Tasmanian Numbered Acts

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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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