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ELECTORAL DISCLOSURE AND FUNDING ACT 2023 (NO. 37 OF 2023) - SECT 17
Disposition of property other than money taken to be gift of value of property
(1) For the purposes of this Act, the amount of a donation or
expenditure consisting of a disposition of property other than money is taken
to be the amount equal to the value of the property disposed of.
(2) For the purposes of subsection (1) (a) if the
regulations prescribe how the value of property is to be
determined the value of property disposed of is to be determined
in accordance with the regulations; and
(b) if guidelines, not inconsistent
with the regulations, prescribe how the value of property is to be
determined the value of property disposed of is to be determined
in accordance with the guidelines.
(3) For the purposes of this Act, the amount of a gift that is a gift in
kind consisting of the use of facilities is taken to be (a) the
value of the use of the facilities, determined (i) if the
regulations prescribe how the value is to be determined in accordance
with the regulations; and
(ii) if guidelines, not inconsistent with the
regulations, prescribe how the value is to be determined in
accordance with the guidelines; or
(b) if there are neither regulations, nor
guidelines, that prescribe how the value is to be determined the
amount that would have been payable for the lease of the facilities for the
period of the use.
(4) For the purposes of this Act, the amount of a gift that is a gift in
kind consisting of the provision of a service is taken to be (a)
the value of the provision of the service, determined (i) if the
regulations prescribe how the value is to be determined in accordance
with the regulations; and
(ii) if guidelines, not inconsistent with the
regulations, prescribe how the value is to be determined in
accordance with the guidelines; or
(b) if there are neither regulations, nor
guidelines, that prescribe how the value is to be determined the
lowest amount that would have been ordinarily payable for the provision of the
service by a reasonably competent provider of the service.
(5) For the purposes of this Act (a) the Commission may
require the value of property disposed of, or the value of a gift, to be
determined by a valuer appointed or approved by the Commission; and
(b) if the
Commission requires the value of property disposed of, or the value of a gift,
to be determined by a valuer appointed or approved by the Commission, the
value of the property or gift is (i) to be determined by the
valuer in accordance with this section; and
(ii) to be taken to be the value
so determined.
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