The Parliament of Queensland enacts—Part 1Preliminary1Short titleThis Act may be cited as the Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018.2CommencementParts 3 and 5, and part 4, division 3, commence on a day to be fixed by proclamation.Part 2Amendment of City of Brisbane Act 20103Act amendedThis part amends the City of Brisbane Act 2010.3AAmendment of s 6 (Definitions)Section 6, ‘schedule 1’—omit, insert—schedule 24Amendment of s 153 (Disqualification for certain offences)(1)Section 153(1)(c), ‘bribery’—omit, insert—serious integrity(2)Section 153(4) and (5)—omit, insert—(4)A serious integrity offence is an offence against—

(a)a provision of a law mentioned in schedule 1, part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or

(b)a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a).

(5)An integrity offence is an offence against a provision of a law mentioned in schedule 1, part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.(3)Section 153(6), after ‘convicted of’—insert—any of the following offences (each a disqualifying offence)(4)Section 153(6)(c)—omit, insert—

(c)a serious integrity offence; or

4A Amendment of s 158 (Acting as councillor without authority)Section 158—insert—

(c)the person is suspended as a councillor.

4B Insertion of new s 158AChapter 6, part 2, division 1—insert—158A Councillor must give notice of disqualification(1)This section applies if a councillor becomes aware the councillor is not qualified to be a councillor under this division.(2)The councillor must immediately give a written notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse—

(a)the Minister;

(b)if the councillor is not the mayor—the mayor;

(c)the chief executive officer.

Maximum penalty—100 penalty units.(3)For subsection (2), the notice must state—

(a)details about why the councillor is not qualified to be a councillor under this division; and

(b)the day the councillor became disqualified.

5Omission of ss 174 and 175Sections 174 and 175—omit.6Insertion of new ch 6, pt 2, div 5AChapter 6, part 2—insert—Division 5ADealing with councillors’ personal interests in council matters177A Purpose of divisionThe purpose of this division is to ensure the personal interests of councillors are dealt with in an accountable and transparent way that meets community expectations, if the interests relate to matters to be considered—

(a)at a meeting of the council or any of its committees; or

(b)by a council employee or contractor of the council authorised to deal with the matter.

177B Meaning of material personal interest(1)A councillor has a material personal interest in a matter if any of the following stand to gain a benefit, or suffer a loss, (either directly or indirectly) depending on the outcome of consideration of the matter—

(a)the councillor;

(b)a spouse of the councillor;

(c)a parent, child or sibling of the councillor;

(d)a person who is in a partnership with the councillor;

(e)an employer, other than a government entity, of the councillor;

(f)an entity, other than a government entity, of which the councillor is a member;

(g)another entity prescribed by regulation.

(2)However, a councillor does not have a material personal interest in the matter if the councillor, or another person or entity mentioned in subsection (1), stands to gain a benefit or suffer a loss that is no greater than that of other persons in Brisbane.(3)Subsection (1)(c) only applies to a councillor if the councillor knows, or ought reasonably to know, that the councillor’s parent, child or sibling stands to gain a benefit or suffer a loss.177C Councillor’s material personal interest at a meeting(1)This section applies if—

(a)a matter is to be discussed at a meeting of the council or any of its committees; and

(b)the matter is not an ordinary business matter; and

(c)a councillor has a material personal interest in the matter.

(2)The councillor must—

(a)inform the meeting of the councillor’s material personal interest in the matter, including the following particulars about the interest—

(i)the name of the person or other entity who stands to gain a benefit, or suffer a loss, depending on the outcome of the consideration of the matter at the meeting;

(ii)how the person or other entity stands to gain the benefit or suffer the loss;

(iii)if the person or other entity who stands to gain the benefit or suffer the loss is not the councillor—the nature of the councillor’s relationship to the person or entity; and

(b)leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on.

Maximum penalty—

(a)if the councillor votes on the matter with an intention to gain a benefit, or avoid a loss, for the councillor or another person or entity—200 penalty units or 2 years imprisonment; or

(b)otherwise—85 penalty units.

(3)If a majority of the councillors at a meeting of the council inform the meeting about a material personal interest in a matter under subsection (2)(a), the council must delegate deciding the matter under section 238, unless deciding the matter can not be delegated under that section.(4)A councillor does not contravene subsection (2) by participating in the meeting, or being present while the matter is discussed and voted on, if the councillor’s participation or presence—

(a)is for the purpose of delegating deciding the matter under subsection (3); or

(b)is approved under section 177F and the councillor complies with the conditions of the approval.

177D Meaning of conflict of interest(1)A conflict of interest is a conflict that—

(a)is between—

(i)a councillor’s personal interests; and

(ii)the public interest; and

(b)might lead to a decision that is contrary to the public interest.

(2)However, a councillor does not have a conflict of interest in a matter—

(a)merely because of—

(i)an engagement with a community group, sporting club or similar organisation undertaken by the councillor in the councillor’s capacity as a councillor; or

(ii)membership of a political party; or

(iii)membership of a community group, sporting club or similar organisation if the councillor is not an office holder for the group, club or organisation; or

(iv)the councillor’s religious beliefs; or

(v)the councillor having been a student of a particular school or the councillor’s involvement with a school as a parent of a student at the school; or

(b)if the councillor has no greater personal interest in the matter than that of other persons in Brisbane.

