. PART 2Returns4Primary returns (1)  [Section 4 Subsection (1) omitted by No. 41 of 2017, s. 5, Applied:01 Dec 2017] .  .  .  .  .  .  .  .   (2)  [Section 4 Subsection (2) amended by No. 41 of 2017, s. 5, Applied:01 Dec 2017] [Section 4 Subsection (2) amended by No. 8 of 2015, s. 14, Applied:15 May 2015] A person who becomes a Member, other than a re-elected Member, must lodge a primary return with the Clerk within 3 months after the day on which the Member takes the oath of allegiance as required under an Act to be taken in relation to the office of Member. (3) A primary return – (a) is to be in an approved form; and (b) must contain the information specified in section 6 . 5Annual returns (1)  [Section 5 Subsection (1) amended by No. 41 of 2017, s. 6, Applied:01 Dec 2017] A Member must lodge with the Clerk an annual return on or before 1 October in any year unless the primary return date for the Member is after 30 April in that year. (2)  [Section 5 Subsection (2) amended by No. 41 of 2017, s. 6, Applied:01 Dec 2017] An annual return– (a) is to be in an approved form; and (b) must contain the information specified in section 7 . PART 3Interests to be DisclosedDivision 1Disclosures6Disclosure in primary returns [Section 6 Substituted by No. 41 of 2017, s. 7, Applied:01 Dec 2017] Subject to Division 2 , a Member must disclose in a primary return the following: (a) in respect of each source of income that the Member or a spouse of the Member has received or reasonably expects to receive during the period starting on the first day after the primary return date and ending on the next following 30 June – (i) the person or other entity from which the income was received or is to be received; and (ii) why the income was received or is to be received; (b) the legal nature of any interest that the Member or a spouse of the Member holds in real property on the primary return date and the address of that property; (c) the nature of any interest, or description of any position, whether remunerated or not, that the Member or a spouse of the Member holds in any corporation on the primary return date and the name and address of that corporation; (d) a description of any position that the Member or a spouse of the Member holds in any trade union or professional or business association, whether remunerated or not, on the primary return date and the name of that trade union or association; (e) the name and address of any person or other entity to whom the Member or the spouse of the Member is liable to pay any debt as at the primary return date, whether or not the debt was due and payable on that date. 7Disclosure in annual returns [Section 7 Substituted by No. 41 of 2017, s. 7, Applied:01 Dec 2017] Subject to Division 2 , a Member must disclose in an annual return the following: (a) in respect of each source of income that the Member or a spouse of the Member received during the annual return period – (i) the person or other entity from which the income was received; and (ii) why the income was received; (b) the legal nature of any interest that the Member or a spouse of the Member held in real property during the annual return period and the address of that property; (c) the nature of any interest, or description of any position, whether remunerated or not, that the Member or a spouse of the Member holds in any corporation during the annual return period and the name and address of that corporation; (d) a description of any position that the Member or a spouse of the Member holds in any trade union or professional or business association, whether remunerated or not, during the annual return period and the name of that trade union or association; (e) the name and address of any person or other entity to whom the Member or a spouse of the Member is liable to pay any debt during the annual return period, whether or not the debt is due and payable during that period; (f) particulars of any disposition of property made by the Member or a spouse of the Member during the annual return period whereby, either wholly or in part, the Member or a spouse of the Member retained the use or benefit of the property or the right to acquire the property at a later date; (g) particulars of any disposition of property made by a person during the annual return period to another person under an arrangement made by the Member or a spouse of the Member whereby, either wholly or in part, the Member or a spouse of the Member obtained the use or benefit of the property; (h) the name and address of any person or other entity who made any financial or other