form 2—register of interests of a councillor and their related … · form 2—register of...
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Form 2—Register of interests of a councillor and their related persons
Section 171B—Local Government Act 2009 This form is to be used:
for initial lodgement of your register of interests, or to amend your existing register of interests.
For a councillor – complete section A. For a councillor’s related person – complete sections A and B. Relevant sections in the Local Government Regulation 2012 have been indicated in italics.
1. Particulars
A. Particulars of councillor Full name: Donna Gates Local government: City of Gold Coast Position: Division 1 & Deputy Mayor City of Gold Coast
B. Particulars of related person Full name: William Warren Gates Relationship to councillor:
Husband
Signature and date of statement Date of statement: 18 February 2020 Signature of councillor:
Notes are available at the end of this document to assist you with completing your register of interests.
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 2 of 21
2. Financial and non-financial particulars
2.1 Shareholdings or controlling interests in corporations
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1. Name of corporation 2(a)
2. Controlling interest?
3. Shareholdings of the corporation in other corporations 2(b)
4. Is the proprietary company in which the shareholding is held, a holding company? 2(c) (if yes complete 2.2)
Not applicable
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 3 of 21
2.2 Shareholdings or controlling interests in corporations (continued)
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1. Name of proprietary company 2(c)
2. Company’s investments 2(c)(i)2(c)(ii)
3. Subsidiary to the holding company? 2(c)(ii)
4. Name of any investment of the subsidiary company. *see notes 2(c)(iii)
Not applicable
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 4 of 21
3. Positions held as an officer of corporations
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Name of corporation 3(a)
Nature of corporation’s activities 3(c)
Nature of office held 3(b)
Not applicable
4. Beneficial interests in trusts or nominee corporations
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Name (or description) of trust or corporation’s name 4(a)
Nature of activities of trust/corporation 4(b)
Nature of interest 4(c)
Not applicable
5. Self-managed superannuation fund
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Name or description of the fund 5(2)(a)
The nature of the activities of the fund 5(2)(b)
The investments or other interests in property held, of which the relevant person is aware, by the fund 5(2)(c)
Not applicable
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 5 of 21
6. Trustee of family or business trusts
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Name (or description) of trust 6(a)
Nature of activities of trust 6(b)
Name of each beneficiary or class of beneficiary 6(c)
Not applicable
7. Interests in partnerships and joint ventures
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Nature of activities of partnership/joint venture 7(b)
Nature of interest 7(c)
Not applicable
8. Interests in land
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Suburb or locality of land 8(a)
Approximate size of land 8(b)
Purpose for which land is used/intended to be used 8(c)
Nature of interest 8(d)
Bundall 857m² Family home Owner
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 6 of 21
9. Liabilities more than $10,000 (excluding department store and credit card accounts)
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Nature of liability 9(1)(a) Name of creditor 9(1)(b)
Mortgage Westpac
10. Debentures and similar investments
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Nature of corporation’s business 10(c)
Nature of investment 10(a)
Not applicable
11. Savings and investment accounts held with financial institutions
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Name of institution 11(b) Nature of account 11(a)
Westpac Bank Accounts 2 x Choice Accounts
2 x E Saver Accounts
