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Electoral Act 2004
3AMeaning of gift
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3A Meaning of gift
(1) A gift means any disposition of property made by a person to
someone else without consideration in money or money's worth or
with inadequate consideration, and includes providing a service for
no consideration or for inadequate consideration, but does not
include:
(a) a disposition of property by will; or
(b) an annual subscription paid to a registered party by a person
for the person's membership of the party; or
(c) volunteer labour provided by a person that is:
(i) conducted outside the person's normal working hours or
while the person is on leave; and
Electoral Act 2004 10
(ii) not remunerated.
(2) Despite subsection (1), a gift to a candidate does not include a gift:
(a) made in a private capacity to the candidate for the candidate's
personal use; and
(b) that the candidate has not used, and will not use, solely or
substantially for a purpose related to an election.
(3) Despite subsection (1), a gift to a third party campaigner only
includes gifts that are:
(a) specified by the donor to be used for political expenditure; or
(b) reasonably believed by the campaigner to be intended by the
donor to be used for political expenditure.
(4) For subsection (1), (2) or (3) the regulations may:
(a) prescribe matters relating to methods or processes for
determining the value of a gift; and
(b) broaden or narrow the definition of gift.