contribution (including free or upgraded accommodation, transport or hospitality) to any travel undertaken by the Member or a spouse of the Member during the annual return period; (i) details of the contribution referred to in paragraph (h) and the dates on which, and places to and from which, the relevant travel was undertaken; (j) a description of any gift received by the Member or a spouse of the Member during the annual return period and the name and address of the donor of the gift. 89Discretionary disclosureA Member may disclose in any return any direct or indirect benefits, advantages or liabilities, whether pecuniary or not, that – (a) are not required to be disclosed under this Act; or (b) the Member considers may raise a conflict between the Member’s private interests and his or her duties as a Member. Division 2Exceptions to disclosure9AIncome [Section 9A Inserted by No. 41 of 2017, s. 8, Applied:01 Dec 2017] A Member is not required to disclose any income received by the Member or a spouse of the Member if it – (a) is received as remuneration under the Parliamentary Salaries, Superannuation and Allowances Act 2012 ; or (b) does not exceed $500 from a single source within the return period. 10Real property [Section 10 Amended by No. 41 of 2017, s. 9, Applied:01 Dec 2017] A Member is not required to disclose any interest in property if the Member or a spouse of the Member holds the interest only– (a) [Section 10 Amended by No. 41 of 2017, s. 9, Applied:01 Dec 2017] in the capacity as the executor or administrator of the estate of a deceased person and the Member or a spouse of the Member is not a beneficiary under the will or intestacy; or (b) [Section 10 Amended by No. 41 of 2017, s. 9, Applied:01 Dec 2017] in the capacity as a trustee and the interest was acquired in the ordinary course of any occupation of the Member that is not related to his or her duties as a Member, or in the ordinary course of any occupation of a spouse of the Member. 11Corporation [Section 11 Amended by No. 41 of 2017, s. 10, Applied:01 Dec 2017] A Member is not required to disclose any interest or position held by the Member or a spouse of the Member in a corporation if the corporation– (a) is formed– (i) to provide recreation or amusement; or (ii) to promote commerce, industry, art, science, religion or charity; or (iii) for any other community purpose; and (b) is required to apply any of its profits or other income in promoting its objects; and (c) is prohibited from paying any dividend to its members. 12Debt [Section 12 Amended by No. 41 of 2017, s. 11, Applied:01 Dec 2017] A Member is not required to disclose a liability or information relating to a liability to pay a debt owed by the Member or a spouse of the Member if– (a) the amount of the debt did not exceed $500 unless– (i) [Section 12 Amended by No. 41 of 2017, s. 11, Applied:01 Dec 2017] the debt was one of 2 or more debts that the Member or a spouse of the Member is liable to pay to one person as at the primary return date or during the annual return period; and (ii) the amounts to be paid exceeded, in the aggregate, $500; or (b) [Section 12 Amended by No. 41 of 2017, s. 11, Applied:01 Dec 2017] the debt is payable to a relative of the Member; or (c) the debt arises from a loan of money and– (i) [Section 12 Amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] [Section 12 Amended by No. 41 of 2017, s. 11, Applied:01 Dec 2017] the Member or a spouse of the Member is liable to pay the debt to an authorised deposit-taking institution or other person whose ordinary business includes the lending of money; and (ii) the loan was made in the ordinary course of business of the lender; or (d) the debt arises from the supply of goods or services that were supplied– (i) [Section 12 Amended by No. 41 of 2017, s. 11, Applied:01 Dec 2017] during the period of 12 months immediately preceding the primary return date or during the annual return period; and (ii) [Section 12 Amended by No. 41 of 2017, s. 11, Applied:01 Dec 2017] in the ordinary course of any occupation of the Member that is not related to his or her duties as a Member or in the ordinary course of any occupation of a spouse of the Member. 