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 7 of 21
12. Gifts over $500 or all gifts totalling more than $500
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Name of donor 12(1)(a) Description of the gift/s 12(1)(b)
Gold Coast Titans tickets Game day tickets
Gold Coast Arts Centre 1 x VIP annual double movie pass
Gold Coast Turf Club Race day tickets
Supercars VIP 2 x tickets (to present award to winners)
Bond University – Magic Millions Polo Day 1 x guest ticket
Women in Business Annual Awards Presentation and Ceremony Friday 20 October 2017 – My Jeweller Shop – presentation of Gift
As Presenter of Awards – Presented with a brooch, value unknown
GC600 Tickets Supercars Sat 21/10/17 (1 ticket) Sun 22/10/17 (2 tickets) Attended in capacity as Acting Mayor to present awards to winners
Gold Coast Tourism Guest Ticket – Guest of GC Tourism
TSS Business Breakfast – Minister Kate Jones Guest Speaker – Wed 8 Nov 2017
Gold Coast Titans Titans Game Sun 11 March 2018 (1 x ticket)
Gold Coast Titans Titans Game Sat 28 April 2018 (1 x ticket)
Gold Coast Titans Ball Movieworld Sat 23 June 2018
2 x tickets – attendance in capacity as Acting Mayor
Gold Coast Titans Titans v Broncos match Sun 8 Jul 2018 2 x tickets
GC Suns Guest of GC Suns Ladies Luncheon Event Fri 3 Aug
2018 (Surfers Marriott Hotel)
Gold Coast Titans Titans game Sat 1 Sep 2018 (2 x tickets)
Ray White real estate 2 x tickets to Ray White ball (The Star Hotel
Broadbeach) Sat 22 Sep 2018
The Australian Turf Club 2 x tickets (approx. cost $700) Randwick Race Course
– “Everest” Race Event Sat 13 Oct 2018
The Star Gold Coast VIP Magic Millions Polo Sun 6 Jan 2019 – 2x tickets
(Value $220 each) as Acting Mayor
Gold Coast Turf Club Ladies Day Sat 5 Jan 2019 – 2x tickets (value
unknown) as Acting Mayor
Magic Millions Launch party Tues 8 Jan 2019 – 3x tickets (value
unknown) as Acting Mayor
State Government Minister for Tourism / TEQ Magic Million Race Day Sat 12 Jan 2019 – 1x ticket as
Acting Mayor compliments of State Government (Minister for Tourism/ TEQ) (value unknown)
B C Currey 13.02.08 - $1000 donation
B C Currey 18.11.11 - $4170 donation
Australand Pty Ltd 25.02.08 - $1250 donation
Australand Pty Ltd 18.11.14 - $390 donation
C Kleinschmidt 29.02.08 - $900 donation
Coomera Kids 25.02.08 - $1250 donation
Darryll Woods 12.03.08 - $5000 donation
David Hansen 25.02.08 - $1000 donation
Estate E R Muntz 25.02.08 - $1250 donation
Gassman Development Perspectives 25.02.08 - $1250 donation
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 8 of 21
12. Gifts over $500 or all gifts totalling more than $500
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Name of donor 12(1)(a) Description of the gift/s 12(1)(b)
Gassman Development Perspectives 25.08.14 - $2240 donation
Gassman Development Perspectives 25.09.15 - $3700 donation
Gassman Development Perspectives 05.10.16 - $3700 donation –
REFUNDED $3700 30/12/2019 CHQ NO. 000044
Geoff Rudd 12.03.08 - $3000 donation
Gold Coast City Marina 25.02.08 - $3250 donation
Makan Holdings 25.02.08 - $1250 donation
Mirvac 04.03.08 - $775 donation
MUS Pty Ltd 25.02.08 - $5250 donation
Ner Securities 25.02.08 - $1250 donation
Olacard 25.02.08 - $500 donation
Olacard 10.10.14 - $1850 donation
R Lang Nominees 29.02.08 - $2000 donation
Youngland Pty Ltd 25.02.08 - $1250 donation
D Hughes 28.03.02 - $1000 donation
D Hughes 02.10.14 - $2500 donation
D Hughes 15.11.15 - $1000 donation
Hansen 19.08.11 - $1350 donation
Hansen 25.10.16 - $1850 donation
Hanwell 02.08.11 - $1350 donation
Hanwell 25.08.14 - $2500 donation
LM Investments 08.08.11 - $1350 donation
Place Design 15.08.11 - $1410 donation
Place Design 23.10.14 - $1850 donation
Place Design 10.11.16 - $1850 donation
REFUNDED $1850 30/12/2019 CHQ NO. 000053
R Wade 05.04.12 - $2000 donation
RPS Aust 12.08.11 - $675 donation
Vee Design 16.08.11 - $1350 donation
150 Public House 30.09.14 - $2500 donation
A Keith & Co 30.10.14 - $1850 donation
Australian Sheet Metal 08.10.14 - $1850 donation
Australian Sheet Metal 08.10.15 - $1850 donation
Beenleigh Yatala Chamber of Commerce 19.11.14 - $900 donation
Beenleigh Yatala Chamber of Commerce 25.11.14 - $1000 donation
