Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_200a
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 200A
Character Range: 38869–40466

200A  When benefit given in connection with retirement from office

 (1) For the purposes of this Division:
 (a) a benefit is given in connection with a person's retirement from an office if the benefit is given:
 (i) by way of compensation for, or otherwise in connection with, the loss by the person of the office; or
 (ii) in connection with the person's retirement from the office; and
 (b) giving a benefit includes:
 (i) if the benefit is a payment—making the payment; and
 (ii) if the benefit is an interest in property—transferring the interest; and
 (c) a person gives a benefit even if the person is obliged to give the benefit under a contract; and
 (d) a pension or lump sum is paid or payable in connection with the person's retirement from an office if the pension or lump sum is paid or payable:
 (i) by way of compensation for, or otherwise in connection with, the loss by the person of the office; or
 (ii) in connection with the person's retirement from the office; and
 (e) retirement from an office includes:
 (i) loss of the office; and
 (ii) resignation from the office; and
 (iii) death of a person at a time when they hold the office.

 (2) For the purposes of this Division, if:
 (a) a person (person A) gives another person a benefit (benefit A); and
 (b) person A gives benefit A for the purpose, or for purposes including the purpose, of enabling or assisting someone to give a person a benefit in connection with the retirement of a person (person B) from an office;
person A is taken to give benefit A in connection with the person B's retirement from that office.