Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
(a) in
relation to a person other than a corporation, the last residential or
business address of the person known to the Member disclosing the address;
(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 4(1)(b);
(a) in
relation to a Member of the Legislative Council, the Clerk of the Legislative
Council; or
(b) in
relation to a Member of the Legislative Assembly, the Clerk of the Legislative
Assembly;
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;
(b) a
corporation sole;
[(c) deleted]
(d) a
society registered under the Co-operative
and Provident Societies Act 1903 ; or
(e) an
association, society, institution or body incorporated under the
Associations Incorporation Act 1987 ;
de facto partner has a meaning affected by
subsection (5);
Member means a Member of either House of
Parliament;
primary return means a return required by
section 4(1)(a);
(a) in
the case of a Member of the Legislative Council, a person who was re-elected
thereto at the general election immediately preceding the expiration of his
term of service; and
(b) in
the case of a Member of the Legislative Assembly, a person who was a member
thereof when it was terminated, either by dissolution or expiry, and was
re-elected thereto at the next succeeding general election;
register means a register compiled and maintained
under section 16;
relative , in relation to any Member, means any of
the following —
(a) a
parent, grandparent, brother, sister, uncle, aunt, nephew, niece, or lineal
descendant of the Member or of the Member’s spouse or de facto partner;
or
(b) the
spouse or de facto partner of the Member or of any relative specified in
paragraph (a),
and in deducing any relationship for the purposes
of this definition —
(c) an
adopted person shall be treated as the legitimate child of his adopters; and
(d) an
illegitimate person shall be treated as the legitimate child of his parents;
return means a primary return or an annual
return;
return period , in relation to an annual return
required to be lodged by a Member in a particular year,
means —
(a)
where the last return lodged by the Member was an annual return, the period of
12 months ending on 30 June in that year; or
(b)
where the last return lodged by the Member was a primary return, the period
commencing on the first day after the day on which the Member was sworn in and
ending on 30 June in that year.
(2) A reference in
this Act to the day on which a Member is sworn in is a reference to the day on
which he takes and subscribes the oath, or makes the affirmation, required
under section 22 of the Constitution Act 1889 .
(3) A reference in
this Act to a disclosure concerning any real property, income, corporation or
other thing, includes a reference to a disclosure concerning any real property
situated, income derived, corporation incorporated (or taken to be
registered), or other thing arising or received, outside this State.
(4) For the purposes
of this Act, gifts or contributions to travel given, loans made, or goods or
services supplied, to a Member by 2 or more related bodies corporate (as
defined in the Corporations Act 2001 of the Commonwealth) shall be
regarded as having been given, made or supplied by a single corporation.
(5) For the purposes
of sections 9(2)(b), 10(2)(b) and 13(3)(b), the reference in the
definition of relative to the de facto partner of the Member or of any
relative specified in paragraph (a) of that definition means a person who
was, at the relevant time, living as a de facto partner of the Member or
relative and has been so living during the whole of the 2 years
immediately preceding that time, and for the purposes of this subsection the
relevant time means the time when the Member received the gift or contribution
or, in the case of the liability to pay a debt, the time to which the return
relates or the time of the commencement of the period to which the return
relates, as the case may be.
[Section 3 amended by No. 26 of 1999
s. 93(2); No. 10 of 2001 s. 126; No. 3 of 2002 s. 88(1),
(2), (3)(a) and (b); No. 28 of 2003 s. 134.]