Australian Capital Territory Current Acts

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ELECTORAL ACT 1992 - SECT 198AA

Meaning of gift—pt 14

    (1)     For this part, each of the following is a gift :

        (a)     a disposition of property made by a person to another person without consideration in money or money's worth or with inadequate consideration;

        (b)     the provision of a service (other than volunteer labour) for no consideration or inadequate consideration.

    (2)     For this part, if an annual subscription paid to a party by a person for the person's membership of the party is more than $250—the amount of the subscription that is more than $250 is a gift.

    (3)     However, for this part, none of the following is a gift :

        (a)     a disposition of property under a will;

        (b)     an annual subscription for membership of a party of $250 or less;

        (c)     if an annual subscription for membership of a party is more than $250—the first $250 of the subscription;

        (d)     a gift mentioned in subsection (1) if—

              (i)     the gift is given to an individual in a private capacity for the individual's personal use; and

              (ii)     the individual does not use the gift solely or substantially for a purpose related to an election;

        (e)     a payment under division 14.3 (Election funding) or division 14.3A (Administrative expenditure funding).

    (4)     In this section:

disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—

        (a)     the allotment of shares in a company; and

        (b)     the creation of a trust in property; and

        (c)     the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property; and

        (d)     the release, discharge, surrender, forfeiture or abandonment (at law or in equity) of any debt, contract or thing in action or of any interest in property; and

        (e)     the exercise by a person of a general power of appointment of property in favour of any other person; and

        (f)     a transaction entered into by a person with intent to diminish (directly or indirectly) the value of the person's own property and to increase the value of the property of any other person.

property includes money.

"volunteer labour"—

        (a)     for a member of a party—a member of a party provides volunteer labour to the party if the person provides a service to the party for no consideration or for inadequate consideration; or

        (b)     in any other case—a person provides volunteer labour to someone else (the recipient ) if the person provides a service to the recipient for no consideration or for inadequate consideration, other than a service for which the person usually charges a fee.



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