PRIME MINISTER
STATEMENT BY THE PRIME MINISTER, THE HON. P. J. KEATING, MP
DECLARATION OF INTERESTS
FollowIng the Opposi~ tion's preoccupation with declaration -s
of interest I have today asked the Government Leader in the
Senate to seek leave to reintroduce a resolution providing
for the registration and declaration of Senators' interests.
In doing so, I challenge the Leader of the Opposition to
instruct his party in the Senate to support the passage of
the resolution.
The Government has sought to have the resolution passed on
three previous occasions in 1983, 1986 and 1987. on each
occasion this reform was blocked by the Coalition.
If Dr Hewson fails to instruct his party to accept the
resolution in the Senate it will prove his protestations
about propriety in public office to be without substance.
my advice is that the earliest opportunity for the
Government to reintroduce the resolution would be Monday,
May 4.
I attach a copy of the resolution as put in 1987.
CANBERRA April 30, 1992 ntj, j-L 1 : 44 uico r U I I
SENATE JOIRA ~ 7Mrh18
No: 169 Page: 1680
REGISTRATION AND DECLARATION OF SENATORS' INTERESTSPROPOSED
RESOLUTION
The Manager of Government Business
( Senator Evans) at the request of the Leader
of the Government ( Senator Buttoni) and
pursuant to notlce, * moved-
That the -Senate adopt the following
resolution relating to the registration and
declaration of Senators' interests, such
resolution to continue in force unless amended
or repealed by the -Senate in this or a
subsequent Parliament:
1 Declaration of Senators' interests
That, within 28 days of making and
subscribing an ' oath or affirmation as a
Senator, each Senator shall provide to the
Registrar of Senators' Interests a statement ofthe
Senator's registrable interests; and
the registrable interests of. which the
Senator is aware of the Senators' spouse,-
and ( ii) of. any children* who are wholly or
Mainly dependent On the Senator for support,
in accordance with the resolution adopted by
the Senate and in a form'determined by the
Committee of Senators' Interests from time to
time, and shall also notify any alteration of*
those interests to the Registrar within 28 days
of that alteration occurring.
Any Senator whoknowingly
fails to provide a statement of
registrable interests to the Registrar of
Senators' Interests by the due date;
knowingly fails to notify any alteration of
those Interests to the Registrar of Senators'
Interests within 28 days of the change
occurring; or
knowingly provides false or misleading
information to the Registrar of Senators'
Interests, shall be guilty of a serious contempt of the
Senate and shall be dealt with by the Senate
accordingly. 2 Registrable interests
That the statement of a Senators registrable
interests to be provided by a Senator shall
include the registrable interests of which the
Senator is aware of the Senator's spouse;
and of any children who are wholly or
mainly dependent on the Senator for support,
and shall cover the following matters:
shareholdings in public and private
companies ( including holding companies)
indicating the name of the company or com panies; m t an no i e
c( ii) family and business tut n oie
* cnPartiesin which a beneficial interest is held,
indicating the name of-the trust, the nature of
its operation and beneficial interest, and
in which the Senator, the Senator's
spouse, or A child who is wholly or mainly
dependent on the Senator for support, is -a
trustee ( but not including a trustee of an
estate where no beneficial interest is held by
the Sen~ ator, the Senator's spouse or
dependent children), indicating the name of
the trust, the nature of its operation and the
beneficiary of the trust;
( iii) real estate, including the location ( suburb
or area only) and the purpose for which it is
owned; ( iv) registered directorships of companies;
partnershiips, indicating the nature of the
interests and the activities of the partnership,,
( vi) liabilities, indicating the nature of the
liability and the creditor concerned,
( vii) the nature of any bonds, debentures and
like investments;
( viii) saving or investment accounts,
indicating their nature and the name of the
bank or other institutions concerned;
( ix) the nature of any other assets ( excluding*
household and personal effects) each valued at
over $ 5,000;
Wx the nature of any other substantial
sources of incomie;
( xi) gifts valued at more than $ 250 received
fromn official sources, . or at more than $ 100
where received from other than official
. sources, provided that a gift received thy a
Senator, the Senator's'spouse or dependent
children,-from family members or personal
friends in a purely personal capacity need not
be registered unless the Senator judges that
an appearance of conflict of interest may be
seen to exist;
( xii) any sponsored travel or hospitality
received; ( xiii) membership of any Organisation; and
( xiv) any other interests where a conflict of
interest with a Senator's public duties could
foreseeably arise or be seen to arise.
