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 .]