Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 5.62

5.62 .         Closely associated persons

        (1)         For the purposes of this Subdivision a person is to be treated as being closely associated with a relevant person if —

            (a)         the person is in partnership with the relevant person; or

            (b)         the person is an employer of the relevant person; or

            (c)         the person is a beneficiary under a trust, or an object of a discretionary trust, of which the relevant person is a trustee; or

            (ca)         the person belongs to a class of persons that is prescribed; or

            (d)         the person is a body corporate —

                  (i)         of which the relevant person is a director, secretary or executive officer; or

                  (ii)         in which the relevant person holds shares having a total value exceeding —

                        (I)         the prescribed amount; or

        (II)         the prescribed percentage of the total value of the issued share capital of the company,

                whichever is less;

                or

            (e)         the person is the spouse, de facto partner or child of the relevant person and is living with the relevant person; or

            (ea)         the relevant person is a council member and the person —

                  (i)         gave an electoral gift to the relevant person in relation to the election at which the relevant person was last elected; or

                  (ii)         has given an electoral gift to the relevant person since the relevant person was last elected;

                or

            (eb)         the relevant person is a council member and the person has given a gift to which this paragraph applies to the relevant person since the relevant person was last elected; or

            (ec)         the relevant person is a CEO and the person has given a gift to which this paragraph applies to the relevant person since the relevant person was last employed (or appointed to act) in the position of CEO; or

            (f)         the person has a relationship specified in any of paragraphs (a) to (d) in respect of the relevant person’s spouse or de facto partner if the spouse or de facto partner is living with the relevant person.

        (1A)         Subsection (1)(eb) and (ec) apply to a gift if —

            (a)         either —

                  (i)         the amount of the gift exceeds the amount prescribed for the purposes of this subsection; or

                  (ii)         the gift is 1 of 2 or more gifts made by 1 person to the relevant person at any time during a year and the sum of the amounts of those 2 or more gifts exceeds the amount prescribed for the purposes of this subsection;

                and

            (b)         the gift is not an excluded gift under subsection (1B).

        (1B)         A gift is an excluded gift —

            (a)         if —

                  (i)         the gift is a ticket to, or otherwise relates to the relevant person’s attendance at, an event as defined in section 5.90A(1); and

                  (ii)         the local government approves, in accordance with the local government’s policy under section 5.90A, the relevant person’s attendance at the event;

                or

            (b)         if the gift is in a class of gifts prescribed for the purposes of this subsection.

        (2)         In subsection (1) —

        electoral gift means a gift about which the relevant person was or is required by regulations under section 4.59(a) to provide information in relation to an election;

        value , in relation to shares, means the value of the shares calculated in the prescribed manner or using the prescribed method.

        [Section 5.62 amended: No. 64 of 1998 s. 31; No. 28 of 2003 s. 110; No. 49 of 2004 s. 51; No. 17 of 2009 s. 26; No. 16 of 2019 s. 29.]