South Australian Consolidated Acts South Australian Consolidated Acts (1) For the purposes
of this Act, a primary return shall be in the prescribed form and contain the
following information:
(a) a
statement of any income source that the Member required to submit the return
or a person related to the Member has or expects to have in the period of
twelve months after the date of the primary return; and
(b) the
name of any company or other body, corporate or unincorporate, in which the
Member or a member of his family holds any office whether as director or
otherwise; and
(c) the
information required by subsection (3).
(2) For the purposes
of this Act, an ordinary return shall be in the prescribed form and shall
contain the following information:
(a)
where the Member required to submit the return or a person related to the
Member received, or was entitled to receive, a financial benefit during any
part of the return period—the income source of the financial benefit;
and
(b)
where the Member or a member of his family held an office whether as director
or otherwise in any company or other body, corporate or unincorporate, during
the return period—the name of the company or other body; and
(c) the
source of any contribution made in cash or in kind of or above the amount or
value of $750 (other than any contribution by the State or any public
statutory corporation constituted under the law of the State, by an employer
or by a person related by blood or marriage) for or towards the cost of any
travel beyond the limits of South Australia undertaken by the Member or a
member of his family during the return period, and for the purposes of this
paragraph
"cost of travel" includes accommodation costs and other costs and expenses
associated with the travel; and
(d)
particulars (including the name of the donor) of any gift of or above the
amount or value of $750 received by the Member or a person related to the
Member during the return period from a person other than a person related by
blood or marriage to the Member or to a member of the Member's family; and
(e)
where the Member or a person related to the Member has been a party to a
transaction under which the Member or person related to the Member has had the
use of property of the other person during the return period and—
(i)
the use of the property was not acquired for adequate
consideration or through an ordinary commercial transaction or in the ordinary
course of business; and
(ii)
the market price for acquiring a right to such use of the
property would be $750 or more; and
(iii)
the person granting the use of the property was not
related by blood or marriage to the Member or to a member of the Member's
family—
the name and address of that person; and
(ea)
particulars of any contract made during the return period between the Member
or a person related to the Member and the Crown in right of the State where
any monetary consideration payable by a party to the contract equals or
exceeds $7 500; and
(f) the
information required by subsection (3).
(3) For the purposes
of this Act, a return (whether primary or ordinary) shall contain the
following information:
(a) the
name or description of any company, partnership, association or other body in
which the Member required to submit the return or a person related to the
Member is an investor; and
(b) the
name of any political party, any body or association formed for political
purposes or any trade or professional organisation of which the Member is a
member; and
(c) a
concise description of any trust (other than a testamentary trust) of which
the Member or a person related to the Member is a beneficiary or trustee
(including the name and address of each trustee); and
(d) the
address or description of any land in which the Member or a person related to
the Member has any beneficial interest other than by way of security for any
debt; and
(e) any
fund in which the Member or a person related to the Member has an actual or
prospective interest to which contributions are made by a person other than
the Member or a person related to the Member; and
(f)
where the Member or a person related to the Member is indebted to another
person (not being related by blood or marriage to the Member or to a member of
the Member's family) in an amount of or exceeding $7 500—the name
and address of that other person; and
(fa)
where the Member or a person related to the Member is owed money by a natural
person (not being related to the Member or a member of the Member's family by
blood or marriage) in an amount of or exceeding $10 000—the name
and address of that person; and
(g) any
other substantial interest whether of a pecuniary nature or not of the Member
or of a person related to the Member of which the Member is aware and which he
considers might appear to raise a material conflict between his private
interest and the public duty that he has or may subsequently have as a Member.
(3a) A Member is
required by this section only to disclose information that is known to the
Member or ascertainable by the Member by the exercise of reasonable diligence.
(4) Nothing in this
section requires a Member to disclose information relating to a person as
trustee of a trust unless the information relates to the person in the
person's capacity as trustee of a trust by reason of which the person is
related to the Member.
(4a) It will be
sufficient compliance with paragraph (ea) of subsection (2) if a
Member's return contains particulars of a class of contracts referred to in
that paragraph (rather than particulars of the individual contracts comprised
in the class) provided that each contract of the class is an ordinary
commercial or arm's length contract.
(5) A Member may at
any time notify the Registrar of any change or variation in the information
appearing on the Register in respect of himself or a member of his family.
(6) A Member may
include in a return such additional information as he thinks fit.
(7) Nothing in this
section shall be taken to prevent a Member from disclosing the information
required by this section in such a way that no distinction is made between
information relating to himself personally and information relating to a
person related to the Member.
(8) Nothing in this
section shall be taken to require disclosure of the actual amount or extent of
any financial benefit, gift, contribution or interest.