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CONSTITUTION (DISCLOSURES BY MEMBERS) REGULATION 1983 - SCHEDULE 1
SCHEDULE 1 – Forms
(Clauses 3 (1) and 3A)
Form 1 - Primary return
(Clause 3 (1), definition of “primary return”)
Note: 1 This form is in two sections. The first section (Section 1-Guidance
Notes and Examples) outlines the requirements of the Constitution (Disclosures
by Members) Regulation 1983 for each type of interest to be disclosed, and
gives examples as to how to make entries on the return. The second section of
the form (Section 2-Member’s Primary Return) sets out the return that is to
be filled in by the Member. Only the second section of this form needs to be
lodged with the Clerk.
2 The pecuniary interests and other matters required
to be disclosed in the return set out in Section 2 of this form are prescribed
in clauses 8, 9, 12, 13, 14 and 15A of the Constitution (Disclosures by
Members) Regulation 1983 .
3 The particulars required to complete this form
are to be written in block letters or typed.
4 If any space is insufficient
in this form for all the particulars required to complete it, attach an
appendix for that purpose which is properly identified and signed by the
Member.
5 A reference in this form to the
"primary return period" in relation to a Member is a reference to the period
commencing on the day on which the Member took the pledge of loyalty and
ending on the next succeeding 30th June.
6 If a Member is not required to
disclose a kind of pecuniary interest or other matter under a particular main
heading in this form, “NIL” or “N/A” (as relevant) is to be placed in
an appropriate space under that heading.
7 The entries marked as “Example
entry only” or “Example entries only” are provided by way of example
only.
8 Matter marked with an asterisk (*) is to be omitted if it is not
appropriate for the Member concerned.
Primary return
SECTION 1-GUIDANCE NOTES
AND EXAMPLES
Under clause 8 of the Constitution (Disclosures by
Members) Regulation 1983 , you must disclose in Part 1 of the return the
address of each parcel of real property in which you had an interest (or the
alternative information permitted by the Regulation if you use the parcel for
residential purposes) on the date on which you took the pledge of loyalty and
the nature of the interest in the real property. Make a separate entry for
each parcel of real property held, separated by a line, in Part 1 of the
return.
Note:
| Address of each parcel of real property | Nature of interest |
Principal place of residence
Suburb-Surry Hills | Joint tenant |
| 1 Pitt Street, Sydney NSW 2000 | Sole owner |
Part 2 Sources of income
Under clause 9 of the Constitution (Disclosures by
Members) Regulation 1983 , you must disclose in Part 2 of the return each
source of income that you received, or reasonably expect to receive, during
the primary return period. You must disclose income received, or which you
expect to receive:
(a) as an employee, as part of a partnership, as an office
holder (including an office holder in a corporation or body) or under any
other contract, agreement or arrangement (such as a self-employed
consultant/contractor) (use Part 2.1 of the return), and
(b) from a trust
(use Part 2.2 of the return), and
(c) from any other source (use Part 2.3 of
the return).
2.1 Income from employment, offices, partnerships and services
Under clause 9 (2) (a)-(d) of the Constitution (Disclosures by Members)
Regulation 1983 , you must disclose in Part 2.1 of the return any income you
have received or reasonably expect to receive during the primary return period
as an employee, as part of a partnership, as an office holder (including an
office holder in a corporation or body) or under any other contract, agreement
or arrangement (such as a self-employed consultant/contractor).
You must also describe the services you provide in receiving that income. The
description of the services provided must be reasonably sufficient to identify
the service provided in return for that income. Services from which you do not
derive any income do not need to be disclosed.
You must make a separate entry for each different source of income in the
appropriate Table in Part 2.1 of the return. For example, if you are employed
and hold an office, two separate entries should be made respectively in Tables
2.1.1 and 2.1.2 in Part 2.1 of the return. Separate multiple entries in each
Table by a line. Where the Table is not relevant to your circumstances because
you do not receive that kind of income, enter “NIL” in that Table (for
example, if you do not derive any income, whether as an employee, as an office
holder, from a partnership or otherwise under a contract, agreement or
arrangement, you must enter “NIL” in all Tables). Where the Table (or part
of a Table) is not relevant to your circumstances because the conditions under
which you would be required to make a disclosure do not apply in relation to
you, enter “N/A” in that Table or part of the Table (for example, if you
are not required to disclose the nature of the business of your employer
because the services you provided did not arise from or relate to the use of
your position as a Member).
Where you provide services that “arise from or relate to the use of” your
position as a Member, you must complete the last column in each Table. This
includes (but is not limited to) where you engage in: (a) the provision of
public policy advice, or
(b) the development of strategies or the provision
of advice on the conduct of relations with the Government or Members, or
(c)
lobbying the Government or other Members on a matter of concern to the person
to whom the service is provided.
