Parliamentary (Disclosure of Interests) Act 1996 (Tas)

Parliamentary (Disclosure of Interests) Act 1996

An Act to provide for the disclosure of interests of Members of the House of Assembly and the Legislative Council [Royal Assent 15 October 1996]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Parliamentary (Disclosure of Interests) Act 1996 .

2. Commencement This Act commences on the day after the day on which it receives the Royal Assent.

3. Interpretation In this Act – address means – (a) in relation to a natural person or a property, the suburb or locality in which the person resides or the property is located; and (b) in relation to a corporation, means the address of the registered office of the corporation or the address of the principal office of the corporation in the place in which it is incorporated; annual return means a return referred to in section 5 ; annual return period, in relation to an annual return lodged by a Member in any year, means – (a) if 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) if the last return lodged by the Member was a primary return, the period commencing on the first day after the primary return date in relation to the Member and ending on 30 June in that year; approved form means a form approved by the Premier; Clerk means – (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 House of Assembly, the Clerk of the House of Assembly; commencement day means the day on which this Act commences; debt means a debt arising from – (a) a loan of money; or (b) the supply of goods or services; disposition of property means any of the following: (a) any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of real property or money; (b) the creation of a trust in respect of real property or money; (c) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in respect of real property or money; (d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any interest in any real property or money; (e) the exercise of a general power of appointment over real property in favour of a person; (f) any transaction entered into by a person with the intent to – (i) diminish, directly or indirectly, the value of any real property of that person; and (ii) increase the value of any real property of another person who is not a relative; donor means a person who makes a gift; general election means – (a) in relation to a Member of the Legislative Council, a periodic election of Members of the Legislative Council; or (b) in relation to a Member of the House of Assembly, a general election of Members of the House of Assembly; gift means a disposition of real or personal property, or the conferral of a financial or other benefit, other than any financial or other contribution to travel, that is – (a) free of charge; or (b) for a substantially discounted value; House of Parliament means – (a) the Legislative Council; or (b) the House of Assembly; income means assessable income within the meaning of the Income Tax Assessment Act 1936 of the Commonwealth, whether or not derived in Tasmania; interest means – (a) in relation to any property, any estate, interest, right or power, at law or in equity, in or over the property, whether or not it is situated in Tasmania; or (b) in relation to any corporation, any relevant interest within the meaning of the Corporations Act in any securities issued or made available by the corporation, whether or not it is taken to be registered in Tasmania under the Corporations Act; Member means – (a) a Member of the Legislative Council; or (b) a Member of the House of Assembly; occupation includes trade, profession and vocation; political party means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the election to the Parliament of Tasmania of any candidate endorsed by it; primary return means a return referred to in section 4 ; primary return date means – (a) in relation to a person who is a Member on the commencement day, that day; or (b) in relation to a person who becomes a Member after that day, other than a re-elected Member, the day on which the person takes the oath of allegiance as required under an Act to be taken in relation to the office of Member; professional or business association means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the economic interests of its members in any occupation; public company means a company whose shares are listed for quotation on the stock market of a stock exchange in Tasmania; re-elected Member means a person who – (a) ceased to be a Member of a House of Parliament by reason of the termination, either by dissolution or expiry, of that House immediately preceding a general election; and (b) is re-elected as a Member of that House at that general election; register means – (a) in relation to the Legislative Council, the Register of Interests of Members of the Legislative Council referred to in section 15 ; or (b) in relation to the House of Assembly, the Register of Interests of Members of the House of Assembly referred to in section 16 ; relative means any of the following: (a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant, surrogate child or adopted child of a Member or of a Member's spouse; or (b) the spouse of a Member or of any other person specified in paragraph (a) ; return means – (a) a primary return; or (b) an annual return; securities has the meaning ascribed to that expression in the Corporations Act; spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with that person; surrogate child, in relation to another person, means a person – (a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the other person under that Act or law; travel includes accommodation incidental to a journey.