Local Government (Administration) Regulations 1996
Reprinted as at 30 August 2002
What the reprint includes
Endnotes, Compilation table
1.Details about the original regulation
2.Transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
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Reprinted under the Reprints Act 1984 as at |
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Local Government (Administration) Regulations 1996
CONTENTS
2.Commencement1
3.Interpretation1
4.Resignation of committee members2
5.Question time for the public at certain meetings — s. 5.24(1)(b)2
6.Minimum question time for the public — s. 5.24(2)2
7.Procedures for question time for the public — s. 5.24(2)2
8.Procedure where no quorum at council or committee meetings — s. 5.25(c)4
9.Voting at council or committee meetings — s. 5.25(d)4
10.Revoking or changing decisions made at council or committee meetings — s. 5.25(e)4
11.Content of minutes of council or committee meetings — s. 5.25(f)5
12.Public notice of council or committee meetings — s. 5.25(g)6
13.Public inspection of unconfirmed minutes of council or committee meetings — s. 5.25(i)7
14.Public inspection of certain documents relating to council or committee meetings — s. 5.25(j)7
15.Matters for discussion at general electors’ meetings — s. 5.27(3)7
16.Requests for electors’ special meetings — s. 5.28(2)8
17.Voting at electors’ meetings — s. 5.318
18.Procedures at electors’ meetings — s. 5.318
19.Records to be kept by delegates — s. 5.46(3)8
20.Shareholders who are “closely associated persons” — s. 5.62(d)(ii)9
21.Interests that need not be disclosed — s. 5.63(1)(h)9
22.Form for primary returns — s. 5.75(1) and (2)10
23.Form for annual returns — s. 5.76(1) and (2)10
24.Amount of income up to which disclosure of the income’s source is not required — s. 5.80(3)10
25.Amount of gift up to which disclosure of the gift is not required — s. 5.82(2)(a)11
26.Amount of contribution to travel up to which disclosure of the contribution is not required — s. 5.83(2)(d)11
27.Amount of debt up to which disclosure of the liability to pay the debt is not required — s. 5.85(2)(a)11
28.Register of financial interests — s. 5.88(2)11
29.Information to be available for public inspection — s. 5.9412
30.Meeting attendance fees — s. 5.98(1)13
31.Expenses that are to be reimbursed — s. 5.98(2)(a) and (3)15
32.Expenses that may be approved for reimbursement —s. 5.98(2)(b) and (3)16
33.Annual local government allowance for mayors or presidents — s. 5.98(5)16
33A.Annual local government allowance for deputies — s. 5.98A17
34.Annual attendance fees — s. 5.9917
34A.Allowances in lieu of reimbursement of telecommunications expenses — s. 5.99A18
34B.Codes of conduct (token gifts) — s. 5.103(3)18
34C.Codes of conduct (disclosure of interests affecting impartiality) — s. 5.103(3)20
Schedule 1 — Forms21
Notes
Compilation table32
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Reprinted under the Reprints Act 1984 as at |
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Local Government (Administration) Regulation
These regulation
These regulation
(1)In these regulation
“code of conduct” means a code of conduct prepared or adopted under section 5.103(1);
“committee”
“relevant person
“Schedule”
“section”
(2)A reference in these regulation
[Regulation
4.Resignation of committee members
A committee member may resign from membership of the committee by giving the CEO or the committee’s presiding member written notice of the resignation.
5.Question time for the public at certain meetings — s. 5.24(
For the purposes of section 5.24(
(a)every special meeting of a council;
(b)every meeting of a committee to which the local government has delegated a power or duty.
