Constitution (Disclosures by Members) Regulation 2026

This regulation is the Constitution (Disclosures by Members) Regulation 2026.

This regulation commences on 1 September 2026.

The dictionary in Schedule 3 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

A form may be lodged electronically in a way approved by the following—

the Clerk,

the appropriate parliamentary committee.

A relevant portion of a form, required to be completed by a Member under this regulation, must be completed in accordance with the following directions and guidelines that are consistent with this regulation—

directions specified in the form,

guidelines issued or approved from time to time by the appropriate parliamentary committee for the Member, if any.

A Member, other than a re-elected Member, must, within one month after the date on which the Houses of Parliament first assemble after each general election (the first assembly date), lodge an interest disclosure return with the Clerk containing the disclosures required by Part 3.

A Member who was not a Member at the first assembly date must, within one month after the date on which the Member takes the pledge of loyalty or oath of allegiance required by the Act, section 12, lodge an interest disclosure return with the Clerk containing the disclosures required by Part 3.

A Member must, within one month, lodge a further interest disclosure return with the Clerk if—

a matter disclosed or required to be disclosed by Part 3 changes, or

a matter required to be disclosed by Part 3 arises, or

the Member becomes aware of a mistake in an interest disclosure return lodged by the Member.

A Member must complete only the part of the interest disclosure return that relates to the matter or mistake when the Member lodges a further interest disclosure return under subsection (1) about a matter or mistake.

A Member may also lodge an interest disclosure return with the Clerk if the Member wishes to make a disclosure about a matter under Part 3, Division 3.

A Member must, within one month after each 30 June, lodge an annual declaration with the Clerk stating that the register as at 30 June, to the best of the Member’s knowledge—

accurately compiles the information lodged in the Member’s interest disclosure returns, and

contains all the information required to be disclosed by the Member under this regulation.

Subsection (1) does not apply if the Member lodged the Member’s first interest disclosure return under section 5 in the 6 months before 30 June in the same year.

A reference in this part to a disclosure about real property, income, a corporation or another thing includes a reference to a disclosure about real property situated, income derived, a corporation incorporated or another thing arising or received outside New South Wales.

For this part, gifts or contributions to travel given, loans made or goods or services supplied to a Member by 2 or more corporations that are, for the Corporations Act 2001 of the Commonwealth, section 50, related to each other are taken to have been given, made or supplied by a single corporation.

A reference in this part to a description that is reasonably sufficient to identify a matter is a reference to a description that would enable a reasonable person to identify the nature or kind of matter.

A Member must disclose—

the address of each parcel of real property in which the Member has an interest, and

the nature of the interest in the parcel of real property.

Despite subsection (1)(a), a Member may disclose the following information about a parcel of real property in which the Member has an interest as an alternative to disclosing the address of the parcel if the parcel is used by the Member or a relative of the Member for residential purposes—

a statement that the parcel is, for the Member or relative of the Member—

the principal place of residence, or

a secondary place of residence,

the location of the parcel by suburb or area.

Despite subsection (1)(a), if a parcel of real property in which a Member has an interest is tenanted real property, the Member may, as an alternative to publicly disclosing the address of the parcel, disclose—

in Part A of an interest disclosure return—

a statement that the parcel is tenanted real property, and

the location of the parcel by suburb or area, and

in Part B of an interest disclosure return—the address of the parcel.

An interest in a parcel of real property is not required to be disclosed by a Member if—

the Member—

has the interest only in the Member’s capacity as the executor or administrator of the estate of a deceased person, and

is not a beneficiary under the will or intestacy, or

the Member—

has the interest only in the Member’s capacity as a trustee, and

acquired the interest in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member, or

the interest in the parcel of real property is disclosed under section 10.

A Member must disclose a trust if the Member—

has a beneficial interest in the trust, including a mere expectancy as a beneficiary of a discretionary trust, or

is a trustee of the trust.

The following information must be disclosed about the trust—

the name of the trust,

a description of the activities of the trust,

the nature of the interest the Member has in the trust,

the interests held by the trust, including interests in real property and investments.

A trust is not required to be disclosed by a Member under subsection (1)(b) if the Member is trustee—

as the executor or administrator of the estate of a deceased person and the Member is not a beneficiary under the will or intestacy, or

in the ordinary course of an occupation of the Member that is not related to the Member’s duties as a Member.

To avoid doubt—

trusts that are superannuation funds, whether public or self-managed, and listed investment trusts must be disclosed under this section, but

for a public superannuation fund where the Member has not elected to invest the interest in particular assets or classes of assets—the Member is not required to disclose a description of the activities of the trust under subsection (2)(b) or the interests held by the trust under subsection (2)(d).

Despite subsection (2)(d), a Member may give the following information about a parcel of real property in which a trust has an interest as an alternative to disclosing the address of the parcel if the parcel is used by the Member or a relative of the Member for residential purposes—

a statement that the parcel is, for the Member or relative of the Member—

the principal place of residence, or

a secondary place of residence,

the location of the parcel by suburb or area.

Despite subsection (2)(d), if a parcel of real property in which a trust has an interest is tenanted real property, the Member may, as an alternative to publicly disclosing the address of the parcel, disclose—

in Part A of an interest disclosure return—

a statement that the parcel is tenanted real property, and

the location of the parcel by suburb or area, and

in Part B of an interest disclosure return—the address of the parcel.

A Member must disclose the following—

the name and address of each corporation in which the Member has an interest or holds a position, whether remunerated or not,

the nature of the interest, or a description of the position held, in each named corporation,

except for a listed corporation—a description of the principal objects of each named corporation.

An interest, or position held, in a corporation is not required to be disclosed by a Member if the corporation is—

formed to provide recreation or amusement, to promote commerce, industry, art, science, religion or charity or for another community purpose, and

required to apply its profits, if any, or other income in promoting its objects, and

prohibited from paying dividends to its members.

A Member is not required to disclose a matter the Member would otherwise be required to disclose under this section if the Member has already made a disclosure about the matter when making a disclosure for section 14.

A Member must disclose—

the name of each trade union and each professional or business association in which the Member holds a position, whether remunerated or not, and

a description of the position held in each named union or association.