3 Register and Registrar of Senators' Interests
Thatat the commencement of each Parliament,
and at other times as necessary, the President
17 March 1987
17 March 1987
shall appoint ' an officer of the Department of
the Senate as the Registrar of Senatori'
Interests and that -offcer shall also be
Secretary of the Committee of Senators'
Interests; Pb) the Registrar of Senators' Interests sha
in accordance with procedures determined by
the Committee of Senators' Interests,
maintain ak Register of Senators' Interests in a
form to be determined by that Committee
from time to time;
. as soon as possible after ' the
commencement of each Parliament, the
Chairman of the Committee of Senators'
Interests shall table in the Sonate a copy of
the completed Register of Senators' Interests
and shall also table from time to time as
required any notification by a Senator of
alteration of those interests; and
the Register of Senators iterests shall be
available for inspection by any person under
conditions to be laid down by the Committee
of Stenatoru Interests from time to timne.
4 Declaration of interest in debate and other
proceedings That, notwithstanding the lodgment by a
Senator of a statement of the Senatorts
registrable interests and the registrable
interests of which the Senator is aware of
the Senator's spouse; and of any children
who are wholly or mainly dependent on . the
Senator for support, and the incorpor-ation of
that statement in a Register of Senators'
Interests, a Senator shall declare any relevant
interestat the beginning of his or her speech if the
Senator should participate in debate in the
Senate, Committee of the whole Senate, or ' a
Committee of the Senate ( or of the Stnate and
the House), and*
00i as soon as practicable after a Division is
called for in the Senate, Committee of the
whole Senate, or a Committee of the Senate
( or of the Senate and the House) if the
Senator proposes to vote in that Division, and
the declaration shall be recorded and indexed
in the Journals of the Senate or inutes of
Pro~ eedings ( as applicable) and in any
Hansard report of those proceedings or that
Division: Provided that it shall not be necessary for a
Senator to declare an interest when directing
a question seeking information in accrdance
with Standing Order 98 or 98A.
Debate ensued.
Senator Mackin, by leave, moved-That the
Senate resolve itself into Committee of the
Whole for the consideration of the motion.
question put and passed.
The Senate, ' accordingly, resolved itself Into Committee for the consideration of. the
motion. In the Committee
Motion, by leave, taken as a whole and
debated. Senator Vigor ' moved an amendment, viz:*
Leave out all words after " Parliament" ( first
occurring), insert:
() That a Senator, before speaking in any
debate in the Senate or Committee -of the.
Whole or participating in any, proceedings of a
Committee appointed by the Senate or by both
Houses of the Parliament, and before voting
in. any Division in the Senate, Committee of
the Whole or such a Committee, declare any
interest of the Senator, or of any person
associated with the Senator, of which the
Senator is aware, which may be relevant to
that debate or Division or those proceedings.
That a declaration under paragraph ( 1 be
made orally to the Senate, Committee of the
Whole or such Committee, or by writing
delivered to the Clerk of the Senate, where the
declaration relates to the Senate or a
Committee or the Whole, or to the secretary of
the Committee, where it relates to such a
committee, and reported to the Senate,
Committee of the Whale or Committee.'
That a declaration under paragraph. be
recorded in the Journals of the Senate and
Hansard where the declaration is made in the
Senate or Committee of the Whole, and in
Minutes * of Proceedings where the declaration
is made in a committee.
That,* fo r the purposes of paragraph
an interest of a Senator shall be taken to be
relevant to a debate or Division or to
proceedings if the interest is such that the
interest may influence the conduct of the
Senator in the debate, Division or proceedings..
That, for the purposes of paragraph a
person shall be taken to be associated with a
Senator if an association between the person
and the Senator is such that the Senator may
have regard to an interest of that person in
determining the Senator's conduct as a
Senator. That the Senate will regard as guilty of a
serious contempt any Senator who knowingly
fails to comply with this resolution.".
And it being 10.30 The Chairman of
Committees ( Senator Hamer), under Sessional
Order, put the Question-That he do leave the
Chair and report to the enate.
Question put and passed.
ILL.
SENATE JOURNALS n P I 1 11 U