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This is a Bill, not an Act. For current law, see the Acts databases.
LEGISLATIVE ASSEMBLY (DISCLOSURE OF INTERESTS) BILL 2008
Serial
11
Legislative Assembly (Disclosure of
Interests) Bill 2008
Mr
Henderson
A Bill for an Act to provide for the
disclosure of interests by Members of the Legislative Assembly and for related
purposes
NORTHERN TERRITORY OF
AUSTRALIA
Legislative Assembly (Disclosure of
Interests) ACT 2008
____________________
Act No. [ ] of
2008
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2008
____________________
An Act to provide for the disclosure
of interests by Members of the Legislative Assembly and for related
purposes
[Assented to [ ]
2008]
[Second reading [ ]
2008]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Legislative Assembly
(Disclosure of Interests) Act 2008.
This Act commences on the date fixed by the
Administrator by Gazette notice.
In this Act:
Assembly means the Legislative
Assembly.
Clerk means the Clerk of the
Legislative Assembly.
Committee of Members' Interest means a
parliamentary committee (whether or not established under that name) assigned by
resolution of the Assembly to act as the Committee of Members' Interests for
this Act.
member means a member of the
Legislative Assembly.
registrable interest means an interest
or benefit designated as a registrable interest in the
Schedule.
related person, of a member, means a
person who is:
(a) a spouse or de facto partner of the member;
or
(b) a child of the member who is wholly or mainly
dependent on the member for support.
Note
This Act is closely modelled on resolutions of
the House of Representatives for disclosure and registration of interests.
However, a significant difference between this Act and the Commonwealth
resolutions is that, in this Act, a de facto partner (including a same sex
partner) is treated in the same way as a spouse.
required information, for a
registrable interest, means the information designated in the Schedule as
required information for the registrable interest.
Registration of members'
interests
(1) Within 28 days after making and subscribing an
oath or affirmation as a member, the member must give the Clerk a statement
specifying:
(a) the member's registrable interests;
and
(b) the registrable interests, of which the member
is aware, of each related person of the member.
(2) The statement must include interests held at
the date of the member's election (or re-election) and alterations of interests
that occurred between that date and the date of completing the
statement.
(3) A member must give notice to the Clerk of any
alteration to the member's registrable interests, or those of a related person
of the member, within 28 days after the member becomes aware of the
alteration.
(4) A statement of registrable interests, or a
notice about an alteration to registrable interests, must:
(a) be in a form determined by the Committee of
Members' Interests; and
(b) specify the required information for each
registrable interest.
(1) The Clerk must keep a register of interests
disclosed under this Act.
(2) The register is to be kept as directed by the
Committee of Members' Interests.
(3) The register is to be available for inspection
under reasonable conditions to be laid down by the Committee of Members'
Interests from time to time.
(4) In determining conditions for inspection, the
Committee of Members' Interests must give effect to the principle that the
information recorded in the register should be generally available to the public
unless there is good reason to restrict its availability.
Contempt of Legislative
Assembly
(1) A member commits a contempt of the Legislative
Assembly if the member:
(a) knowingly fails to give to the Clerk a statement
of registrable interests as and when required by this Act; or
(b) knowingly fails to give notice to the Clerk
about any alteration to registrable interests as and when required by this Act;
or
(c) knowingly gives false or misleading information
to the Clerk in relation to registrable interests.
(2) The contempt is to be dealt with under the
Legislative Assembly (Powers and Privileges) Act.
Transitional provision for commencement of
this Act
(1) For each member, the Clerk must transfer to the
register information given, under the Legislative Assembly (Register of
Members' Interests) Act, after 30 June 2008 by the member.
(2) Within 1 month after the commencement, the
Clerk must give to each member written notice about the information transferred
to the register.
(3) Within 2 months after the commencement, each
member must give to the Clerk:
(a) a statement of registrable interests or a notice
about an alteration to registrable interests, that complies with
section 4(4), relating to the member's registrable interests and the
registrable interests of which the member is aware for each related person of
the member; or
(b) a written notice stating no alteration is
required to the member's registrable interests or the registrable interests of
which the member is aware for each related person of the
member.
Note
After this process is completed, section 4(3)
will apply to an alteration relating to the register.
(4) In this section:
commencement means commencement of
this section.
register means the register mentioned
in section 5.
The following Acts are repealed:
(a) Legislative Assembly (Register of Members'
Interests) Act 1982 (Act No. 49 of 1982);
(b) Legislative Assembly (Register of Members'
Interests) Amendment Act 1987 (Act No. 10 of 1987).
section 3, definitions registrable
interests
and required
information
|
Registrable interest
|
Required information
|
|
Shareholding in a public or private company
(including a holding company)
|
The name of the company
|
|
Interest as trustee or beneficiary in a family or
business trust (but not an interest as a trustee in a trust in which neither the
member, nor a related person to a member, is a beneficiary)
|
The name of the trust, the nature of its operation,
the nature of the interest
|
|
Interest as owner of real estate
|
The location (suburb or area only) and the purpose
for which it is owned
|
|
Registered company directorship
|
The name of the company
|
|
Interest in partnership
|
The name of the partnership, the nature of the
interest, and the activities of the partnership
|
|
Liability
|
The nature of the liability and the creditor
concerned
|
|
Bonds, debentures or similar
investments
|
The nature of the investment
|
|
Saving or investment account
|
The nature of the account and the name of the bank
or other institution concerned
|
|
Another asset (excluding household and personal
effects) valued at over $7,500
|
The nature of each asset
|
|
Gifts received since the date of the member's
election and exceeding $750 in value if received from official sources or $300
in value if received from other sources (but a gift received by a member or a
related person from a family member or personal friend in a purely personal
capacity is not a registrable interest unless the member judges that an
appearance of conflict of interest may be seen to exist
|
The nature and date of the gift and the person from
whom it was received
|
|
Sponsored travel or hospitality received since the
date of the member's election and exceeding $300 in value
|
The nature and date of the travel or hospitality and
the name of the sponsor
|
|
Membership of an organisation where conflict of
interest with a member's public duties could foreseeably arise or be seen to
arise
|
The name of the organisation
|
|
Any other interest where a conflict of interest with
a member's public duties could foreseeably arise or be seen to
arise
|
The nature of the interest
|
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