sec.107Meaning of gift

### sec.107 Meaning of gift A gift made by a person to another person is the disposition of property, or provision of a service, by the person to the other person, for no consideration or inadequate consideration. Also, a gift includes— an amount of electoral expenditure a person gifted to a participant in an election; and For when an amount of electoral expenditure incurred by a person is gifted to a participant in an election, see section 109C . an amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party that endorses a candidate in an election by— if the party is a part of another entity—a federal or interstate branch or division of the other entity; or a related political party of the party; and in relation to a loan made by a person to another person— an amount of uncharged interest on the loan; or an amount forgiven on the loan; and the part of a fundraising contribution made by a person to another person that exceeds $200; and an amount paid, or service provided, by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement. A gift does not include— the disposition of property under a will; or a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or the following amounts paid to a political party— an amount for a person’s subscription for membership of the party; an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ; an amount that is a compulsory levy imposed on councillors by the party under its constitution; or an amount transferred to an individual from funds the individual holds jointly with the individual’s spouse; or the provision of voluntary labour; or the incidental or ancillary use of— a volunteer’s vehicle or equipment; or a vehicle or equipment that is ordinarily available for the personal use of a volunteer. A reference in this part to a gift does not include a reference to a gift made by a person to an individual (the recipient ) if, when the gift is made— it is made in a private capacity for the recipient’s personal use; and the recipient does not intend to use the gift for an electoral purpose. However, if a gift, or part of a gift, mentioned in subsection (4) is used for an electoral purpose— the gift, or that part of the gift, is a gift for this part; and the recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose. If the recipient is a councillor, a reference in subsection (4) or (5) to using a gift for an electoral purpose includes using the gift directly or indirectly for the recipient’s duties as a councillor. In this section— uncharged interest , on a loan, means an amount that would have been payable on the loan if— for a loan made on terms requiring the payment of interest at less than the official cash rate plus 3% a year—the loan had been made on terms requiring the payment of interest at a rate that is at least at the official cash rate plus 3% a year; or for a loan for which interest payable is waived—the interest payable had not been waived; or for a loan for which interest payments are not capitalised—the interest payments were capitalised. s 107 sub 2019 No. 30 s 222 ; 2023 No. 8 s 20 (sec.107-ssec.1) A gift made by a person to another person is the disposition of property, or provision of a service, by the person to the other person, for no consideration or inadequate consideration. (sec.107-ssec.2) Also, a gift includes— an amount of electoral expenditure a person gifted to a participant in an election; and For when an amount of electoral expenditure incurred by a person is gifted to a participant in an election, see section 109C . an amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party that endorses a candidate in an election by— if the party is a part of another entity—a federal or interstate branch or division of the other entity; or a related political party of the party; and in relation to a loan made by a person to another person— an amount of uncharged interest on the loan; or an amount forgiven on the loan; and the part of a fundraising contribution made by a person to another person that exceeds $200; and an amount paid, or service provided, by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement. (sec.107-ssec.3) A gift does not include— the disposition of property under a will; or a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or the following amounts paid to a political party— an amount for a person’s subscription for membership of the party; an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ; an amount that is a compulsory levy imposed on councillors by the party under its constitution; or an amount transferred to an individual from funds the individual holds jointly with the individual’s spouse; or the provision of voluntary labour; or the incidental or ancillary use of— a volunteer’s vehicle or equipment; or a vehicle or equipment that is ordinarily available for the personal use of a volunteer. (sec.107-ssec.4) A reference in this part to a gift does not include a reference to a gift made by a person to an individual (the recipient ) if, when the gift is made— it is made in a private capacity for the recipient’s personal use; and the recipient does not intend to use the gift for an electoral purpose. (sec.107-ssec.5) However, if a gift, or part of a gift, mentioned in subsection (4) is used for an electoral purpose— the gift, or that part of the gift, is a gift for this part; and the recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose. (sec.107-ssec.6) If the recipient is a councillor, a reference in subsection (4) or (5) to using a gift for an electoral purpose includes using the gift directly or indirectly for the recipient’s duties as a councillor. (sec.107-ssec.7) In this section— uncharged interest , on a loan, means an amount that would have been payable on the loan if— for a loan made on terms requiring the payment of interest at less than the official cash rate plus 3% a year—the loan had been made on terms requiring the payment of interest at a rate that is at least at the official cash rate plus 3% a year; or for a loan for which interest payable is waived—the interest payable had not been waived; or for a loan for which interest payments are not capitalised—the interest payments were capitalised. - (a) an amount of electoral expenditure a person gifted to a participant in an election; and Note— For when an amount of electoral expenditure incurred by a person is gifted to a participant in an election, see section 109C . - (b) an amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party that endorses a candidate in an election by— (i) if the party is a part of another entity—a federal or interstate branch or division of the other entity; or (ii) a related political party of the party; and - (i) if the party is a part of another entity—a federal or interstate branch or division of the other entity; or - (ii) a related political party of the party; and - (c) in relation to a loan made by a person to another person— (i) an amount of uncharged interest on the loan; or (ii) an amount forgiven on the loan; and - (i) an amount of uncharged interest on the loan; or - (ii) an amount forgiven on the loan; and - (d) the part of a fundraising contribution made by a person to another person that exceeds $200; and - (e) an amount paid, or service provided, by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement. - (i) if the party is a part of another entity—a federal or interstate branch or division of the other entity; or - (ii) a related political party of the party; and - (i) an amount of uncharged interest on the loan; or - (ii) an amount forgiven on the loan; and - (a) the disposition of property under a will; or - (b) a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or - (c) the following amounts paid to a political party— (i) an amount for a person’s subscription for membership of the party; (ii) an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ; (iii) an amount that is a compulsory levy imposed on councillors by the party under its constitution; or - (i) an amount for a person’s subscription for membership of the party; - (ii) an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ; - (iii) an amount that is a compulsory levy imposed on councillors by the party under its constitution; or - (d) an amount transferred to an individual from funds the individual holds jointly with the individual’s spouse; or - (e) the provision of voluntary labour; or - (f) the incidental or ancillary use of— (i) a volunteer’s vehicle or equipment; or (ii) a vehicle or equipment that is ordinarily available for the personal use of a volunteer. - (i) a volunteer’s vehicle or equipment; or - (ii) a vehicle or equipment that is ordinarily available for the personal use of a volunteer. - (i) an amount for a person’s subscription for membership of the party; - (ii) an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ; - (iii) an amount that is a compulsory levy imposed on councillors by the party under its constitution; or - (i) a volunteer’s vehicle or equipment; or - (ii) a vehicle or equipment that is ordinarily available for the personal use of a volunteer. - (a) it is made in a private capacity for the recipient’s personal use; and - (b) the recipient does not intend to use the gift for an electoral purpose. - (a) the gift, or that part of the gift, is a gift for this part; and - (b) the recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose. - (a) for a loan made on terms requiring the payment of interest at less than the official cash rate plus 3% a year—the loan had been made on terms requiring the payment of interest at a rate that is at least at the official cash rate plus 3% a year; or - (b) for a loan for which interest payable is waived—the interest payable had not been waived; or - (c) for a loan for which interest payments are not capitalised—the interest payments were capitalised.