Beenleigh Yatala Chamber of Commerce 25.11.14 - $730 donation
Beenleigh Yatala Chamber of Commerce 13.11.15 - $3310 donation
CCH Services 13.10.14 - $2500 donation
Cross Promotions 30.09.14 - $2500 donation
Cross Promotions 03.09.15 - $2500 donation
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 9 of 21
12. Gifts over $500 or all gifts totalling more than $500
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Name of donor 12(1)(a) Description of the gift/s 12(1)(b)
David Huth 18.11.14 - $390 donation
David Huth 24.09.15 - $390 donation
Don Rabinowe 01.10.14 - $195 donation
Don Rabinowe 06.10.15 - $780 donation
Don Rabinowe 02.11.16 - $390 donation
Gold Coast Marine Aquaculture 30.09.14 - $2500 donation
Gold Coast Marine Aquaculture 17.09.15 - $2500 donation
Gold Coast Marine Aquaculture 11.10.16 - $2500 donation
Hickey Lawyers 03.09.14 - $2500 donation
Hickey Lawyers 07.09.15 - $2500 donation
Hickey Lawyers 10.10.16 - $2500 donation
Homecorp Property 26.09.14 - $2500 donation
Homecorp Property 08.10.15 - $2500 donation
Homecorp Property 28.10.16 - $2500 donation –
REFUNDED $2500 30/12/2019 CHQ NO. 000055
Jason Hintz 16.10.14 - $1850 donation
Moxon Timbers 18.11.14 - $1850 donation
John Kearney 18.11.14 - $975 donation
John Kearney 28.10.15 - $1250 donation
John Kearney 11.11.15 - $195 donation
L J Hooker Ormeau 17.11.14 - $195 donation
L J Hooker Ormeau 01.10.15 - $2500 donation
Miniert Developments 09.09.14 - $780 donation
Miniert Developments 21.09.15 - $780 donation
Mitchell Bray 24.09.14 - $1950 donation
MJW Developments 07.11.14 - $1850 donation
MJW Developments 15.10.15 - $1850 donation
Dudley Monement 25.08.14 - $1850 donation
Dudley Monement 03.10.14 - $1850 donation
Nirvana Management 01.10.14 - $1850 donation
Nirvana Management 11.10.16 - $2500 donation
Planit 12.11.14 - $1560 donation
Planit 07.09.15 - $1850 donation
Planit 13.10.16 - $3700 donation –
REFUNDED $3700 30/12/2019 CHQ NO. 000047
R Towson & A Smith – C/- Gold Coast Turf Club
17.11.14 - $1950 donation
R Towson & A Smith – C/- Gold Coast Turf Club
13.11.15 - $1850 donation
Ramsay Health (John Flynn Private Hosp) 30.10.14 - $780 donation
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 10 of 21
12. Gifts over $500 or all gifts totalling more than $500
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Name of donor 12(1)(a) Description of the gift/s 12(1)(b)
Ramsay Health (John Flynn Private Hosp) 12.11.15 - $2500 donation
Ramsay Health (John Flynn Private Hosp) 28.10.16 - $2500 donation –
REFUNDED $2500 30/12/2019 CHQ NO. 000048
Ray Hackwood 05.11.14 - $1560 donation
Rix Developments 02.09.14 - $5000 donation
Rix Developments 18.09.15 - $2500 donation
Rix Developments 12.09.16 - $2500 donation –
REFUNDED $2500 30/12/2019 CHQ NO. 000054
Rosedale 09.10.14 - $585 donation
Sevdale 10.10.14 - $1850 donation
Sevdale 07.09.15 - $1850 donation
Sevdale 15.09.16 - $2500 donation
Sunland 11.11.14- $2500 donation
Sunland 11.09.15 - $2500 donation
Surfers Paradise RSL 13.11.14 - $975 donation
Thomsons Lawyers 03.10.14 - $$850 donation
Thomsons Lawyers 15.09.15 - $1850 donation
Tipalea 07.10.14 - $390 donation
Tipalea 28.09.15 - $390 donation
T J International 22.10.14 - $1170 donation
T J International 26.10.15 - $1250 donation
Urban Planning Services 02.09.14 - $1850 donation
Urban Planning Services 07.09.15 - $1850 donation
Urban Planning Services 09.09.16 - $1850 donation –
REFUNDED $1850 30/12/2019 CHQ NO. 000052
W H Heck & Sons 10.09.14 - $2500 donation
W H Heck & Sons 24.09.15 - $2500 donation
W H Heck & Sons 18.10.16 - $1850 donation
Arcadis 26.10.15 - $1850 donation
Arcadis 05.10.16 - $2500 donation –
REFUNDED $2500 30/12/2019 CHQ NO. 000046
Brandons Electrics 23.09.15 - $2500 donation
Brandons Electrics 29.10.15 - $780 donation
Brett Rokesky 07.10.15 - $780 donation
Brett Rokesky 05.10.16 - $390 donation
Calmmonth 14.10.15 - $1850 donation
Ecovale 28.10.15 - $1000 donation
Gold Coast Harness Racing 09.09.15 - $2500 donation
Halcyon 01.09.15 - $1170 donation
Halcyon 24.10.16 - $390 donation
Jeff Horsey 09.10.15 - $2500 donation