(3)Also, a councillor who is nominated by the council to be a member of a board of a corporation or other association does not have a personal interest in matters relating to the corporation or association merely because of the nomination or appointment as a member.177E Councillor’s conflict of interest at a meeting(1)This section applies if—

(a)a matter is to be discussed at a meeting of the council or any of its committees; and

(b)the matter is not an ordinary business matter; and

(c)a councillor at the meeting—

(i)has a conflict of interest in the matter (a real conflict of interest); or

(ii)could reasonably be taken to have a conflict of interest in the matter (a perceived conflict of interest).

(2)The councillor must inform the meeting about the councillor’s personal interests in the matter, including the following particulars about the interests—

(a)the nature of the interests;

(b)if the councillor’s personal interests arise because of the councillor’s relationship with, or receipt of a gift from, another person—

(i)the name of the other person; and

(ii)the nature of the relationship or value and date of receipt of the gift; and

(iii)the nature of the other person’s interests in the matter.

Maximum penalty—100 penalty units or 1 year’s imprisonment.(3)Subsection (4) applies if—

(a)the other councillors who are entitled to vote at the meeting are informed about a councillor’s personal interests in a matter by the councillor or another person; and

(b)the councillor has not voluntarily left, and stayed away from, the place where the meeting is being held while the matter is discussed and voted on.

(4)Subject to subsection (6), the other councillors must decide—

(a)whether the councillor has a real conflict of interest or perceived conflict of interest in the matter; and

(b)if they decide the councillor has a real conflict of interest or perceived conflict of interest in the matter—whether the councillor—

(i)must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on; or

(ii)may participate in the meeting in relation to the matter, including by voting on the matter.

(5)The councillor must comply with a decision under subsection (4) that the councillor must leave and stay away from the place.Maximum penalty—100 penalty units or 1 year’s imprisonment.(6)If a majority of the councillors at a meeting of the council inform the meeting about personal interests in the matter under subsection (2), the council must delegate deciding the matter under section 238, unless deciding the matter can not be delegated under that section.(7)A councillor does not contravene subsection (5) by participating in the meeting, or being present while the matter is discussed and voted on, if the councillor’s participation or presence—

(a)is for the purpose of delegating deciding the matter under subsection (6); or

(b)is approved under section 177F and the councillor complies with the conditions of the approval.

(8)In this section—gift means a gift that is required, under a regulation, to be recorded in a register of interests.177F Minister’s approval for councillor to participate or be present to decide matter(1)The Minister may, by signed notice given to a councillor, approve the councillor participating in a meeting, or being present while a matter is discussed and voted on, if—

(a)the matter could not otherwise be decided at the meeting because of—

(i)the number of councillors subject to the obligation under section 177C(2)(b); or

(ii)section 177E(6); and

(b)deciding the matter can not be delegated under section 238.

(2)The Minister may give the approval subject to conditions stated in the notice.177G Duty to report another councillor’s material personal interest or conflict of interest at a meeting(1)This section applies if—

(a)a matter is to be discussed at a meeting of the council or any of its committees; and

(b)the matter is not an ordinary business matter; and

(c)a councillor at the meeting believes, or suspects, on reasonable grounds that another councillor at the meeting has a material personal interest, real conflict of interest or perceived conflict of interest in the matter; and

(d)the other councillor has not informed the meeting about the interest under section 177C(2) or 177E(2).

(2)The councillor who has the belief or suspicion must, as soon as practicable, inform the person who is presiding at the meeting about—

(a)the belief or suspicion; and

(b)the facts and circumstances that form the basis of the belief or suspicion.

Note—Contravention of subsection (2) is misconduct that could result in disciplinary action being taken against a councillor. See sections 178(3)(c) and 183.177H Offence to take retaliatory actionA person must not, because a councillor complied with section 177G(2)—

(a)prejudice, or threaten to prejudice, the safety or career of the councillor or another person; or

(b)intimidate or harass, or threaten to intimidate or harass, the councillor or another person; or

(c)take any action that is, or is likely to be, detrimental to the councillor or another person.

Maximum penalty—167 penalty units or 2 years imprisonment.177I Offence for councillor with material personal interest or conflict of interest to influence others(1)This section applies to a councillor who has a material personal interest, real conflict of interest or perceived conflict of interest in a matter, other than an ordinary business matter.(2)The councillor must not influence, or attempt to influence, another councillor to vote on the matter in a particular way at a meeting of the council or any of its committees.Maximum penalty—200 penalty units or 2 years imprisonment.(3)The councillor must not influence, or attempt to influence, a council employee or a contractor of the council who is authorised to decide or otherwise deal with the matter to do so in a particular way.Maximum penalty—200 penalty units or 2 years imprisonment.(4)A councillor does not commit an offence against subsection (2) or (3) merely by participating in a meeting of the council or any of its committees about the matter, including by voting on the matter, if the participation is authorised under—

(a)a decision mentioned in section 177E(4)(b)(ii); or

(b)an approval under section 177F.

