13Disqualifications
(1)
Any person who directly, or indirectly, himself,
or by any person whatsoever in trust for him or for his use or benefit or on
his account, undertakes, executes, holds, or enjoys in the whole or in part
any contract or agreement for or on account of the Public Service of New South
Wales shall be incapable of being elected or of sitting or voting as a Member
of the Legislative Council or Legislative Assembly during the time he
executes, holds or enjoys any such contract or any part or share thereof or
any benefit or emolument arising from the same.
(2)
If any person being a Member of such Council or
Assembly enters into any such contract or agreement, or, having entered into
it, continues to hold it, his seat shall be declared by the said Legislative
Council or Legislative Assembly, as the case may require, to be vacant, and
thereupon the same shall become and be vacant
accordingly.
(3)
Provided that nothing in subsection (1) or (2)
contained shall extend to any contract or agreement made, entered into, or
accepted by any incorporated company, or any trading company consisting of
more than twenty persons, where such contract or agreement is made, entered
into, or accepted, for the general benefit of such incorporated or trading
company.
(4)
It is hereby declared that nothing in subsection
(1) or (2) extends to:
(a)
a contract or agreement for or in respect of a
loan to the Treasurer or to a body authorised to borrow by Act of
Parliament,
(b)
a contract or agreement the benefit or burden of
which or any interest in which devolves upon a person:
(i)
as beneficiary under a will or as a person
entitled to share in the estate of an intestate—until he has been in
possession of the benefit, burden or interest, as the case may be, for one
year from the date of commencement of the Constitution (Amendment) Act
1962 or from the date of the devolution, whichever is the
later date,
(ii)
as executor, administrator or trustee—until
he has been in possession of the benefit, burden or interest, as the case may
be, for three years from the date of commencement of the Constitution (Amendment)
Act 1962 or from the date of the devolution, whichever is
the later date,
(c)
a compromise or settlement in respect of
compensation or other money payable by Her Majesty or a statutory body
representing Her Majesty,
(d)
a lease, licence for occupation, sale, purchase
or exchange of land, or a contract or agreement for such a lease, sale,
purchase or exchange or for the occupation of land or for an easement; or a
gift or an agreement for a gift by any person of land to or for Her Majesty or
a statutory body representing Her Majesty,
(e)
a contract or agreement for the supply or
provision by or to or for Her Majesty or a statutory body representing Her
Majesty of goods, wares or merchandise or services (including the provision of
insurance or indemnity) where the goods, wares or merchandise or services
(including the provision of insurance or indemnity) are supplied or provided
on the like terms as those on which they are ordinarily supplied or provided
to members of the public,
(f)
a loan by Her Majesty or a statutory body
representing Her Majesty to any person upon the security of a mortgage, bill
of sale, lien or other security upon and subject to the like terms as those
ordinarily imposed by Her Majesty or the statutory body on loans made to
members of the public.
Notice of any such compromise or settlement as is
referred to in paragraph (c) that takes place after the commencement of the
Constitution (Amendment) Act 1962 shall
be published in the Gazette within two months from the date of the compromise
or settlement, as the case may be.
(4A)
Nothing in:
(a)
subsection (1) applies so as to prevent a person
who holds an office of profit under the Crown or has a pension from the Crown
during pleasure or for a term of years from being elected or of sitting or
voting as a Member of either House of Parliament, or
(b)
subsection (2) requires or permits the seat of a
Member of either House of Parliament who accepts such an office or such a
pension to be declared to be, or to become or be,
vacant,
by reason only of his holding or accepting that office
of profit or his having or accepting that pension.
(4B)
In subsection (4A), office of
profit under the Crown includes any office or place of
profit under the Crown which, by any Act, is declared or deemed not to be an
office or place of profit under the Crown for the purposes of any Act or of
this Act, whether in those terms or in terms to the like
effect.
(5)
In this section, statutory
body representing Her Majesty includes any statutory body
that is part of, or that exercises any function that is a function of, the
Public Service of New South Wales.
s 13: Am 1933 No 2,
sec 4 (4); 1962 No 39, sec 2 (a); 1980 No 13, Sch 1 (1).
13BOffice of profit or pension
from Crown
(1)
A person:
(a)
holding an office of profit under the Crown,
or
(b)
having a pension from the Crown during pleasure
or for a term of years,
shall not, if he is elected as a Member of either House
of Parliament, be capable of sitting and voting as a Member of the House to
which he is elected, and his seat as a Member shall become vacant, after the
expiration of the period commencing with his election and ending on the
expiration of 7 sitting days of that House after notice of his holding that
office or having that pension has been given to that House in accordance with
its Standing Rules and Orders, unless that House has previously passed a
resolution indicating that it is satisfied that that person has ceased to hold
that office or, as the case may be, that the right of that person to that
pension has ceased or is suspended while he is a Member of that
House.
