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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Development (Political Donations) Amendment
Bill 2008
A BILL FOR
An Act to amend the Development Act 1993.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Development
Act 1993
3 Amendment of section 38—Public notice and
consultation
4 Amendment of section 39—Application and provision of
information
5 Amendment of section 46—Declaration by
Minister
6 Amendment of section 48—Governor to give decision on
development
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Development (Political Donations) Amendment
Act 2008.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Development
Act 1993
3—Amendment of
section 38—Public notice and consultation
Section 38—after subsection (5) insert:
(5a) A notice under subsection (4) or (5) must set out the information
contained in the statutory declaration provided under section
39(1)(ab).
4—Amendment of
section 39—Application and provision of information
(1) Section 39(1)—after paragraph (a) insert:
(ab) in the case of a prescribed development—be accompanied by a
statutory declaration setting out any political donations made by the proponent,
or an associate of the proponent, within the 2 years preceding the date on which
the application is lodged; and
(2) Section 39—after subsection (3) insert:
(3a) A relevant authority must, if an application is not accompanied by
the statutory declaration required under subsection (1)(ab), determine not to
finalise the matter until such a declaration is provided to the relevant
authority.
(3) Section 39—after subsection (9) insert:
(10) For the purposes of subsection (1)(ab), a development is a
prescribed development if 1 or more of the following provisions
apply to the development:
(a) the development costs (determined in accordance with the principles
set out in the regulations) of the proposed development are $4 million or
greater;
(b) the development includes the creation, by sub-division, of 10 or more
allotments;
(c) the development is of a kind declared by the regulations as being
within the ambit of this subsection.
(11) In this section—
disposition of property means any conveyance, transfer,
assignment, settlement, delivery, payment or other alienation of property, and
includes—
(a) the allotment of shares in a company; and
(b) the creation of a trust in property; and
(c) the grant or creation of any lease, mortgage, charge, easement,
licence, power, partnership or interest in property; and
(d) the release, discharge, surrender, forfeiture or abandonment, at law
or in equity, of any debt, contract or chose in action, or of any interest in
property; and
(e) the exercise by a person of a general power of appointment of property
in favour of any other person; and
(f) any transaction entered into by any person with intent thereby to
diminish, directly or indirectly, the value of the person's own property and to
increase the value of the property of any other person;
election means—
(a) an election of members of the Legislative Council or an election of a
member of the House of Assembly; or
(b) an election under the Local Government (Elections)
Act 1999 or the Local Government Act 1999;
gift means any disposition of property made by a person to
another person, otherwise than by will, being a disposition made without
consideration in money or money's worth or with inadequate consideration, and
includes the provision of a service (other than volunteer labour) for no
consideration or for inadequate consideration, but does not include an annual
subscription paid to a registered political party by a person in respect of the
person's membership of the party;
political donation means a gift made to—
(a) a registered political party; or
(b) a person who is or was a candidate at an election; or
(c) any other person or body prescribed by the regulations,
with a value of not less than $1 000 (whether or not such donation was
required to be disclosed to the Australian Electoral Commission or any other
body under any Act or law);
proponent, in relation to an application, includes any person
who has the benefit of the proposed development that is the subject of the
application;
registered political party has the same meaning as in the
Electoral Act 1985.
(12) For the purposes of the definition of political
donation—
(a) the amount or value of a gift consisting of or including a disposition
of property other than money will, if the regulations so provide, be determined
in accordance with principles set out or referred to in the
regulations;
(b) multiple gifts of less than $1 000 value each made to the same party
or person will be taken to be a single gift of an amount equal to the total of
all such gifts made on the date of the last such gift;
(c) multiple gifts of less than $1 000 value each made to different
members of a registered political party will be taken to be a single gift of an
amount equal to the total of all such gifts made to the party on the date of the
last such gift.
5—Amendment of
section 46—Declaration by Minister
(1) Section 46(6)(d)—after subparagraph (vi) insert:
(via) a statutory declaration setting out any political donations made by
the proponent, or an associate of the proponent, within the 2 years preceding
the date on which the application or project proposal is lodged;
(2) Section 46—after subsection (6) insert:
(6a) However, a proponent may only be excused from complying with
subsection (6)(d)(via) if the proponent has provided the information required
under that subparagraph under another provision of this Act.
(3) Section 46(13)(b)—delete paragraph (b) and substitute:
(b) by public advertisement—
(i) give notice of—
(A) the Development Assessment Commission's determination under this
section; and
(B) the place or places at which copies of the guidelines formulated by
the Development Assessment Commission are available for inspection and purchase;
and
(ii) publish the information contained in the statutory declaration
referred to in subsection (6)(d)(via).
(4) Section 46—after subsection (16) insert:
(17) In this section—
disposition of property means any conveyance, transfer,
assignment, settlement, delivery, payment or other alienation of property, and
includes—
(a) the allotment of shares in a company; and
(b) the creation of a trust in property; and
(c) the grant or creation of any lease, mortgage, charge, easement,
licence, power, partnership or interest in property; and
(d) the release, discharge, surrender, forfeiture or abandonment, at law
or in equity, of any debt, contract or chose in action, or of any interest in
property; and
(e) the exercise by a person of a general power of appointment of property
in favour of any other person; and
(f) any transaction entered into by any person with intent thereby to
diminish, directly or indirectly, the value of the person's own property and to
increase the value of the property of any other person;
election means—
(a) an election of members of the Legislative Council or an election of a
member of the House of Assembly; or
(b) an election under the Local Government (Elections)
Act 1999 or the Local Government Act 1999;
gift means any disposition of property made by a person to
another person, otherwise than by will, being a disposition made without
consideration in money or money's worth or with inadequate consideration, and
includes the provision of a service (other than volunteer labour) for no
consideration or for inadequate consideration, but does not include an annual
subscription paid to a registered political party by a person in respect of the
person's membership of the party;
political donation means a gift made to—
(a) a registered political party; or
(b) to a person who is or was a candidate at an election; or
(c) to any other person or body prescribed by the regulations,
with a value of not less than $1 000 (whether or not such donation was
required to be disclosed to the Australian Electoral Commission or any other
body under any Act or law);
proponent, in relation to an application, includes any person
who has the benefit of the proposed development that is the subject of the
application;
registered political party has the same meaning as in the
Electoral Act 1985.
(18) For the purposes of the definition of political
donation—
(a) the amount or value of a gift consisting of or including a disposition
of property other than money will, if the regulations so provide, be determined
in accordance with principles set out or referred to in the
regulations;
(b) multiple gifts of less than $1 000 value each made to the same party
or person will be taken to be a single gift of an amount equal to the total of
all such gifts made on the date of the last such gift;
(c) multiple gifts of less than $1 000 value each made to different
members of a registered political party will be taken to be a single gift of an
amount equal to the total of all such gifts made to the party on the date of the
last such gift.
6—Amendment of
section 48—Governor to give decision on development
Section 48(3)—delete subsection (3) and substitute:
(3) However, the Governor must not grant a development authorisation under
this section unless—
(a) in the case of a development within the ambit of a declaration of the
Minister under section 46—the statutory declaration referred to in
subsection (6)(d)(via) has been lodged with or otherwise provided to the
Minister; and
(b) in any case—
(i) an EIS, PER or DR, and an Assessment Report, have been prepared in
relation to the development in accordance with the requirements of this Division
(as appropriate); or
(ii) the Governor is satisfied that an appropriate EIS, PER or DR, and an
Assessment Report, that encompass the development have previously been
prepared.