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 11 of 21
12. Gifts over $500 or all gifts totalling more than $500
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Name of donor 12(1)(a) Description of the gift/s 12(1)(b)
Jonathan Eade 26.10.15 - $1365 donation
Mark Pickford 03.10.15 - $1850 donation
PACE Universal 12.11.15 - $9500 donation
Polaris 13.11.15 - $390 donation
Polaris 18.11.15 - $390 donation
Rayjon 18.09.15 - $2500 donation
Rayjon 04.10.16 - $2500 donation
Recycling Developments 13.10.15 - $585 donation
Rivers Investment 01.10.15 - $585 donation
Roche Group 24.09.15 - $2500 donation
Rocky Point Mulching 06.10.15 - $390 donation
Rocky Point Mulching 14.09.16 - $1170 donation
Hurford Wholesale (W Wunce) 12.10.15 - $1850 donation
Zupp Property Group 21.09.15 - $2500 donation
Alvey Property Group 29.11.16 - $1500 donation
ASP Piling 24.10.16 - $1850 donation
Bruce Mitchell Builders Pty Ltd 04.11.16 - $2500 donation
Citigroup Pty Ltd 07.11.16 - $2500 donation
Coastal Tipper Hire 11.11.16 - $1850 donation
Empire Industrial Estate 24.10.16 - $2500 donation
Ingles 20.09.16 - $1850 donation
L J Hooker Brisbane Commercial 09.09.16 - $780 donation
Pickford Chiropractics 15.10.16 - $1850 donation
PPV Inlet Developments 11.10.16 - $2500 donation
Seymour Group 05.10.16 - $2500 donation –
REFUNDED $2500 30/12/2019 CHQ NO. 000050
Stephens Group 06.10.16 - $5000 donation
Villawood 20.10.16 - $1850 donation
Visual Diversity 03.11.16 - $1850 donation
Hickey Management 10.10.16 - $2500 donation
Robina Projects Australia Pty Ltd 06.09.16 - $2500 donation
Gold CoastTitans 1 x ticket Sun 17 March 2019 (Titans v Raiders)
match
Gold Coast Suns 1 x Family Pass Sat 11 May 2019
Gold Coast Suns 2 x tickets to the Chairman’s Lounge Gold Coast Suns (Acting Mayor) – Suns v Cats Sat 25 May 2019
The Star Broadbeach 1 x carpark swipe The Star Broadbeach (no commercial value) for occasional use on official duties
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 12 of 21
12. Gifts over $500 or all gifts totalling more than $500
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Name of donor 12(1)(a) Description of the gift/s 12(1)(b)
Gold Coast Titans Titans Game – 1 x ticket Sun 2 June 2019
Gold Coast Turf Club 2 x complimentary tickets 2019 Gold Coast Racing Industry Awards – Thur 15 Aug 2019 (GCTC Bundall)
Gold Coast Titans Palladium Club 1 x Ticket -
Titans v Dragons (Round 25) Sat 7 Sep 2019
Gold Coast Titans Gold Coast Titans Annual Awards Night – Fri
13 September 2019 (1 x ticket)
Ray White Ray White annual ball – Sat 14 September
2019 (2 x tickets)
GC600 Supercars GC600 Supercars – 2 x tickets
(1 x ticket Cr Gates, 1 x Advocacy Guest)
Gold Coast Turf Club 2 x Tickets to Director’s Room for the
Melbourne Cup Day Tuesday 5 November 2019
City of Gold Coast Invitation from Mayor Tom Tate to play in Pro Am Team Wed 18 Dec 2019 (as Acting Mayor) And Greg Norman Medal Dinner Tues 17 Dec 2019 (Speech as Acting Mayor)
RACV RACV Marquee Pass x 1 – Sat 21 Dec 2019
(Value unknown)
PGA and RACV Passes x 1 – Sun 22 Dec 2019 (Value
unknown)
Kaeko and Motoaki Omura 1 x Bottle Champagne (Value Unknown)
Swagman Motorhomes Guest 1 x ticket – Long White Lunch – Sun 8 December 2019 (Australian Outback Spectacular)
Cloudwatcher 18.11.2016 - $1200
REFUNDED $1200 ON 02/01/2020 CHQ NO. 000057
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 13 of 21
12. Gifts over $500 or all gifts totalling more than $500
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Name of donor 12(1)(a) Description of the gift/s 12(1)(b)
The following matters were removed by the office of the CEO in April 2016:
Gold Coast Arts Centre Double pass 2013, 2014
VIP double movie pass valid until 30 Jan 2017
L Biz Community News Column Column space when available
Sweet Sea News Column Monthly column
Body Science Reps Greg and Sharee Young Rugby tickets and promotional products
Café Alfons Luncheon tickets for 2016 campaign
Gold Coast Suns Guest 2 x Corporate VIP tickets to Big Day Out 19 January 2014
Bond University BMW Ball 2 tickets $250 each ($500)
QSport State of Origin Tickets 2 tickets $80 each ($160)
