LOCAL GOVERNMENT ACT 1995 - SECT 5.85

LOCAL GOVERNMENT ACT 1995 - SECT 5.85

5.85 .         Debts

        (1)         A relevant person is to disclose in a primary return and an annual return the name and address of each person to whom the relevant person was liable to pay any debt —

            (a)         in the case of a primary return, on the start day; or

            (b)         in the case of an annual return, at any time during the return period,

                whether or not the amount, or any part of the amount, to be paid was due and payable on the start day or at any time during the return period, as the case may be.

        (2)         Nothing in this Subdivision requires a relevant person to disclose in a return a liability to pay a debt if —

            (a)         the amount to be paid did not exceed the prescribed amount on the start day or at any time during the return period, as the case may be, unless —

                  (i)         the debt was one of 2 or more debts which the person was liable to pay to one person on the start day or at any time during the return period, as the case may be; and

                  (ii)         the sum of the amounts to be paid exceeded the prescribed amount;

                or

            (b)         the person was liable to pay the debt to a relative; or

            (c)         in the case of a debt arising from a loan of money, the person was liable to pay the debt to an ADI (authorised deposit-taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth or other person whose ordinary business includes the lending of money and the loan was made in the ordinary course of business of the lender; or

            (d)         in the case of a debt arising from the supply of goods or services —

                  (i)         the goods or services were supplied in the period of 18 months immediately preceding the start day or were supplied during the return period, as the case may be; or

                  (ii)         the goods or services were supplied in the ordinary course of an occupation of the person which is not related to his or her duties as a council member or employee.

        (3)         In subsections (1) and (2) —

        debt means a debt arising from —

            (a)         a loan of money; or

            (b)         the supply of goods or services.

        [Section 5.85 amended: No. 26 of 1999 s. 92(3).]