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REGISTER OF SENATORS' INTERESTS

Order of the day read for the adjourned debate on the motion of the

Leader of the Government in the Senate (Senator Gareth Evans)--

1.(1) That, within 14 sitting days after the adoption of this

resolution by the Senate and 28 days of making and subscribing

an oath or affirmation of allegiance as a Senator, each Senator

shall provide to the Registrar of Senators' Interests a

statement of:

(a) the Senator's registrable interests; and

(b) the registrable interests of which the Senator is aware:

(i) of the Senator's spouse, and

(ii) of any children who are wholly or mainly dependent on

the Senator for support;

in accordance with this resolution 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.

(2) That any Senator who:

(a) knowingly fails to provide a statement of registrableinterests

to the Registrar of Senators' Interests by the due date;

(b) knowingly fails to notify any alteration of those interests to

the Registrar of Senators' Interests within 28 days of the

change occurring; or

(c) 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. That statements of the registrable interests of a Senator's spouse or

of any dependent children submitted in accordance with paragraph (1)

shall be maintained in a separate part of the Register and shall remain

confidential to the Committee of Senators' Interests except where the

Committee considers that a conflict of interest arises, at which time

the Committee may table the declaration.

Registrable interests

3. That the statement of a Senator's 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:

(a) shareholdings in public and private companies (including

holding companies) indicating the name of the company or

companies;

(b) family and business trusts and nominee companies:

(i) in which a beneficial interest is held, indicating the

name of the trust and the nature of its operation and

beneficial interest, and

(ii) 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

Senator, the Senator's spouse or dependent children),

indicating the name of the trust, the nature of its

operation and the beneficiary of the trust;

(c) real estate, including the location (suburb or area only) and

the purpose for which it is owned;

(d) registered directorships of companies;

(e) partnerships, indicating the nature of the interests and the

activities of the partnership;

(f) liabilities, indicating the nature of the liability and the

creditor concerned;

(g) the nature of any bonds, debentures and like investments;

(h) saving or investment accounts, indicating their nature and the

name of the bank or other institutions concerned;

(i) the nature of any other assets (excluding household and

personal effects) each valued at more than $5 000;

(j) the nature of any other substantial sources of income;

(k) gifts valued at more than $500 received from official sources

(such sources being an Australian or foreign national, State,

provincial or local Government or a person holding an office

in such a Government) or at more than $100 where received from

other than official sources, provided that a gift received by

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;

(l) any sponsored travel or hospitality received;

(m) being an officeholder of or financial contributor donating

over $100 in any single calendar year to any organisation; and

(n) any other interests where a conflict of interest with a

Senator's public duties could foreseeably arise or be seen to

arise.

Register and Registrar of Senators' Interests

4. That:

(a) at the commencement of each Parliament, and at other times as

necessary, the President shall appoint an officer of the

Department of the Senate as the Registrar of Senators'

Interests and that officer shall also be Secretary of the

Committee of Senators' Interests;

(b) the Registrar of Senators' Interests shall, in accordance with

procedures determined by the Committee of Senators' Interests,

maintain a Register of Senators' Interests in a form to be

determined by that Committee from time to time;

(c) as soon as possible after the commencement of each Parliament,

the Chairman of the Committee of Senators' Interests shall

table in the Senate a copy of the completed Register of

Senators' Interests and shall also table every six months any

notification by a Senator of alteration of those interests;

(d) the Register of Senators' Interests shall be available for

inspection by any person under conditions to be laid down by

the Committee of Senators' Interests from time to time; and

(e) that part of the Register of Senators' Interests relating to

spouses and dependent children shall remain confidential to

the Committee of Senators' Interests as provided for in

paragraph 2.

And on the amendment moved by Senator Baume--At end of motion, add "but

the Senate condemns the Prime Minister (Mr Keating) for filing a grossly

misleading declaration of interests, and calls on him to table in the

Parliament a full and proper account of his beneficial ownership of

substantial assets and liabilities in order for the public to be able to

judge the extent of his potential conflicts of interest".

Debate resumed.

Question--That the amendment be agreed to--put.

The Senate divided--

AYES, 31

Abetz Baume Boswell Brownhill Campbell Chapman Crichton-Browne Ellison Ferguson Gibson Herron Hill Kemp Knowles Macdonald, Ian Macdonald, Sandy MacGibbon McGauran Newman O'Chee Panizza (Teller) Parer Patterson Short Tambling Teague Tierney Troeth Vanstone Watson Woods

NOES, 36

Beahan Bell Bolkus Bourne Burns (Teller) Carr Chamarette Childs Coates Collins Colston Cook Coulter Crowley Devereux Evans, Christopher Evans, Gareth Faulkner Harradine Jones Kernot Lees Loosley McKiernan Margetts Murphy Neal Ray Reynolds Richardson Schacht Sherry Spindler West Woodley Zakharov

Question negatived.

On the motion of the Leader of the Opposition in the Senate (Senator

Hill) the following amendment was agreed to:

Subparagraph 1(2), at end of subparagraph, add:

", but the question whether any senator has committed such a serious

contempt shall first be referred to the Privileges Committee for

inquiry and report and may not be considered by any other committee".

Senator Hill moved the following amendment:

Subparagraph 3(l), at end of subparagraph, add:

"where the value of the sponsorship or hospitality exceeds $500".

Senator Bourne moved the following amendment to Senator Hill's proposed

amendment:

Omit "exceeds $500", substitute "exceeds $200".

Question--That Senator Bourne's amendment to Senator Hill's proposed

amendment be agreed to--put and passed.

Question--That the amendment, as amended, be agreed to--put and passed.

Senator Hill moved the following amendment:

Subparagraph 3(m), omit "$100", substitute "$500".

Question--That the amendment be agreed to--put and negatived.

Senator Hill moved the following amendment:

Subparagraph 3(n), omit "any other interests", substitute "any other

pecuniary interests".

Question--That the amendment be agreed to--put and negatived.

On the motion of Senator Hill the following amendment was agreed to:

After paragraph 4, add the following paragraph:

"Declaration of interest in debate and other proceedings

5. That, notwithstanding the lodgment by a senator of a statement of

the senator's registrable interests and the registrable interests of

which the senator is aware (a) of the senator's spouse; and (b) of any

children who are wholly or mainly dependent on the senator for

support, and the incorporation of that statement in a Register of

Senators' Interests, a senator shall declare any relevant interest:

(a) at the beginning of his or her speech if the senator

participates in debate in the Senate, committee of the whole

Senate, or a committee of the Senate or of the Senate and the

House of Representatives, and

(b) 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 of Representatives, if the

senator proposes to vote in that division;

and the declaration shall be recorded and indexed in the Journals of the

Senate or minutes of proceedings of the committee and in any Hansard

report of those proceedings or that division, but it shall not be

necessary for a senator to declare an interest when directing a question

seeking information in accordance with standing order 72 or 74.".

On the motion of Senator Hill the following amendment was agreed to:

After proposed paragraph 5, add the following paragraph:

"Interpretation

6.(1) For the purposes of paragraphs 1 to 5 of this resolution

"spouse" includes de facto spouse.

(2) "De facto spouse" means a person who is living with another

person of the opposite sex as the spouse of that other person on

a bona fide domestic basis although not legally married to that

other person.".

Main question, as amended, put and passed.