The Senate resolves that the following
procedures apply for the declaration by senators of their receipt of any gift
intended by the donor to be a gift to the Senate or the Parliament:
(a) Any senator, including any
Senate office holder and any senator who is a leader or a member of a
parliamentary delegation, who in any capacity receives any gift which is
intended by the donor to be a gift to the Senate or the Parliament must, as
soon as practicable, place the gift in the custody of the Registrar of
Senators’ Interests and declare receipt of the gift to the Registrar.
(b) A gift is to be taken as
intended to be a gift to the Senate or the Parliament where:
(i) the donor expressly states that the
gift is to the Senate or to the Parliament; or
(ii) the identity of the donor, the
nature of the occasion, or the intrinsic significance or value of the gift is
such that it is reasonable to assume that the gift was intended for the Senate
or the Parliament.
(ba) In the absence of express
intent, it will not be assumed that a gift was intended for the Senate or the
Parliament where the gift has a value below the following thresholds:
(i) $750 when given by
an official government source; or
(ii) $300 when given by
a private person or non-government body on any occasion when the senator is
present in his or her capacity as a senator, Senate office holder or delegation
leader or member.
(bb) In the absence of express
intent, it will not be assumed that a gift was intended for the Senate or the
Parliament merely because the gift has a value above those thresholds.
(c) The Registrar of Senators’
Interests is to maintain a public Register of Gifts to the Senate and the
Parliament.
(d) The Committee of Senators’
Interests is to recommend to the President whether, and how, the gift may be
used or displayed in Parliament House, including in the office of any senator,
or used or displayed on loan elsewhere, including in a museum, library,
gallery, court building, government building, government office or other place.
(e) Where a gift given to a
senator is intended to be for the Parliament, the President is to consult with
the Speaker prior to agreeing to a recommendation of the committee as to its
use, display or loan.
(f) Where the President disagrees
with a recommendation of the committee, the President is to report the
disagreement to the Senate, which may determine the use, display or loan of the
gift in question.
(g) In making recommendations
the committee is to take into account the intention of the Senate that gifts
are to be used, displayed or loaned in a way which:
(i) reflects proper respect for the
intentions of the donor and the dignity of the Senate or the Parliament;
(ii) recognises the interest of the
public in gifts to the Senate or the Parliament; and
(iii) takes account of practical issues
including space, custody, preservation and propriety in the use, display or
loan of such gifts.
(h) Where a senator is
uncertain of the nature of a gift the senator may request advice from the committee.
(i) When a senator who is
using or displaying a gift ceases to be a senator, the senator may retain the
gift:
(i) if its value does not exceed the
stated valuation limits of $750 for a gift received from an official government
source, or $300 from a private person or non-government body; or
(ii) if the senator elects to pay the
difference between the stated valuation limit and the value of the gift, as
obtained from an accredited valuer selected from the list issued by the
Committee for Taxation Incentives for the Arts. The Department of the Senate
will be responsible for any costs incurred in obtaining the valuation.
(j) If the senator does not
retain the gift in accordance with paragraph (i), the senator must return the
gift to the Registrar, who shall:
(i) dispose of it in accordance with
instructions from the Committee of Senators’ Interests, as set out in paragraph
1(d) of this resolution; or
(ii) arrange its donation to a nominated
non-profit organisation or charity, at the discretion of the senator who has
returned the gift and the Committee of Senators’ Interests.
(k) Any senator subject to
paragraph (j) must formally acknowledge relinquishment of the senator’s claim
to ownership of any surrendered gifts.
(l) Where a senator disagrees
with the advice of the committee the senator is to report the disagreement to
the Senate, which may determine the nature of the gift and its use, display or
loan, if any.
(m) In paragraph (1) a
reference to a gift to the Parliament includes a gift given to a senator for
the House of Representatives.
(2) This resolution applies to a gift
received by the spouse, family member or staff member of a senator on any
occasion when the senator is present in his or her capacity as a senator,
Senate office holder or delegation leader or member, as if the gift had been
received by the senator.
is guilty of a serious contempt of
the Senate and is to be dealt with by the Senate accordingly, but the question
whether any senator has committed such a contempt is to be referred to the
Privileges Committee for inquiry and report and may not be considered by any
other committee.
(26 August 1997
J.2324, amended 8 December 1999 J.2212, 15 September 2003 J.2365)