13Contribution to travel (1)  [Section 13 Subsection (1) amended by No. 41 of 2017, s. 12, Applied:01 Dec 2017] A Member is not required to disclose a financial or other contribution to any travel of the Member or a spouse of the Member if– (a) the contribution– (i) was made from public funds; or (ii) arose from travel on free passes issued under any Act; or (iii) arose from travel in government vehicles; or (b) the contribution was made by a relative of the Member; or (c) [Section 13 Subsection (1) amended by No. 41 of 2017, s. 12, Applied:01 Dec 2017] the contribution was made in the ordinary course of any occupation of the Member which is not related to his or her duties as a Member or in the ordinary course of any occupation of a spouse of the Member; or (d) the amount of the contribution did not exceed $250 unless– (i) [Section 13 Subsection (1) amended by No. 41 of 2017, s. 12, Applied:01 Dec 2017] the contribution was one of 2 or more contributions made by one person during the annual return period; and (ii) the amount of those 2 or more contributions exceeded, in the aggregate, $250; or (da) [Section 13 Subsection (1) amended by No. 41 of 2017, s. 12, Applied:01 Dec 2017] the contribution was made in a personal capacity and could not reasonably be perceived to have been made in relation to the Member’s role or duties; or (e) the contribution was made by a political party of which the Member was a member and the travel was undertaken– (i) for the purpose of political activity of the party in Tasmania; or (ii) to enable the Member to represent the party within Australia. (2)  The amount of a contribution that is not a financial contribution is taken to be an amount equal to the value of the contribution. 14Gifts (1)  [Section 14 Subsection (1) substituted by No. 41 of 2017, s. 13, Applied:01 Dec 2017] A Member is not required to disclose any gift received by the Member or a spouse of the Member, if – (a) the amount of the gift did not exceed $500 unless – (i) the gift was one of 2 or more gifts given by one person during the annual return period; and (ii) the amount of those 2 or more gifts exceeded, in the aggregate, $500; or (b) the donor was a relative of the Member; or (c) the gift was given in a personal capacity and could not reasonably be perceived to have been given in relation to the Member’s role or duties. (2)  The amount of a gift comprising property that is not money is taken to be an amount equal to the value of the property. PART 4Register of Interests15Register of Interests of Members of Legislative CouncilThe Clerk of the Legislative Council is to keep all returns lodged by Members of the Legislative Council in a register to be known as the Register of Interests of Members of the Legislative Council. 16Register of Interests of Members of House of AssemblyThe Clerk of the House of Assembly is to keep all returns lodged by Members of the House of Assembly in a register to be known as the Register of Interests of Members of the House of Assembly. 17Form of registers [Section 17 Substituted by No. 41 of 2017, s. 14, Applied:01 Dec 2017] The Register of Interests of Members of the Legislative Council and the Register of Interests of Members of the House of Assembly are to be in the prescribed form. 18Inspection of registers (1)  [Section 18 Subsection (1) substituted by No. 41 of 2017, s. 15, Applied:01 Dec 2017] The Clerk of each House of Parliament is to make the register available for inspection at the times, and in the manner, prescribed. (2) The Clerk of each House of Parliament is to make available the register for inspection by any Member during any time that House is sitting. 19Tabling of registers (1) The Clerk of each House of Parliament, within 21 sitting days of that House after the last day – (a) for the lodgment of primary returns, is to furnish as appropriate to – (i) the President of the Legislative Council for tabling in the Legislative Council, a copy of the Register of Interests of Members of the Legislative Council; or (ii) the Speaker of the House of Assembly for tabling in that House, a copy of the Register of Interests of Members of the House of Assembly; and (b) [Section 19 Subsection (1) amended by No. 41 of 2017, s. 16, Applied:01 Dec 2017] for the lodgment of any annual return, is to furnish as appropriate to– (i) the President of the Legislative Council for tabling in the Legislative Council, a copy of that part of the Register of Interests of Members of the Legislative Council that has not been previously tabled in the Legislative Council; or (ii) the Speaker of the House of Assembly for tabling in that House, a copy of that part of the Register of Interests of Members of the House of Assembly that has not been previously tabled in that House. (2)  Sitting days are to be counted whether or not they occur during the same session. 