6.Minimum question time for the public — s. 5.24(
(1)The minimum time to be allocated for the asking of and responding to questions raised by members of the public at ordinary meetings of councils and meetings referred to in regulation
(2)Once all the questions raised by members of the public have been asked and responded to at a meeting referred to in subregulation
7.Procedures for question time for the public — s. 5.24(
(1)Procedures for the asking of and responding to questions raised by members of the public at a meeting referred to in regulation
(a)by the person presiding at the meeting; or
(b)in the case where the majority of members of the council or committee present at the meeting disagree with the person presiding, by the majority of those members,
having regard to the requirements of subregulation
(2)The time allocated to the asking of and responding to questions raised by members of the public at a meeting referred to in regulation
(3)Each member of the public who wishes to ask a question at a meeting referred to in regulation
(4)Nothing in subregulation
(a)a council to answer a question that does not relate to a matter affecting the local government;
(b)a council at a special meeting to answer a question that does not relate to the purpose of the meeting; or
(c)a committee to answer a question that does not relate to a function of the committee.
(5)If, during the time allocated for questions to be raised by members of the public and responded to, a question relating to a matter in which a relevant person has an interest, as referred to in section 5.60, is directed to the relevant person, the relevant person is to —
(a)declare that he
(b)allow another person to respond to the question.
[Regulation
8.Procedure where no quorum at council or committee meetings — s. 5.25(
If a quorum has not been established within the 30 minutes after a council or committee meeting is due to begin then the meeting can be adjourned —
(a)in the case of a council, by the mayor or president or if the mayor or president is not present at the meeting, by the deputy mayor or deputy president;
(b)in the case of a committee, by the presiding member of the committee or if the presiding member is not present at the meeting, by the deputy presiding member;
(c)if no person referred to in paragraph (a) or (b), as the case requires, is present at the meeting, by a majority of members present;
(d)if only one member is present, by that member; or
(e)if no member is present or if no member other than the CEO is present, by the CEO or a person authorised by the CEO.
9.Voting at council or committee meetings — s. 5.25(
Voting at a council or committee meeting is to be conducted so that no voter’s vote is secret.
10.Revoking or changing decisions made at council or committee meetings — s. 5.25(
(1)If a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported —
(a)in the case where an attempt to revoke or change the decision had been made within the previous 3 months but had failed, by an absolute majority; or
(b)in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee,
inclusive of the mover.
(2)If a decision has been made at a council or a committee meeting then any decision to revoke or change the first‑mentioned decision must be made —
(a)in the case where the decision to be revoked or changed was required to be made by an absolute majority or by a special majority, by that kind of majority; or
(b)in any other case, by an absolute majority.
(3)This regulation
11.Content of minutes of council or committee meetings — s. 5.25(
The content of minutes of a meeting of a council or a committee is to include —
(a)the names of the members present at the meeting;
(b)where a member enters or leaves the meeting during the course of the meeting, the time of entry or departure, as the case requires, in the chronological sequence of the business of the meeting;
(c)details of each motion moved at the meeting, the mover and the outcome of the motion;
(d)details of each decision made at the meeting;
(da)written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70 (
(e)a summary of each question raised by members of the public at the meeting and a summary of the response to the question; and
(f)in relation to each disclosure made under section 5.65 or 5.70 in relation to the meeting, where the extent of the interest has also been disclosed, the extent of the interest.
[Regulation
12.Public notice of council or committee meetings — s. 5.25(
(1)At least once each year a local government is to give local public notice of the dates on which and the time and place at which —
(a)the ordinary council meetings; and
(b)the committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the public,
are to be held in the next 12 months.
(2)A local government is to give local public notice of any change to the date, time or place of a meeting referred to in subregulation
(3)Subject to subregulation
(4)If a special meeting of a council is to be open to members of the public but, in the CEO’s opinion, it is not practicable to give local public notice of the matters referred to in subregulation
13.Public inspection of unconfirmed minutes of council or committee meetings — s. 5.25(
A local government is to ensure that unconfirmed minutes of each council and committee meeting are available for inspection by members of the public —
(a)in the case of a council meeting, within 10 business days after the meeting; and
(b)in the case of a committee meeting, within 5 business days after the meeting.
14.Public inspection of certain documents relating to council or committee meetings — s. 5.25(
(1)A local government is to ensure that notice papers and agenda relating to any council or committee meeting and reports and other documents which —
(a)are to be tabled at the meeting; or
(b)have been produced by the local government or a committee for presentation at the meeting,
and which have been made available to members of the council or committee for the meeting are available for inspection by members of the public from the time the notice papers, agenda or documents were made available to the members of the council or committee.
