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LOCAL GOVERNMENT LEGISLATION (INTEGRITY) AMENDMENT REGULATION 2020 - REG 82

Replacement of sch 5, ss 12–14

82 Replacement of sch 5, ss 12–14

Schedule 5 , sections 12 to 14
omit, insert—

12 Gifts totalling $500 or more
(1) This section applies to the following gifts
(a) each gift of $500 or more given to a relevant person by another person (a
"donor" );
(b) all gifts given to a relevant person by another person (also a
"donor" ) during the reporting term for the relevant person that total $500 or more.
(2) The particulars required for each gift are—
(a) the donor’s name; and
(b) a description of the gift.
(3) However, subsection (1) does not apply to the following gifts
(a) a gift that is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6;
(b) a gift received by a relevant person in an official capacity if the relevant person gives it to the local government;
(c) a gift of hospitality, or attendance at a sporting or cultural event, received by any of the following persons who receive the hospitality or attend the event in an official capacity—
(i) a councillor, chief executive officer, councillor advisor or senior executive employee;
(ii) a spouse of a person mentioned in subparagraph (i);
(d) a gift given to a relevant person by the relevant person’s spouse, other family member or friend if the relevant person is satisfied the gift could not give rise to a conflict of interest in relation to the relevant person’s duties under the Act.
(4) In this section—

"gift" means—
(a) the transfer of money, other property or other benefit—
(i) without consideration; or
(ii) for a consideration substantially less than full consideration; or
(b) a loan of money or other property made on a permanent or indefinite basis, other than an overdraft facility.
13 Sponsored travel or accommodation benefit
(1) The particulars required for each sponsored travel or accommodation benefit received by a relevant person are—
(a) the source of the contribution for the travel or accommodation; and
(b) the nature and purpose of the benefit.
(2) In this section—

"employment-related or upgraded" , in relation to a person’s travel or accommodation, see section 150EH(2) of the Act.

"sponsored travel or accommodation benefit" , received by a relevant person, means—
(a) a sponsored travel or accommodation benefit within the meaning of section 150EH(2) of the Act received by the relevant person; or
(b) travel or accommodation undertaken or used by the relevant person, other than employment-related or upgraded travel or accommodation, if—
(i) the relevant person’s spouse, other family member or friend contributes, whether financially or non-financially, to the cost of the travel or accommodation; and
(ii) the contribution could give rise to a conflict of interest in relation to the relevant person’s duties under the Act.
14 Membership of political party or trade or professional organisation The particular required for each political party or trade or professional organisation of which a relevant person is a member is its name.
14A Executive officer of particular organisations The particular required for each organisation, other than a corporation mentioned in section 3 or a political party or trade or professional organisation mentioned in section 14, of which a relevant person is an executive office is its name.
14B Donations made totalling $500 or more
(1) This section applies to the following donations made by a relevant person
(a) each donation of $500 or more made to another person or organisation;
(b) all donations made to another person or organisation during the reporting term for the relevant person that total $500 or more.
(2) The particular required for each donation is the name of the person or organisation to whom the donation was made.
(3) However, subsection (1) does not apply to a donation made by a relevant person to the relevant person’s spouse, other family member or friend if the relevant person is satisfied the donation could not give rise to a conflict of interest in relation to the relevant person’s duties under the Act.



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