13Excessive benefit

13 Excessive benefit

(1)  An organisation must not permit an agent, contractor, officer or employee of that organisation to receive any benefit which is manifestly excessive if that benefit in whole or in part is derived from funds obtained by donation.

Penalty:  Fine not exceeding 100 penalty units.

(2)  In determining whether a benefit is manifestly excessive, a court must have regard to –

(a) the purpose of the organisation; and

(b) the income of the organisation; and

(c) the roles of the agents, officers or employees of the organisation; and

(d) the expenses incurred in the management of the organisation compared with –

(i) the purpose of comparable organisations; and

(ii) the income of comparable organisations; and

(iii) the roles of the agents, officers or employees of comparable organisations; and

(iv) the expenses incurred in the management of comparable organisations; and

(e) any other matter that the court considers relevant.