Document ID: chunk:federal_register_of_legislation:C2025C00156:section:23dzzif:p1
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 23DZZIF (pt 1/3)
Character Range: 377077–379730

23DZZIF  Meaning of permitted benefit
 (1) For the purposes of this Part, a benefit asked for or accepted by, or offered or provided to, a person (the beneficiary) who is, or is connected to, a requester is a permitted benefit if:
 (a) both of the following apply:
 (i) it is covered by subsection (2), (3), (4), (5) or (6);
 (ii) it is not excluded by subsection (7); or
 (b) it is covered by a determination by the Minister under section 23DZZIG.

Distributions of profits or shares
 (2) The benefit is a permitted benefit if both of the following apply:
 (a) the benefit consists of a distribution of profits or shares to the beneficiary, in respect of the operation of a business that renders pathology services or diagnostic imaging services (as the case requires), by the body corporate, trust, partnership or other body that carries on the business;
 (b) the amount of the benefit is proportionate to the interest that the beneficiary holds in that body corporate, trust, partnership or other body.

Remuneration
 (3) The benefit is a permitted benefit if both of the following apply:
 (a) the benefit consists of the payment of remuneration (whether salary, wages, commission, allowances or bonuses) to the beneficiary as an employee or under a contract for services;
 (b) the amount of the benefit is not substantially different from the usual remuneration paid to persons engaged in similar employment or under similar contracts.

Payments for shared property, goods or services
 (4) The benefit is a permitted benefit if:
 (a) the benefit consists of a payment (whether or not made to the beneficiary) for property, goods or services that are shared between the beneficiary and another person; and
 (b) the amount of the benefit is proportionate to the other person's share of the cost of the property, goods or services; and
 (c) if the benefit is a payment for the use or occupation, by a provider of a kind of pathology service, of a part of premises or a particular space in a building:
 (i) an approved collection centre or an accredited pathology laboratory is established in that part of the premises or that space at the time, or within 60 days after, the arrangement for the use or occupation is entered into; or
 (ii) the provider renders professional services in that part of the premises or that space;
  and that part of the premises or that space is not used or occupied under the arrangement for any other purpose.

Payments for other property, goods or services
 (5) The benefit is a permitted benefit if:
 (a) the benefit consists of a payment (whether or not made to the beneficiary) for property, goods or services that are