Queensland Consolidated Acts

ELECTORAL ACT 1992 - SECT 269

269 Deciding whether a gift or transfer is of Australian or foreign property

(1) For this subdivision (but without limiting the effect of subsections (2) and (3) )—

(a) a gift or transfer of property is a gift or transfer of Australian property if the property was Australian property immediately before the gift or transfer was made; and

(b) a gift or transfer of property is a gift or transfer of foreign property if the property was foreign property immediately before the gift or transfer was made.

(2) For this subdivision, if—

(a) a person (the
"donor" ) transfers foreign property (the
"primary transfer" ) to another person (the
"first recipient" ); and

(b) the donor’s main purpose in making the primary transfer is to enable (directly or indirectly) the first recipient, or another person, to make a gift to another entity (the
"ultimate recipient" ); and

(c) the first recipient, or another person, makes a gift (the
"ultimate gift" ) to the ultimate recipient; and

(d) the primary transfer enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate gift;

the ultimate gift is taken to be a gift of foreign property.

(3) For this subdivision, a gift or transfer is taken to be a gift or transfer of foreign property if—

(a) a person—

(i) changes the location of property so that it becomes Australian property; or

(ii) uses foreign property to acquire Australian property; and

(b) the person’s main purpose in changing the location of the property, or in acquiring the Australian property, was to enable the person to make a gift or transfer of property that would be Australian property rather than foreign property; and

(c) the person makes a gift or transfer of Australian property in accordance with that purpose.

(4) This subdivision applies to a gift or transfer of money made by use of a credit card as if the gift or transfer were of money standing to the credit of an account kept in the country in which the credit card is based.