177J Records about material personal interests and conflicts of interests at meetings(1)If section 177C applies to a matter to be discussed at a meeting of the council or any of its committees, the following information must be recorded in the minutes of the meeting and on the council’s website—

(a)the name of the councillor who has a material personal interest in the matter;

(b)the material personal interest, including the particulars mentioned in section 177C(2)(a) as described by the councillor;

(c)whether the councillor participated in the meeting, or was present during the meeting, under an approval under section 177F.

(2)If section 177E applies to a matter to be discussed at a meeting of the council or any of its committees, the following must be recorded in the minutes of the meeting and on the council’s website—

(a)the name of the councillor who has a real conflict of interest or perceived conflict of interest in the matter;

(b)the councillor’s personal interests in the matter, including the particulars mentioned in section 177E(2) as described by the councillor;

(c)the decisions made under section 177E(4) and the reasons for the decisions;

(d)whether the councillor participated in the meeting, or was present during the meeting, under an approval under section 177F;

(e)if the councillor voted on the matter—how the councillor voted on the matter;

(f)how the majority of councillors who were entitled to vote at the meeting voted on the matter.

7Amendment of s 178 (What this division is about)Section 178(3)(c), ‘175(4)’—omit, insert—177G(2)7A Insertion of new ch 6, pt 2, divs 8 and 9Chapter 6, part 2—insert—Division 8Automatic suspension of councillors186B Automatic suspension for certain offences(1)A person is automatically suspended as a councillor when the person is charged with a disqualifying offence.(2)Subsection (3) applies if, when a person is appointed or elected as a councillor, a proceeding for a disqualifying offence against the person has been started but has not ended.(3)The person is automatically suspended as a councillor when the person’s term as councillor starts.186C When a person is charged with disqualifying offence and proceeding is startedFor this division and division 9—

(a)a person is charged with a disqualifying offence when—

(i)a police officer arrests and charges the person for the offence; or

(ii)the person is served with a notice to appear for the offence; or

(iii)the person is served with a complaint for the offence under the Justices Act 1886; or

(iv)a charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886; or

(v)an ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and

(b)a proceeding for a disqualifying offence is started against a person when the person is charged with the offence.

186D Obligation to give notice if charged with disqualifying offence(1)This section applies if—

(a)a councillor is charged with a disqualifying offence; or

(b)a proceeding for a disqualifying offence has been started, but has not ended, against a councillor when the councillor is appointed or elected.

(2)The councillor must immediately give a written notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse—

(a)the Minister;

(b)if the councillor is not the mayor—the mayor;

(c)the chief executive officer.

Maximum penalty—100 penalty units.(3)For subsection (2), the notice must state—

(a)the provision of the law against which the councillor is charged; and

(b)the day the councillor was charged.

186E Effect of councillor’s suspension(1)This section applies while a councillor is suspended as a councillor.(2)The councillor must not act as a councillor. (3)If the councillor is the mayor or deputy mayor, the councillor is also suspended as mayor or deputy mayor.(4)The councillor’s obligations under division 5 are not affected.(5)The councillor is entitled to be paid remuneration as a councillor.(6)In this section—remuneration, as a councillor, does not include an amount payable to a councillor for performing a particular responsibility, including, for example, attending a meeting of the local government or any of its committees.186F When suspension of councillor endsIf a councillor is suspended under section 186B, the suspension ends when the earliest of the following happens—

(a)for each disqualifying offence to which the suspension relates—

(i)if the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or

(ii)if the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or

(iii)the proceeding for the offence otherwise ends;Note—If the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162.

(b)the councillor’s term ends under section 160;

(c)the councillor’s office becomes vacant under section 162.

Division 9Criminal history information186G Criminal history report(1)This section applies if the Minister—

(a)receives a notice from a councillor—

(i)under section 158A in relation to the conviction of the councillor for a disqualifying offence; or

(ii)under section 186D; or

(b)reasonably suspects a councillor has been charged with, or convicted of, a disqualifying offence.

(2)The Minister may ask the police commissioner for a written report about the criminal history of the councillor that includes a brief description of the circumstances of a conviction or charge mentioned in the criminal history.(3)The police commissioner must comply with the request.(4)However, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.(5)In this section—criminal history, of a councillor, includes—

(a)spent convictions; and

(b)every charge made against the councillor for an offence, in Queensland or elsewhere.

186H Confidentiality of criminal history information(1)This section applies to a person who possesses criminal history information because the person—

(a)is or was an officer, employee or agent of the department; or

(b)is or was a councillor, officer, employee or agent of the council.

(2)The person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (3). Maximum penalty—100 penalty units.(3)The person is permitted to disclose the criminal history information to another person—

(a)to the extent necessary to perform the person’s functions under this Act; or

(b)if the disclosure is authorised under an Act; or

(c)if the disclosure is otherwise required or permitted by law; or

(d)if the person to whom the information relates consents to the disclosure; or

(e)if the disclosure is in a form that does not identify the person to whom the information relates; or

(f)if the information is, or has been, lawfully accessible to the public.