Jupiters Casino 2 x tickets to show “Bon Voyage” $59 each (total $118)
Gold Coast Turf Club
1 x Honorary Member Badge 1 x Honorary Member Guest Badge For the 2014/15 Financial Year (Full Membership is valued at $200 each)
V8 Supercars
As Acting Mayor 2 x Saturday tickets (for conducting presentation to place getters) 1 x Sunday ticket (for conducting presentation to place getters)
Gold Coast Turf Club 2 x tickets boardroom luncheon for Melbourne Cup Day (rep City of Gold Coast in capacity as Deputy Mayor)
Titans Rugby League Football Club 2 x tickets to the Titans Ball Sat 8/11/14 (complimentary tickets) cost $245 each
The Gold Coast Arts Centre VIP Double Movie Pass (Annual Pass 2015)
Gold Coast Titans Guest of Titans at Official Launch First Game Sat 7 March 2015
Gold Coast Titans Guest of Titans Hirers Suite: @Round 3, Sun 22 March 2015 @Round 7, Sat 18 April 2015
Gold Coast Titans Guest of Titans Hirers Suite @ round, Saturday 16 May 2015
Gold Coast Turf Club
1 x honorary member badge 1 x honorary member guest badge For the 2015 – 2016 financial year (Full membership is value at $200 each)
Titans Hirer Suite Guest Titans v Eels (Mon 3/8/15) Guest of Titans
Virgin Velocity Frequent Flyer Loyalty Card No commercial value, access to Virgin Lounge and priority check in
Titans Hirer Suite Guest Titans v Dragons (Sun 30/8/15) Guest of Titans
Gold Coast Titans Guest of Titans @ official launch first game Sunday 6 March 2016 Titans V Knights
Gold Coast Titans Guest of Titans @ Fri 1 April 2016 Titans v Broncos
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 14 of 21
13. Sponsored hospitality benefits
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Source of the contribution for travel or accommodation received 13(a)
Purpose of the benefit received 13(b)
Not applicable
14. Memberships of political parties, bodies, associations and trade or professional organisations
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Name of organisation 14 Address of organisation 14
Gold Coast Turf Club (Member) PO Box 5070 GCMC QLD 9726
Ormeau Bulldogs AFL Club (Life Member)
Commera Colts (Coomera Soccer Club) (Patron)
Viney Park, Yaun Street Coomera
15. Other assets over $5,000
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Details of other asset/s 15
Not applicable
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 15 of 21
16. Other sources of income more than $500 a year
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Source of income 16
Not applicable
17. Other financial or non-financial interests known to the relevant person that raise, appear to raise or could potentially raise, a conflict between the interest and your duty as a councillor
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Other Interests 17
Donna Gates Campaign Account – Bank of Queensland
Colliers International (Shared Table with Robina Projects Donna Gates Race Day 2016)
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 16 of 21
General notes
Adding a particular Place a cross in the ‘add’ box in the left hand column when adding a new particular to your register of interests. Removing a particular Place a cross in the ‘remove’ box in the left hand column when removing a particular from your register of interests. If there is insufficient space on this form for all of the details you are required to give you may attach additional papers for that purpose. You must sign and date each additional paper. When completing this form, insert the words ‘not applicable’, where appropriate. The completed form (with an envelope marked ‘confidential’) is to be sent, within 30 days of commencement of duty or any changes of circumstances to the chief executive officer of your local government. Related persons A person related to a councillor need not include information regarding an interest held jointly or in common with the councillor which is already included in the councillor’s register of interests. Section notes The header of each field includes a reference in italics to the relevant section in Schedule 5 of the Local Government Regulation 2012. The following notes may assist you with completing your register of interests.