(2)Nothing in subregulation
15.Matters for discussion at general electors’ meetings — s. 5.27(
For the purposes of section 5.27(
16.Requests for electors’ special meetings — s. 5.28(
A request for a special meeting of the electors of a district is to be in the form of Form 1.
17.Voting at electors’ meetings — s. 5.31
(1)Each elector who is present at a general or special meeting of electors is entitled to one vote on each matter to be decided at the meeting but does not have to vote.
(2)All decisions at a general or special meeting of electors are to be made by a simple majority of votes.
(3)Voting at a general or special meeting of electors is to be conducted so that no voter’s vote is secret.
18.Procedures at electors’ meetings — s. 5.31
Subject to regulation
19.Records to be kept by delegates — s. 5.46(
Where a power or duty has been delegated under the Act to the CEO or to any other local government employee, the person to whom the power or duty has been delegated is to keep a written record of —
(a)how the person exercised the power or discharged the duty;
(b)when the person exercised the power or discharged the duty; and
(c)the persons or classes of persons, other than council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
20.Shareholders who are “closely associated persons”
(1)The amount prescribed for the purposes of section 5.62(
(2)The percentage prescribed for the purposes of section 5.62(
[Regulation
21.Interests that need not be disclosed — s. 5.63(1)(h)
The interests prescribed for the purposes of section 5.63(1)(h) are as follows —
(a)an interest relating to an allowance to which section 5.98A or 5.99A refers;
(b)an interest (not being an interest referred to in section 5.63(1)) relating to the payment by the local government of money that the local government is legally obliged to pay;
(c)an interest that a relevant person has in a matter that is the subject of a question directed to him
(d)an interest relating to the provision by a local government of refreshments, meals or accommodation to persons —
(i)attending a meeting or function of the local government;
(ii)attending a conference relevant to local government business; or
(iii)on other local government business;
(e)an interest relating to —
(i)the provision by the local government of office equipment to a relevant person for both local government purposes and occasional personal use;
(ii)a relevant person becoming the owner of office equipment —
(I)that is provided under subparagraph (i) to the relevant person; and
(II)that has only minor residual value after use by the relevant person;
or
(iii)setting an amount of a minor residual value for the purposes of subparagraph (ii);
(f)an interest relating to —
(i)the specification by a local government of a value for the purposes of the definition of “token gift” in regulation
(ii)the making of a decision by a local government under regulation
(iii)a gift that can be accepted by a relevant person in accordance with a code of conduct to be observed by the relevant person.
[Regulation
22.Form for primary returns — s. 5.75(
For the purposes of section 5.75(
23.Form for annual returns — s. 5.76(
For the purposes of section 5.76(
24.Amount of income up to which disclosure of the income’s source is not required — s. 5.80(
The amount of income prescribed for the purposes of section 5.80(
25.Amount of gift up to which disclosure of the gift is not required — s. 5.82(
The amount of a gift prescribed for the purposes of section 5.82(
[Regulation
26.Amount of contribution to travel up to which disclosure of the contribution is not required — s. 5.83(
The amount of a contribution to travel prescribed for the purposes of section 5.83(
[Regulation
27.Amount of debt up to which disclosure of the liability to pay the debt is not required — s. 5.85(
The amount of debt to be paid prescribed for the purposes of section 5.85(
28.Register of financial interests — s. 5.88(
The register of financial interests is to be in a form that sets out —
(a)in relation to each disclosure made under section 5.65, 5.70 or 5.71 —
(i)the date of the disclosure; and
(ii)the nature of the interest disclosed;
(b)in relation to each disclosure made under section 5.65 or 5.70 where the extent of the interest has also been disclosed, the extent of the interest; and
(c)in relation to each disclosure made under section 5.65 or 5.70 —
(i)the date of the meeting at which the matter will be or was discussed; and
(ii)the number and details of the matter’s agenda item at the meeting.