(4)The person must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it is given.(5)In this section—criminal history information means the information contained in—

(a)a report given to the Minister under section 186G; or

(b)a notice given to the Minister, a councillor or the chief executive officer—

(i)under section 158A in relation to the conviction of a councillor for a disqualifying offence; or

(ii)under section 186D.

7B Insertion of new ch 8, pt 9Chapter 8—insert—Part 9Transitional provisions for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018277Disqualifying offence committed before commencementChapter 6, part 2, as in force after the commencement, applies in relation to a disqualifying offence, whether the act or omission constituting the offence was committed before or after the commencement.278Existing charge for disqualifying offence(1)This section applies if a proceeding for a disqualifying offence against a councillor had started before the commencement but has not ended.(2)The councillor is automatically suspended as a councillor on the commencement.(3)Chapter 6, part 2, division 8 applies in relation to the councillor as if the councillor was suspended under section 186B.(4)Immediately after the commencement, the councillor must give a written notice that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse—

(a)the Minister;

(b)if the councillor is not the mayor—the mayor;

(c)the chief executive officer.

Maximum penalty—100 penalty units.(5)For subsection (4), the notice must state—

(a)the provision of the law against which the councillor was charged; and

(b)the day the councillor was charged.

(6)The information contained in the notice is taken to be criminal history information for section 186H.279Existing conviction for new disqualifying offence(1)This section applies if—

(a)before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and

(b)on the commencement, the disqualifying period for the offence would not have ended.

(2)The councillor automatically stops being a councillor on the commencement.(3)Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse—

(a)the Minister;

(b)if the councillor is not the mayor—the mayor;

(c)the chief executive officer.

Maximum penalty—100 penalty units.(4)For subsection (3), the notice must state—

(a)the provision of the law against which the councillor was convicted; and

(b)the day the councillor was convicted.

(5)Section 153(7) applies in relation to the offence.(6)The information contained in the notice is taken to be criminal history information for section 186H.(7)In this section—conviction includes a spent conviction.disqualifying period, for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.new disqualifying offence means an offence that, under section 153—

(a)is a disqualifying offence after the commencement; but

(b)was not a disqualifying offence before the commencement.

8Amendment and renumbering of sch 1 (Dictionary)(1)Schedule 1—insert—disqualifying offence see section 153(6).perceived conflict of interest see section 177E(1)(c)(ii).real conflict of interest see section 177E(1)(c)(i). (2)Schedule 1, definition conflict of interest, ‘section 175(2)’—omit, insert—section 177D(3)Schedule 1, definition material personal interest, ‘section 174(2)’—omit, insert—section 177B(4)Schedule 1, as amended by this section—renumber as schedule 2.8AInsertion of new sch 1After section 279, as inserted by this Act—insert—Schedule 1Serious integrity offences and integrity offencessection 153Part 1Serious integrity offencesCriminal Code54A(1)Demands with menaces upon agencies of government57(1)False evidence before Parliament60(1)Bribery of member of Parliament87(1) or (1A)Official corruption92A(1) or (2)Misconduct in relation to public office98B(1)False or misleading information98C(1) or (2)Bribery98D(1) or (2)Forging or uttering electoral or referendum paper110Stuffing ballot boxes112(1)False or misleading information119B(1)Retaliation against or intimidation of judicial officer, juror, witness etc.122(1)Corruption of jurors123(1)Perjury126(1)Fabricating evidence127(1)Corruption of witnesses129Damaging evidence with intent131(1)Conspiracy to bring false accusation132(1)Conspiring to defeat justice133(1)Compounding an indictable offencecircumstance—the penalty in subsection (2) applies to the offence140(1)Attempting to pervert justice193(1)False verified statements398(1)Punishment of stealingcircumstance—a circumstance of aggravation with a maximum penalty of 7 years or more imprisonment applies to the offence399Fraudulent concealment of particular documentscircumstance—paragraph (b) of the penalty applies to the offence408C(1)Fraudcircumstance—a circumstance of aggravation mentioned in subsection (2), (2A) or (2B) applies to the offence408E(1)Computer hacking and misusecircumstance—a circumstance of aggravation mentioned in subsection (3) applies to the offence415(1)Extortion430Fraudulent falsification of records433(1)Receiving tainted property442BReceipt or solicitation of secret commission by an agent442BAGift or offer of secret commission to an agent442DFalse or misleading receipt or account442ESecret commission for advice given442EAOffer or solicitation of secret commission in return for advice given or to be given442FSecret commission to trustee in return for substituted appointment442GLiability of director etc. acting without authority488(1)Forgery and utteringcircumstance—paragraph (a) or (b) of the penalty applies to the offence541(1)Conspiracy to commit crimecircumstance—a maximum penalty of 7 years imprisonment or more applies to the offence

Crime and Corruption Act198(1)Contempt of person conducting commission hearing

Criminal Proceeds Confiscation Act 2002250(1)Money laundering

Electoral Act307B(1)Schemes to circumvent prohibition on particular political donations