# Notes Definitions 1 If a councillor, complete section A.
If a related person to a councillor, complete section A and B.
A related person is a spouse, a dependent child or someone whose affairs are so closely connected with the affairs of a councillor, chief executive officer or senior executive employee, that a benefit derived by that person, or a substantial part of it, could pass to the councillor, chief executive officer or senior executive employee.
2 2.1 1. If relevant person is a shareholder or has a
controlling interest in a corporation state the name of the corporation.
2. If the relevant person holds a controlling
A Corporation includes— a company, any body corporate (whether incorporated
in this jurisdiction or elsewhere), and an unincorporated body that under the law
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 17 of 21
# Notes Definitions interest in the corporation tick the box.
3. List the shareholdings of the corporation in any other corporation/s.
4. If any of the shareholdings are held in a proprietary company/s tick the box and move on to section 2.2
2.2 1. State the name of the proprietary company/s. 2. List any investments of the proprietary
company/s. 3. If any of the investments are a subsidiary to the
proprietary company tick the box. 4. In column four list the investments of the
subsidiary company you have listed in column two and if the investments include a subsidiary to that company, state the name of the company or its investment(s)—you may need to provide this information in a separate signed attachment.
The number or monetary value of shares does not need to be stated. The monetary value of investments does not need to be stated.
of its place of origin, may sue or be sued, or may hold property in the name of its secretary or of an office holder of the body duly appointed for that purpose.
Holding company—in relation to a body corporate, means a body corporate of which the first body corporate is a subsidiary. Proprietary company—A proprietary company is a company that is registered as, or converts to, a proprietary company under the Corporations Act 2001. Share means any of the following: a share in the share capital of the
corporation, stock, a convertible note, or an option contract. Subsidiary—A body corporate is a subsidiary of another body corporate if, and only if: the other body:
o controls the composition of the first body’s board ,or
o is in a position to cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the first body, or
o holds more than one-half of the issued share capital of the first body (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital), or
the first body is a subsidiary of a subsidiary of the other body.
3 Complete if you are an officer of a corporation, including if you are an officer of any corporations you have stated in section 2.
Officer of a corporation means: a director or secretary of the corporation; or a person:
o who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation, or
o who has the capacity to affect significantly the corporation’s
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 18 of 21
# Notes Definitions financial standing, or
o in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person’s professional capacity or their business relationship with the directors or the corporation), or
a receiver, or receiver and manager, of the property of the corporation, or
an administrator of the corporation, or an administrator of a deed of company
arrangement executed by the corporation, or
a liquidator of the corporation, or a trustee or other person administering a
compromise or arrangement made between the corporation and someone else.
4 If providing a description of the trust or nominee corporation, the description must be sufficient to identify the trust or corporation. The monetary value of beneficial interests does not need to be stated.
Trust—does not include the duties incidental to an estate conveyed by way of mortgage, but with that exception trust extends to implied, resulting, bare and constructive trusts, and to cases where the trustee has a beneficial interest in the trust property, and to the duties incidental to the office of a personal representative. Nominee corporation—means a corporation whose principal business is holding marketable securities as a trustee or nominee.
5 Complete if you are a trustee of the fund or, if the trustee of the fund is a corporation, a director of the trustee.
Director—see the Corporations Act 2001.
