(1) In determining whether a financial benefit is given for the purposes of this Chapter:

(a)

give a broad interpretation to financial benefits being given, even if criminal or civil penalties may be involved; and

(b)

the economic and commercial substance of conduct is to prevail over its legal form; and

(c)

disregard any consideration that is or may be given for the benefit, even if the consideration is adequate.

(2) Giving a financial benefit includes the following:

(a)

giving a financial benefit indirectly, for example, through 1 or more interposed entities;

(b)

giving a financial benefit by making an informal agreement, oral agreement or an agreement that has no binding force;

(c)

giving a financial benefit that does not involve paying money (for example by conferring a financial advantage).

(3) The following are examples of giving a financial benefit to a related party:

(a)

giving or providing the related party finance or property;

(b)

buying an asset from or selling an asset to the related party;

(c)

leasing an asset from or to the related party;

(d)

supplying services to or receiving services from the related party;

(e)

issuing securities or granting an option to the related party;

(f)

taking up or releasing an obligation of the related party.