29.Information to be available for public inspection — s. 5.94
(1)Subject to subregulation
(a)the information contained in a register to which section 5.18 applies;
(b)the information contained in a register to which section 5.46(
(ba)the information contained in an electoral gift register established and maintained under regulation
(bb)the information contained in a register of token gifts referred to in regulation
(bc)details of a regional price preference policy adopted in accordance with Part 4A of the Local Government (Functions and General) Regulation
(c)unconfirmed minutes of council or committee meetings;
(d)notice papers and agenda relating to any council or committee meeting and reports and other documents which —
(i)are to be tabled at the meeting; or
(ii)have been produced by the local government or a committee for presentation at the meeting,
and which have been made available to members of the council or committee for the meeting;
(e)the information contained in a tenders register kept under the Local Government (Functions and Miscellaneous) Regulation
(2)A person’s right to inspect information referred to in section 5.94 does not extend to the inspection of information referred to in subregulation
(a)was closed to members of the public; or
(b)in the CEO’s opinion, could have been closed to members of the public but was not closed,
unless the information to be inspected is a record of a decision made at the meeting.
(3)A person’s right to inspect information referred to in section 5.94 does not extend to the inspection of information referred to in subregulation
[Regulation
30.Meeting attendance fees — s. 5.98(
(1)For the purposes of section 5.98(
(a)the minimum fee for a council member other than —
(i)the mayor or president; or
(ii)in the case of a regional local government, the chairman,
attending a council meeting is $50 for each meeting; and
(b)the maximum fee for a council member other than —
(i)the mayor or president; or
(ii)in the case of a regional local government, the chairman,
attending a council meeting is $120 for each meeting.
(2)For the purposes of section 5.98(
(a)the minimum fee for a council member attending a meeting of a committee of which he
(b)the maximum fee for a council member attending a meeting of a committee of which he
(3)The total of fees paid to a council member other than —
(a)the mayor or president; or
(b)in the case of a regional local government, the chairman,
for attending meetings (whether of the council or of any committee) in each year is not to exceed $6 000.
(4)For the purposes of section 5.98(
(a)the minimum fee —
(i)for the mayor or president; or
(ii)in the case of a regional local government, for the chairman,
attending a council meeting is $100 for each meeting; and
(b)the maximum fee —
(i)for the mayor or president; or
(ii)in the case of a regional local government, for the chairman,
attending a council meeting is $240 for each meeting.
(5)The total of fees paid —
(a)to the mayor or president; or
(b)in the case of a regional local government, to the chairman,
for attending meetings (whether of the council or of any committee) in each year is not to exceed $12 000.
[Regulation
31.Expenses that are to be reimbursed — s. 5.98(
(1)For the purposes of section 5.98(
(a)rental charges incurred by a council member in relation to one telephone and one facsimile machine; and
(b)child care and travel costs incurred by a council member because of the member’s attendance at a council meeting or a meeting of a committee of which he
(2)The extent to which an expense referred to in subregulation
(3)The extent to which child care costs referred to in subregulation
(4)The extent to which travel costs referred to in subregulation
(a)if the person lives or works in the local government district or an adjoining local government district, is the actual cost for the person to travel from the person’s place of residence or work to the meeting and back; or
(b)if the person does not live or work in the local government district or an adjoining local government district, is the actual cost, in relation to a journey from the person’s place of residence or work and back —
(i)for the person to travel from the person’s place of residence or work to the meeting and back; or
(ii)if the distance travelled referred to in subparagraph (i) is more than 100 km, for the person to travel from the outer boundary of an adjoining local government district to the meeting and back to that boundary.
