Meaning of consideration for s 325R
325S Meaning of consideration for s 325R
Consideration, for a claim referral or potential claim referral, means a fee or other benefit given for the claim referral or potential claim referral but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.
To remove any doubt, it is declared that consideration does not include—
a payment or other benefit, not for a claim referral or potential claim referral, to—
a community legal service; or
a registered industrial organisation; or
a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth); or
a school association; or
a sporting association; or
Example—
legal services provided pro bono by an associate of a law practice to a community legal service
an amount given by a claimant for a service provided to the claimant as part of making a claim including, for example, an amount for legal costs.
In this section—
community legal service see the Legal Profession Act 2007, schedule 2.
school association means—
an association under the Education (General Provisions) Act 2006; or
for a non-State school under the Education (Accreditation of Non-State Schools) Act 2017—an association of parents and friends formed for the school.
sporting association means an association formed and operated on a not-for-profit basis for the purpose of conducting a sporting activity.
This Act’s bill:Explanatory memorandum
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