South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"beneficial interest" in property includes a right to re-acquire the property;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"family", in relation to a Member, means—
(a) a
spouse or domestic partner of the Member; and
(b) a
child of the Member who is under the age of eighteen years and normally
resides with the Member;
"family company" of a Member means a proprietary company—
(a) in
which the Member or a member of the Member's family is a shareholder; and
(b) in
respect of which the Member or a member of the Member's family, or any such
persons together, are in a position to cast, or control the casting of, more
than one-half of the maximum number of votes that might be cast at a general
meeting of the company;
"family trust" of a Member means a trust (other than a testamentary
trust)—
(a) of
which the Member or a member of the Member's family is a beneficiary; and
(b)
which is established or administered wholly or substantially in the interests
of the Member or a member of the Member's family, or any such persons
together;
"financial benefit", in relation to a person, means—
(a) any
remuneration, fee or other pecuniary sum exceeding $1 000 received by the
person in respect of a contract of service entered into, or paid office held
by, the person; and
(b) the
total of all remuneration, fees or other pecuniary sums received by the person
in respect of a trade, profession, business or vocation engaged in by the
person where that total exceeds $1 000,
but does not include any such financial benefit received by the person as a
Member or officer of Parliament or a Minister of the Crown, or in respect of
membership of a committee to which the person was appointed by Parliament or
either House of Parliament;
"gift" means a transaction in which a benefit of pecuniary value is conferred
without consideration or for less than adequate consideration, but does not
include an ordinary commercial transaction or a transaction in the ordinary
course of business;
"income source", in relation to a person, means—
(a) any
person or body of persons with whom the person entered into a contract of
service or held any paid office; and
(b) any
trade, vocation, business or profession engaged in by the person;
"Member" means a person who is for the time being—
(a) a
Member of the House of Assembly; or
(b) a
Member of the Legislative Council;
"a person related to a Member" means—
(a) a
member of the Member's family;
(b) a
family company of the Member;
(c) a
trustee of a family trust of the Member;
"Register" means—
(a) the
Register of Members' Interests kept by the Registrar for the House of
Assembly; or
(b) the
Register of Members' Interests kept by the Registrar for the Legislative
Council;
"Registrar" means—
(a) in
relation to the House of Assembly—the Clerk of the House of Assembly; or
(b) in
relation to the Legislative Council—the Clerk of the Legislative
Council;
"return period", in relation to an ordinary return of a Member, means—
(a) in
the case of a Member whose last return was a primary return—the period
between the date of the primary return and the thirtieth day of June next
following; and
(b) in
the case of any other Member—the period of twelve months expiring on the
thirtieth day of June on or within sixty days after which the ordinary return
is required to be submitted;
"spouse"—a person is the spouse of another if they are legally married;
"trade or professional organisation" means a body, corporate or unincorporate,
of—
(a)
employers or employees; or
(b)
persons engaged in a profession, trade or other occupation,
being a body of which the object, or one of the objects, is the furtherance of
its own professional, industrial or economic interests or those of any of its
members.
(2) For the purposes
of this Act, a person who is an object of a discretionary trust is to be taken
to be a beneficiary of that trust.
(3) For the purposes
of this Act, a person is an investor in a body if—
(a) the
person has deposited money with, or lent money to, the body that has not been
repaid and the amount not repaid equals or exceeds $10 000; or
(b) the
person holds, or has a beneficial interest in, shares in, or debentures of,
the body or a policy of life insurance issued by the body.
(4) For the purposes
of this Act, in relation to a return by a Member—
(a) two
or more separate contributions made by the same person for or towards the
cost of travel undertaken by the Member or a member of the Member's family
during the return period are to be treated as one contribution for or towards
the cost of travel undertaken by the Member;
(b) two
or more separate gifts received by the Member or a person related to the
Member from the same person during the return period are to be treated as one
gift received by the Member;
(c) two
or more separate transactions to which the Member or a person related to the
Member is a party with the same person during the return period under which
the Member or a person related to the Member has had the use of property of
the other person (whether or not being the same property) during the
return period are to be treated as one transaction under which the Member has
had the use of property of the other person during the return period.