Victorian Consolidated Regulations

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LOCAL GOVERNMENT (GOVERNANCE AND INTEGRITY) REGULATIONS 2020 - REG 8

Lodging of an initial personal interests return

    (1)     For the purposes of section 133(1) and (2) of the Act, the following matters are prescribed—

        (a)     the details of any corporation of which the specified person is a director or a member of the governing body, including—

              (i)     the name of the corporation; and

              (ii)     the ABN or ACN of the corporation (if applicable); and

              (iii)     the registered address of the corporation; and

              (iv)     the office held by the specified person; and

              (v)     the date of appointment of the specified person to the office; and

              (vi)     a description of the purpose or activities of the corporation;

        (b)     the details of any unincorporated association in which the specified person is a member and performs a leadership role, including—

              (i)     the name of the association; and

              (ii)     the ABN of the association (if applicable); and

              (iii)     the address of the association (if applicable); and

              (iv)     the position held by the specified person; and

              (v)     the date of appointment of the specified person to the position; and

              (vi)     a description of the purpose or activities of the association;

        (c)     the details of any business partnership or joint venture of which the specified person is a member, including—

              (i)     a description of the purpose or activities of the partnership or joint venture; and

              (ii)     the ABN of the partnership or joint venture (if applicable);

        (d)     the details of any trust of which the specified person is a trustee or a beneficiary, including—

              (i)     the name of the trust; and

              (ii)     the ABN of the trust (if applicable); and

              (iii)     the types of assets held by the trust; and

              (iv)     the purpose of the trust;

        (e)     subject to subregulation (3), the details of any paid employment of the specified person (other than employment with the Council) during the preceding 6 months, if the income from the employment exceeded $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater), including—

              (i)     the name of the employer; and

              (ii)     the position held by the specified person; and

              (iii)     the nature of the business or activities of the employer;

        (f)     subject to subregulation (3), the details of any person or body for whom the specified person currently is, or has acted as, a consultant, contractor or agent and whose payments to the specified person exceeded $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater) during the preceding 6 months, including—

              (i)     the name of the person or body; and

              (ii)     the nature of the business or activities conducted by the specified person;

        (g)     the details of any land located within the municipal district of the Council or an adjoining municipal district of which the specified person is an owner or holds a beneficial interest (other than by way of security for any debt), including—

              (i)     the full address of the land as it appears on any rates notices issued by the Council; and

              (ii)     the purpose for which the land is held; and

              (iii)     the nature of the specified person's interest in the land;

        (h)     if the specified person is an owner or holds a beneficial interest in any shares and—

              (i)     the total value of the company does not exceed $10 million or the threshold amount specified by the Secretary under subregulation (2) (whichever is greater); and

              (ii)     the combined total value of the specified person's shares is more than $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater)—

the details of the specified person's shares, including—

              (iii)     the name of the company; and

              (iv)     a description of the purpose or activities of the company;

              (i)     the details of any company in which the specified person, solely or jointly with any family members, holds a controlling interest (within the meaning of section 72(2) of the Payroll Tax Act 2007 ), including—

              (i)     the name of the company; and

              (ii)     a description of the purpose or activities of the company; and

              (iii)     the name of any other company in which that company holds a controlling interest (within the meaning of section 72(2) of the Payroll Tax Act 2007 );

        (j)     the details of any personal debt exceeding $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater) owed by the specified person, including the name of the creditor;

        (k)     the details of any other interest which the specified person has decided to disclose on the basis that it may give rise to a general conflict of interest or a material conflict of interest within the meaning of section 127 or 128 of the Act;

        (l)     the details of the specified person submitting the return, including—

              (i)     the full name of the specified person; and

              (ii)     the name of the Council; and

              (iii)     the position held by the specified person at the Council;

        (m)     a signed statement that the information provided by the specified person is accurate and complete.

    (2)     For the purposes of subregulation (1)(e), (f), (h)(i), (h)(ii) or (j), the Secretary—

        (a)     may determine a threshold amount more than the relevant amount specified in each of those provisions; and

        (b)     must, as soon as practicable after making such a determination, publish in the Government Gazette a notice providing details of the relevant threshold amount for the purposes of each provision; and

        (c)     may revoke or vary a notice under this subregulation at any time.

    (3)     Subregulation (1)(e) and (f) do not apply to the extent that providing details of those matters would constitute a breach of a professional or legal obligation not to disclose the information.



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