Document ID: chunk:federal_register_of_legislation:C2025C00150:section:536f:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 536F (pt 2/2)
Character Range: 1223182–1224842

business;
 (e) a payment made under or in accordance with a law of the Commonwealth, or a law of a State or Territory;
 (f) a benefit provided in accordance with an order, judgment or award of a court or tribunal, or in settlement of a matter before the FWC or a genuine legal dispute;
 (g) a non‑corrupting benefit prescribed by, or provided in circumstances prescribed by, the regulations.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

Meaning of cash or in kind payment
 (4) A cash or in kind payment is a benefit that is:
 (a) in cash or any other money form; or
 (b) goods or services; or
 (c) prescribed by the regulations for the purposes of this paragraph.

Meaning of prohibited beneficiary
 (5) A person is a prohibited beneficiary in relation to an employee organisation if the person is any of the following:
 (a) an entity controlled by the organisation;
 (b) a registered organisations officer or employee in relation to the organisation;
 (c) a spouse of, or entity controlled by, such an officer or employee;
 (d) a person or entity to whom the organisation or a prohibited beneficiary of the organisation requests or directs the defendant to provide a cash or in kind payment;
 (e) a person who has a prescribed connection with the organisation or a prohibited beneficiary of the organisation.
 (6) In subsection (5), control, entity and spouse have the same meanings as in the Registered Organisations Act.

Meaning of national system employer
 (7) Sections 30D and 30N do not apply to extend the meaning of national system employer in this section.