Note, where the provision of services
“arise from or relate to the use of” your position as a Member, you may
also need to complete Part 6 of the return. Note:
| Name of occupation | Description of kinds of services provided or to be provided
| Name and address of employer | Nature of business of the employer (where the
services provided or to be provided relate to your position as a Member) |
| Solicitor | Employed solicitor providing legal services to clients, in the areas
of criminal and family law | ABC Lawyers, 1 Pitt Street, Sydney NSW 2000 | N/A |
Note:
| Name or title of the office and a description of kinds of services provided or
to be provided | Name and address of corporation or body (if any) in which the
office is held | Nature of business carried on by the entity (where the services
provided or to be provided relate to your position as a Member) |
| Local councillor | Hurstville City Council, MacMahon Street, Hurstville NSW 2220
| N/A |
Note:
| Name of occupation (if any) | Description of kinds of services provided or to be
provided | Name and address of the partnership | Nature of business carried on by
the partnership (where the services provided or to be provided relate to your
position as a Member) |
| Solicitor | Partner of the law firm and to provide commercial legal services
specialising in litigation, property, intellectual property, competition and
corporate law | XYZ Lawyer, 3 Smith Street, Paddington NSW 2021 | N/A |
Note:
| Name of occupation (if relevant) and a description of services provided or to
be provided | Name and address of parties to any contract, agreement or
arrangement to provide services | Nature of business carried on by the other
party to the contract, agreement or arrangement (where the services provided
or to be provided relate to your position as a Member) |
| Public affairs consultant-Providing public affairs advice, including lobbying
MPs and government departments on the issue of regulation of electrical
appliances | XYZ Corporation, 1 Pitt Street, Sydney NSW 2000 | Manufacturer of
electrical appliances |
2.2 Income from a trust Under clause 9 (2) (e) of the Constitution
(Disclosures by Members) Regulation 1983 , you are required to disclose in
Part 2.2 of the return any source of income which you received or reasonably
expect to receive during the primary return period from a trust, including the
name and address of the settlor and the trustee. Make a separate entry in Part
2.2 of the return (separated by a line) for each trust. Note:
| Name and address of settlor | Name and address of trustee |
| XY Settlor, 2 George Street, Sydney NSW 2000 | AB Trustee, 10 George Street,
Sydney NSW 2000 |
2.3 Other income Under clause 9 (2) (f) of the Constitution (Disclosures by
Members) Regulation 1983 , you are required to disclose in Part 2.3 of the
return any other income received or which you expect to receive during the
primary return period and provide a description sufficient to identify the
person from whom, or the circumstances in which, the income was, or is
reasonably expected to be, received. Note:
| Disclosure of other income |
| Income from the operation of a farm at 1 Pitt Street, Orange NSW, 2800 of
which I am the sole proprietor. |
Part 3 Interests and positions in corporations
Under clause 12 of the
Constitution (Disclosures by Members) Regulation 1983 , you must disclose in
Part 3 of the return the following particulars for each corporation in which
you had an interest or held any position (whether remunerated or not) on the
date on which you took the pledge of loyalty:
(a) the name and address of each
corporation,
(b) the nature of the interest (if any) or a description of the
position held,
(c) except in the case of a listed public company, a
description of the principal objects of each such corporation.
If you received
income in respect of any position held in a corporation, that information
should be disclosed in Part 2 of the return. Note:
| Name and address of corporation | Nature of interest (if any) or description of
position held | Description of principal objects of corporation (where
corporation is not a listed public company) |
| CD Corporation Limited, 1 Martin Place, Sydney NSW 2000 | Shareholder | N/A |
| MD Corporation Pty Limited, 33 Kingsgrove Road, Kingsgrove NSW 2208 | Majority
shareholder | To provide financial advice to its clients |
Under clause 13 of the Constitution (Disclosures by Members) Regulation 1983 ,
you must disclose in Part 4 of the return the name of each trade union and
professional or business association in which you held any position (whether
remunerated or not) on the date on which you took the pledge of loyalty and a
description of the position held.
Note:
| Name of trade union or association | Description of position |
| ABC Trade Union | Member Honorary Secretary |
Under clause 14 of the Constitution (Disclosures by Members)
Regulation 1983 , you must disclose in Part 5 of the return the name and
address of each person to whom you were liable to pay any debt on the date on
which you took the pledge of loyalty. You must disclose all debts, whether or
not the amount to be paid was due and payable on the date on which you took
the pledge of loyalty.
You do not need to disclose a debt that:
(a) does not exceed $500 unless the
debt was 1 of 2 or more debts owed to 1 person and the amount of those 2 or
more debts together exceeds $500 in aggregate, or
(b) is owed to a relative
of yours (as defined by clause 7 (1) of the Constitution (Disclosures by
Members) Regulation 1983 ), or
(c) is owed to a bank, building society,
credit union or other person whose ordinary business includes the lending of
money and the loan was made in the ordinary course of business of the lender,
or
(d) arises from the supply of goods and services which were supplied in
the 12 month period immediately preceding the primary return date, or
(e)
arises from the supply of goods and services in the ordinary course of any
occupation not related to your duties as a Member.
Note:
| Disclosure of debts |
| Personal loan made by Mr John Smith of 1 Pitt Street, Sydney NSW 2000. |
Part 6 Client services
Under clause 15A of the Constitution (Disclosures by
Members) Regulation 1983 , you must disclose the details set out in Part 6 of
the return if you have provided, or reasonably expect to provide, “client
services” at any time during the primary return period.
Client services are provided by you if:
(a) you are engaged by a person
(whether an individual or corporation) to provide services to or on behalf of
any of that person’s clients, and
(b) that person has received or is
reasonably expected to receive consideration in money or money’s worth from
the client for your services, and
(c) the services relate to your
Parliamentary position.
You are engaged by a person (whether an individual or
corporation) to provide services if you provide services in connection with:
(a) any contract of employment with the person, or
(b) your role as an
officer of the person (such as a corporation), or
(c) any other contract,
agreement or arrangement that you have entered into with the person in respect
of which you receive consideration in money, or money’s worth, for providing
the services.
Services relate to your Parliamentary position if the services
“arise from or relate to the use of” your position as a Member. This
includes (but is not limited to) where you engage in: (a) the provision of
public policy advice, or
(b) the development of strategies or the provision
of advice on the conduct of relations with the Government or Members, or
(c)
lobbying the Government or other Members on a matter of concern to the person
to whom the service is provided.
You are required to disclose the persons who
receive the benefit of your client services even if you did not directly
receive any payment from that person.
You must make a separate entry in Part 6 of the return for each person who
directly receives the benefit of your services. You must also disclose who
receives the benefit of your services if the client of the person who engages
you requests that the services be provided to some other person. For example,
if you are employed by, or are a director of Company X, and Company X
contracts with Person Y for you to provide consultancy services to Company Z,
you must disclose the provision of client services to both Person Y and
Company Z.
