South Australian Numbered Regulations South Australian Numbered RegulationsSchedule 1—Form of primary return
Primary return under the Members of Parliament (Register of Interests) Act 1983 for [ insert full name of Member ]
Instructions—
This return must be submitted to the Registrar within 30 days after taking and subscribing the oath or affirmation as a Member.
A Member must disclose all information known to the Member or ascertainable by the Member by the exercise of reasonable diligence.
A Member may disclose the information in a way that no distinction is made between information relating to the Member personally and information relating to a person related to the Member.
A Member is not required to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person's capacity as trustee of a trust by reason of which the person is related to the Member.
A Member is not required to disclose the actual amount or extent of any contribution or interest.
A Member may include in a return such additional information as the Member thinks fit.
A Member may at any time notify the Registrar of any change or variation in the information appearing on the Register in respect of the Member or a member of their family.
Defined terms—
A person is related to a Member if the person is—
• a member of the Member's family; or
• a family company of the Member; or
• a trustee of a family trust of the Member.
A person is a member of the Member's family if the person is—
• the Member's spouse or domestic partner; or
• a child of the Member who is under 18 and normally resides with the Member.
A person is, on a certain date, the domestic partner of another person if they are, on that date, living with that person in a close personal relationship and—
(a) they—
(i) have so lived with that other person continuously for the period of 3 years immediately preceding that date; or
(ii) have during the period of 4 years immediately preceding that date so lived with that other person for periods aggregating not less than 3 years; or
(b) a child, of whom they and the other person are the parents, has been born (whether or not the child is still living at that date).
A close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a) the relationship between a legally married couple; or
(b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind.
A family company of the Member is a proprietary company—
• in which the Member or a member of their family is a shareholder; and
• in respect of which the Member or a member of their family, or any such persons together, are in a position to cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of that company.
A family trust of the Member is a non-testamentary trust—
• of which the Member or a member of their family is a beneficiary; and
• which is established or administered wholly or substantially in the interests of the Member or a member of their family, or any such persons together.
A person who is an object of a discretionary trust is to be taken to be a beneficiary of that trust.
1—Income sources (existing and expected in the next 12 months) (section 4(1)(a) of Act)
Include a statement of each income source that the Member or a person related to the Member has or expects to have in the period of 12 months after the date of this return.
Income source, in relation to a person, means —
(a) any person or body of persons with whom the person entered into a contract of service or held any paid office; and
(b) any trade, vocation, business or profession engaged in by the person.
2—Directorships etc (section 4(1)(b) of Act)
Include the name of each company or other body, corporate or unincorporate, in which the Member or a member of their family holds any office whether as director or otherwise.
3—Investments (section 4(3)(a) of Act)
Include the name or description of each company, partnership, association or other body in which the Member or a person related to the Member is an investor.
A person is an investor in a body if —
(a) the person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or
(b) the person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of life insurance issued by the body .
4—Political, trade and professional bodies (section 4(3)(b) of Act)
Include the name of each political party, each body or association formed for political purposes, and each trade or professional organisation, of which the Member is a member.
A trade or professional organisation means a body, corporate or unincorporate, of —
(a) employers or employees; or
(b) persons engaged in a profession, trade or other occupation,
being a body of which the object, or 1 of the objects, is the furtherance of its own professional, industrial or economic interests or those of any of its members.
5—Trusts (section 4(3)(c) of Act)
Include a concise description of each non-testamentary trust (including the name and address of each trustee) of which the Member or a person related to the Member is a beneficiary or trustee.
A person who is an object of a discretionary trust is to be taken to be a beneficiary of that trust.
6—Beneficial interests in land (section 4(3)(d) of Act)
Include the address or description of all land in which the Member or a person related to the Member has a beneficial interest other than by way of security for a debt.
Beneficial interest in property includes a right to reacquire the property.
Interests in land by way of security for a debt must be disclosed at clause 9.
7—Contributions made to funds for Member's benefit (section 4(3)(e) of Act)
Include details of each fund in which the Member or a person related to the Member has an actual or prospective interest to which contributions are made by someone other than the Member or a person related to the Member.
8—Creditors (section 4(3)(f) of Act)
Include the name and address of each person or body to whom the Member or a person related to the Member owes an amount of $7 500 or more.
It is not necessary to disclose creditors who are related by blood or marriage to the Member or a member of their family.
9—Debtors (section 4(3)(fa) of Act)
Include the name and address of each natural person who owes an amount of $10 000 or more to the Member or a person related to the Member.
It is not necessary to disclose debtors who are related by blood or marriage to the Member or a member of their family.
10—Other substantial interests (section 4(3)(g) of Act)
Include details of all other substantial interests (whether of a pecuniary nature or not) of the Member or a person related to the Member of which the Member is aware and which the Member considers might appear to raise a material conflict between the Member's private interest and the public duty that the Member has or may subsequently have as a Member.
Signature of Member:
Signature of witness:
Date: