New South Wales Consolidated Regulations

CONSTITUTION (DISCLOSURES BY MEMBERS) REGULATION 1983 - REG 15A

15A Provision of client services

(1) Any Member who is or was engaged by a person (the "principal") to provide any service that involves the use of the Member’s parliamentary position (a "relevant service") to or on behalf of any client of the principal must disclose:

(a) in a primary return-each relevant service the Member provided, or reasonably expects to provide, to or on behalf of any clients of the principal in the period commencing on the primary return date in relation to the Member and ending on the next succeeding 30th June, and

(b) in an ordinary return-each relevant service provided to or on behalf of any clients of the principal that the Member provided at any time during the ordinary return period.

(2) A reference in subclause (1) to each relevant service provided, or reasonably expected to be provided, by a Member to or on behalf of any clients of the principal is a reference to:

(a) a description that is reasonably sufficient to identify the nature of the service, and

(b) the names and addresses of the persons that the Member knows, or ought reasonably to know, have directly benefited or are likely to benefit directly from the provision of the service, and

(c) a description that is reasonably sufficient to identify the nature of the business carried on by any of the persons referred to in paragraph (b).

(3) A Member is required to disclose a relevant service under subclause (1) regardless of whether or not the Member also received, or is also reasonably expected to receive, a payment, gift or other financial benefit from the client or other person to whom the service is (or is to be) provided.

(4) For the purposes of this clause:

(a) a "client" of a principal is any person to whom a service is, or is to be, provided or made available in circumstances where the principal has received, or is reasonably expected to receive, consideration in money or money’s worth for the service, and

(b) a Member is or was "engaged by a principal" to provide a relevant service to or on behalf of clients of the principal if the Member provides or provided the service in connection with any of the following:

(i) any contract of employment that the Member has entered into with the principal,

(ii) where the Member is an officer of the principal-the Member’s functions as an officer of the principal,

(iii) any other contract, agreement or arrangement that the Member has entered into with the principal under which the Member receives, or is reasonably expected to receive, consideration in money or money’s worth, and

(c) a relevant service is or was provided "on behalf of a client of the principal" if the client has or had requested that the service be provided to another person on the client’s behalf.

(5) Nothing in this clause requires a Member to disclose a relevant service under subclause (1) that was provided by the Member before the primary return date in relation to the Member.

Note: The primary return date for a Member (other than a re-elected Member) is the day on which he or she takes the pledge of loyalty required by section 12 of the Act.

(6) In this clause:
"function" includes a power, authority or duty.
"officer", in relation to a person that is a corporation, has the same meaning as officer of a corporation has in section 9 of the Corporations Act 2001 of the Commonwealth.