Local Government Electoral Act169(1)False or misleading information170(1) or (2)Bribery175(1) or (2)Forged electoral papers194B(1)Schemes to circumvent prohibition on particular political donations

Part 2Integrity offencesThis Act173(1)Use of information by councillors173A(2) or (3)Prohibited conduct by councillor in possession of inside information173B(2)Obligation of councillor to correct register of interestscircumstance—paragraph (a) of the penalty applies to the offence177C(2)Councillor’s material personal interest at a meeting177E(2) or (5)Councillor’s conflict of interest at a meeting177HOffence to take retaliatory action177I(2) or (3)Offence for councillor with material personal interest or conflict of interest to influence others215(1)False or misleading information

Criminal Code54(1)Interference with Governor or Ministers55(1)Interference with the Legislature58(1)Witness refusing to attend, answer question or produce a thing before Legislative Assembly or authorised committee78(1) or (2)Interfering with political liberty85Disclosure of official secrets98E(1)Influencing voting98FProviding money for illegal payments98GVoting if not entitled99(1), (2), (3), (4) or (5)Voting if not entitled100(1) or (2)Hindering or interfering with voting conduct101(1) or (2)Bribery102Publishing false information about a candidate113(2), (3), (4) or (5)Interfering with secrecy at elections128Deceiving witnesses130Preventing witnesses from attending133(1)Compounding an indictable offencecircumstance—the penalty in subsection (3) applies to the offence194(1)False declarations204(1)Disobedience to statute law398(1)Punishment of stealingcircumstance—no circumstance of aggravation applies to the offence399Fraudulent concealment of particular documentscircumstance—paragraph (a) of the penalty applies to the offence408CFraudcircumstance—the circumstance of aggravation mentioned in subsection (2), (2A) or (2B) does not apply to the offence408D(1) or (1A)Obtaining or dealing with identification information408EComputer hacking and misusecircumstance—no circumstance of aggravation, or the circumstance of aggravation mentioned in subsection (2), applies to the offence414Demanding property with menaces with intent to steal488(1)Forgery and utteringcircumstance—paragraph (c) of the penalty applies to the offence541(1)Conspiracy to commit crimecircumstance—the maximum penalty for the crime in question is less than 7 years imprisonment

Electoral Act307A(1)Offence about prohibited donations307C(1)False or misleading information relating to determinations427(2)Obligation to repay particular political donations

Local Government Electoral Act171Assisting illegal payments186Influencing voting by violence or intimidation189Voting if not entitled194A(1)Offence about prohibited donations194C(1)False or misleading information relating to determinations212(2)Obligation to repay particular political donations

Part 3Amendment of Electoral Act 19929Act amendedThis part amends the Electoral Act 1992.10Amendment of s 2 (Definitions)Section 2—insert—political donation, for part 11, division 8, subdivision 4, see section 274.prohibited donor, for part 11, division 8, subdivision 4, see section 273.11Amendment of s 197 (Definitions)(1)Section 197, definition electoral expenditure—omit.(2)Section 197—insert—electoral expenditure—

(a)for division 4—see section 222; or

(b)for division 8, subdivision 4—means expenditure incurred for the purposes of a campaign for an election, whether or not the expenditure is incurred during the election period for the election; or

(c)for division 10—see section 282A.

political donation, for division 8, subdivision 4, see section 274.prohibited donor, for division 8, subdivision 4, see section 273.12Replacement of pt 11, div 8, sdiv 3, hdg (Other gifts and loans)Part 11, division 8, subdivision 3, heading—omit, insert—Subdivision 3Loans from entities other than financial institutions13Insertion of new pt 11, div 8, sdiv 4Part 11, division 8—insert—Subdivision 4Political donations from property developers273Meaning of prohibited donor(1)For this subdivision, prohibited donor—

(a)means—

(i)a property developer; or

(ii)an industry representative organisation, a majority of whose members are property developers; but

(b)does not include an entity for whom a determination is in effect under section 277.Note—See section 307C(4) in relation to the non-effect of a determination in particular circumstances.

(2)For subsection (1)(a), each of the following persons is a property developer—

(a)a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation—

(i)in connection with the residential or commercial development of land; and

(ii)with the ultimate purpose of the sale or lease of the land for profit;

(b)a close associate of a corporation mentioned in paragraph (a).

