Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p6
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 6/8)
Character Range: 676407–679273

electoral legislation;
the individual stops being an *independent candidate in that election when candidates for the replacement election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.

30‑245  When an individual is an independent member
 (1) An individual is an independent member of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory if the individual:
 (a) is a member of that Parliament or Legislative Assembly; and
 (b) the individual is not a member of a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation.
 (2) An individual who becomes a member as a result of an election (including an election that is later declared void) is taken to start being a member of the Parliament or Legislative Assembly when the individual's election as a member is declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.

Subdivision 30‑DB—Spreading certain gift and covenant deductions over up to 5 income years

Guide to Subdivision 30‑DB

30‑246  What this Subdivision is about
      This Subdivision allows you to elect to spread deductions for certain gifts and covenants over up to 5 income years. There are some different requirements for environmental, heritage and cultural property gifts and conservation covenants.

Table of sections

Operative provisions
30‑247 Gifts and covenants for which elections can be made
30‑248 Making an election
30‑249 Effect of election
30‑249A Requirements—environmental property gifts
30‑249B Requirements—heritage property gifts
30‑249D Requirements—conservation covenants

Operative provisions

30‑247  Gifts and covenants for which elections can be made
 (1) An election under this Subdivision may be made for a gift, made on or after 1 July 2003, that is:
 (a) a gift of:
 (i) money; or
 (ii) property valued by the Commissioner at more than $5,000;
  made to a fund, authority or institution covered by item 1 or 2 of the table in section 30‑15; or
 (b) a gift that is covered by item 4, 5 or 6 of the table in section 30‑15.
 (2) An election under this Subdivision may also be made for entering into a *conservation covenant, under Division 31, on or after 1 July 2003.

30‑248  Making an election
 (1) If you can deduct an amount:
 (a) under this Division for a gift covered by subsection 30‑247(1); or
 (b) under Division 31 for entering into a *conservation covenant covered by subsection 30‑247(2);
you may make a written election to spread that deduction over the current income year and up to 4 of the immediately following income years.
 (2) In the election, you must specify the percentage (if any) of