20Publication of registers [Section 20 Amended by No. 41 of 2017, s. 17, Applied:01 Dec 2017] The Clerk is to cause a copy of a register or part of a register tabled under section 19 to be published as a parliamentary paper and publicly online in accordance with the regulations. 21Deletion of certain matterThe Clerk, for the purpose of the tabling or publication of a copy of a register or part of a register, may delete – (a) any notes or directions concerning the completion of a return; and (b) if no disclosures are made under a particular main heading in a return, any matter under that heading apart from the word "NIL"; and (c) any page number; and (ca) [Section 21 Amended by No. 41 of 2017, s. 18, Applied:01 Dec 2017] any information that, in the opinion of the Clerk, would, if published online, unreasonably compromise the privacy or safety of any person; and (d) any other matter that is not relevant to any disclosure in a return. 22Variation of return (1) A Member may notify the Clerk of any variation in any liability or information contained in a return lodged by that Member if the Member considers it necessary. (2) After being notified of any variation to a return, the Clerk is to amend the return accordingly. PART 5Miscellaneous23Nil returnIf a Member does not have any interests to be disclosed in a return, the Member must lodge a nil return. 23AIndexation of certain amounts [Section 23A Inserted by No. 41 of 2017, s. 19, Applied:01 Dec 2017] (1)  An amount expressed in dollar terms (threshold amount) in section 9A(b) , section 12(a) , section 12(a)(ii) , section 13(1)(d) , section 13(1)(d)(ii) , section 14(1)(a) or section 14(1)(a)(ii) is to be indexed in accordance with this section. (2) For a return relating to the financial year starting on 1 July 2016, a threshold amount is not to be indexed. (3) For a return relating to the financial year starting on 1 July 2017 and for each subsequent financial year, a threshold amount is to be indexed in accordance with the following formula: where – A is the indexed amount; B is the threshold amount; C is the value of the CPI figure for Hobart for the March quarter immediately preceding the financial year in which the threshold amount is to apply; D is the value of the CPI figure for Hobart for the March quarter 2017 as published with the CPI figure for Hobart used in the determination of "C". (4)  If the value of A calculated in accordance with subsection (3) is not a multiple of $50, the amount is to be rounded off to the nearest multiple of $50, with an amount that is $25 more than a multiple of $50 being rounded off to the next highest multiple of $50. (5)  In this section – CPI figure for Hobart means the Consumer Price Index (All Groups) Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth. 24Contempt of Parliament (1) A Member is guilty of contempt of Parliament if the Member – (a) fails to lodge a return when required under this Act; or (b) [Section 24 Subsection (1) amended by No. 41 of 2017, s. 20, Applied:01 Dec 2017] subject to subsection (1A) , fails to disclose any information required under this Act; or (c) provides false or misleading information on a return. (1A)  [Section 24 Subsection (1A) inserted by No. 41 of 2017, s. 20, Applied:01 Dec 2017] A Member does not fail to disclose any information required under this Act if, in the case of information relating to a spouse, the Member – (a) makes all reasonable attempts to obtain that information; or (b) could not reasonably be expected to have been aware of the information. (1B)  [Section 24 Subsection (1B) inserted by No. 41 of 2017, s. 20, Applied:01 Dec 2017] A Member is not guilty of contempt of Parliament in respect of a return if – (a) it is lodged in good faith; and (b) at the time it is lodged, it meets the requirements of this Act. (2) In addition to any punishment given for contempt of Parliament by a Member, the relevant House of Parliament may do any or all of the following: (a) admonish the Member; (b) impose a fine on the Member of an amount not exceeding $10 000; (c) suspend the Member for any period it determines. 25Regulations (1)  The Governor may make regulations for the purpose of this Act. (2)  Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance specified in the regulations. (3)  The regulations may authorise any matter to be determined, applied or regulated by any person or body. (4)  The regulations may confer a power and impose a duty on a specified person or a specified class of persons. 26Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 – (a) the administration of this Act is assigned to the Premier; and (b) the Department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.