Please note, your engagement with a person to provide client services should
be disclosed in Part 2 of the return. Note:
| Names and addresses of persons who benefit or are likely to benefit from the
services | Description of the services reasonably sufficient to identify the
nature of the service provided or to be provided | Nature of business of persons
who directly benefited or are likely directly to benefit |
| Smith Constructions Pty Ltd, 1 Orange Street, Paddington NSW 2021 | Advising on
public policy regarding public infrastructure and the development of
strategies on the conduct of relations with the Government, and lobbying
government departments in relation to projects managed by the company
| Construction company specialising in public infrastructure such as roads |
Part 7 Discretionary disclosures
Under clause 16 of the Constitution
(Disclosures by Members) Regulation 1983 , a Member may disclose in Part 7 of
the return any direct or indirect benefits, advantages or liabilities that are
not required to be disclosed by the Regulation but which the Member considers
might appear to raise a conflict between his or her private interests and his
or her public duty as a Member or which he or she otherwise wishes to
disclose.
Primary return
SECTION 2-MEMBER’S PRIMARY RETURN
Primary return
Constitution (Disclosures by Members) Regulation 1983
Primary return
Primary Return-Legislative *Council/*Assembly
Disclosures of pecuniary interests and other matters by:
| as at | |
| (full name of Member) | | (primary return date) |
| | |
| | (Member’s signature) |
| | |
| | (Date) |
Part 2 Sources of income
2.1 Income from employment, offices, partnerships
and services Table 2.1.1 Income received as an employee
| Name of occupation | Description of kinds of services provided or to be provided
| Name and address of employer | Nature of business of the employer (where the
services provided or to be provided relate to your position as a Member) |
| | | |
| | | |
| | | |
| | | |
Table 2.1.2 Income received as holder of office
| Name or title of the office and a description of kinds of services provided or
to be provided | Name and address of corporation or body (if any) in which the
office is held | Nature of business carried on by the entity (where the services
provided or to be provided relate to your position as a Member) |
| | |
| | |
| | |
| | |
Table 2.1.3 Income from partnership
| Name of occupation (if any) | Description of kinds of services provided or to be
provided | Name and address of the partnership | Nature of business carried on by
the partnership (where the services provided or to be provided relate to your
position as a Member) |
| | | |
| | | |
| | | |
| | | |
| | | |
Table 2.1.4 Income from services provided under any other contract, agreement
or arrangement
| Name of occupation (if relevant) and a description of services provided or to
be provided | Name and address of parties to any contract, agreement or
arrangement to provide services | Nature of business carried on by the other
party to the contract, agreement or arrangement (where the services provided
or to be provided relate to your position as a Member) |
| | |
| | |
| | |
| | |
| | |
2.2 Income from a trust
Part 3 Interests and positions in corporations
| Name of trade union or association | Description of position |
| |
| |
| |
| |
| |
Part 6 Client services
| Names and addresses of persons who benefit or are likely to benefit from the
services | Description of the services reasonably sufficient to identify the
nature of the service provided or to be provided | Nature of business of persons
who directly benefited or are likely directly to benefit |
| | |
| | |
| | |
| | |
| | |
Part 7 Discretionary disclosures
| Disclosures that are discretionary |
|
|
Form 2 - Ordinary return
(Clause 3 (1), definition of “ordinary return”)
Note: 1 This form is in two sections. The first section (Section 1-Guidance
Notes and Examples) outlines the requirements of the Constitution (Disclosures
by Members) Regulation 1983 for each type of interest to be disclosed, and
gives examples as to how to make entries on the return. The second section of
the form (Section 2-Member’s Ordinary Return) sets out the return that is to
be filled in by the Member. Only the second section of this form needs to be
lodged with the Clerk.
2 The pecuniary interests and other matters required
to be disclosed in the return set out in Section 2 of this form are prescribed
by clauses 8 to 15A of the Constitution (Disclosures by Members) Regulation
1983 .
3 The particulars required to complete this form are to be written in
block letters or typed.
4 If any space is insufficient in this form for all
the particulars required to complete it, attach an appendix for that purpose
which is properly identified and signed by the Member.
5 A reference in this
form to the
"ordinary return period" in relation to a Member is a reference to: (a) where
the last return lodged by the Member was an ordinary return-the period of 12
months ending on 30th June in the year this return is required to be lodged,
or
(b) where the last return lodged by the Member was a primary return-the
period commencing on the day on which the Member took the pledge of loyalty
and ending on 30th June in the year this return is required to be lodged.
6
If a Member is not required to disclose a kind of pecuniary interest or other
matter under a particular main heading in this form, “NIL” or “N/A”
(as relevant) is to be placed in an appropriate space under that heading.
7
The entries marked as “Example entry only” or “Example entries only”
are provided by way of example only.
8 You must disclose ALL matters required
to be disclosed as set out in the return in Section 2 of this form (and as
required by the
9 Matter marked with an asterisk (*) is to be omitted if it
is not appropriate for the Member concerned.
Ordinary return
SECTION
1-GUIDANCE NOTES AND EXAMPLES
Under clause 8 of the Constitution (Disclosures by
Members) Regulation 1983 , you must disclose in Part 1 of the return the
address of each parcel of real property in which you had an interest (or the
alternative information permitted by the Regulation if you used the parcel for
residential purposes) at any time during the ordinary return period and the
nature of the interest in the real property. Make a separate entry for each
parcel of real property held, separated by a line, in Part 1 of the return.
Note:
| Address of each parcel of real property | Nature of interest |
Principal place of residence
Suburb-Surry Hills | Joint tenant |
| 1 Pitt Street, Sydney NSW 2000 | Sole owner |
Part 2 Sources of income
Under clause 9 of the Constitution (Disclosures by
Members) Regulation 1983 , you must disclose in Part 2 of the return each
source of income that you received during the ordinary return period. You must
disclose income received:
(a) as an employee, as part of a partnership, as an
office holder (including an office holder in a corporation or body) or under
any other contract, agreement or arrangement (such as a self-employed
consultant/contractor) (use Part 2.1 of the return), and
(b) from a trust
(use Part 2.2 of the return), and
(c) from any other source (use Part 2.3 of
the return).
2.1 Income from employment, offices, partnerships and services
Under clause 9 (2) (a)-(d) of the Constitution (Disclosures by Members)
Regulation 1983 , you must disclose in Part 2.1 of the return any income you
have received during the ordinary return period as an employee, as part of a
partnership, as an office holder (including an office holder in a corporation
or body) or under any other contract, agreement or arrangement (such as a
self-employed consultant/contractor).