(2)
If a Member of either House of Parliament accepts
any office of profit under the Crown or pension from the Crown during pleasure
or for a term of years, his seat as a Member of that House shall become vacant
upon the expiration of the period commencing with his acceptance of the office
or the pension and ending on the expiration of 7 sitting days of that House
after notice of his accepting that office or pension has been given to that
House in accordance with its Standing Rules and Orders, unless that House has
previously passed a resolution indicating that it is satisfied that that
Member has ceased to hold that office or, as the case may be, that the right
of that Member to that pension has ceased or is suspended while he is a Member
of that House.
(3)
Notwithstanding subsection (1) or (2):
(a)
a person:
(i)
who holds or accepts any of the offices
enumerated in the Second Schedule or any office of profit under the Crown
created by an Act as an office of the Executive
Government,
(ii)
who holds or accepts an office of profit under
the Crown in respect of which he is not entitled to any remuneration, except
either fees payable to him, as a member of a body, in respect of his
attendance at meetings of that body or an allowance for reasonable expenses
incurred or to be incurred in carrying out the duties of the office, or both
those fees and such an allowance,
(iii)
who holds or accepts an office of profit under
the Crown, other than the Crown in right of the State of New South Wales, but
not being an office as a member of any legislature of a country other than New
South Wales, or
(iv)
who has or accepts a pension, referred to in
subsection (1) (b) or (2), from the Crown, other than the Crown in right of
the State of New South Wales,
shall be capable of being elected and of sitting and
voting as a Member of either House of Parliament,
(b)
a person who holds or accepts the office of
Vice-President of the Executive Council shall be capable of being elected and
of sitting and voting as a Member of the Legislative Council,
and
(c)
a person who holds or accepts the office of
Parliamentary Secretary shall be capable of being elected and of sitting and
voting as a Member of the Legislative Assembly.
(4)
For the purposes of subsections (1) and (2),
sitting days shall be counted, whether or not they occur during the same
session of Parliament.
s 13B: Ins 1978 No
75, Sch 1 (7). Am 1980 No 13, Sch 1 (2).
14ADisclosure of pecuniary
interests and other matters by Members
(1)
The Governor may, subject to subsections (4) and
(5), make regulations for or with respect to:
(a)
the disclosure by Members of either House of
Parliament of all or any of the following pecuniary interests or other
matters:
(i)
real or personal property,
(ii)
income,
(iii)
gifts,
(iv)
financial or other contributions to any
travel,
(v)
shareholdings or other beneficial interests in
corporations,
(vi)
partnerships,
(vii)
trusts,
(viii)
positions (whether remunerated or not) held in,
or membership of, corporations, trade unions, professional associations or
other organisations or associations,
(ix)
occupations, trades, professions or
vocations,
(x)
debts,
(xi)
payments of money or transfers of property to
relatives or other persons by, or under arrangements made by,
Members,
(xii)
any other direct or indirect benefits, advantages
or liabilities, whether pecuniary or not, of a kind specified in the
regulations,
(b)
prescribing the manner in which, and the times at
which, pecuniary interests or other matters shall be disclosed and providing
for the verification by statutory declaration or otherwise of any such
disclosure, and
(c)
the compilation and maintenance of registers of
pecuniary interests or other matters disclosed by Members of either House of
Parliament and the inspection and publication of any such
register.
(2)
If a Member of either House of Parliament
wilfully contravenes any regulation made under subsection (1), that House may,
in accordance with subsection (3), declare his seat vacant and the seat of the
Member shall thereupon become vacant.
(3)
A declaration under subsection (2) shall:
(a)
specify the circumstances that constitute the
contravention,
(b)
declare that the House is of the opinion that the
contravention is of such a nature as to warrant the seat of the Member being
declared vacant, and
(c)
be made in accordance with such Standing Rules
and Orders of the House as may regulate the making of the
declaration.
(4)
A regulation shall not be made under subsection
(1) for or with respect to the disclosure by Members of either House of
Parliament of pecuniary interests or other matters unless it applies in the
same way to the disclosure by Members of the other House of Parliament of
pecuniary interests or other matters.
(5)
The Governor shall, before making a regulation
under subsection (1):
(a)
afford any committee of either House of
Parliament established for the purpose an opportunity of considering and
making representations with respect to the proposed regulation,
and
(b)
take into account any such
representations.
(6)
Notwithstanding anything to the contrary in the
Interpretation Act 1897 or any other
Act, a regulation made under subsection (1), or any part thereof, shall not
cease to have effect upon its disallowance by either House of Parliament
unless it has previously been disallowed by the other House of
Parliament.
(7)
The publication, pursuant to any regulation made
under subsection (1), of a register of pecuniary interests or other matters
disclosed by Members of either House of Parliament shall, for the purpose of
the Parliamentary Papers (Supplementary Provisions) Act
1975, be deemed to have been authorised by that
House.
s 14A: Ins 1981 No
103, Sch 1 (2).