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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Extension
of Charitable Purpose Bill 2004
No. ,
2004
(Treasury)
A Bill
for an Act relating to charities and charitable purpose, and for related
purposes
Contents
A Bill for an Act relating to charities and charitable
purpose, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Extension of Charitable Purpose Act
2004.
This Act commences, or is taken to have commenced, on 1 July
2004.
In this Act, unless the contrary intention appears:
charity means a charitable institution, a charitable fund or
any other kind of charitable body.
instrument means any instrument (including rules, regulations
or by-laws) made, granted or issued under an Act.
(1) Without limiting what constitutes a charitable purpose,
charitable purpose includes the provision of child care services
on a non-profit basis.
(2) This section applies:
(a) for the purposes of a provision of an Act or instrument; and
(b) for the purpose of determining whether an institution or fund is, for
the purposes of a provision of an Act or instrument, a charity.
(3) The fact that, because of this section, a purpose of an institution or
fund is a charitable purpose does not affect the question whether that purpose
is for the public benefit.
(1) Without limiting what constitutes a public benefit, an institution has
a purpose that is for the public benefit to the extent that the institution
is:
(a) an open and non-discriminatory self-help group (see
subsection (2)); or
(b) a closed or contemplative religious order that regularly undertakes
prayerful intervention at the request of members of the public.
(2) An institution is an open and non-discriminatory self-help
group if:
(a) it is an association of individuals that has an open and
non-discriminatory membership; and
(b) it is established for the purpose of assisting individuals affected
by:
(i) a particular disadvantage or discrimination; or
(ii) a need, arising out of a particular disadvantage or discrimination,
that is not being met; and
(c) it is made up of, and controlled by, individuals who are affected by
the disadvantage or discrimination; and
(d) all of its criteria for membership relate to its purpose;
and
(e) its membership is open to any individual who satisfies the
criteria.
(3) This section applies for the purpose of determining whether an
institution is a charity, for the purposes of a provision of an Act or
instrument.
(4) The fact that, because of this section, a purpose of an institution is
for the public benefit does not affect the question whether that purpose is a
charitable purpose.