You must also describe the services you provide in receiving that income. The
description of the services provided must be reasonably sufficient to identify
the service provided in return for that income. Services from which you do not
derive any income do not need to be disclosed.
You must make a separate entry for each different source of income in the
appropriate Table in Part 2.1 of the return. For example, if you are employed
and hold an office, two separate entries should be made respectively in Tables
2.1.1 and 2.1.2 in Part 2.1 of the return. Separate multiple entries in each
Table by a line. Where the Table is not relevant to your circumstances because
you do not receive that kind of income, enter “NIL” in that Table (for
example, if you do not derive any income, whether as an employee, as an office
holder, from a partnership or otherwise under a contract, agreement or
arrangement, you must enter “NIL” in all Tables). Where the Table (or part
of a Table) is not relevant to your circumstances because the conditions under
which you would be required to make a disclosure do not apply in relation to
you, enter “N/A” in that Table or part of the Table (for example, if you
are not required to disclose the nature of the business of your employer
because the services you provided did not arise from or relate to the use of
your position as a Member).
Where you provide services that “arise from or relate to the use of” your
position as a Member, you must complete the last column in each Table. This
includes (but is not limited to) where you engage in: (a) the provision of
public policy advice, or
(b) the development of strategies or the provision
of advice on the conduct of relations with the Government or Members, or
(c)
lobbying the Government or other Members on a matter of concern to the person
to whom the service is provided.
Note, where the provision of services
“arise from or relate to the use of” your position as a Member, you may
also need to complete Part 9 of the return. Note:
| Name of occupation | Description of kinds of services provided | Name and address
of employer | Nature of business of the employer (where the services provided
relate to your position as a Member) |
| Solicitor | Employed solicitor providing legal services to clients, in the areas
of criminal and family law | ABC Lawyers, 1 Pitt Street, Sydney NSW 2000 | N/A |
Note:
| Name or title of the office and a description of kinds of services provided
| Name and address of corporation or body (if any) in which the office is held
| Nature of business carried on by the entity (where the services provided
relate to your position as a Member) |
| Local councillor | Hurstville City Council, MacMahon Street, Hurstville NSW 2220
| N/A |
Note:
| Name of occupation (if any) | Description of kinds of services provided | Name and
address of the partnership | Nature of business carried on by the partnership
(where the services provided relate to your position as a Member) |
| Solicitor | Partner of the law firm and to provide commercial legal services
specialising in litigation, property, intellectual property, competition and
corporate law | XYZ Lawyer, 3 Smith Street, Paddington NSW 2021 | N/A |
Note:
| Name of occupation (if relevant) and a description of services provided | Name
and address of parties to any contract, agreement or arrangement to provide
services | Nature of business carried on by the other party to the contract,
agreement or arrangement (where the services provided relate to your position
as a Member) |
| Public affairs consultant-Providing public affairs advice, including lobbying
MPs and government departments on the issue of regulation of electrical
appliances | XYZ Corporation, 1 Pitt Street, Sydney NSW 2000 | Manufacturer of
electrical appliances |
2.2 Income from a trust Under clause 9 (2) (e) of the Constitution
(Disclosures by Members) Regulation 1983 , you are required to disclose in
Part 2.2 of the return any source of income which you received during the
ordinary return period from a trust, including the name and address of the
settlor and the trustee. Make a separate entry in Part 2.2 of the return
(separated by a line) for each trust. Note:
| Name and address of settlor | Name and address of trustee |
| XY Settlor, 2 George Street, Sydney NSW 2000 | AB Trustee, 10 George Street,
Sydney NSW 2000 |
2.3 Other income Under clause 9 (2) (f) of the Constitution (Disclosures by
Members) Regulation 1983 , you are required to disclose in Part 2.3 of the
return any other income received during the ordinary return period and provide
a description sufficient to identify the person from whom, or the
circumstances in which, the income was received. Note:
| Disclosure of other income |
| Income from the operation of a farm at 1 Pitt Street, Orange NSW 2800 of which
I am the sole proprietor. |
Under clause 10 of the Constitution (Disclosures by Members)
Regulation 1983 , you are required to disclose in Part 3 of the return any
gifts (including gifts of cash) received during the ordinary return period and
the name and address of the person from whom the gift was received.
You do not need to disclose a gift that:
(a) does not exceed $500 in value
unless the gift was 1 of 2 or more gifts made by 1 person at any time during
the ordinary return period and the amount of those 2 or more gifts together
exceeds $500 in aggregate, or
(b) is a political donation disclosed, or
required to be disclosed, under Part 6 of the Election Funding Act 1981 , or
(c) is from a donor who is a relative of yours (as defined by clause 7 (1) of
the Constitution (Disclosures by Members) Regulation 1983 ).
Note:
| Description of each gift I received at any time during the ordinary return
period | Name and address of donor |
| 4 tickets to the XYZ sporting event | XYZ Sports Union, 1 Pitt Street, Sydney
NSW 2000 |
Part 4 Contributions to travel
Under clause 11 of the Constitution
(Disclosures by Members) Regulation 1983 , you are required to disclose the
information set out in Part 4 of the return for any contribution to any travel
(including accommodation incidental to a journey) undertaken by you during the
ordinary return period.
You do not need to disclose a contribution if:
(a) the contribution was made
from public funds (including a contribution arising from travel on free passes
issued under any Act or from travel in government vehicles), or
(b) the
contribution was made by a relative of yours (as defined by clause 7 (1) of
the Constitution (Disclosures by Members) Regulation 1983 ), or
(c) the
contribution was made in the ordinary course of any occupation which is not
related to your duties as a Member, or
(d) the amount of the contribution did
not exceed $250 unless the contribution was 1 of 2 or more contributions made
by 1 person at any time during the ordinary return period and the amount of
those 2 or more contributions exceeded, in the aggregate, $250, or
(e) the
contribution was a political contribution disclosed, or required to be
disclosed, under Part 6 of the Election Funding Act 1981 , or
(f) the
contribution was made by a political party of which you are a member and the
travel was undertaken for the purpose of political activity of the party in
New South Wales or to enable you to represent the party within Australia.