(3)For deciding whether a corporation is a corporation mentioned in subsection (2)(a), any activity engaged in by the corporation for the dominant purpose of providing commercial premises at which the corporation, or a related body corporate of the corporation, will carry on business is to be disregarded, unless the business involves the sale or leasing of a substantial part of the premises.(4)Section 205 does not apply for this section.(5)In this section—close associate, of a corporation, means any of the following persons—

(a)a related body corporate of the corporation;

(b)a director or other officer of the corporation;

(c)a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation;

(d)a spouse of an individual mentioned in paragraph (b) or (c);

(e)if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security;

(f)if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust;

(g)if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust.

director, of a corporation, see the Corporations Act, section 9.officer, of a corporation, see the Corporations Act, section 9.related body corporate, of a corporation, see the Corporations Act, section 9.relevant planning application means—

(a)an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009; or

(b)a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or

(c)an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971; or

(d)a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about the following under that Act—

(i)the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area;

(ii)the imposition of, or change to, conditions on a coordinated project;

(iii)the preparation or variation of a development scheme; or

(e)an application for, or to change, a PDA development approval under the Economic Development Act 2012; or

(f)a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act—

(i)a priority development area or provisional priority development area;

(ii)a development scheme, interim land use plan, or PDA-associated development for a priority development area;

(iii)a provisional land use plan or PDA-associated development for a provisional priority development area; or

(g)an application or request of a type prescribed by regulation to be a relevant planning application.

stapled entity—

(a)means an entity the interests in which are traded along with the interests in another entity as stapled securities; and

(b)for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust.

voting power see the Corporations Act, section 610.274Meaning of political donation(1)For this subdivision, each of the following is a political donation—

(a)a gift made to or for the benefit of—

(i)a political party; or

(ii)an elected member; or

(iii)a candidate in an election;

(b)a gift made to or for the benefit of another entity—

(i)to enable the entity (directly or indirectly) to make a gift mentioned in paragraph (a) or to incur electoral expenditure; or

(ii)to reimburse the entity (directly or indirectly) for making a gift mentioned in paragraph (a) or incurring electoral expenditure;

(c)a loan from an entity other than a financial institution that, if the loan were a gift, would be a gift mentioned in paragraph (a) or (b).

(2)If a gift is made by a person in a private capacity to an individual (the recipient) for the recipient’s personal use and the recipient does not intend to use the gift for an electoral purpose—

(a)the gift is not a political donation when it is made; but

(b)if any part of the gift is used for an electoral purpose, then, for the purposes of section 275(3)—

(i)that part of the gift is a political donation; and

(ii)the recipient is taken to accept that part of the gift at the time it is used for an electoral purpose.

(3)A reference in subsection (2) to using a gift for an electoral purpose is a reference to using the gift to incur electoral expenditure or for the recipient’s duties as an elected member.(4)Despite section 201(4)(a) and (b), a reference in this section to a gift includes a fundraising contribution, to the extent the amount of the contribution forms part of the proceeds of the fundraising venture or function to which the contribution relates.(5)Despite section 201(4)(d), a reference in this section to a gift includes any of the following amounts paid by a person to a political party, to the extent the total amount of the person’s payments in a calendar year exceeds $1,000—

(a)an amount paid as a subscription for a person’s membership of the party;

(b)an amount paid for a person’s affiliation with the party.

275Political donations by prohibited donors(1)It is unlawful for a prohibited donor to make a political donation.(2)It is unlawful for a person to make a political donation on behalf of a prohibited donor.(3)It is unlawful for a person to accept a political donation that was made (wholly or in part) by or on behalf of a prohibited donor.(4)It is unlawful for a prohibited donor to solicit a person to make a political donation.(5)It is unlawful for a person to solicit, on behalf of a prohibited donor, another person to make a political donation.276Recovery of prohibited donations(1)If a person accepts a prohibited donation, the following amount is payable by the person to the State—

(a)if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation;

(b)otherwise—an amount equal to the amount or value of the prohibited donation.

(2)The amount may be recovered by the State as a debt due to the State from—

(a)if the recipient is a registered political party that is not a corporation—the party’s agent; or

(b)if the recipient is a candidate—the candidate or the candidate’s agent; or

(c)otherwise—the recipient.

(3)The imposition of liability to pay an amount to the State under this section—

(a)is not a punishment or sentence for an offence against section 307A or any other offence; and

(b)is not a matter to which a court may have regard in sentencing an offender for an offence against section 307A or any other offence.

(4)In this section—prohibited donation means a political donation that was unlawfully made or accepted under section 275.recipient means the entity to whom, or for the benefit of whom, the prohibited donation was made.277Making of determination that entity is not a prohibited donor(1)A person may apply to the commissioner for a determination that the person, or another entity, is not an entity mentioned in section 273(1)(a)(i) or (ii).(2)The application must be written and supported by enough information to enable the commissioner to decide the application.(3)If the commissioner is satisfied the entity to whom the application relates is not an entity mentioned in section 273(1)(a)(i) or (ii), the commissioner must make the determination sought by the applicant.(4)Otherwise, the commissioner must—

(a)decide not to make the determination; and

(b)give the applicant an information notice about the decision.