(5)For the purposes of subregulation
32.Expenses that may be approved for reimbursement —s. 5.98(
(1)For the purposes of section 5.98(
(a)an expense incurred by a council member in performing a function under the express authority of the local government;
(b)an expense incurred by a council member to whom paragraph (a) applies by reason of the council member being accompanied by not more than one other person while performing the function if, having regard to the nature of the function, the local government considers that it is appropriate for the council member to be accompanied by that other person; and
(c)an expense incurred by a council member in performing a function in his
(2)The extent to which an expense referred to in subregulation
33.Annual local government allowance for mayors or presidents — s. 5.98(
(1)For the purposes of section 5.98(
(a)the minimum annual local government allowance for a mayor or president is $500; and
(b)the maximum annual local government allowance for a mayor or president is —
(i)$10 000; or
(ii)0.002 of the local government’s operating revenue,
whichever is the greater amount, but in any case no more than $60 000.
“operating revenue”
[Regulation
33A.Annual local government allowance for deputies — s. 5.98A
For the purposes of section 5.98A(1) the prescribed percentage is 25%.
[Regulation
34.Annual attendance fees — s. 5.99
(1)For the purposes of section 5.99 —
(a)the minimum annual fee for a council member other than —
(i)the mayor or president; or
(ii)in the case of a regional local government, the chairman,
attending meetings (whether of the council or of any committee) is $2 000; and
(b)the maximum annual fee for a council member other than —
(i)the mayor or president; or
(ii)in the case of a regional local government, the chairman,
attending meetings (whether of the council or of any committee) is $6 000.
(2)For the purposes of section 5.99 —
(a)the minimum annual fee —
(i)for the mayor or president; or
(ii)in the case of a regional local government, for the chairman,
attending meetings (whether of the council or of any committee) is $5 000; and
(b)the maximum annual fee —
(i)for the mayor or president; or
(ii)in the case of a regional local government, for the chairman,
attending meetings (whether of the council or of any committee) is $12 000.
[Regulation
34A.Allowances in lieu of reimbursement of telecommunications expenses — s. 5.99A
For the purposes of section 5.99A(b), the maximum total annual allowance for telephone and facsimile machine rental charges referred to in regulation
[Regulation
34B.Codes of conduct (token gifts) — s. 5.103(3)
“gift” does not include —
(a)a gift from a relative as defined in section 5.74(1);
(b)a gift as defined in regulation
“token gift” means a gift of, or below, a value specified by the particular local government.
(2)A code of conduct is to contain a requirement that a council member or an employee cannot accept a gift, other than a token gift, from a person who is undertaking, or is likely to undertake, business —
(a)that requires the person to obtain any authorisation from the local government;
(b)by way of contract between the person and the local government; or
(c)by way of providing any service to the local government.
(3)A code of conduct is to contain a requirement that the CEO is to keep a register of token gifts that are recorded under subregulation
(4)A code of conduct is to contain a requirement that a council member or an employee who accepts a token gift from a person referred to in subregulation
(a)the names of the persons who gave, and received, the token gift;
(b)the date of receipt of the token gift; and
(c)a description, and the estimated value, of the token gift.
(5)If the particular local government decides that —
(a)a specified thing given by way of hospitality; or
(b)a thing given by way of hospitality that belongs to a specified class of things,
does not need to be recorded under subregulation
[Regulation
34C.Codes of conduct (disclosure of interests affecting impartiality) — s. 5.103(3)
“employee” has the meaning given by section 5.70;
“interest” means an interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected but does not include an interest as referred to in section 5.60.
(2)A code of conduct is to contain a requirement that a council member or an employee is to disclose any interest that he
(3)A code of conduct is to contain a requirement that a council member or an employee is to disclose any interest that he
(4)A code of conduct is to contain a requirement that disclosure of an interest under subregulation
[Regulation
[35-39.Omitted under the Reprints Act 1984 s. 7(4)(e).]
Form 1
[reg. 16]
Local Government Act 1995
Local Government (Administration) Regulation
REQUEST FOR A SPECIAL MEETING OF ELECTORS
TO: The (1) Mayor/President of (2) ..........................................................................
1.Under section 5.28 of the Local Government Act 1995, the electors of (3) ........................................... whose names, addresses and signatures are set out in the attached list and who comprise (1) 100 electors/5% of the number of electors request that a special meeting of the electors of the district be held.