Note:
| Name and address of each person who made any financial or other contribution
to travel undertaken at any time during the ordinary return period | Dates on
which travel was taken | Names of States, Territories of the Commonwealth and
overseas countries in which travel undertaken |
| Brisbane City Council, 1 Smith Street, Brisbane QLD 4000 | 31 August to 4
September | Brisbane, Queensland |
Part 5 Interests and positions in corporations
Under clause 12 of the
Constitution (Disclosures by Members) Regulation 1983 , you must disclose in
Part 5 of the return the following particulars for each corporation in which
you had an interest or held any position (whether remunerated or not) at any
time during the ordinary return period:
(a) the name and address of each
corporation,
(b) the nature of the interest (if any) or a description of the
position held,
(c) except in the case of a listed public company, a
description of the principal objects of each such corporation.
If you received
income in respect of any position held in a corporation, that information
should be disclosed in Part 2 of the return. Note:
| Name and address of corporation | Nature of interest (if any) or description of
position held | Description of principal objects of corporation (where
corporation is not a listed public company) |
| CD Corporation Limited, 1 Martin Place, Sydney NSW 2000 | Shareholder | N/A |
| MD Corporation Pty Limited, 33 Kingsgrove Road, Kingsgrove NSW 2208 | Majority
shareholder | To provide financial advice to its clients |
Under clause 13 of the Constitution (Disclosures by Members) Regulation 1983 ,
you must disclose in Part 6 of the return the name of each trade union and
professional or business association in which you held any position (whether
remunerated or not) at any time during the ordinary return period and a
description of the position held.
Note:
| Name of trade union or association | Description of position |
| ABC Trade Union | Member Honorary Secretary |
Under clause 14 of the Constitution (Disclosures by Members)
Regulation 1983 , you must disclose in Part 7 of the return the name and
address of each person to whom you were liable to pay any debt at any time
during the ordinary return period. You must disclose all debts, whether or not
the amount to be paid was due and payable at any time during that period.
You do not need to disclose a debt that:
(a) does not exceed $500 unless the
debt was 1 of 2 or more debts owed to 1 person and the amount of those 2 or
more debts together exceeds $500 in aggregate, or
(b) is owed to a relative
of yours (as defined by clause 7 (1) of the Constitution (Disclosures by
Members) Regulation 1983 ), or
(c) is owed to a bank, building society,
credit union or other person whose ordinary business includes the lending of
money and the loan was made in the ordinary course of business of the lender,
or
(d) arises from the supply of goods and services which were supplied
during the ordinary return period, or
(e) arises from the supply of goods and
services in the ordinary course of any occupation not related to your duties
as a Member.
Note:
| Disclosure of debts |
| Personal loan made by Mr John Smith of 1 Pitt Street, Sydney NSW 2000. |
Part 8 Dispositions of property
Under clause 15 of the Constitution
(Disclosures by Members) Regulation 1983 , you must disclose in Part 8 of the
return particulars of each disposition of:
(a) real property by you at any
time during the ordinary return period whereby you retained, wholly or in
part, the use and benefit of the property or the right to reacquire the
property at a later time, or
(b) property to a person by any other person
under arrangements made by you during the ordinary return period whereby you
obtained, either wholly or in part, the use and benefit of the property.
Note:
| Disclosure of dispositions of property |
| Disposition of Lot 5, DP1234 on 30 May to XYZ Corporation, whereby a right is
conferred on Mr Smith MP to use the property. |
Part 9 Client services
Under clause 15A of the Constitution (Disclosures by
Members) Regulation 1983 , you must disclose the details set out in Part 9 of
the return if you have provided “client services” at any time during the
ordinary return period.
Client services are provided by you if:
(a) you are engaged by a person
(whether an individual or corporation) to provide services to or on behalf of
any of that person’s clients, and
(b) that person has received or is
reasonably expected to receive consideration in money or money’s worth from
the client for your services, and
(c) the services relate to your
Parliamentary position.
You are engaged by a person (whether an individual or
corporation) to provide services if you provide services in connection with:
(a) any contract of employment with the person, or
(b) your role as an
officer of the person (such as a corporation), or
(c) any other contract,
agreement or arrangement that you have entered into with the person in respect
of which you receive consideration in money, or money’s worth, for providing
the services.
Services relate to your Parliamentary position if the services
“arise from or relate to the use of” your position as a Member. This
includes (but is not limited to) where you engage in: (a) the provision of
public policy advice, or
(b) the development of strategies or the provision
of advice on the conduct of relations with the Government or Members, or
(c)
lobbying the Government or other Members on a matter of concern to the person
to whom the service is provided.
You are required to disclose the persons who
receive the benefit of your client services even if you did not directly
receive any payment from that person.
You must make a separate entry in Part 9 of the return for each person who
directly receives the benefit of your services. You must also disclose who
receives the benefit of your services if the client of the person who engages
you requests that the services be provided to some other person. For example,
if you are employed by, or are a director of Company X, and Company X
contracts with Person Y for you to provide consultancy services to Company Z,
you must disclose the provision of client services to both Person Y and
Company Z.
Please note, your engagement with a person to provide client services should
be disclosed in Part 2 of the return. Note:
| Names and addresses of persons who benefit or are likely to benefit from the
services provided at any time during the ordinary return period | Description of
the services reasonably sufficient to identify the nature of the service
provided | Nature of business of persons who directly benefited or are likely
directly to benefit |
| Smith Constructions Pty Ltd, 1 Orange Street, Paddington NSW 2021 | Advising on
public policy regarding public infrastructure and the development of
strategies on the conduct of relations with the Government, and lobbying
government departments in relation to projects managed by the company
| Construction company specialising in public infrastructure such as roads |
Part 10 Discretionary disclosures
Under clause 16 of the Constitution
(Disclosures by Members) Regulation 1983 , a Member may disclose in Part 10 of
the return any direct or indirect benefits, advantages or liabilities that are
not required to be disclosed by the Regulation but which the Member considers
might appear to raise a conflict between his or her private interests and his
or her public duty as a Member or which he or she otherwise wishes to
disclose.