(5)A determination has effect for 1 year unless it is earlier revoked.278Revocation of determination(1)If, at any time, the commissioner ceases to be satisfied the entity to whom a determination relates is not an entity mentioned in section 273(1)(a)(i) or (ii), the commissioner may revoke the determination by giving a written notice of revocation to the entity and, if the entity was not the applicant for the determination, the applicant.(2)The notice of revocation given to the entity must include, or be accompanied by, an information notice about the decision to revoke the determination.279Register of determinations(1)The commissioner must keep a register of determinations made under section 277.(2)The register must include any revocations made under section 278.(3)The commissioner must make the register available for public inspection without fee.14Amendment of s 282A (Meaning of electoral expenditure)Section 282A, ‘this part’—omit, insert—this division15Insertion of new ss 307A–307CAfter section 307—insert—307A Offence about prohibited donations(1)A person must not do an act or make an omission that is unlawful under section 275 if the person knows or ought reasonably to know of the facts that result in the act or omission being unlawful under that section.Maximum penalty—400 penalty units or 2 years imprisonment.(2)An offence against subsection (1) is a misdemeanour.307B Schemes to circumvent prohibition on particular political donations(1)A person must not knowingly participate, directly or indirectly, in a scheme to circumvent a prohibition under division 8, subdivision 4 about political donations.Maximum penalty—1,500 penalty units or 10 years imprisonment.(2)For subsection (1), it does not matter whether the person also participates in the scheme for other purposes.(3)An offence against subsection (1) is a crime.(4)In this section—participate in, a scheme, includes—

(a)enable, aid or facilitate entry into, or the carrying out of, a scheme; and

(b)organise or control a scheme.

scheme includes arrangement, agreement, understanding, course of conduct, promise or undertaking, whether express or implied.307C False or misleading information relating to determinations(1)A person must not give the commissioner information under section 277 that the person knows is false or misleading in a material particular.Maximum penalty—400 penalty units or 2 years imprisonment.(2)Subsection (1) does not apply to a person if the person, when giving information in a document—

(a)tells the commissioner, to the best of the person’s ability, how the document is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

(3)An offence against subsection (1) is a misdemeanour.(4)In a proceeding against a person for an offence under section 307A, a determination made under section 277 is taken to be of no effect if the person knew, or ought reasonably to have known, at the time of the relevant act or omission that information given to, or used by, the commissioner under section 277 was false or misleading in a material particular.16Amendment of s 308 (Recovery of payments)Section 308(1), ‘section 236(3) or 271(7)’—omit, insert—section 236(3), 271(6) or 27617Amendment of s 374 (Right of appeal)Section 374, note, after ‘sections’—insert—277(4)(b), 278(2),18Amendment of s 385 (Offences under this part are summary)(1)Section 385, heading, ‘Offences’—omit, insert—Particular offences(2)Section 385(1), after ‘part’—insert—, other than sections 307A to 307C,(3)Section 385(2), ‘an offence’—omit, insert—a summary offence19Insertion of new s 385AAfter section 385—insert—385A Proceedings for indictable offence(1)A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—

(a)by way of summary proceeding under the Justices Act 1886; or

(b)on indictment.

(2)However, a magistrate must not hear an indictable offence against section 307B summarily if—

(a)the magistrate is satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or

(b)the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.

(3)If subsection (2) applies—

(a)the magistrate must proceed by way of an examination of witnesses for an indictable offence; and

(b)a plea of the person charged at the start of the proceeding must be disregarded; and

(c)evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and

(d)before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).

(4)The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.20Insertion of new pt 13, div 9Part 13—insert—Division 9Transitional provision for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018427Obligation to repay particular political donations(1)This section applies if—

(a)a donation was made to a person (the recipient) on or after 12 October 2017 and before the commencement; andNote—The Local Government Electoral (Implementing Belcarra) and Other Legislation Amendment Bill 2017 was introduced into the Legislative Assembly on 12 October 2017.

(b)under section 275(3), it would have been unlawful for the recipient to accept the donation if it had been made immediately after the commencement.

(2)The recipient must pay an amount equal to the amount or value of the donation to the person who made the donation within 30 days after the commencement.Maximum penalty—400 penalty units or 2 years imprisonment.(3)An offence against subsection (2) is a misdemeanour.(4)Section 276 applies in relation to a contravention of subsection (2) as if—

(a)a reference in section 276 to accepting a prohibited donation were a reference to contravening subsection (2); and

(b)a reference in section 276 to the amount or value of a prohibited donation were a reference to the amount that was not paid under subsection (2).

Part 4Amendment of Local Government Act 2009Division 1Preliminary21Act amendedThis part amends the Local Government Act 2009.Division 2Amendments commencing on assent21A Amendment of s 122 (Removing a councillor)(1)Section 122(1)—insert—

(d)the Minister reasonably believes it is otherwise in the public interest that a councillor be suspended or dismissed.

(2)Section 122(2)(c), before ‘—suspend’—insert—or dissolve the local government21B Amendment of s 123 (Dissolving a local government)(1)Section 123, heading, ‘Dissolving’—omit, insert—Suspending or dissolving(2)Section 123(1)—insert—

(d)the Minister reasonably believes it is otherwise in the public interest that every councillor be suspended or dismissed.

(3)Section 123—insert—(1A)If the proposal in the Minister’s notice under section 120 was to suspend every councillor for a stated period, the Minister may recommend that the Governor in Council—

(a)suspend every councillor for a period that is no longer than the stated period; and

(b)appoint an interim administrator to act in place of the councillors until the stated period ends.

