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Local Government Amendment
(Disclosure) Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill, which is to amend the Local
Government Act 1989 to strengthen the disclosure of gifts
provisions and to require a candidate for a Council election to
disclose in his or her nomination form whether they have been a
member of a registered political party.
Clause 2 provides for the Act to come into operation on the day after the
day on which it receives the Royal Assent.
Clause 3 amends section 62 of the Local Government Act 1989 to set out
the time in which election campaign gift disclosures must be
made.
New subsection (2A) imposes a new timeframe for gift
disclosures. Paragraph (a) requires that a disclosure must be
made within 3 days after nomination day, and must include any
election campaign-related gift that was promised or received
during the period beginning 30 days after the last election day
and ending on nomination day. Paragraph (b) requires that a
disclosure be made within 3 days of a campaign-related gift
being promised or received during the period between the
nomination day and 30 days after the election.
New subsection (2B) provides that a disclosure may be made
outside the relevant period (as outlined in subsection (2A)) only
if the Chief Executive Officer is satisfied that circumstances
beyond the candidate's control prevented the candidate from
complying with the requirements.
Clause 4 amends section 62A(3) of the Local Government Act 1989 to
ensure that the Chief Executive Officer publishes a copy of an
election campaign donation return retained under subsection (2)
on an Internet website maintained by the Council.
561PM11 1 BILL LC INTRODUCTION 29/7/2008
Clause 5 amends section 78(2) of the Local Government Act 1989 to
strengthen conflict of interest provisions. It adds a new
paragraph (da) to specify that a councillor or member of a special
committee has an indirect pecuniary interest in a contract,
proposed contract or other matter before council if he or she has
been promised or has received a campaign-related gift (as defined
in section 62(1)) from a person, company or other body with
which the contract is made or is proposed to be made or that has
a direct or indirect pecuniary interest in the matter under
consideration. According to existing section 77B, a Councillor or
member of a special committee therefore has a conflict of interest
if he or she has received a campaign-related gift from a person,
company or other body with a matter before council. As a result
he or she must comply with the provisions in section 79 of the
Local Government Act 1989, and must disclose the nature of
the conflict of interest, refrain from moving or seconding motions
on any questions relating to the contract, proposed contract or
other matter, and leave the room when any vote is taken on a
question relating to the contract, proposed contract or other
matter.
Clause 6 amends section 81 of the Local Government Act 1989 to revoke
the requirement to make a written application to the Chief
Executive Officer in order to view the register of the interests of
Councillors (as outlined in section 81(9)), and make available the
register of interests of Councillors on an Internet website
maintained by the Council.
Subclause (1) repeals sections 81(10) and 81(12) of the Local
Government Act 1989 so that it is no longer a requirement to
make a written application to the Chief Executive Officer prior
to viewing the register of the interests of Councillors.
Subclause (2) amends section 81(11) of the Local Government
Act 1989 to ensure that the Chief Executive Officer publishes a
copy of the register of the interests of the Councillors on an
Internet website maintained by the Council.
Clause 7 amends clause 5(1) of Schedule 2 of the Local Government Act
1989. New clause 5(1)(ca)(i) requires a candidate in a local
government election to declare his or her membership of a
political party, registered under the Electoral Act 2002, during
the period since the relevant Council's last election. New clause
5(1)(ca)(ii) requires the candidate to declare the name of any
registered political party that he or she has been a member of
since the relevant Council's last election.
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Clause 8 provides for the automatic repeal of this amending Act on the
first anniversary of its commencement. The repeal of this Act
does not affect in any way the operation of the amendments made
by this Act (see section 15(1) of the Interpretation of
Legislation Act 1984).
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