The approved participant for a rental dwelling is required to pass on an incentive or State or Territory contribution to an investor if, at the time when the incentive or contribution is given to the approved participant, the approved participant or an associated party has a legal obligation:
(a) to pass on to the investor any payment or benefit (including rent) relating to the dwelling; or
(b) to take steps to enable the investor to claim a tax offset to which the investor is entitled under Division 380 of the Income Tax Assessment Act 1997 in relation to the incentive; or
(c) to make an election under section 380- 11 or 380-16 of the Income Tax Assessment Act 1997 in relation to the incentive.