(4)Section 123(2), ‘The’—omit, insert—Also, the(5)Section 123(4), ‘The regulation’—omit, insert—A regulation dissolving a local government(6)Section 123(1A) to (5)—renumber as section 123(2) to (6).22Amendment of s 153 (Disqualification for certain offences)(1)Section 153(1)(c), ‘bribery’—omit, insert—serious integrity(2)Section 153(4) and (5)—omit, insert—(4)A serious integrity offence is an offence against—

(a)a provision of a law mentioned in schedule 1, part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or

(b)a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a).

(c)a serious integrity offence; or

22A Amendment of s 158 (Acting as councillor without authority)Section 158—insert—

(c)the person is suspended as a councillor.

22B Insertion of new s 158AChapter 6, part 2, division 1—insert—158A Councillor must give notice of disqualification(1)This section applies if a councillor becomes aware the councillor is not qualified to be a councillor under this division.(2)The councillor must immediately give a notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse—

(a)the Minister;

(b)if the councillor is not the mayor of the local government—the mayor;

(c)the chief executive officer of the local government.

Maximum penalty—100 penalty units.(3)For subsection (2), the notice must state—

(a)details about why the councillor is not qualified to be a councillor under this division; and

(b)the day the councillor became disqualified.

23Omission of ss 172 and 173Sections 172 and 173—omit.24Insertion of new ch 6, pt 2, div 5AChapter 6, part 2—insert—Division 5ADealing with councillors’ personal interests in local government matters175A Purpose of divisionThe purpose of this division is to ensure the personal interests of councillors are dealt with in an accountable and transparent way that meets community expectations, if the interests relate to matters to be considered—

(a)at a meeting of the local government or any of its committees; or

(b)by a local government employee or contractor of the local government authorised to deal with the matter.

175B Meaning of material personal interest(1)A councillor has a material personal interest in a matter if any of the following stand to gain a benefit, or suffer a loss, (either directly or indirectly) depending on the outcome of consideration of the matter—

(a)the councillor;

(b)a spouse of the councillor;

(c)a parent, child or sibling of the councillor;

(d)a person who is in a partnership with the councillor;

(e)an employer, other than a government entity, of the councillor;

(f)an entity, other than a government entity, of which the councillor is a member;

(g)another entity prescribed by regulation.

(2)However, a councillor does not have a material personal interest in the matter if the councillor, or another person or entity mentioned in subsection (1), stands to gain a benefit or suffer a loss that is no greater than that of other persons in the local government area.(3)Subsection (1)(c) only applies to a councillor if the councillor knows, or ought reasonably to know, that the councillor’s parent, child or sibling stands to gain a benefit or suffer a loss.175C Councillor’s material personal interest at a meeting(1)This section applies if—

(a)a matter is to be discussed at a meeting of the local government or any of its committees; and

(b)the matter is not an ordinary business matter; and

(c)a councillor has a material personal interest in the matter.

(2)The councillor must—

(a)inform the meeting of the councillor’s material personal interest in the matter, including the following particulars about the interest—

(i)the name of the person or other entity who stands to gain a benefit, or suffer a loss, depending on the outcome of the consideration of the matter at the meeting;

(ii)how the person or other entity stands to gain the benefit or suffer the loss;

(iii)if the person or other entity who stands to gain the benefit or suffer the loss is not the councillor—the nature of the councillor’s relationship to the person or entity; and

(b)leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on.

Maximum penalty—

(a)if the councillor votes on the matter with an intention to gain a benefit, or avoid a loss, for the councillor or another person or entity—200 penalty units or 2 years imprisonment; or

(b)otherwise—85 penalty units.

(3)If a majority of the councillors at a meeting of the local government inform the meeting about a material personal interest in a matter under subsection (2)(a), the local government must delegate deciding the matter under section 257, unless deciding the matter can not be delegated under that section.(4)A councillor does not contravene subsection (2) by participating in the meeting, or being present while the matter is discussed and voted on, if the councillor’s participation or presence—

(a)is for the purpose of delegating deciding the matter under subsection (3); or

(b)is approved under section 175F and the councillor complies with the conditions of the approval.

175D Meaning of conflict of interest(1)A conflict of interest is a conflict that—

(a)is between—

(i)a councillor’s personal interests; and

(ii)the public interest; and

(b)might lead to a decision that is contrary to the public interest.

(2)However, a councillor does not have a conflict of interest in a matter—

(a)merely because of—

(i)an engagement with a community group, sporting club or similar organisation undertaken by the councillor in the councillor’s capacity as a councillor; or

(ii)membership of a political party; or

(iii)membership of a community group, sporting club or similar organisation if the councillor is not an office holder for the group, club or organisation; or

(iv)the councillor’s religious beliefs; or

(v)the councillor having been a student of a particular school or the councillor’s involvement with a school as a parent of a student at the school; or

(b)if the councillor has no greater personal interest in the matter than that of other persons in the local government area.

(3)Also, a councillor who is nominated by the local government to be a member of a board of a corporation or other association does not have a personal interest in matters relating to the corporation or association merely because of the nomination or appointment as a member.175E Councillor’s conflict of interest at a meeting(1)This section applies if—