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LOCAL GOVERNMENT ACT 1995 - SECT 5.74

LOCAL GOVERNMENT ACT 1995 - SECT 5.74

5.74 .         Terms used

        (1)         In this Subdivision, unless the contrary intention appears —

        address means —

            (a)         in relation to a person other than a corporation, the last residential or business address of the person known to the person disclosing the address in a return; or

            (b)         in relation to a corporation, the address of the registered office or principal place of business of the corporation in the State or, where there is no such office or place, the address of the principal office or place of business of the corporation in the place in which it is incorporated or taken to be registered; or

            (c)         in relation to any real property, the postal address of the property or the particulars of title of the property;

        annual return means a return required by section 5.76;

        corporation means any body corporate, whether formed or incorporated within or outside the State, and includes any company or foreign company (as those terms are defined in the Corporations Act 2001 of the Commonwealth) but does not include —

            (a)         a body corporate that is incorporated within Australia or an external Territory and is a public authority or an instrumentality or agency of the Crown; or

            (b)         a corporation sole; or

        [(c), (d)         deleted]

            (e)         an association, society, institution or body incorporated, or taken to be incorporated, under the Associations Incorporation Act 2015 ;

        designated employee means —

            (a)         a CEO; and

            (b)         an employee, other than the CEO, to whom any power or duty has been delegated under Division 4; and

            (c)         an employee who is a member of a committee comprising council members and employees; and

            (d)         an employee nominated by the local government to be a designated employee;

        primary return means a return required by section 5.75;

        relative , in relation to a relevant person, means any of the following —

            (a)         a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant of the relevant person or of the relevant person’s spouse or de facto partner;

            (b)         the relevant person’s spouse or de facto partner or the spouse or de facto partner of any relative specified in paragraph (a),

        whether or not the relationship is traced through, or to, a person whose parents were not actually married to each other at the time of the person’s birth or subsequently, and whether the relationship is a natural relationship or a relationship established by a written law;

        relevant person means a person who is a council member or a designated employee;

        return means a primary or an annual return;

        return period , in relation to an annual return required to be lodged by a relevant person in a particular year, means —

            (a)         if the last return lodged by the relevant person was a primary return, the period commencing on the day after the start day for the primary return and ending on 30 June in that year; or

            (b)         if the last return lodged by the relevant person was an annual return, the period of 12 months ending on 30 June in that year;

        start day means —

            (a)         in the case of a council member, the day on which he or she made the declaration referred to in section 2.29; or

            (b)         in the case of a designated employee, the day on which the person became a designated employee.

        (2)         A reference in this Subdivision to a disclosure concerning any income, corporation or any other thing (not being real property), includes a reference to a disclosure concerning any income derived, corporation incorporated (or taken to be registered), or other thing arising or received, outside this State.

        (3)         For the purposes of this Subdivision, loans made, or goods or services supplied, to a relevant person by 2 or more related bodies corporate (as defined in the Corporations Act 2001 of the Commonwealth) are taken to have been made or supplied by a single corporation.

        [Section 5.74 amended: No. 1 of 1998 s. 17; No. 26 of 1999 s. 92(2); No. 10 of 2001 s. 122; No. 28 of 2003 s. 113; No. 24 of 2009 s. 516; No. 30 of 2015 s. 223; No. 16 of 2019 s. 36 .]