Document ID: chunk:federal_register_of_legislation:C2007A00088:clause:1_23dzzif:p2
Version: federal_register_of_legislation:C2007A00088
Segment Type: clause
Provision Reference: sch 1 cl 23DZZIF (pt 2/3)
Character Range: 18297–20867

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 not shared between the beneficiary and another person; and
 (b) the amount of the benefit is not substantially different from the market value 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 premises (including a part of premises) or a particular space in a building:
 (i) an approved collection centre or an accredited pathology laboratory is established in the premises or 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 the premises or space;
  and the premises or space are not used or occupied under the arrangement for any other purpose.

Provision of property, goods or services

 (6) The benefit is a permitted benefit if:
 (a) the benefit consists of the provision of property, goods or services to the beneficiary; and
 (b) the benefit is provided for consideration that is not substantially different from the market value of the property, goods or services.

Exclusions

 (7) However, the benefit is not a permitted benefit if:
 (a) the benefit is related to the number, kind or value of requests for pathology services or diagnostic imaging services made by the requester; or
 (b) the benefit consists of the provision of staff or equipment at premises of the beneficiary for the purpose of providing pathology services or diagnostic imaging services, whether the staff or equipment are stationed at the premises full‑time or part‑time, or visit or are brought to the premises from time to time.

 (8) To avoid doubt, a benefit is related to the number of requests for pathology services or diagnostic imaging services made by a requester if the provision of the benefit is dependent on the requester requesting all, or a proportion of, the requests for one or more kinds of services that the requester makes from a particular provider.

Market value

 (9) For the purposes of paragraphs (5)(b) and (6)(b), the regulations may prescribe a method of working out whether the amount of a payment or of consideration is substantially different from the market value, or an amount determined by a method prescribed in the regulations to be the market value, of a specified class of property, goods or services.