Ordinary return
SECTION 2-MEMBER’S ORDINARY RETURN
Ordinary return
Constitution (Disclosures by Members) Regulation 1983
Ordinary return
Ordinary Return-Legislative *Council/*Assembly
Disclosures of pecuniary interests and other matters by:
(full name of Member)
in respect of the period fromto
(ordinary return period)
| |
| (Member’s signature) |
| |
| (Date) |
Part 2 Sources of income
2.1 Income from employment, offices, partnerships
and services Table 2.1.1 Income received as an employee
| Name of occupation | Description of kinds of services provided | Name and address
of employer | Nature of business of the employer (where the services provided
relate to your position as a Member) |
| | | |
| | | |
| | | |
| | | |
Table 2.1.2 Income received as holder of office
| Name or title of the office and a description of kinds of services provided
| Name and address of corporation or body (if any) in which the office is held
| Nature of business carried on by the entity (where the services provided
relate to your position as a Member) |
| | |
| | |
| | |
| | |
Table 2.1.3 Income from partnership
| Name of occupation (if any) | Description of kinds of services provided | Name and
address of the partnership | Nature of business carried on by the partnership
(where the services provided relate to your position as a Member) |
| | | |
| | | |
| | | |
| | | |
| | | |
Table 2.1.4 Income from services provided under any other contract, agreement
or arrangement
| Name of occupation (if relevant) and a description of services provided | Name
and address of parties to any contract, agreement or arrangement to provide
services | Nature of business carried on by the other party to the contract,
agreement or arrangement (where the services provided relate to your position
as a Member) |
| | |
| | |
| | |
| | |
| | |
2.2 Income from a trust
| Description of each gift I received at any time during the ordinary return
period | Name and address of donor |
| |
Part 4 Contributions to travel
| Name and address of each person who made any financial or other contribution
to travel undertaken at any time during the ordinary return period | Dates on
which travel was taken | Names of States, Territories of the Commonwealth and
overseas countries in which travel undertaken |
| | |
| | |
| | |
| | |
| | |
Part 5 Interests and positions in corporations
| Name of trade union or association | Description of position |
| |
| |
| |
| |
| |
Part 8 Dispositions of property
Part 9 Client services
| Names and addresses of persons who benefit from the services provided at any
time during the ordinary return period | Description of the services reasonably
sufficient to identify the nature of the service provided | Nature of business
of persons who directly benefited or are likely directly to benefit |
| | |
| | |
| | |
| | |
| | |
Part 10 Discretionary disclosures
| Disclosures that are discretionary |
|
|
Form 3 - Supplementary ordinary return
(Clause 3 (1), definition of
“supplementary ordinary return”)
Note: 1 This form is in two sections. The first section (Section 1-Guidance
Notes and Examples) outlines the requirements of the Constitution (Disclosures
by Members) Regulation 1983 for each type of interest to be disclosed, and
gives examples as to how to make entries on the return. The second section of
the form (Section 2-Member’s Supplementary Ordinary Return) sets out the
return that is to be filled in by the Member. Only the second section of this
form needs to be lodged with the Clerk.
2 The pecuniary interests and other
matters required to be disclosed in the return set out in Section 2 of this
form are prescribed by clauses 8 to 15A of the Constitution (Disclosures by
Members) Regulation 1983 (as applied to the return by clause 6A of the
Regulation).
3 You must complete EITHER Division A or Division B of the
return in Section 2.
4 The particulars required to complete this form are to
be written in block letters or typed.
5 If any space is insufficient in this
form for all the particulars required to complete it, attach an appendix for
that purpose which is properly identified and signed by the Member.
6 You
should refer to the Constitution (Disclosures by Members) Regulation 1983 and
the instructions in your last ordinary return (if any) to identify whether
pecuniary interests should be disclosed.
7 A reference in this form to the
"supplementary ordinary return period" in relation to a Member is a reference
to: (a) in the case of a Member whose previous return was an ordinary
return-the period commencing on 1st July and ending on 31st December of the
previous year, or
(b) in the case of a Member whose previous return was a
primary return: (i) where the Member took the pledge of loyalty on or before
1st July of the previous year-the period commencing on 1st July and ending on
31st December of the previous year, or
(ii) where the Member took the pledge
of loyalty after 1st July of the previous year-the period commencing on that
date and ending on 31st December in the previous year.
8 The entries marked
as “Example entry only” or “Example entries only” are provided by way
of example only.
9 Matter marked with an asterisk (*) is to be omitted if it
is not appropriate for the Member concerned.
Supplementary ordinary return
SECTION 1-GUIDANCE NOTES AND EXAMPLES
1 A supplementary ordinary return is designed to update the pecuniary
interests disclosed in the ordinary return or primary return last filed by you
that covered the return period ending on 30 June last year. Specifically, the
purpose of this form is for you to identify additional pecuniary interests for
the period 1 July to 31 December of last year. The return must generally be
filed by 31 March. Certain interests do not need to be disclosed if they have
been disclosed in your most recent ordinary return or primary return.
2 In
the case of new Members (other than re-elected Members) who have not yet filed
an ordinary return, your primary return is to be treated as your most recent
ordinary return for the purposes of completing this supplementary ordinary
return. It should also be noted that new Members do not need to disclose
anything that occurred, or was received or had, before the date on which the
pledge of loyalty was taken. Also, as a result of this, some new Members will
have a supplementary ordinary return period that is shorter than the period 1
July to 31 December of last year.
3 Additional pecuniary interests must be
disclosed where, during the supplementary ordinary return period, you have:
(a) held any interests in real property, which are additional to those already
disclosed in your most recent return, or
(b) received income from any source,
or
(c) received any gifts or contributions to travel, or
(d) held any
interests or positions in corporations, which are additional to those already
disclosed in your most recent return, or
(e) held any positions in trade
unions or professional or business associations, which are additional to those
already disclosed in your most recent ordinary return, or
(f) incurred a
liability to pay a debt to any person, which is additional to those already
disclosed in your most recent ordinary return, or
(g) had any dispositions of
property (within the meaning of Part 3 of the Constitution (Disclosures by
Members) Regulation 1983 ) in which you have retained a benefit, or
(h)
provided any “client services”.