2. The details of the matter to be discussed at the special meeting are —
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3.This request is served on behalf of the listed signatories by —
Name .................................................................................................
Signature ...........................................................................................
Contact details ...................................................................................
Date ...................................................................................................
(1)delete the one that does not apply
(2)insert name of local government
(3)insert name of district
Form 1
We, the undersigned, request that a special meeting of the electors of the district be held.
Full name of elector* |
Address which entitles you to vote in the elections of the local government affected by this request |
Signature of elector |
Date
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*An elector may be one of the following —
·a resident owner or occupier enrolled to vote at State elections;
·an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non‑residential property);
·an occupier of rateable property (e.g. a tenant of business premises or other non‑residential property).
Form 2
[reg. 22]
Local Government Act 1995
Local Government (Administration) Regulation
PRIMARY RETURN
Surname ............................................... Other names ............................................
Office held ...........................................
Start day ...............................................
1.Real property
Section 5.79 of the Act
Addresses |
Nature of Interest |
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2.Income sources
Section 5.80 of the Act
(a)income from an occupation
Description of the occupation |
Name and address of employer |
Description of office held |
Name of the partnership |
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(b)income from a trust
Name of trust |
Name and address of settlor |
Name and address of trustee |
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(c)sources of other income
Identity of persons |
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Describe circumstances |
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3.Trusts
Section 5.81 of the Act
Trusts in which the relevant person holds a beneficial interest
Name of trust |
Name and address of settlor |
Name and address of trustee |
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Discretionary trusts of which the relevant person is a trustee or an object
Name of trust |
Name and address of settlor |
Name and address of trustee |
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4.Interests and positions in corporations
Section 5.84 of the Act
Name & address of corporation |
Nature of interest/ |
Principal business |
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5.Debts
Section 5.85 of the Act
Name of lender/creditor |
Address of lender/creditor |
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6.Discretionary disclosures
Section 5.87 of the Act
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Signature ............................................................. Date .........................................
Form 3
[reg. 23]
Local Government Act 1995
Local Government (Administration) Regulation
ANNUAL RETURN
Surname ............................................... Other names ............................................
Office held ...........................................
Disclosure of interests for the return period from ........................ to 30 June .......
1.Real property
Section 5.79 of the Act
Address |
Nature of interest |
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2.Income sources
Section 5.80 of the Act
(a)income from an occupation
Description of the occupation |
Name and address of employer |
Description of office held |
Name of the partnership |
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(b)income from a trust
Name of trust |
Name and address of settlor |
Name and address of trustee |
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(c)sources of other income
Identity of persons |
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Describe circumstances |
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3.Trusts
Section 5.81 of the Act
Trusts in which the relevant person holds a beneficial interest
Name of trust |
Name and address of settlor |
Name and address of trustee |
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Discretionary trusts of which the relevant person is a trustee or an object
Name of trust |
Name and address of settlor |
Name and address of trustee |
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4.Gifts
Section 5.82 of the Act
Description of gift |
Name and address of giver |
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5.Contributions to travel
Section 5.83 of the Act
Name of contributor |
Address of contributor |
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6.Interests and positions in corporations
Section 5.84 of the Act
Name and address of corporation |
Nature of interest/ |
Principal business |
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7.Debts
Section 5.85 of the Act
Name of lender/creditor |
Address of lender/creditor |
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|
8.Disposition of property
Section 5.86 of the Act
Address of property |
Manner of disposition |
Date of disposition |
Nature of interest retained |
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|
|
|
Address of property |
Person by whom property disposed |
Person to whom property disposed |
Manner of disposition |
Date of dispo‑ |
Nature of interest obtained |
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|
|
|
|
|
9.Discretionary disclosures
Section 5.87 of the Act
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Signature ............................................................. Date .........................................
Notes
1This reprint is a compilation as at 30 August 2002 of the Local Government (Administration) Regulations 1996 and includes the amendments made by the other written laws referred to in the following table
By Authority: JOHN A. STRIJK, Government Printer