6 If providing a description of the trust, the description must be sufficient to identify the trust.
Trust—does not include the duties incidental to an estate conveyed by way of mortgage, but with that exception trust extends to implied, resulting, bare and constructive trusts, and to cases where the trustee has a beneficial interest in the trust property, and to the duties incidental to the office of a personal representative.
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 19 of 21
# Notes Definitions 7 If providing a description of the partnership or joint
venture, the description must be sufficient to identify the partnership or joint venture.
Joint venture—business enterprise for which two or more parties join forces (not necessarily in partnership or by the formation of a company). Partnership—the legal relationship of persons carrying on some business together with a view to profit (provided that they are not members of an incorporated body).
8 Includes any land leased, owned or mortgaged, whether the interest is held alone, jointly or in common with any other person. Examples of property where you may hold an interest: Residential property leased, owned or mortgaged by you which may be your place of residence or where you have established a business. Commercial property leased, owned or mortgaged by you which may be where you have established a business. Residential property where you are the lessor of a property to another party. Commercial property where you are the lessor of a property to another party. For privacy reasons, if the lessee is a corporation, state the name of the corporation (individuals do not need to be stated). Investment property—property held for capital gain (not leased or inhabited). Native Title land—granted or where an application is pending. The full street address of the property does not need to be stated. The monetary value of investments or beneficial interests does not need to be stated.
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 20 of 21
# Notes Definitions 9 Amounts of $10,000 or less do not need to be
disclosed. The debt does not need to be disclosed if it arises from the supply of goods or services supplied in the ordinary course of your business or the business of a trust or private company. The financial amount of liabilities does not need to be stated. A line of credit does not need to be disclosed until such time as it is used.
Private company—means a proprietary company in which a relevant person holds securities. Trust—means a trust of which a relevant person is a beneficiary.
10 May include such investments as a term life insurance policy where a return of the policy’s premium may occur. The monetary value of investments does not need to be stated.
Debenture—see the Corporations Act 2001.
11 The account number of, or financial amounts held in, savings or investment accounts do not need to be stated.
12 This does not include gifts received from related persons or other persons related by blood or marriage or friends. Includes election donations made to an individual councillor and election donations made to a group of candidates of which the councillor is associated with.
Gift means either of the following— the transfer of money or other property: without consideration, or for a consideration substantially less than full consideration, or a loan of money or other property made on a permanent or indefinite basis, other than an overdraft facility.
13 This does not include incidental travel or accommodation that involve little to no value. For example, sleeping a night at a family or friend’s house or car pooling arrangements.
A person receives a sponsored hospitality benefit if— the person, other than in an official capacity— undertakes travel, or uses accommodation, and a contribution, whether financial or non-financial, for the cost of the travel or accommodation is made by another person. Note: A person does not however receive a sponsored hospitality benefit if the contribution was made by the person’s spouse, or other family member or friend unless there could be a perception of a conflict of interest, financial or otherwise, relating to the contribution.
14 Includes honorary patrons, honorary members etc.
Form 2 – Register of interests of a councillor and their related persons Version no: October 2018 Page 21 of 21
# Notes Definitions 15 This excludes:
household and personal effects, motor vehicles used mainly for personal use, and superannuation entitlements.
16 Includes income of a proprietary company and of trusts in which the relevant person has an interest. Includes any employment where earnings are more than $500 per year.
17 The particulars required for each other interest of a relevant person are sufficient details of the interest to identify it.
Interest, of the relevant person, means a financial interest or non-financial interest—
of which the relevant person is aware, and
that raises, appears to raise, or could raise, a conflict between the relevant person’s duty under the Act and the holder of the interest.
Important note
Failure to complete or update a register of interests can give rise to an offence, with associated penalties to a maximum of 85 penalty units, or 100 penalty units if a councillor intentionally fails to complete or update their register of interest, and/or disqualification from holding office as a councillor for four years. If you are unsure of your obligations with respect to registers of interest, it is strongly recommended that you seek independent professional advice to clarify your understanding of your obligations.
Further information
When completing this form, you should refer to the Local Government Act 2009 (the Act) and the Local Government Regulation 2012 (the Regulation) relating to the disclosure and registration of interests for a councillor and their related persons. See www.legislation.qld.gov.au for a copy of the Regulation and the Act.