4 Complete either Division A or Division
B of the return, but not both.
Division A must only be completed where, in respect of the supplementary
ordinary return period last year, you do not have any additional pecuniary
interests to disclose as required by the Constitution (Disclosures by Members)
Regulation 1983 .
Division B must only be completed if you have additional pecuniary interests
set out in item 3 (a) to (h) of these notes in respect of the supplementary
ordinary return period last year. You must identify each of the additional
pecuniary interest in the relevant table in Division B. You must disclose the
following kinds of pecuniary interests even if you disclosed them in the same
or a similar entry in your most recent return: (a) income received from any
source,
(b) any gifts or contributions to travel that you received,
(c) any
dispositions of property (within the meaning of Part 3 of the Constitution
(Disclosures by Members) Regulation 1983 ),
(d) any “client services” you
provided.
5 If you are not required to disclose a kind of pecuniary interest
or other matter under a particular main heading in Division B, “NIL” or
“N/A” (as relevant) is to be placed in an appropriate space under that
heading.
6 If you have ceased to hold a pecuniary interest that you disclosed
in your most recent ordinary return (for example, you have divested yourself
of real property), you may (but are not required to) attach a separate
document identifying those pecuniary interests that you have ceased to hold.
List in Part 1 in Division B of the return any interests
in real property you held during the supplementary ordinary return period,
which are additional to those that you have already disclosed in your most
recent return.
Note:
| Address of each parcel of real property | Nature of interest |
Principal place of residence
Suburb-Surry Hills | Joint tenant |
| 1 Pitt Street, Sydney NSW 2000 | Sole owner |
Part 2 Sources of income
List in Part 2 in Division B of the return all
sources from which you received income during the supplementary ordinary
return period. You must list all sources of income for that period, even if
you listed the same or a similar matter in your most recent return for the
previous return period.
2.1 Income from employment, offices, partnerships and
services List in the appropriate Tables in Part 2.1 in Division B of the
return income from employment, offices, partnerships and services. Note:
| Name of occupation | Description of kinds of services provided | Name and address
of employer | Nature of business of the employer (where the services provided
relate to your position as a Member) |
| Solicitor | Employed solicitor providing legal services to clients, in the areas
of criminal and family law | ABC Lawyers, 1 Pitt Street, Sydney NSW 2000 | N/A |
Note:
| Name or title of the office and a description of kinds of services provided
| Name and address of corporation or body (if any) in which the office is held
| Nature of business carried on by the entity (where the services provided
relate to your position as a Member) |
| Local councillor | Hurstville City Council, MacMahon Street, Hurstville NSW 2220
| N/A |
Note:
| Name of occupation (if any) | Description of kinds of services provided | Name and
address of the partnership | Nature of business carried on by the partnership
(where the services provided relate to your position as a Member) |
| Solicitor | Partner of the law firm and to provide commercial legal services
specialising in litigation, property, intellectual property, competition and
corporate law | XYZ Lawyer, 3 Smith Street, Paddington NSW 2021 | N/A |
Note:
| Name of occupation (if relevant) and a description of services provided | Name
and address of parties to any contract, agreement or arrangement to provide
services | Nature of business carried on by the other party to the contract,
agreement or arrangement (where the services provided relate to your position
as a Member) |
| Public affairs consultant-Providing public affairs advice, including lobbying
MPs and government departments on the issue of regulation of electrical
appliances | XYZ Corporation, 1 Pitt Street, Sydney NSW 2000 | Manufacturer of
electrical appliances |
2.2 Income from a trust List in Part 2.2 in Division B of the return any
income from trusts. Note:
| Name and address of settlor | Name and address of trustee |
| XY Settlor, 2 George Street, Sydney NSW 2000 | AB Trustee, 10 George Street,
Sydney NSW 2000 |
2.3 Other income List in Part 2.3 in Division B of the return any other
income. Note:
| Disclosure of other income |
| Income from the operation of a farm at 1 Pitt Street, Orange NSW, 2800 of
which I am the sole proprietor. |
List in Part 3 in Division B of the return all gifts you
received during the supplementary ordinary return period. You must list all
gifts for that period, even if you listed the same or a similar matter in your
most recent return for the previous return period.
Note:
| Description of each gift I received at any time during the supplementary
ordinary return period | Name and address of donor |
| 4 tickets to the XYZ sporting event | XYZ Sports Union, 1 Pitt Street, Sydney
NSW 2000 |
Part 4 Contributions to travel
List in Part 4 in Division B of the return all
contributions to travel you received during the supplementary ordinary return
period. You must list all contributions to travel for that period, even if you
listed the same or a similar matter in your most recent return for the
previous return period.
Note:
| Name and address of each person who made any financial or other contribution
to travel undertaken at any time during the supplementary ordinary return
period | Dates on which travel was taken | Names of States, Territories of the
Commonwealth and overseas countries in which travel undertaken |
| Brisbane City Council, 1 Smith Street, Brisbane QLD 4000 | 31 August to 4
September | Brisbane, Queensland |
Part 5 Interests and positions in corporations
List in Part 5 in Division B
of the return all positions or interests in corporations you held during the
supplementary ordinary return period that are additional to those positions or
interests that you have already disclosed in your most recent return. If you
received income in respect of any position held in a corporation, that
information should be disclosed in Part 2 in Division B of the return.
Note:
| Name and address of corporation | Nature of interest (if any) or description of
position held | Description of principal objects of corporation (where
corporation is not a listed public company) |
| CD Corporation Limited, 1 Martin Place, Sydney NSW 2000 | Shareholder | N/A |
| MD Corporation Pty Limited, 33 Kingsgrove Road, Kingsgrove NSW 2208 | Majority
shareholder | To provide financial advice to its clients |
List in Part 6 in Division B of the return all positions in trade unions and
professional or business associations you held during the supplementary
ordinary return period that are additional to those positions or interests
that you have already disclosed in your most recent return.
