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CONSTITUTION (DISCLOSURES BY MEMBERS) REGULATION 1983 - REG 7
Interpretation: Part 3
7 Interpretation: Part 3
(1) In this Part, except in so far as the context or subject-matter otherwise
indicates or requires:
"address" means: (a) in relation to a person other than a corporation-the last
residential or business address of the person known to the Member disclosing
the address,
(b) in relation to a corporation-the address of the registered
office of the corporation in New South Wales or, where there is no such
office, the address of the principal office of the corporation in the place in
which it is incorporated, or
(c) in relation to any real property-the postal
address of the property or the particulars of title of the property.
"debt" means: (a) a debt arising from a loan of money, or
(b) a debt arising
from the supply of goods or services.
"disposition of property" means any conveyance, transfer, assignment,
settlement, delivery, payment or other alienation of property, and includes:
(a) the allotment of shares in a company,
(b) the creation of a trust in
respect of property,
(c) the grant or creation of any lease, mortgage,
charge, easement, licence, power, partnership or interest in respect of
property,
(d) the release, discharge, surrender, forfeiture or abandonment,
at law or in equity, of any debt, contract or chose in action, or of any
interest in respect of property,
(e) the exercise by a person of a general
power of appointment over property in favour of any other person, and
(f) any
transaction entered into by any person with intent thereby to diminish,
directly or indirectly, the value of his or her own property and to increase
the value of the property of any other person.
"donor" means a person who makes a gift.
"gift" means any disposition of property made otherwise than by will (whether
with or without an instrument in writing), without consideration in money or
money’s worth passing from the disponee to the disponer, or with such
consideration so passing if the consideration is not fully adequate, but does
not include any financial or other contribution to travel.
"income" means assessable income within the meaning of the
Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 of the
Commonwealth, but does not include remuneration payable under the
Parliamentary Remuneration Tribunal Act 1975 .
"interest" means: (a) in relation to any property-any estate, interest, right
or power whatever, whether at law or in equity, in or over the property, or
(b) in relation to any corporation-a relevant interest (within the meaning of
the Corporations Act 2001 of the Commonwealth) in any securities issued or
made available by the corporation.
"listed public company" means a listed public company within the meaning of
the Corporations Act 2001 of the Commonwealth.
"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 New South Wales of a candidate or candidates
endorsed by it or by a body or organisation of which it forms part.
"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.
"property" includes money.
"relative", in relation to any Member, means any of the following: (a) the
parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal
descendant or adopted child of the Member or of the Member’s spouse or de
facto partner, or
(b) the spouse or de facto partner of the Member or of any
other person specified in paragraph (a).
Note: “De facto partner” is
defined in section 21C of the Interpretation Act 1987 .
"securities" has the same meaning as it has in section 92 (1) of the
Corporations Act 2001 of the Commonwealth.
"travel" includes accommodation incidental to a journey.
(2) A reference in
this Part to a disclosure concerning any real property, income, corporation or
other thing, includes a reference to a disclosure concerning any real property
situated, income derived, corporation incorporated, or other thing arising or
received, outside New South Wales.
(3) For the purposes of this Part, gifts
or contributions to travel given, loans made, or goods or services supplied,
to a Member by 2 or more corporations which are are related to each other for
the purposes of section 50 of the Corporations Act 2001 of the Commonwealth
shall be regarded as having been given, made or supplied by a single
corporation.
(4) A reference in this Part to a description that is reasonably
sufficient to identify a matter is a reference to a description that would
enable a reasonable person to identify the nature or the kind of matter.
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