Note:
| Name of trade union or association | Description of position |
| ABC Trade Union | Member Honorary Secretary |
List in Part 7 in Division B of the return the name and address
of persons to whom you were liable for a debt during the supplementary
ordinary return period that are additional to those which you have already
listed in your most recent return.
Note:
| Disclosure of debts |
| Personal loan made by Mr John Smith of 1 Pitt Street, Sydney NSW 2000. |
Part 8 Dispositions of property
List in Part 8 in Division B of the return
all dispositions of property (within the meaning of Part 3 of the Constitution
(Disclosures by Members) Regulation 1983 ) in which you have retained a
benefit during the supplementary ordinary return period. You must list all
such dispositions occurring during that period, even if you listed the same or
a similar matter in your most recent return for the previous return period.
Note:
| Disclosure of dispositions of property |
| Disposition of Lot 5, DP1234 on 30 May to XYZ Corporation, whereby a right is
conferred on Mr Smith MP to use the property. |
Part 9 Client services
List in Part 9 in Division B of the return all client
services you provided during the supplementary ordinary return period. You
must list all client services provided during that period, even if you listed
the same or a similar matter in your most recent return for the previous
return period.
Note:
| Names and addresses of persons who benefit or are likely to benefit from the
services provided at any time during the supplementary ordinary return period
| Description of the services reasonably sufficient to identify the nature of
the service provided | Nature of business of persons who directly benefited or
are likely directly to benefit |
| Smith Constructions Pty Ltd, 1 Orange Street, Paddington NSW 2021 | Advising on
public policy regarding public infrastructure and the development of
strategies on the conduct of relations with the Government, and lobbying
government departments in relation to projects managed by the company
| Construction company specialising in public infrastructure such as roads |
Part 10 Discretionary disclosures
List in Part 10 any other disclosures you
wish to make.
Supplementary ordinary return
SECTION 2-MEMBER’S SUPPLEMENTARY ORDINARY
RETURN
Supplementary ordinary return
Constitution (Disclosures by Members)
Regulation 1983
Supplementary ordinary return
Supplementary Ordinary Return-Legislative
*Council/*Assembly
*Division A
Disclosures of pecuniary interests and other matters by:
(full name of Member)
I certify that there are no new pecuniary interests that I need to disclose as
required by clause 6A of the Constitution (Disclosures by Members) Regulation
1983 in respect of the period fromto
(supplementary ordinary return period)
| |
| (Member’s signature) |
| |
| (Date) |
*Division B
Disclosures of pecuniary interests and other matters by:
(full name of Member)
I certify that the additional pecuniary interests set out in the Parts to this
Division are the interests that I am required to disclose by clause 6A of the
Constitution (Disclosures by Members) Regulation 1983
in respect of the period fromto
(supplementary ordinary return period)
| |
| (Member’s signature) |
| |
| (Date) |
Part 2 Sources of income
2.1 Income from employment, offices, partnerships
and services Table 2.1.1 Income received as an employee
| Name of occupation | Description of kinds of services provided | Name and address
of employer | Nature of business of the employer (where the services provided
relate to your position as a Member) |
| | | |
| | | |
| | | |
| | | |
Table 2.1.2 Income received as holder of office
| Name or title of the office and a description of kinds of services provided
| Name and address of corporation or body (if any) in which the office is held
| Nature of business carried on by the entity (where the services provided
relate to your position as a Member) |
| | |
| | |
| | |
| | |
Table 2.1.3 Income from partnership
| Name of occupation (if any) | Description of kinds of services provided | Name and
address of the partnership | Nature of business carried on by the partnership
(where the services provided relate to your position as a Member) |
| | | |
| | | |
| | | |
| | | |
| | | |
Table 2.1.4 Income from services provided under any other contract, agreement
or arrangement
| Name of occupation (if relevant) and a description of services provided | Name
and address of parties to any contract, agreement or arrangement to provide
services | Nature of business carried on by the other party to the contract,
agreement or arrangement (where the services provided relate to your position
as a Member) |
| | |
| | |
| | |
| | |
| | |
2.2 Income from a trust
| Description of each gift I received at any time during the supplementary
ordinary return period | Name and address of donor |
| |
Part 4 Contributions to travel
| Name and address of each person who made any financial or other contribution
to travel undertaken at any time during the supplementary ordinary return
period | Dates on which travel was taken | Names of States, Territories of the
Commonwealth and overseas countries in which travel undertaken |
| | |
| | |
| | |
| | |
| | |
Part 5 Interests and positions in corporations
| Name of trade union or association | Description of position |
| |
| |
| |
| |
Part 8 Dispositions of property
Part 9 Client services
| Names and addresses of persons who benefit from the services provided at any
time during the supplementary ordinary return period | Description of the
services reasonably sufficient to identify the nature of the service provided
| Nature of business of persons who directly benefited or are likely directly to
benefit |
| | |
| | |
| | |
| | |
| | |
Part 10 Discretionary disclosures
| Disclosures that are discretionary |
|
|
Form 4 - Discretionary return
(Clause 3 (1), definition of “discretionary
return”)
Discretionary return
Constitution (Disclosures by Members) Regulation 1983
Discretionary return
Discretionary Return-Legislative *Council/*Assembly
Note: 1 If a Member considers it appropriate to do so, a Member may make any
disclosures in a discretionary return concerning any or all of the matters
that a Member is required or permitted to disclose under the Constitution
(Disclosures by Members) Regulation 1983 in an ordinary return, before the
date on which the Member is next required to lodge an ordinary return or
supplementary ordinary return.
2 The particulars required to complete this
form are to be written in block letters or typed.
3 If any space is
insufficient in this form for all the particulars required to complete it,
attach an appendix for that purpose which is properly identified and signed by
the Member.
4 Matter marked with an asterisk (*) is to be omitted if it is
not appropriate for the Member concerned.
Disclosures of pecuniary interests
and other matters by:
(full name of Member)
| |
| (Member’s signature) |
| |
| (Date) |
| Discretionary disclosures |
|
|
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